Deborah Westwood v. City of Hermiston

MEMORANDUM **

Plaintiffs Petal Pushers & More, Deborah Westwood, and Mitchell Myers, the owners of a restaurant and bar in Hermi-ston, Oregon, named “Nookie’s,” appeal the district court’s grant of summary judgment in favor of Defendants City of Her-miston and Hermiston Police Chief Daniel Coulombe on all claims. Reviewing de novo, we affirm.

1. Intentional Interference with Business Relationships

The district court properly granted summary judgment on Plaintiffs’ claim that the City intentionally interfered with their business relationships with the Oregon Liquor Control Commission and Nookie’s customers. With respect to their relationships with the OLCC, even assuming that Westwood and Myers were real parties in interest, the district court correctly ruled that Plaintiffs failed to show actual interference with those relationships, as Nookie’s was still able to use its liquor license to the fullest extent. Nookie’s remained open for business; Plaintiffs’ license was neither revoked nor suspended; and Plaintiffs conceded that the control plan that OLCC implemented did not have a negative impact on their business. Plaintiffs simply did not suffer any harm. To the extent…

concurring in part and dissenting in part:

As for the malicious prosecution counts, I would hold that Westwood came forward with sufficient facts to survive summary judgment on the issue of whether there was probable cause to arrest her for obstruction. Here, the facts are disputed. If Westwood’s version is believed, West-wood did nothing more than talk to the police officer at the front door of her establishment. She did not block his entrance; she was not asked to move out of the way; she did not obstruct his view of the interior; she did nothing illegal. She acknowledges that she speaks with her hands as she talks, but ordinary gesticulation is no crime. To be sure, the officer has a different version of the event, but taking the facts in the light most favorable to Westwood, Suzuki Motor Corp. v. Consumers Union of U.S., 330 F.3d 1110, 1131-32 (9th Cir.2003), there was no probable cause to arrest her. A jury must decide what actually happened.

I agree with the majority that there was insufficient evidence to overcome the presumption of prosecutorial independence as to the federal malicious prosecution claim under Section 1983. However, with respect to the state malicious…

FILED

NOT FOR PUBLICATION OCT 23 2012

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

DEBORAH WESTWOOD; MITCHELL No. 11-35419

MYERS; PETAL PUSHERS & MORE,

LLC, an Oregon limited liability company, D.C. No. 2:09-cv-00478-BR DBA Nookie’s Bistro & Spirits,

Plaintiffs - Appellants, MEMORANDUM *

v.

CITY OF HERMISTON; DANIEL

COULOMBE; CHRIS WASHBURN,

Defendants - Appellees.

Appeal from the United States District Court for the District of Oregon Anna J. Brown, District Judge, Presiding

Submitted October 11, 2012 ** Portland, Oregon

Before: SILVERMAN, CLIFTON, and N.R. SMITH, Circuit Judges.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Plaintiffs Petal Pushers & More, Deborah Westwood, and Mitchell Myers,

the owners of a restaurant and bar in Hermiston, Oregon, named “Nookie’s,”

appeal the district court’s grant of summary judgment in…