Luna-Diaz v. City of Hackensack Police Dep't

CECILIA LUNA-DIAZ, Administratrix Ad Prosequendum of the Estate of ELVIN DIAZ deceased, et al., Plaintiffs, v. CITY OF HACKENSACK POLICE DEPARTMENT, et al., Defendants.

Civil Action No. 16-3270 (EP) (JSA)

United States District Court, D. New Jersey

December 30, 2022

NOT FOR PUBLICATION

OPINION

Evelyn Padin, U.S.D.J.

On May 21, 2015, Hackensack Police Department (“HPD”) officers entered the home of Elvin Diaz to see why Elvin^[1] had not checked in with his probation officer. The HPD officers' encounter with Elvin, whom they knew to have schizoaffective disorder and previous violent encounters with HPD, ended when HPD officers shot and killed Elvin in his kitchen as he held a meat cleaver. Plaintiffs-Elvin's estate and immediate family members-sued Hackensack, HPD, and individual HPD officers for state and federal civil rights violations and related tort claims. Plaintiffs now move for partial summary judgment on liability, and all Defendants move for summary judgment dismissing Plaintiffs' complaint, including arguments that certain Defendants' liability is precluded by qualified immunity. For the reasons below, the Court will DENY Plaintiffs' motion and GRANT IN PART and DENY IN PART Defendants' motion.

Table of Contents

I. BACKGROUND ..................................................................................3

A. The Parties ..................................................................................3

B. The House ..................................................................................4

C. Probation Officer (“P.O.”) Havens calls Officer Luther about Elvin's missed probation appointments ..................................................................................6

D. HPD Officers respond to the welfare check request and arrive at Elvin's home ..................................................................................7

E. Sergeant Molina arrives first ..................................................................................7

F. Officer Hernandez arrives shortly after Sergeant Molina ..................................................................................8

G. Officers encounter Kelvi and Elvin ..................................................................................9

H. This action ..................................................................................12

II. SUMMARY JUDGMENT STANDARD ..................................................................................14

III. DISCUSSION ..................................................................................15

A. Counts I, II, III, IV, V, VI, and VIII: state and federal civil rights claims 42 U.S.C. § 1983 and N.J.S.A. 10:6-1 (the New Jersey Civil Rights Act (“NJCRA”)) ..................................................................................15

1. The claims will be considered together as Fourth Amendment claims ..................................................................................16

2. There are three distinct Fourth Amendment claims ..................................................................................17

3. Qualified immunity ..................................................................................19

B. Plaintiffs' municipal liability (Monell) claims - Counts II and XIII ..................................................................................35

C. Plaintiffs' respondeat superior claim (Count XIII) will not be dismissed ..................................................................................38

D. Plaintiffs' state improper detention claims (Counts VI and VII) are dismissed ..................................................................................39

E. Plaintiffs withdraw their conspiracy claim (Count XII) ..................................................................................39

F. Defendants are entitled to summary judgment on Plaintiffs' negligence claim (Counts XI and XIV) based on insufficient evidence that Officer Luther was negligent ..................................................................................39

G. Negligent Infliction of Emotional Distress claim (“NIED,” Count IX) ..................................................................................40

H. Intentional Infliction of Emotional Distress (“IIED,” Count X) ..................................................................................42

IV. CONCLUSION ..................................................................................42

I. BACKGROUND^[2]

Unless otherwise noted, all of the relevant events took place on May 21, 2015.

A. The Parties

Plaintiffs are Elvin's immediate family members: Cecilia Luna-Diaz his mother and estate administrator, Kelvi Diaz his brother, and Julian Diaz his father (and Cecilia's ex-husband). Defendants are the City of Hackensack (“Hackensack”), the HPD, HPD Police Officer James Luther,^[3] HPD Sergeant Miguel Molina, and HPD Police Officer Elvin Hernandez.

HPD Officer Gaetano Gallorini was also at the scene during the shooting. HPD Sergeant Francesco Tripodi was at the scene after the shooting.

B. The House

Most of the relevant events occurred at 10 Temple Avenue, Hackensack, New Jersey, where Elvin lived with his family (the “House”). Pls. Supp. Facts ¶ 4. The House was a two-story (plus basement) multifamily home with two separate entries:

(Image Omitted)

Door 2, depicted on the right in an alcove (“Santa's Door”), leads to neighbor Maria Santa's separate first-floor apartment.^[4] Door 1, on the left, (the “Front Door”) leads to a hallway with doors to the basement and Santa's apartment^[5] and a staircase to the second floor, where there were three bedrooms and the kitchen where police shot Elvin:^[6] (Image Omitted)

Pls. Supp. Facts ¶¶ 5-6.

