Favela v. City of Las Cruces Ex rel. Las Cruces Police Dep't

398 F.Supp.3d 858

Ruben O. FAVELA, Plaintiff,

v.CITY OF LAS CRUCES EX REL. LAS CRUCES POLICE DEPARTMENT ; Las Cruces Police Officers Matthew Dollar and Manuel Soto; PHC-Las Cruces, Inc., a New Mexico Corporation, d/b/a Memorial Medical Center; Danielle Wilhelm, M.D.; James Proctor, R.N.; Jamie Pitts, R.N.; Jose Reveles, R.N.; Cassandria Branch, R.N., and John Doe Security Guards 1 and 2, Defendants.

No. CIV 17-0568 JB\SMV

United States District Court, D. New Mexico.

Filed June 27, 2019

Jose R. Coronado, Law Offices of Jose R. Coronado, Las Cruces, New Mexico, Attorney for the Plaintiff

Damian L. Martínez, Haley R. Grant, Holt Mynatt Martínez P.C., Las Cruces, New Mexico, Attorneys for Defendants City of Las Cruces ex rel. Las Cruces Police Department, Matthew Dollar, and Manuel Soto

J. Scott Mann, Kathryn Brack Morrow, Kemp Smith LLP, El Paso, Texas, Attorneys for Defendants PHC-Las Cruces, Inc. d/b/a Memorial Medical Center, James Proctor, Jamie Pitts, Jose Reveles, and Cassandria Branch

MEMORANDUM OPINION ¹

James O. Browning, UNITED STATES DISTRICT JUDGE

THIS MATTER comes before the Court on Defendants[ ] [Matthew Dollar and Manuel Soto's] Motion and Supporting Memorandum for Qualified Immunity and Summary Judgment, filed February 6, 2018 (Doc. 30)("Motion"). The Court held a hearing on July 2, 2018. The primary issue is whether Defendants Matthew Dollar and Manuel Soto are entitled to qualified immunity and summary judgment with respect to: (i) Counts I and IX of the Complaint to Recover Damages for Deprivation of Civil Rights and Personal Injury at 1, filed in state court on May 2, 2017, filed in federal court on May 18, 2017 (Doc. 1-1)("Complaint"), because probable cause supported the traffic stop and subsequent detention, and (ii) the Complaint's Counts II-III and VIII-IX, because neither Dollar nor Soto participated in the catheterization of which Plaintiff Ruben O. Favela complains. Counts I-III and Counts VIII-IX are the only counts that Favela brings against Dollar and Soto. The Court concludes that probable cause supports the traffic stop and subsequent detention, and that neither Dollar nor Soto participated in the catheterization, so they cannot be liable for any harm it caused. Further, the Court concludes that if Soto violated Favela's rights by not stopping the forced catheterization, this right was not clearly established when Soto acted. Accordingly, the Court determines that Dollar and Soto are entitled qualified immunity, because they did not violate Favela's clearly established constitutional rights, and grants the Motion.

FACTUAL BACKGROUND

The Court draws the factual background from the parties' undisputed material facts in the Motion; in the Response to Defendants' Motion and Supporting Memorandum for Qualified Immunity and Summary Judgment, filed March 15, 2018 (Doc. 36)("Response"); and in the Defendants' Reply in Support of Motion and Supporting Memorandum for Qualified Immunity and Summary Judgment, filed March 29, 2018 (Doc. 37)("Reply"). The facts of this case are essentially undisputed. See Response at 2 (not disputing all but one of Dollar and Soto's thirty-nine proffered undisputed material facts); Reply ¶¶ 1-9, at 2 (not disputing the substantive content of any of Favela's twenty-four proffered undisputed material facts).

On April 13, 2016, Dollar, a police officer with the Las Cruces Police Department ("LCPD"), observed Favela riding his motorcycle at approximately ninety miles an hour through an intersection that had a posted speed limit of thirty-five miles an hour. See Motion ¶¶ 1-2, at 4 (setting forth this fact)(citing Affidavit of Matthew Dollar ¶¶ 3-7, at 1-2 (dated February 1, 2018), filed February 6, 2018 (Doc. 30-1)("Dollar Aff.")); Response at 2 (not disputing this fact). Upon seeing Favela, Dollar activated the emergency lights on his police unit and pursued Favela for a distance, pacing Favela at approximately seventy-five miles an hour. See Motion ¶¶ 3-4, at 4 (setting forth this fact)(citing Dollar Aff. ¶¶ 8-9, at 2); Response at 2 (not disputing this fact). Favela eventually slowed after Dollar activated the sirens on his police unit, but did not stop for another nine blocks, at which point Favela made a sharp U-turn and stopped his motorcycle on a city sidewalk in a position directly in front of Dollar's police unit. See Motion ¶¶ 4-5, at 4 (setting forth this fact)(citing Dollar Aff. ¶¶ 9-10, at 2); Response at 2 (not disputing this fact). Dollar informed dispatch of his location, requested back up, and parked his police unit in front of Favela, who had not yet dismounted his motorcycle nor shut off its power. See Motion ¶¶ 6-8, at 4 (setting forth this fact)(citing Dollar Aff. ¶¶ 11-15, at 2); Response at 2 (not disputing this fact). Dollar then exited his police unit with his sidearm drawn and ordered Favela to cut the power to his motorcycle. See Motion ¶ 8, at 4 (setting forth this fact)(citing Dollar Aff. ¶¶ 13-15, at 2); Response at 2 (not disputing this fact). After revving his motorcycle engine, Favela complied, at which point Dollar holstered his sidearm. See Motion ¶ 8, at 4 (setting forth this fact)(citing Dollar Aff. ¶¶ 13-15, at 2); Response at 2 (not disputing this fact).

