Estate of Casillas v. City of Fresno

342 F.Supp.3d 990

ESTATE OF Casimero CASILLAS, et al., Plaintiffs

v.CITY OF FRESNO, et al., Defendants

Case No. 1:16-CV-1042 AWI-SAB

United States District Court, E.D. California.

Signed October 23, 2018

Dale K. Galipo, Eric Valenzuela, Law Offices of Dale K. Galipo, Woodland Hills, CA, Jeffrey William Eisinger, Law Office of William Schmidt, William L. Schmidt, Attorney at Law, Fresno, CA, for Plaintiffs.

Bruce Daniel Praet, Ferguson Praet and Sherman, Santa Ana, CA, for Defendants.

ORDER ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

(Doc. No. 21)

Anthony W. Ishii, SENIOR DISTRICT JUDGE

In the fall of 2015, Casimero Casillas was shot and killed by Officer Trevor Shipman of the Fresno Police Department as Casillas attempted to evade arrest. Plaintiffs, Casillas's wife and five minor children, allege claims of excessive force under the Fourth Amendment and the Bane Act, Wrongful Death Negligence, and Battery against Officer Shipman and the City of Fresno.

At the close of non-expert discovery, Defendants moved for summary judgment, contending: (I) Officer Shipman's use of force was objectively reasonable, and he is entitled to qualified immunity on the excessive force claim; (II) Plaintiffs' have failed to meet the "purpose to harm" standard required for a substantive due process claim; and (III) Plaintiffs' pendent state law claims fail in the absence of a constitutional violation.

For the reasons that follow, the Court will:

(I) Deny Defendants' motion for summary judgment on the Fourth Amendment excessive force claim, and deny qualified immunity for Officer Shipman;

(II) Grant Defendants' motion for summary judgment on the Fourteenth Amendment deprivation of familial relationship claim; and

(III) Deny Defendants' motion for summary judgment on Plaintiffs' pendent state law claims of battery, wrongful death negligence, and interference with federal or state rights under the Bane Act.

Background ¹

On September 7, 2015, officers with the Fresno Police Department attempted a traffic stop of a vehicle driven by Casimero Casillas ("Casillas") for failure to wear a seatbelt. Doc. No. 21-1 at ¶¶ 1, 9 (Statement of Facts); 23-4 at 100-135 (Ex. C, Interview with Officer Castillo). Casillas failed to yield, continuing to drive while obeying "all traffic laws." See id.

After a short vehicle pursuit, Casillas arrived at his friends' home (the "Saginaw Residence"), parked his car and ran inside. Doc. No. 21-1 at ¶ 10. Officers set up a perimeter and dispatched K-9 units to search for him. Id. at ¶¶ 16-17. Officer Shipman was posted in an area between the main residence and garage (the "Breezeway"). Id. at ¶ 3. At some point, Casillas attempted to hide in the detached Apartment behind the main residence. Id. at ¶ 17; see also Doc. 23-3 (Ex. B, the "Scene Diagram") (below).

Officers radioed that Casillas had been spotted somewhere in the back yard. Doc. No. 21-1 at ¶ 17. Multiple officers, including K-9 units, moved to that area in search of Casillas, and warned him that the K-9 units would bite. Id. at ¶¶ 18-19. Casillas exited the Apartment carrying a pipe, which he held pointed at the ground. Doc. No. 22-5 at 205-206 (Ex. E, Interview of Officer Long); 22-6 at 202-213 (Ex. F, Interview of Officer Wright). Casillas saw Officer Long, walked slowly north, saw Officer Wright, and walked slowly into the Breezeway where Officer Shipman was stationed. See id. Casillas continued moving slowly toward the opposite door of the Breezeway, and did not raise the pipe in an assaultive manner as he moved through. See id.; see also Doc. No. 23-2 at ¶ 11 (Ex. A, Decl. of William Harmening). Officer Shipman fired three shots at Casillas, felling and ultimately killing him. Doc. No. 21-1 at ¶ 8. Officer Shipman gave no verbal warning to Casillas, and declined to use his Taser or other less-deadly force to prevent Casillas's escape. Doc. No. 23-2 at ¶¶ 11-12; Doc 22-10 at 335-337; see also Doc. Nos. 22-5 and 22-6.

Plaintiffs brought suit on behalf of themselves and Casillas's estate, claiming excessive force and loss of familial relations under 42 U.S.C. § 1983, excessive force under Cal. Civ. Code § 52.1, battery, and wrongful death negligence. See Doc. No. 5 (the "1AC"). At the close of non-expert discovery, Defendants moved for summary judgment on these claims. See Doc. No. 21.

Legal Standard for Summary Judgment

Summary judgment is proper when no genuine issue as to any material fact exists, entitling the moving party to judgment as a matter of law. Rule 56.² A dispute is "genuine" if there is sufficient evidence for a reasonable jury to return a verdict for the non-moving party. FreecycleSunnyvale v. Freecycle Network, 626 F.3d 509, 514 (9th Cir. 2010) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) ). A fact is "material" if it might affect the outcome of the suit under the governing law. United States v. Kapp, 564 F.3d 1103, 1114 (9th Cir. 2009).

