Hodge v. Bartram

559 F.Supp.3d 1183

Karina HODGE, Plaintiff,

v.Jeffrey BARTRAM, Manuel Gonzales III in his individual capacity, Board of County Commissioners for the County of Bernalillo, Defendants.

No. 1:20-cv-01212-WJ-JHR

United States District Court, D. New Mexico.

Filed September 13, 2021

Carolyn M. Nichols, Kate S. Thompson, Rothstein Donatelli LLP, Albuquerque, NM, for Plaintiff.

Taylor Sauer Rahn, Robles, Rael & Anaya, P.C., Albuquerque, NM, for Defendants.

MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT ON THE BASIS OF QUALIFIED IMMUNITY

WILLIAM P. JOHNSON, CHIEF UNITED STATES DISTRICT JUDGE

THIS MATTER comes before the Court upon Defendants Jeffrey Bartram, Manuel Gonzales III, and the Board of County Commissioners for the County of Bernalillo's (collectively, the "Defendants") Motion for Summary Judgment on the Basis of Qualified Immunity. Plaintiff Karina Hodge ("Ms. Hodge") responded, and this matter is now ripe for ruling. See Doc. 36 (Response); Doc. 46 (Reply); and Doc. 48 (Notice of Briefing Complete). The Court finds that the Motion is well-taken in its request for dismissal of Claims I (unlawful seizure), III (First Amendment), IV (false/arrest imprisonment), V (First Amendment and Fourth Amendment unlawful seizure), and VI (false arrest/imprisonment) and, therefore, it is GRANTED IN PART. The Court finds that the Motion is not well-taken in its request for dismissal of Claims II (excessive force), IV (battery), V (Fourth Amendment excessive force), and VI (battery) and, therefore, it is DENIED IN PART.

BACKGROUND

I. Undisputed Material Facts¹

Just after midnight on October 20, 2018, Ms. Hodge left a restaurant located in a shopping center at Spain Road and Eubank Boulevard in Albuquerque, New Mexico. DMF ¶ 6. As she was leaving the shopping center's parking lot, Ms. Hodge turned northbound on Eubank. PSF ¶ 79P. The Parties dispute whether Ms. Hodge failed to stop at a posted stop sign before making her turn, but it is undisputed that Bernalillo County Sheriff's Office ("BCSO") Deputy Jeffrey Bartram ("Deputy Bartram") began following Ms. Hodge as she continued driving north on Eubank. DMF ¶ 7, PSF ¶ 79Q. That night, Deputy Bartram was working as patrol for the Field Services Division of BCSO and was assigned to the DUI unit. DMF ¶ 1. Deputy Bartram was wearing his uniform which consisted of green pants and a tan shirt with a badge and two shoulder patches indicating his status as a BCSO officer. Id. ¶¶ 2–3. Deputy Bartram was driving a black Ford Explorer with decals on either side reading "Sheriff's Department." Id. ¶ 4.² The vehicle was also equipped with red and blue emergency lights integrated into the windshield and front bumper. DMF ¶ 5, PSF ¶ 5a.

As Deputy Bartram followed Ms. Hodge, she allegedly crossed a yellow line on the left side of the road. Whether any traffic infractions occurred that night is vigorously disputed. The parties do agree that, at this point, Deputy Bartram engaged his emergency lights and initiated a traffic stop. DMF ¶ 9. Ms. Hodge pulled over into a parking lot, and Deputy Bartram approached her vehicle on the passenger side. Id. 10–11, PSF ¶ 79R. Deputy Bartram stated, "Hello, how are you? Do you have a driver's license on you?" DMF ¶ 12. Ms. Hodge answered by stating, "Yes, and are you asking or demanding for it?" Id. ¶ 14. Deputy Bartram responded, "Yes, may I see it please?" Id. ¶ 16. Ms. Hodge stated, "You are? You do know it's illegal to demand something? Why did you stop me?" Id. ¶ 17. Deputy Bartram asked again, "May I see your driver's license please?" Id. ¶ 18. Ms. Hodge asked again, "Why did you stop me?" Id. ¶ 19. Deputy Bartram then stated to Ms. Hodge, "When you pulled onto Eubank, you didn't come to a complete stop and then as you were driving on Eubank ... you failed to maintain your lane of traffic." Id. ¶ 20. Plaintiff responded by stating "You're lying." Id. ¶ 21. Deputy Bartram again asked for Plaintiff's driver's license, and instead of complying with his request, she stated "No you can't, and I'm calling 911." Id. ¶¶ 24–23. Defendants do not contest Ms. Hodge's assertion that she felt uncomfortable being alone with Deputy Bartram. PSF ¶ 23b.

At this point, Deputy Bartram called for backup. DMF ¶ 24. He then walked around to the driver's side of Ms. Hodge's vehicle and attempted to ask her several questions. Id. ¶25–26. Ms. Hodge did not answer Deputy Bartram's questions, but claims that this was due to fact that she was calling 911 to report Deputy Bartram's behavior to a dispatcher. Deputy Bartram asked Ms. Hodge twice more to provide her driver's license and then stated, "I am demanding that you give me your ID." Id. ¶¶ 27–28. Ms. Hodge responded, "That is an unlawful order." Id. ¶ 29. Deputy Bartram retorted, "No, it's a lawful order ma'am" and explained to Ms. Hodge, "My name is Deputy Bartram, I work with the Bernalillo County Sheriff's Office." Id. ¶¶ 30–31. Ms. Hodge does not dispute the Deputy Bartram made these statements, but she argues that she was unable to hear them because she was distracted by her ongoing conversation with the 911 dispatcher. Deputy Bartram once again requested Ms. Hodge's driver's license, but she ignored this request and continued to speak into her cell phone. Id. ¶¶ 32–33.

