“Confirmed Judges, Confirmed Fears” is a blog series documenting the harmful impact of President Trump’s judges on Americans’ rights and liberties. It includes judges nominated in both his first and second terms.
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What’s at stake in this case?
The mother of a man fatally struck by a train sued a deputy for placing the man in danger.
What happened in this case?
Brett Breunnig was experiencing drug withdrawal and was encountered by San Bernadino County Deputy Breanna Fite, who picked him up in her patrol car near a hospital . She told Bruennig that since he was experiencing withdrawal, she was “not going to drop you off on the side of the road.” A few minutes later, however, she did drop him off at the side of a road where a train was “racing along nearby tracks.” She left, and the train struck and killed Bruennig.
Breunnig’s mother, Deborah Moller, filed a federal lawsuit against Fite and the county, claiming, among other things, that Fite had improperly put her son in a dangerous situation. The district court found against Moller, and she appealed to the Ninth Circuit. In June 2026, Trump judge Mark Bennett and George W Bush judge NR Smith issued a 2-1 decision affirming the ruling below in Moller v County of San Bernadino. Biden judge Salvador Mendoza dissented.
What did the majority say?
The majority maintained that the deputy had not exposed the victim to an “obvious danger” compared with other cases and that he had harmed himself by attempting to board a moving train, so judgment against his mother was appropriate.
Why did Judge Mendoza dissent?
Judge Mendoza explained that the deputy had clearly exposed Bruennig to a “danger” that he “would not have otherwise faced,” since she picked him up near a hospital and dropped him off near train tracks. He pointed out that whether the danger was “obvious” and Bruennig had effectively harmed himself were factual questions “not appropriate” for resolution as a matter of law, and Mrs. Moller should have had a chance to present her case to a jury.
Why is the ruling harmful?
The ruling made possible by Trump judge Bennett clearly prevented Deborah Moller from getting compensation or justice for the tragic death of her son. It also sets a bad precedent concerning liability by government officials for exposing individuals to danger, particularly in the Ninth Circuit, which includes California, Alaska, Arizona, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington. In addition, it illustrates the importance of our federal courts to health, welfare and justice and the significance of having fair-minded judges on the federal bench.