Ballew v. City of Pasadena

642 F.Supp.3d 1146

Christopher A. BALLEW, Plaintiff, v. CITY OF PASADENA, et al., Defendants.

Case No. CV 18-0712 FMO (ASx)

United States District Court, C.D. California

Signed November 23, 2022

Matthew Sahak, John C. Burton, The Law Offices of John Burton, Pasadena, CA, for Plaintiff.

Steven J. Rothans, Jill Williams, Carpenter Rothans and Dumont LLP, Los Angeles, CA, Javan N. Rad, Michele Beal Bagneris, Pasadena City Attorney's Office, Pasadena, CA, for Defendants City of Pasadena, Chief of Police Phillip A. Sanchez, Officer Zachary Lujan, Officer Lerry Esparza.

Javan N. Rad, Michele Beal Bagneris, Pasadena City Attorney's Office, Pasadena, CA, for Defendant Pasadena Police Department.

Jill Williams, Carpenter Rothans and Dumont LLP, Los Angeles, CA, for Defendant Corporal Timothy Bundy.

ORDER RE: MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT

Fernando M. Olguin, United States District Judge

Having reviewed and considered all the briefing filed with respect to the Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment (Dkt. 137, "Motion") filed by the City of Pasadena ("City"),¹ Chief Phillip Sanchez ("Sanchez"), Sergeant Timothy Bundy ("Bundy"), Officer Zachary Lujan ("Lujan"), and Officer Lerry Esparza ("Esparza") (collectively, "defendants"), the court finds that oral argument is not necessary to resolve the Motion, see Fed. R. Civ. P. 78(b); Willis v. Pac. Mar. Ass'n, 244 F.3d 675, 684 n.2 (9th Cir. 2001), and concludes as follows.

INTRODUCTION

In the operative Third Amended Complaint ("TAC"), Christopher A. Ballew ("plaintiff" or "Ballew") asserts claims under 42 U.S.C. § 1983² for: (1) racial discrimination in violation of the Fourteenth Amendment; (2) excessive force in violation of the Fourth Amendment; (3) unlawful seizure in violation of the Fourth Amendment; (4) false reports in violation of the Fourteenth Amendment; (5) excessive bail in violation of the Eighth Amendment; (6) municipal liability under Monell v. Dep't of Soc. Servs., 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978); and (7) supervisory liability. (See Dkt. 126, TAC at ¶¶ 70-90). Plaintiff also asserts state law claims for: (8) violation of the Ralph Act, Cal. Civ. Code § 51.7; (9) violation of the Bane Act, Cal. Civ. Code § 52.1; (10) battery; and (11) false imprisonment. (See id. at ¶¶ 91-96).

STATEMENT OF FACTS³

The Pasadena Police Department ("PPD") is authorized to provide law enforcement services in Altadena, an unincorporated area of Los Angeles County, pursuant to a jurisdictional consent agreement with the Los Angeles County Sheriff's Department. (See Dkt. 137-2, Joint Statement of Uncontroverted Facts ("SUF") at D5; Dkt. 137-5, Exhibit ("Exh.") D, Deposition of Chief Phillip Sanchez ("Sanchez Depo.") at 53-55; Dkt. 137-6, Exh. I, Declaration of Chief Phillip Sanchez ("Sanchez Decl.") at ¶ 8; Dkt. 137-7, Exh. V, Jurisdictional Consent Agreement). The PPD has a Special Enforcement Section ("SES") unit that investigates and documents gang activity, with a focus on street-level narcotics. (See Dkt. 137-2, SUF at D24 & D26; Dkt. 137-4, Exh. B, Deposition of Officer Lerry Esparza ("Esparza Depo.") at 56 & 71-72; id., Exh. C, Deposition of Officer Zachary Lujan ("Lujan Depo.") at 59; Dkt. 137-5, Exh. D, Sanchez Depo. at 27-28 & 50-51; id., Exh. F, Declaration of Sergeant Timothy Bundy ("Bundy Decl.") at ¶ 5).

