Sweaney

Sweaney v. Ada County

Good Law
119 F.3d 1385·97 Daily Journal DAR 9062·1997 WL 393076·38 Fed. R. Serv. 3d 1129·1997 U.S. App. LEXIS 17598
United States Court of Appeals for the Ninth CircuitJuly 15, 1997No. 96-35156California4,727 words

Opinion

Lead Opinion

Alarcon, J.

Plaintiff-appellant Sherie Sweaney (“Sweaney”) appeals from the district court’s grant of summary judgment in favor of defendantappellees Ada County, Ada County Sheriff Vaughn Killeen, and Ada County Deputy Sheriff Joyce Michie on her 42 U.S.C. § 1983 claim and supplemental state claims. Sweaney contends that the district court erred in holding that Deputy Michie was shielded from liability in this matter under the doctrine of qualified immunity and in denying her motion to amend her complaint. We affirm the dismissal of Sweaney’s federal claim because we conclude that Sweaney did not have a clearly established right under federal constitutional or statutory law to strike her son with a belt on school grounds without law enforcement investigation of her conduct and the filing of a report with the county prosecutor at the time of the alleged misconduct. We further affirm the district court’s dismissal of Sweaney’s federal claims against Ada County and Sheriff Killeen and hold that the district court did not abuse its discretion in dismissing the supplemental state law claims. We also affirm the district court’s denial of Sweaney’s motion to amend the complaint because her proposed…

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