Ileto v. Glock

349 F.3d 1191 (9th Cir. 2003)

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Nature of the Case

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Facts

Furrow was carrying firearms manufactured, marketed, imported, distributed, and/or sold by Ds. Federal law prohibited him from possessing, purchasing, or using any firearm. Furrow had been committed to a psychiatric hospital in 1998, indicted for a felony in 1998, and convicted of assault in the second degree in 1999 in the state of Washington. Federal law prohibits a person with a mental defect who has been committed to a mental institution and/or convicted of a felony from purchasing a gun. Furrow entered the JCC with this arsenal and proceeded to shoot and injure three young children, one teenager, and one adult with his Glock gun. Furrow then fled the JCC with the firearms and came upon Ileto (P), a United States Postal Service worker, who was delivering mail. Furrow shot and killed P. Ps sued Ds for public nuisance, negligence, negligent entrustment, and unfair business practices. The original complaint sought certification of a class, damages, and injunctive relief. Ps abandoned their class allegations and their requests for injunctive relief and dropped some defendants from the complaint. Ds moved to dismiss the case, arguing that even if all of the alleged facts were true, P had failed to state a legally cognizable claim; the district court agreed and granted the motions to dismiss. On appeal, Ps pursue only two of their original claims, the negligence, and public nuisance claims. In the negligence claim, Ps alleged that Ds intentionally produced more firearms than the legitimate market demands with the intent of marketing their firearms to illegal purchasers who buy guns on the secondary market. Ps also alleged that Ds breached their legal duty to the Ps 'through their knowing, intentional, reckless, and negligent conduct . . . foreseeably and proximately causing injury, emotional distress, and death to plaintiffs.' Ps allege that each of the firearms used by Furrow were marketed, distributed, imported, promoted, or sold by each of the Ds in the high-risk, crime-facilitating manner and circumstances including gun shows, 'kitchen table' dealers, pawn shops, multiple sales, straw purchases, faux 'collectors,' and distributors, dealers and purchasers whose ATF crime-trace records or other information Ds knew or should have known identify them as high-risk. Defendants' practices knowingly facilitate easy access to their deadly products by people like Furrow. Ps alleged that Glock targets its firearms to law enforcement first to gain credibility and then uses the enhanced value that comes with law enforcement use to increase gun sales in the civilian market. Ps contend that Glock guns are safe and appropriate for use by well-trained elite offensive police forces, but are not appropriate for civilians or unskilled users. Further, Glock and its distributors encourage police departments to make trade-ins earlier than necessary or originally planned so that they can sell more firearms to the police and sell the former police guns at a markup on the civilian market. Glock knows that by over-saturating the market with guns, the guns will go to the secondary markets that serve illegal purchasers. The gun that killed P was purchased originally by a police department in the state of Washington. These guns were deemed to be too small, and then the police decided to exchange the guns for another Glock model. Dinnen had a gun store in Cosmopolis and got a trade-in on the guns for the police. Dineen sold one of the Police Department Glock guns to David Wright, a man who claimed to be a gun collector. Dineen had introduced Wright to another 'gun collector' named Andrew Palmer, knowing that neither Wright nor Palmer had firearms licenses, and therefore that they did not have to obtain background checks on their purchasers. Dineen also knew that Wright and Palmer frequently sold and traded guns at gun shows in Spokane, Washington, which is near Hayden Lake, Idaho, the home of the Aryan Nations and the Neo-Nazi group of which Furrow was a member. Wright sold the Glock gun to Palmer at a gun show in Spokane, Washington; at this same gun show, it is alleged that Furrow purchased the Glock gun used in the shootings from Palmer. Ps alleged that all the parties facilitate an illegal secondary market for the guns. Ps alleged that Ds failed to exercise reasonable care to protect the public from the risks created by the distribution and marketing schemes that create an illegal secondary market. Ps alleged that Ds knew which distributors and dealers provided guns to illegal purchasers and their negligent conduct created an unreasonable risk of harm to people like Ps and that the subsequent creation of an illegal secondary gun markets was a substantial factor contributing to the injuries the plaintiffs suffered. Ps also alleged a public nuisance in the marketing, distributing, promoting, and sale of firearms. Ds have knowingly created, facilitated, and maintained an over-saturated firearms market that makes firearms easily available to anyone intent on crime. This distribution and business network significantly interferes with the public safety, health or peace. Ps allege that Ds know or have reason to know that their marketplace creates a significant effect upon the public right. It is alleged that Ds continually engage in their reckless conduct even though they are continually informed of the resulting substantial, permanent, and long-lasting harm and even as they receive daily notice from the ATF of the distribution channels they use that are doing the most harm. The district court granted Ds' motions to dismiss. Ps appealed.