Nicole Carby v. City of Kennewick, Mr. Guerro (brother to Kennewick Chief of Police), Supervisor Benton County Jail, and Rudy Ruelas

Summary

The U.S. District Court for the Eastern District of Washington considers the City of Kennewick’s motion to dismiss Nicole Carby’s pro se complaint asserting constitutional, 42 U.S.C. § 1983, Bivens, and Washington-law claims. The court concludes that the complaint fails to state cognizable claims, that service of process was insufficient and untimely, and that several asserted statutory claims lack adequate factual or legal support. The motion is granted in part, and Carby’s claims against the City of Kennewick are dismissed without prejudice, without leave to amend.

Holdings

1. The complaint failed to state a claim because it consisted largely of conclusory legal assertions, statutory citations, and generalized allegations that did not identify the specific facts supporting each claim or provide fair notice of the claims against the City.
2. The complaint failed to state a Bivens claim against the City because it did not identify the federal agent or constitutional provision involved, and the City is not a federal agency and does not employ federal agents.
3. Carby failed to state a § 1983 claim against the City because she did not allege facts showing that a municipal policy, custom, failure to train or supervise, or final-policymaker decision directly caused a deprivation of federal rights.
4. The claim based on the November 6, 2021 detention was time-barred because Washington's three-year limitations period expired on November 6, 2024. The claim based on the August 20, 2022 detention was filed before the limitations period expired.
5. The complaint failed to state a § 1983 claim based on the alleged failure to provide Miranda warnings or a telephone call and failed to plead sufficient facts supporting a due-process violation.
6. The jury-trial allegation failed to state a claim because the complaint did not establish that Carby timely requested a jury trial, that she had a jury-trial right in the referenced proceeding, or what specific conduct violated that right; moreover, the identified remedy generally would be vacatur or a new trial rather than damages.
7. Although an unlawful-arrest claim under § 1983 requires an arrest without probable cause or other legal justification, Carby's allegations were insufficiently developed to state a plausible claim against the City.
8. The Washington-law allegations failed because Carby pleaded legal conclusions without sufficient facts, cited statutes that did not create the asserted private claims or whose requirements she did not satisfy, and did not clarify how the City was responsible for allegations concerning other entities or actors.
9. Service by certified or registered mail did not satisfy Federal Rule of Civil Procedure 4(j)(2) or Washington law because Carby did not personally deliver the summons and complaint to the City's chief executive officer or a person authorized under Washington law.
10. The court denied leave to amend because amendment would be futile.
11. The court warned that refiling could create claim-splitting or preclusion issues because Carby's other action appeared to involve similar claims and facts, but it did not adjudicate those issues.

Questions Presented

1. Whether the complaint stated a plausible claim for relief under Rule 12(b)(6), including claims under Bivens, 42 U.S.C. § 1983, the federal Constitution, and Washington law.
2. Whether Carby adequately pleaded municipal liability against the City of Kennewick under § 1983 and Monell.
3. Whether Carby's November 6, 2021 unlawful-detention claim was barred by the applicable statute of limitations.
4. Whether the alleged Miranda, due-process, jury-trial, unlawful-arrest, and Washington-law claims were pleaded with sufficient factual detail and legal support.
5. Whether service by certified or registered mail satisfied Federal Rule of Civil Procedure 4(j)(2) and Washington service requirements, and whether dismissal without prejudice was appropriate.

Disposition

dismissed