After Favela had shut off the power to this motorcycle, Dollar activated his lapel footage. See Motion ¶ 9, at 5 (setting forth this fact)(citing Dollar Aff. ¶¶ 5,16, at 2; Matthew Dollar Lapel Video 1 at 00:35-00:40 (dated April 13, 2016), filed February 6, 2018 (Doc. 30-1)("Dollar Video 1")); Response at 2 (not disputing this fact). As Favela was dismounting his motorcycle, Dollar noticed what he believed to be a handgun protruding from underneath Favela's jacket. See Motion ¶¶ 10, 15, at 5 (setting forth this fact)(citing Dollar Aff. ¶¶ 17, 22, at 2-3; Dollar Video 1 at 03:45-04:00, 01:30-01:35); Response at 2 (not disputing this fact). Upon seeing the weapon, Dollar ordered Favela to turn around so Dollar could pat him down. See Motion ¶ 11, at 5 (setting forth this fact)(citing Dollar Aff. ¶¶ 18 at 3; Dollar Video 1 at 00:35-00:40); Response at 2 (not disputing this fact). Dollar eventually threatened to taser Favela before Dollar was able to pat down Favela. See Motion ¶¶ 11-13, at 5 (setting forth this fact)(citing Dollar Aff. ¶¶ 18-20, at 3; Dollar Video 1 at 00:30-00:45, 00:40-01:00); Response at 2 (not disputing this fact). Dollar then secured the handgun on Favela's person and placed Favela in handcuffs. See Motion ¶¶ 13-15, at 5 (setting forth this fact)(citing Dollar Aff. ¶¶ 20- 22, at 3; Dollar Video 1 at 00:40-01:00, 01:15-01:20, 01:30-01:35); Response at 2 (not disputing this fact). During this time, Favela began sweating profusely in a manner that indicated to Dollar that Favela was under the influence of an intoxicating substance. See Motion ¶ 16, at 5 (setting forth this fact)(citing Dollar Aff. ¶ 23, at 3; Dollar Video 1 at 01:50-1:55); Response at 2 (not disputing this fact). Dollar then placed a handcuffed Favela in the back of his police unit. See Motion ¶ 17, at 5 (setting forth this fact)(citing Dollar Video 1 at 01:50-01:55); Response at 2 (not disputing this fact).

Once in the back of Dollar's police unit, Favela began to express that he was hot and felt that he may pass out. See Motion ¶ 19, at 6 (setting forth this fact)(citing Dollar Aff. ¶ 25, at 3; Dollar Video 1 at 03:30-05:10); Response at 2 (not disputing this fact). Favela repeatedly requested that Dollar take off Favela's jacket and neckband. See Motion ¶ 19, at 6 (setting forth this fact)(citing Dollar Aff. ¶ 25, at 3; Dollar Video 1 at 03:30-05:10); Response at 2 (not disputing this fact). After waiting for backup to arrive, Dollar removed Favela's neckband and opened the door of the police unit for Favela. See Motion ¶ 21, at 6 (setting forth this fact)(citing Dollar Aff. ¶ 26, at 3; Dollar Video 1 at 05:20-06:45); Response at 2 (not disputing this fact). Dollar then attempted to read Favela his Miranda ² rights; Favela, however, passed out in the back of Dollar's police unit as his Miranda rights were read to him. See Motion ¶¶ 22-23, at 6 (setting forth this fact)(citing Dollar Aff. ¶ 27-29, at 3; Dollar Video 1 at 07:10-07:45, 08:00-08:15); Response at 2 (not disputing this fact). At this point, other officers at the scene contacted emergency services to tend to Favela. See Motion ¶ 23, at 6 (setting forth this fact)(citing Dollar Aff. ¶¶ 28-29, at 3; Dollar Video 1 at 08:00-08:15); Response at 2 (not disputing this fact). Officers removed Favela from the back of Dollar's police unit and laid Favela on the sidewalk while waiting for emergency services. See Motion ¶ 25, at 6 (setting forth this fact)(citing Dollar Aff. ¶ 30, at 4; Dollar Video 1 at 10:20-10:45); Response at 2 (not disputing this fact). Favela faded in and out of consciousness while being moved from the police unit to the sidewalk. See Motion ¶ 25, at 6 (setting forth this fact)(citing Dollar Aff. ¶ 30, at 4; Dollar Video 1 at 10:20-10:45); Response at 2 (not disputing this fact).

While the officers were waiting for emergency personnel, Dollar requested that dispatch run a "Triple-I check"³ on Favela to determine whether Favela had any warrants. Motion ¶ 24, at 6 (setting forth this fact)(citing Dollar Aff. ¶ 30, at 4; Dollar Video 1 at 13:10-13:50). See Response at 2 (not disputing this fact). While waiting for this information from dispatch, Dollar informed other officers at the scene that Favela would be under arrest regardless what dispatch informed, because Favela had concealed a firearm without a permit. See Motion ¶ 27, at 7 (setting forth this fact)(citing Dollar Aff. ¶ 31, at 4; Dollar Video 1 at 16:20-16:20); Response at 2 (not disputing this fact). Dispatch then informed Dollar that Favela had a previous felony conviction for shooting from a vehicle. See Motion ¶ 26, at 7 (setting forth this fact)(citing Dollar Aff. ¶¶ 30-32; Dollar Video 1 at 17:15-17:25; Response at 2 (not disputing this fact).

Once emergency...