Kyle Zoellner’s lawsuit against Arcata dismissed by appeals court – Times-Standard

A screen capture of the U.S. Court of Appeals from Monday, June 10, shows Kyle Zoellner’s attorney, Elizabeth Zareh, speaking to the justices in the case of Kyle Zoellner v. City of Arcata. The court ruled in favor of the city on Tuesday. (Screenshot)

The Ninth Circuit Court of Appeals in a Tuesday ruling dismissed Kyle Zoellner’s lawsuit against the city of Arcata and Arcata police Detective Eric Losey stemming from his 2017 arrest in the fatal stabbing of 19-year-old David Josiah Lawson.

In response, Zoellner sued and accused the Arcata Police Department of arresting him without probable cause, maliciously prosecuting him, defaming him, refusing to provide medical care while in custody, and violating his federal civil rights. District court judges dismissed each of those claims, siding with the district court judge who overturned a 2022 jury decision ordering the city to pay him more than $750,000.

Considering the evidence available to Detective Eric Losey, the court found he had probable cause to arrest Zoellner.

“Ample, undisputed evidence establishes a ‘sufficient probability’ that Zoellner committed the crime,” the ruling stated. “Witnesses at the scene identified Zoellner as the ‘stabber’ and that his clothing was covered in blood. The blood pattern on Zoellner’s clothing was not consistent with his nosebleed. Zoellner also admitted to a physical altercation with the victim that evening, which was confirmed by an eyewitness. Additionally, a kitchen knife was found at the scene, and Zoellner worked as a cook.”

Although the court could rule that there was sufficient probable cause to arrest Zoellner, there was not enough evidence for the case to proceed to trial. Judge Dale Reinholtsen dismissed the case at a preliminary hearing, finding that there was not enough evidence for a reasonable person to believe that Zoellner would have committed the crime.

Zoellner’s lawsuit accused the city of defaming him over statements made by then-Detective Todd Dokweiler and former Chief Tom Chapman — the former for filing a probable cause affidavit in court stating that other witnesses saw Zoellner stab Lawson, and the latter for saying his office was looking for “a white male who stabbed and killed a black male.”

The court was unpersuaded, noting that Dokweiler’s speech was protected under state litigation rights — it was protected speech because of its role in legal proceedings — and there was no compelling evidence that Chapman’s speech itself directly harmed Zoellner.

“We agree with the district court that Zoellner suffered the alleged injuries ‘simply because of the charges brought against him,’” the ruling stated.

Zoellner was not taken to the hospital despite facial injuries for at least an hour after being detained by Officer Devon Nilsen, but he initially refused treatment. When he asked for it, Nilsen took him to the hospital, which the court cited in rejecting the accusation that the city failed to provide medical care.

The court found that Zoellner’s federal infringement claim – also known as the Monell claim – was dismissed because his case failed to present credible evidence that the city and Losey had “final rulemaking authority” regarding the brief criminal proceedings against Zoellner conducted by the Humboldt County District Attorney’s Office, or that they had no knowledge of any alleged constitutional violation.

If Zoellner wants to appeal the decision, his lawyer will have to file a motion for reconsideration, and if that fails, he could file a petition for the U.S. Supreme Court to review the case.

Jackson Guilfoil can be reached at 707-441-0506.