BARBARA FOURNIER and BRUCE JENKINS v. Terry Cuddeford

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
BARBARA FOURNIER and BRUCE
JENKINS,
Plaintiffs - Appellants,
v.
TERRY CUDDEFORD,
Defendant - Appellee.
No. 12-36062
D.C. No. 3:11-cv-00343-AC
MEMORANDUM*
Appeal from the United States District Court
for the District of Oregon
John V. Acosta, Magistrate Judge, Presiding
Submitted May 13, 2014 **
Portland, Oregon
Before: GOODWIN, IKUTA, and N.R. SMITH, Circuit Judges.
Barbara Fournier and Bruce Jenkins (collectively, “Plaintiffs”) appeal the
district court’s summary judgment in their 42 U.S.C. § 1983 action. Plaintiffs
allege that Clackamas County Sheriff’s Deputy Terry Cuddeford violated their
FILED
MAY 19 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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Fourth and Fourteenth Amendment rights when he responded to their 911 call
reporting that they were being subjected to an unlawful eviction. We have
jurisdiction under 28 U.S.C. § 1291. On de novo review, Morrison v. Hall, 261
F.3d 896, 900 (9th Cir. 2001), we affirm.
Plaintiffs failed to raise a genuine dispute of material fact as to whether
Cuddeford’s conduct constituted state action because Cuddeford was summoned to
a scene not of his making after the confrontation had already occurred. See Meyers
v. Redwood City, 400 F.3d 765, 771-72 (9th Cir. 2005) (holding that police officers
who were summoned to a scene not of their making, where the confrontation was
not conducted under their purview, “were not so enmeshed in effectuating the
repossession that the deprivation and seizure . . . is attributable to the state”); see
also Howerton v. Gabica, 708 F.2d 380, 383-84 (9th Cir. 1983) (relying on
repossession cases to set out the legal framework for state action in a case alleging
unlawful eviction).
AFFIRMED.
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