On the evening of November 9, 2017, PPD Officers Esparza and Lujan (collectively, "the officers"), who were assigned to the SES unit under Bundy's supervision, were patrolling the area of Fair Oaks Avenue ("Fair Oaks") and Woodbury Road ("Woodbury") in Altadena. (See Dkt. 137-2, SUF at D37-D39 & D44; Dkt. 137-4, Exh. B, Esparza Depo. at 67, 71, 97 & 137-38; Dkt. 137-5, Exh. F, Bundy Decl. at ¶¶ 4, 9; Dkt. 137-9, Declaration of Jeffrey Noble [] ("Noble Decl.") at ¶ 3). Lujan was driving the patrol car with Esparza as the passenger. (See Dkt. 137-2, SUF at D48 & D57; Dkt. 137-4, Exh. B, Esparza Depo. at 108-09; id., Exh. C, Lujan Depo. at 112-13).

Ballew, a Black male with no prior convictions and no gang affiliation, was driving south on Fair Oaks. (See Dkt. 137-2, SUF at D48-D50, P48 & P51-P52; Dkt. 137-4, Exh. A, Deposition of Christopher Ballew ("Ballew Depo.") at 147-48, 178, 180 & 186; id., Exh. B, Esparza Depo. at 104; Dkt. 137-7, Exh. Q, Photograph 1 (Ballew Vehicle); id., Exh. R, Photograph 2 (Ballew Vehicle); Dkt. 137-8, Exh. 1, Declaration of Christopher A. Ballew [] ("Ballew Decl.") at ¶ 2). As Lujan drove north on Fair Oaks, Esparza aimed the patrol car's spotlight at Ballew's car as he approached in the oncoming southbound traffic lane. (See Dkt. 137-2, SUF at D55; Dkt. 137-4, Exh. B, Esparza Depo. at 104-05). According to Esparza, it was a "purely random" decision to point the spotlight at Ballew's car, which Esparza did before noticing any potential vehicle code infractions. (See Dkt. 137-2, SUF at P61-P62; Dkt. 137-10, Exh. 4A, Esparza Depo. at 107; Dkt. 137-11, Exh. 5A, File 5 (Dash Cam Clip)).

After Esparza aimed the spotlight at Ballew, Lujan made a U-turn and followed Ballew's car. (See Dkt. 137-2, SUF at D57 & D61; Dkt. 137-4, Exh. B, Esparza Depo. at 110-11; id., Exh. C, Lujan Depo. at 112-13). By the time Lujan caught up to Ballew's car, Ballew was already parked at a Mobil gas station at the northwest corner of Woodbury and Fair Oaks. (See Dkt. 137-2, SUF at D61-D64; Dkt. 137-4, Exh. A, Ballew Depo. at 155, 172, 174-75 & 192-93; id., Exh. B, Esparza Depo. at 110-11; id., Exh. C, Lujan Depo. at 113). Ballew was walking to the gas station's convenience store with a cell phone in one hand, (see Dkt. 137-2, SUF at D80-D81, P9-P10; Dkt. 137-4, Exh. A, Ballew Depo. at 195, 197, 201; id., Exh. B, Esparza Depo. at 151; id., Exh. C, Lujan Depo. at 127; Dkt. 137-8, Exh. 1, Ballew Decl. at ¶¶ 7-8; Dkt. 137-11, Exh. 5A, File 6 (Dash Cam Clip)), when Lujan pulled the patrol car behind Ballew's car and activated the lights on the front windshield. (See Dkt. 137-2, SUF at D66-D67; Dkt. 137-4, Exh. B, Esparza Depo. at 111 & 146; id., Exh. C, Lujan Depo. at 94; Dkt. 137-11, Exh. 5A, File 6 (Dash Cam Clip)). Esparza then got out of the patrol car, approached Ballew, and said, "Hey, come here, Man." (Dkt. 137-2, SUF at D81-D82, P9 & P11; Dkt. 137-4, Exh. A, Ballew Depo. at 195, 197 & 201-02; id., Exh. B, Esparza Depo. at 151; id., Exh. C, Lujan Depo. at 127; Dkt. 137-8, Exh. 1, Ballew Decl. at ¶ 8; Dkt. 137-11, Exh. 5A, File 6 (Dash Cam Clip); id., Exh. 5A, File 7 (Lujan Body Cam Video)). Ballew stopped and turned to face Esparza with his hands at his side. (See Dkt. 137-2, SUF at P12; Dkt. 137-11, Exh. 5A, File 6 (Dash Cam Clip)). Esparza then told Ballew that he was being pulled over — even though Ballew had already parked at the gas station before the officers arrived — for tinted windows. (See Dkt. 137-2, SUF at D53 & P13; Dkt. 137-11, Exh. 5A, File 7 (Lujan Body Cam Clip)). Ballew's car was also missing a front license plate. (See Dkt. 137-2, SUF at D52). These infractions constituted violations of California Vehicle Code §§ 26708 and 5200(a), respectively. (See Dkt. 137-2, SUF at D52 & D54).

