Luna v. City of Round Rock

1

JOSE VICTOR LUNA, Plaintiff v. CITY OF ROUND ROCK, ROUND ROCK POLICE DEPARTMENT, ALLEN BANKS, WILLIE RICHARDS, JIM STUART, ANDY MCKINNEY, JUSTIN CARMICHAEL, BEN B. JOHNSON, JOHNATHAN A. MINER, SHELBY A. INGLES, NATHAN J. ZOSS, KASHEALA L. MAY, MICHAEL A. CARTER, TRACEY L. COLE, MARC A. MCCALISTER, and VERNON A. ROSSING, Defendants

No. 1:21-CV-00170-RP-SH

United States District Court, W.D. Texas, Austin Division

September 26, 2022

REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

SUSAN HIGHTOWER UNITED STATES MAGISTRATE JUDGE

TO: THE HONORABLE ROBERT PITMAN UNITED STATES DISTRICT JUDGE

Before the Court are The City of Round Rock's Motion for Summary Judgment, filed April 5, 2022 (Dkt. 19), and The Round Rock Officers' Motion for Summary Judgment, filed April 8 2022 (Dkt. 20). Plaintiff did not file briefs in response. The District Court referred this case to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1), Federal Rule of Civil Procedure 72, Rule 1 of Appendix C to the Local Rules of the United States District Court for the Western District of Texas, and the Court Docket Management Standing Order.

I. Background

The following factual summary incorporates allegations set forth in Luna's Incident Reports (Dkts. 6-8), as well as his Complaint. See Haines v. Kerner, 404 U.S. 519 520-21 (1972) (instructing that pro se complaints are to be liberally construed).

On September 5, 2019,^[1] Plaintiff Jose Victor Luna was pulled over by police while driving on Interstate 35 in Round Rock Texas. Dkt. 8 (Plaintiff's Incident Report) at 1. Defendant Officer Jonathan Miner executed the traffic stop ultimately, with assistance from seven Round Rock Police Officers.^[2] Id. at 4. The traffic stop was recorded the dashboard cameras on Miner's vehicle (Dkt. 20-5) and the body cameras of Miner, Officer Vernon Rossig, and Sergeant Nathan Zoss (Dkts. 20-6, 20-7, 20-9). The recordings were taken at night, but the area generally is visible in the videos due to the light from the officers' vehicles.

Luna was driving South on Interstate 35 at approximately 10 p.m. when he allegedly observed a marked Round Rock Police Department vehicle to the right of his car. Luna alleges that the vehicle began to “match the speed of [his] vehicle . . . in an attempt to verify the speed of [his] vehicle.” Dkt. 8 at 1. The vehicle then maneuvered behind Luna and Miner “activated the radar speed measuring device in his vehicle to get the estimated speed of [Luna's] vehicle in an effort to establish a reason to stop [his] vehicle.” Id. After “that attempt failed,” Luna alleges, Miner conducted a check of his license plate, providing information as to his identity. Id. at 1-2. Luna alleges that Miner drove “closely” behind his car - a “duressful police tactic” - but Luna “maintained a safe and prudent speed, while safely and gradually maneuvering his vehicle” into an adjacent lane. Id. at 2. After he drove into the Round Rock city limits, Luna alleges, “Officer Miner's patrol vehicle, abruptly and aggressively increase in speed, closing the distance of [their] vehicles, and maneuvered his police vehicle immediately behind [Luna's] vehicle and activate[d] his overhead red and blue police lights.” Id.

The dashboard camera video captured the thirty seconds before Miner initiated the traffic stop.^[3] The video shows Luna's car veering toward the right-hand lane, driving close to and on top of the lane marker to the right of his vehicle. Dkt. 20-5 (Vehicle Dash Camera Video of Officer Jonathan Miner) at 00:17-00:27. When Miner activated his siren to initiate the traffic stop, Luna immediately pulled onto the highway shoulder and stopped his car. Id. at 00:30-00:43. Miner instructed Luna to take the nearest exit and Luna complied by pulling over his car next to Exit 251. Id. at 00:45-01:45.

Miner's body camera captures his initial interaction with Luna. Miner can be heard asking Luna for his driver's license and informing him that he was pulled over for failure to maintain his lane, to which Luna responds: “No, that's a lie.” Dkt. 20-6 (Body-Worn Camera Video of Officer Jonathan Miner) at 00:01-00:10. Luna then identifies himself as a retired deputy sheriff and says: “I am not here to play these games.” Id. at 00:10-00:16. Miner again asks Luna to provide his driver's license, to which Luna responds: “No, I did not commit an infraction.” Id. at 00:15-00:21. Luna repeats this, then tells Miner to call his supervisor. Id. at 00:22-00:39. Miner can be heard requesting Luna's driver's license and insurance again. Id. at 00:50-1:00. No response can be heard on the video, and Miner requests a supervisor. Id. at 1:00-1:28.