Deputy Bartram decided to remove Ms. Hodge from her vehicle because he was concerned that she was impaired by alcohol.³ Id. ¶¶ 36–37. Deputy Bartram stated, "This is the Bernalillo County Sheriff's Department, ma'am" and again asked to see Ms. Hodge's driver's license. Id. ¶ 39. Deputy Bartram then opened Ms. Hodge's door as she continued to speak with the 911 dispatcher on her cell phone, telling the dispatcher that an officer was being hostile and had just opened her car door. Id. ¶¶ 40–41, PSF ¶¶ 41a–41b. Deputy Bartram instructed Ms. Hodge to "step out of the vehicle." DMF ¶ 42. Ms. Hodge made no movement to step out of the vehicle and remained on her cell phone. Id. ¶ 43. Deputy Bartram again asked Ms. Hodge, still on her cell phone, to step out of the vehicle and again stated he worked for BCSO. Id. ¶ 44. Deputy Bartram then stated, "I am demanding you give me your driver's license ... this is a lawful order." Id. ¶¶ 45–46. Deputy Bartram gave Ms. Hodge six additional commands to exit her vehicle. Id. ¶ 47. He then attempted to look in the vehicle to determine whether there were any weapons near Ms. Hodge and to ascertain where her keys were located.

Id. ¶ 49. Deputy Bartram leaned into the vehicle and grabbed Ms. Hodge's wrists. Id. ¶¶ 50–51. In response to this, Ms. Hodge stated, "You better stop it buddy." Id. ¶ 52. She immediately leaned away from Deputy Bartram and pulled her arms away. Id. ¶ 53. Deputy Bartram again asked Ms. Hodge to step out of the vehicle. Id. ¶ 54. Ms. Hodge has testified that she was afraid to leave her vehicle. PSF ¶ 54a. Deputy Bartram again informed Ms. Hodge that he was giving her a lawful order. DMF ¶ 55. Ms. Hodge responded by stating to Deputy Bartram that his actions were illegal. PSF ¶ 55a.

Deputy Bartram holstered his flashlight and attempted to remove Ms. Hodge from the vehicle. DMF ¶ 56. Ms. Hodge pulled away from Deputy Bartram, who continued to ask Ms. Hodge to step out of the vehicle. Id. ¶ 57–58. Ms. Hodge restrained herself to prevent Deputy Bartram from taking her out of the vehicle. Id. ¶ 59. Deputy Bartram was able to remove Ms. Hodge from the vehicle and she ultimately ended up on the ground. Id. ¶ 60 Once on the ground, Ms. Hodge curled up with her knees towards her chest and she kept "squirming" around to get into a different position while on the ground. Id. ¶ 61. Ms. Hodge was still attempting to communicate with the 911 dispatcher at this point. PSF ¶ 61b.

Deputy Bartram was able to gain control of Ms. Hodge's left hand, but her right hand was underneath her body. DMF ¶ 64. While Deputy Bartram was attempting to gain control of Ms. Hodge's right hand, Deputy Bartram spun Ms. Hodge around on her side and she landed with her right arm under her body. Id. ¶ 65–66. Deputy Bartram sat on top of Ms. Hodge to push her legs straight so he could handcuff her. Id. ¶ 67. He used a pain compliance hold to push Ms. Hodge's hands together to place her in handcuffs. Id. ¶ 69. Ms. Hodge sustained injury and lacerations to her right knee and elbow. PSF ¶ 79AA. She also sustained injuries to her neck and shoulders. Id. ¶ 79BB.

At the time of the traffic stop, Ms. Hodge was 59 years old and 5’1" in height, weighing approximately 120 pounds; in other words, her stature and weight was significantly less than the stature and weight of Deputy Bartram. Id. ¶ 79A–79C. One minute and twenty-one seconds passed between when Deputy Bartram made his first contact with Ms. Hodge and when he first asked her to step out of the vehicle. Then fifty-six seconds passed between when Deputy Bartram first asked Ms. Hodge to step out of the vehicle and when he began to pull Ms. Hodge out of the vehicle. Thus, the entire encounter, from the first contact to Deputy Bartram placing Ms. Hodge in handcuffs, lasted three minutes and forty-six seconds. Id. ¶ 79DD–79FF.

As a result of this encounter, Ms. Hodge was charged with: aggravated DUI; failure to maintain lane; failure to stop from a private drive; concealing ID; and resisting, evading, and obstructing an officer. DMF ¶ 71. During the proceedings in her criminal case, Ms. Hodge filed a Motion to Suppress for Lack of Reasonable Suspicion and Probable Cause, which argued that Deputy Bartram did not have reasonable suspicion to stop her vehicle and did not have probable cause to arrest her. Id. ¶ 72–74; see also Doc. 36 at 19 & Doc. 46 at 9. On May 20, 2019, the Bernalillo County Metropolitan Court held a hearing on Ms. Hodge's motion to suppress. Id. ¶ 75. Ms. Hodge was represented by counsel. Id. ¶ 76. At the conclusion of the hearing, the Metropolitan Court found there was both reasonable suspicion to support the traffic stop as...