After telling Ballew that he had tinted windows,⁴ (Dkt. 137-2, SUF at P13; Dkt. 137-11, Exh. 5A, File 7 (Lujan Body Cam Clip)), Esparza immediately grabbed Ballew's left arm with both hands and began walking him back to the patrol car. (Dkt. 137-2, SUF at D88 & P13; Dkt. 137-4, Exh. A, Ballew Depo. at 220-21; Dkt. 137-11, Exh. 5A, File 7 (Lujan Body Cam Clip)); (Dkt. 137-6, Exh. M, Full Dash Cam Video at 1:02-1:20). Ballew responded, "I wasn't even driving my car, I was getting gas."⁵ (See Dkt. 137-2, SUF at P14, P66; Dkt. 137-8, Exh. 1, Ballew Decl. at ¶¶ 10-11; Dkt. 137-11, Exh. 5A, File 7 (Lujan Body Cam Clip)). From this point, the parties' versions of the incident vary in significant respects.⁶

The officers and Ballew returned to Ballew's car. (See Dkt. 137-2, SUF at D92 & P13; Dkt. 137-4, Exh. A, Ballew Depo. at 220-21; id., Exh. B, Esparza Depo. at 155; Dkt. 137-11, Exh. 5A, File 7 (Lujan Body Cam Clip)). Once back at his car, Ballew began to turn around to face Esparza because he thought the officers were going to discuss the vehicle code infractions with him. (See Dkt. 137-2, SUF at P15; Dkt. 137-8, Exh. 1, Ballew Decl. at ¶ 12; Dkt. 137-11, Exh. 5A, File 8 (Dash Cam Clip)). Esparza, without any warning, then twisted Ballew's left arm behind his back and pushed him against his car. (See Dkt. 137-2, SUF at P16; Dkt. 137-8, Exh. 1, Ballew Decl. at ¶ 12; Dkt. 137-11, Exh. 5A, File 8 (Dash Cam Clip)). Lujan also grabbed Ballew's sweatshirt from behind, applied pressure to ensure that he did not turn around, and told him to "stop acting like a dummy, dude." (Dkt. 137-2, SUF at D98, P17; Dkt. 137-4, Exh. C, Lujan Depo. at 126-27; Dkt. 137-8, Exh. 1, Ballew Decl. at ¶ 12; Dkt. 137-11, Exh. 5A, File 8 (Dash Cam Clip)). When Lujan ordered Ballew to "give me your hand," Ballew said "alright," placed his free right hand on the roof of his car, and set his phone down. (See Dkt. 137-2, SUF at P18; Dkt. 137-11, Exh. 5A, File 9 (Lujan Body Cam Clip)). Lujan briefly took hold of Ballew's right wrist, but then let it go. (See Dkt. 137-2, SUF at P19; Dkt. 137-11, Exh. 5A, File 9 (Lujan Body Cam Clip)).

Esparza and Lujan later claimed that they had decided to conduct a pat-down search, (see Dkt. 137-2, SUF at D89 & D104-D105; Dkt. 137-4, Exh. B, Esparza Depo. at 155, 161 & 189; id., Exh. C, Lujan Depo. at 129, 263), although neither officer informed Ballew that they intended to do so. (See Dkt. 137-2, SUF at P15; Dkt. 137-8, Exh. 1, Ballew Decl. at ¶ 12; Dkt. 137-11, Exh. 5A, File 8 (Dash Cam Clip)). Ballew followed Esparza's order to spread his legs. (See Dkt. 137-2, SUF at D102-D103, P20 & P70(i)⁷; Dkt. 137-4, Exh. A, Ballew Depo. at 231; id., Exh. B, Esparza Depo. at 160; id., Exh. C, Lujan Depo. at 129; Dkt. 137-8, Exh. 1, Ballew Decl. at ¶ 13). The officers then began...