Approximately four minutes later, three uniformed officers are seen approaching the driver's side of Luna's car.^[4] Dkt. 20-5 (Vehicle Dash Camera Video of Officer Jonathan Miner) at 08:32. Miner can be heard requesting Luna's driver's license and insurance, to which Luna responds: “Am I free to go?” Dkt 20-7 (Body-Worn Camera Video of Officer Vernon Rossig) at 2:05-2:10.

Miner states that Luna is not free to go. Id. at 2:10. Luna then asks that Miner show him the video of his infraction. Id. at 2:25-2:30. Miner responds that Luna “went around all three cars into the fast lane and back over to the right-hand lane.” Id. at 2:32-35. Luna then says that he used his signal, to which Miner replies: “I never said you didn't.” Id. at 2:32-2:36. Another officer says that Luna also has an obscured license plate, to which Luna responds: “That's different.” Id. at 2:42-2:247. Luna says: “There has to be a justifiable stop.” Id. at 3:00-3:02. Sergeant Zoss instructs Luna to step out of the vehicle. Dkt. 20-9 (Body-Worn Camera Video of Sergeant Nathan Zoss), at 2:47-2:51. When Luna indicates he will not step out of his car, Zoss tells him that he is going to be arrested. Id. at 2:51-3:04. Zoss walks away from the car, and on return, tells Luna that he must provide his name, date of birth, and address, and step out of the vehicle or he will be arrested. Id. at 4:50-5:08. Luna does not do so, and Zoss informs Luna that he is under arrest. Id. at 5:15-5:19.

Zoss reaches inside the driver's side window to unlock the car door and opens the door to Luna's vehicle. Dkt. 20-7 at 5:40-5:48. With the door open, Zoss asks Luna to step out of the car and tells him again that he is under arrest. Id. at 5:45-5:55. Luna is sitting in the driver's seat facing forwards. Id. Rossig tells Luna to “give me your left arm” and holds on to Luna's wrist as Luna steps out of his car. Dkt. 20-6 at 10:20-10:26. Rossig handcuffs Luna while Zoss has a hand on Luna's shoulder. Dkt. 20-7 at 6:00-6:25.

The video shows Rossig directing Luna from behind to walk towards one of the police cars, then saying: “Stop right here” and adjusting Luna's handcuffs. Dkt. 20-7 at 6:35-6:42. Although difficult to see on the video, Rossig then frisks Luna before placing him into the vehicle. Dkts. 20-5 at 11:24-11:35; 20-7 at 6:50-7:02.

Luna alleges that a “physical search of my person was illegally conducted without my consent and without probable cause .... The officer, who conducted the search of my person, removed my brown wallet from my right front pocket, which included my legal, valid driver's license.” Dkt. 8 at 5. Luna's brother, who was a passenger in the car, was briefly interviewed by the officers at the scene and released. Dkt. 20-7 at 7:50-14:50.

Luna was taken to the Round Rock Police Department and placed in a temporary holding cells. Dkt. 8 at 5. While in the holding cell, Luna alleges that the handcuffs were “still tightly secured to my wrists, cutting the circulation, causing me to lose sensation in both my fingers, hands and arms.” Id. He further alleges that he “began to experience severe back spasms, started to feel uncomfortably warm and lightheaded, dizzy and weak with heart palpitations and chest pains.” Id. After notifying a jail employee, Luna was transported to a hospital, where he underwent “a series of medical procedures” and then was transported by Miner to Williamson County Jail. Id. Luna alleges that he was strip-searched and “endured twelve (12) more hours confined within a cramped, overpopulated cell, without my necessary Multiple Sclerosis medication.” Id. at 6. Luna asserts that his bail “was unlawfully set at $2,500.” Id.

On February 22, 2021, Luna, who is proceeding pro se, filed this lawsuit under 42 U.S.C. § 1983 against the City of Round Rock (“the City”), the Round Rock Police Department, Chief of Police Allen Banks, and thirteen other officers (collectively, the “Individual Defendants”), alleging violations of his First, Second, Fourth, Fifth, Sixth, Seventh, Eighth, and Fourteenth Amendment rights. Luna seeks compensatory damages of $4.4 million. Dkt. 1. at 7. The City of Round Rock and the Individual Defendants now move for summary judgment.

II. Legal Standards

In determining the motions for summary judgment, the Court applies the following legal standards.

A. Summary Judgment

Summary judgment shall be rendered when the pleadings, the discovery and disclosure materials, and any affidavits on file show that there is no genuine dispute as to any material fact and that the moving party is entitled to judgment as a matter of law. FED. R. CIV. P. 56(a); Celotex Corp. v. Catrett, 477 U.S. 317, 323-25 (1986); Washburn v. Harvey, 504 F.3d 505, 508 (5th Cir. 2007). A dispute regarding a material fact is “genuine” if the evidence is such that a reasonable jury could return a verdict in favor of the nonmoving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986).

When ruling on a motion for summary judgment, the court is required to view all inferences drawn from the factual record in the light most favorable to the...