The party seeking summary judgment bears the initial burden of informing the court of the legal basis for its motion and of identifying the portions of the declarations, pleadings, and discovery that demonstrate an absence of a genuine issue of material fact. Soremekun v. Thrifty Payless, Inc., 509 F.3d 978, 984 (9th Cir. 2007) (citing Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) ). Where the moving party will bear the burden of proof on an issue at trial, the movant must affirmatively demonstrate that no reasonable trier of fact could find other than for the movant. Id. Where the moving party will not bear the burden of proof on an issue at trial, the movant may prevail by "merely by pointing out that there is an absence of evidence to support the nonmoving party's case." Id. If a moving party fails to carry its burden of production, then "the non-moving party has no obligation to produce anything, even if the non-moving party would have the ultimate burden of persuasion." Nissan Fire & Marine Ins. Co. v. Fritz Cos., 210 F.3d 1099, 1102-03 (9th Cir. 2000) (citing Adickes v. S.H. Kress & Co., 398 U.S. 144, 160, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970) ).

If the moving party meets its initial burden, the opposing party must then establish that a genuine issue as to any material fact exists. Id. at 1103. The opposing party cannot rest upon the mere allegations or denials of its pleading, but must instead produce evidence that sets forth specific facts showing a genuine issue still exists. Estate of Tucker v. Interscope Records, 515 F.3d 1019, 1030 (9th Cir. 2008) (quoting Anderson, 477 U.S. at 248, 106 S.Ct. 2505 ). The opposing party's evidence is to be believed, and all justifiable inferences that may be drawn from the facts placed before the court must be drawn in the opposing party's favor. Anderson, 477 U.S. at 255, 106 S.Ct. 2505 ; Narayan v. EGL, Inc., 616 F.3d 895, 899 (9th Cir. 2010). While a "justifiable inference" need not be the most likely or the most persuasive inference, it must still be rational or reasonable. Id. The parties have the obligation to identify material facts; the court is not required to scour the record in search of a genuine disputed material fact. Simmons v. Navajo Cnty., 609 F.3d 1011, 1017 (9th Cir. 2010). A party's "conclusory statement that there is a genuine issue of material fact, without evidentiary support, is insufficient to withstand summary judgment." Bryant v. Adventist Health Sys./W., 289 F.3d 1162, 1167 (9th Cir. 2002). Further, a "motion for summary judgment may not be defeated ... by evidence that is merely colorable or is not significantly probative." Anderson, 477 U.S. at 249-50, 106 S.Ct. 2505 ; Addisu v. Fred Meyer, Inc., 198 F.3d 1130, 1134 (9th Cir. 2000).

Fundamentally, summary judgment may not be granted "where divergent ultimate inferences may reasonably be drawn from the undisputed facts." Fresno Motors, LLC v. Mercedes Benz USA, LLC, 771 F.3d 1119, 1125 (9th Cir. 2014).

I. Excessive Force under the Fourth AmendmentParties' Arguments

Defendants argue Officer Shipman's use of force was objectively reasonable under the circumstances. They contend Casillas was actively evading arrest when driving—by running intersections and almost causing traffic collisions, and on foot at the Saginaw Residence—by actively ignoring multiple commands to surrender. They also contend that when Casillas entered the Breezeway and charged at Officer Shipman, metal pipe in hand, he posed an immediate threat to Officer Shipman's safety. Thus, Defendants argue Officer Shipman acted reasonably in shooting and ultimately killing Casillas. Defendants therefore maintain Officer Shipman either did not violate Casillas's Fourth Amendment right, or is entitled to qualified immunity.

Plaintiffs contend genuine issues of material facts still exist concerning Casillas's encounter with Fresno Police Officers. Plaintiffs point to numerous portions of the record that demonstrate Officer Shipman's account of the shooting is questionable. Plaintiffs also point to their expert's review of the events, which they contend demonstrates a reasonable alternative to Defendants' version of the events. Through this evidence, Plaintiffs aim to demonstrate that Casillas did not pose an immediate threat to Officer Shipman, and so any use of deadly force was unreasonable. Thus, Plaintiffs maintain a reasonable jury could still find Officer Shipman violated Casillas's Fourth Amendment right. Plaintiffs also point to numerous cases where the Ninth Circuit has deemed the use of deadly force in absence of an immediate threat to be excessive, and so Officer Shipman is not entitled to qualified immunity.

Analysis

To state a claim under § 1983, a plaintiff must both (1) allege the deprivation of a right secured by the federal Constitution or statutory law, and (2) allege that the deprivation was committed by a person acting under color of state law. West v. Atkins, 487 U.S. 42, 48, 108 S.Ct. 2250, 101 L.Ed.2d 40 (1988) ; Anderson v....