The parties dispute the occupants' exact living arrangements. The parties agree that Santa lived in the first-floor apartment, Cecilia and Kelvi lived on the second floor, and Julian lived in the basement.^[7] Pls. Supp. Facts ¶ 9; Defs. Reply Facts ¶ 9. But the parties dispute where Elvin lived. According to Plaintiffs, Elvin lived in a second-floor bedroom near Cecilia and Kelvi. Pls. Supp. Facts ¶ 5. Defendants, relying on an internal report containing Julian's statement, counter that Elvin lived in one of three basement bedrooms, and that an unknown tenant occupied the third second-floor bedroom. Defs. Reply Facts ¶ 5 (citing Defs. Ex. J, D.E. 125-9 at 10) Kelvi testified that Elvin and Julian lived in a basement bedroom, but that both used the kitchen, bathroom, and living room on the second floor. Kelvi Dep. 161:23-162:3; At the time of Elvin's death, Julian lived in the basement. Pls. Supp. Facts ¶ 8.

Whatever the exact living arrangement, police encountered Kelvi in the second-floor kitchen. To get there, police had to get through the Front Door, to the left of Santa's door:

(Image Omitted)

D.E. 122-1 at 175 (Front Door on the left)

C. Probation Officer (“P.O.”) Havens calls Officer Luther about Elvin's missed probation appointments

Officer Luther was a full-time HPD desk officer. Pls. Facts ¶ 1. HPD had no written policies governing the duties of a desk officer. Id. ¶ 2.

On May 21, 2015, Elvin was serving one year of probation for resisting arrest and aggravated assault upon an HPD police lieutenant on December 10, 2014. Defs. Facts. ¶ 18. P.O. Havens called HPD and informed Officer Luther that Elvin failed to report to probation since April 15, 2015 and requested that HPD conduct a welfare check. Id. ¶ 3. P.O. Havens told Officer Luther that Elvin had “a schizoaffective disorder,” and that HPD was likely “familiar” with Elvin. Id ¶ 4; D.E. 122-1 (Luther Dep.^[8] 19-24).

According to Officer Luther, Elvin was “familiar” and “known” to HPD for not being “fond” of police and a history of “elevated” “interactions” with police, including an incident in which Elvin lit himself on fire and a separate incident in which Plaintiff fought two officers. Pls. Facts ¶¶ 8-9; Luther Dep. 20-24. According to Luther, HPD knew Elvin was “not in a normal frame of mind.. .doesn't have a normal way of thinking.” Pls. Facts ¶ 9; Luther Dep. 33:9-14.

Luther called the police dispatcher to relay P.O. Havens' welfare check request. Luther Dep. 42. Luther did not inform the dispatcher that Elvin had schizoaffective disorder. Id. ¶ 7. A dispatch went out regarding the welfare check. Defs. Facts ¶ 96.

D. HPD Officers respond to the welfare check request and arrive at Elvin's home

In 2015, the HPD performed 252 welfare checks (Exhibit “DD,” City's Answers to Interrogatories, at Response No. 11). Defs. Facts ¶ 50. The Officers who responded to the dispatch here, including Sergeant Molina and Officers Gallorini and Hernandez, all received departmental training on how to interact with persons with mental illness prior to this incident, and were trained to “de-escalate” the situation by listening to the emotionally-disturbed person. Defs. Facts ¶ 51.

E. Sergeant Molina arrives first

On May 21, 2015, Sergeant Molina was assigned as Patrol Sergeant and supervising Patrol Division Officer for the area encompassing the House. Defs. Facts ¶ 95. Molina and Cecilia- who dated until 2012- had been texting that day. Pls. Facts ¶¶ 29-30; Defs. Resp. Facts ¶ 29. When Officer Hernandez was dispatched to the House for a welfare check, Molina went as backup. Pls. Facts ¶ 32. Molina was aware of Elvin's mental health history and his combative history with the HPD, and was “concerned about escalation.” Id.; Defs. Counter Facts ¶ 52. Molina also recalled one of the responding officers advising dispatch and other responding officers to use caution. Id.

According to Kelvi, the Front Door was typically shut, but unlocked. Kelvi Dep....