Hecks v. City of Seldovia et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
TYLER HECKS,
Plaintiff,
v.
CITY OF SELDOVIA, et al.,
Defendants. Case No. 3:20-cv-00083-SLG
ORDER RE MOTION FOR SUMMARY JUDGMENT
Before the Court at Docket 21 is Defendant City of Seldovia’s motion for
summary judgment with respect to Plaintiff’s claim under 42 U.S.C. § 1983. Plaintiff
did not respond to the motion.
DISCUSSION
I. Legal Standard
Federal Rule of Civil Procedure 56(a) directs a court to “grant summary
judgment if the movant shows that there is no genuine dispute as to any material fact
and the movant is entitled to judgment as a matter of law.” The burden of showing
the absence of a genuine dispute of material fact lies with the moving party.1 If the
moving party meets this burden, the non-moving party must present specific factual
evidence demonstrating the existence of a genuine issue of fact.2 The non-moving
1 Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986).
2 Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248–49 (1986).
Case 3:20-cv-00083-SLG Document 23 Filed 06/15/21 Page 1 of 2

Case No. 3:20-cv-00083-SLG, Hecks v. City of Seldovia, et al.
Order Re Motion for Summary Judgment on Section 1983 by City of Seldovia
Page 2 of 2
party may not rely on mere allegations or denials.3 Rather, that party must
demonstrate that enough evidence supports the alleged factual dispute to require a
finder of fact to make a determination at trial between the parties’ differing versions
of the truth.4
II. Discussion
A local governing body is not liable under Section 1983 “unless action pursuant
to official municipal policy of some nature caused a constitutional tort.” Monell v.
Dep’t of Social Servs. of City of N.Y., 436 U.S. 658, 691 (1978). Here, the record is
undisputed that the Chief of Police was not acting pursuant to any official municipal
policy procedure when he conducted the traffic stop on April 1, 2018. See Affidavit
of City Manager, Docket 21-1. Accordingly, the City is entitled to summary judgment
on this claim.
III. Conclusion
For the foregoing reasons, the City of Seldovia’s Motion for Summary
Judgment on Plaintiff’s 42 U.S.C. § 1983 Claim at Docket 21 is GRANTED.
DATED this 15th day of June, 2021 at Anchorage, Alaska.
/s/ Sharon L. Gleason
UNITED STATES DISTRICT JUDGE
3 Id.
4 Id. (citing First National Bank of Arizona v. Cities Service Co., 391 U.S. 253 (1968)).
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