Mata ex rel. J.A.M. v. City of Farmington

798 F.Supp.2d 1215

85 Fed. R. Evid. Serv. 815

Juan MATA, on his own behalf and as Parent and Next Friend of J.A.M. and G.M., minors, Plaintiff,

v.The CITY OF FARMINGTON, Farmington Police Department, a municipality organized under the laws of the State of New Mexico and its Police Department; Tyler Rahn, an Officer of the Farmington Police Department, Individually and in his Official Capacity; Robert J. Perez, an Officer (Sergeant) of the Farmington Police Department, Individually and in his Official Capacity; John Ahlm, an Officer of the Farmington Police Department, Individually and in his Official Capacity; Jeffrey Browning, an Officer of the Farmington Police Department, Individually and in his Official Capacity; Daniel Brozzo, an Officer of the Farmington Police Department, Individually and in his Official Capacity; Mike Briseno, a/k/a Mike Briseno, an Officer of the Farmington Police Department, Individually and in his Official Capacity, Defendants.

No. CIV 10–0366 JB/LFG.

United States District Court, D. New Mexico.

June 17, 2011.

Santiago E. Juarez, Albuquerque, NM, for the Plaintiff.

Luis E. Robles, Terri S. Beach, Robles, Rael & Anaya, Albuquerque, NM, for the Defendants.

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on: (i) the Defendant Officers' Motion in Limine No. I: The Exclusion of Evidence at Trial Regarding Defendant Officers' Use of Force in Prior and Subsequent, Unrelated Incidents, Police Standard Operating Procedures, Training, and Less Intrusive Alternatives, filed May 4, 2011 (Doc. 67); and (ii) the Defendant Officers' Motion in Limine No. II: Admissibility of Evidence of Plaintiff's Interactions with the Farmington Police Department, Other Arrests and Violent Encounters to Rebut His Claim for Damages, filed May 5, 2011 (Doc. 68). The Court held a hearing on June 1, 2011. The primary issues are: (i) whether the Court should exclude evidence of police standard operating procedures (“SOPs”) and of police training; (ii) whether the Court should exclude evidence that Defendant Tyler Rahn could have used less intrusive alternatives; (iii) whether the Court should exclude evidence of Plaintiff Juan Mata's lawsuits against Farmington Police Department (“FPD”) officers and settlements of those lawsuits, and evidence regarding the use of force in prior and subsequent, unrelated incidents, by Rahn and Defendant John Ahlm (hereinafter “the Defendant Officers”), and other officers; and (iv) whether the Court should allow the Defendant Officers to introduce evidence of Mata's interactions with the FPD, other arrests and violent encounters, and his invocation of his Fifth–Amendment privilege at his deposition when asked about the emotional effect of his federal indictment and arrest. The Court will exclude evidence that the Defendant Officers did not follow SOPs and police training, because this evidence is not relevant. The Court will also exclude evidence that Rahn could have used less intrusive alternatives, because this evidence is not relevant. The Court will not allow Mata to present evidence of specific incidents of officers' use of force, internal affairs complaints, or civil rights lawsuits in the context of his excessive force claims, because this evidence does not have a tendency to make the existence of facts of consequence to the determination of these claims more or less probable, but it will allow Mata to present limited testimony to provide a factual background for this incident. If, at trial, Mata chooses to pursue his claims for emotional distress and seeks damages for emotional distress, the Court will allow the Defendant Officers to ask witnesses about Mata's interactions with the FPD, his other arrests, and violent encounters in which he has been involved. If, at trial, Mata pursues damages for emotional distress, the Court will also allow the Defendant Officers to ask whether Mata refused to answer certain questions in his deposition, but they may not refer to invocation of the Fifth–Amendment privilege.

FACTUAL BACKGROUND

The Court has already discussed the facts underlying this case in detail. See Memorandum Opinion and Order, filed June 13, 2011, 791 F.Supp.2d 1118, 2011 WL 2429358 (D.N.M.2011) (Doc. 91)(“June 13, 2011 MOO”). This case arises out of an incident in which Rahn allegedly used excessive force when he pointed his police revolver at Mata and J.A.M., and Ahlm allegedly violated Mata's and J.A.M.'s constitutional rights by not intervening to prevent Rahn from using excessive force. The Court will incorporate its discussion of the factual background in pages three to seventeen of the June 13, 2011 MOO and will not repeat that detailed factual context here.

PROCEDURAL BACKGROUND

On April 15, 2010, Mata filed his Complaint for Civil Rights Violations. See Doc. 1. In the Complaint, Mata alleges claims under 42 U.S.C. § 1983. In Count I, he alleges that Rahn unlawfully used excessive force in violation of the Fourth Amendment. In Count II, he alleges that Rahn's fellow officers failed to take action to stop Rahn's excessive use of force. In Count III, he asserts a claim for punitive damages. In Count IV, he asserts that Defendant City of Farmington is liable, because the “acts and omissions in violation of Plaintiffs' rights by the Defendant Rahn were perpetrated pursuant to the custom and policy of the City of Farmington,” and that the City of Farmington maintains an official policy of permitting its officers to engage in harassing behavior and excessive use of force, or ignores such actions. Complaint ¶¶ 58–59, at 12–13. In Count V, he asserts that the City of Farmington is liable, because the “acts and omissions in violation of Plaintiffs' rights by Defendant Rahn were perpetrated pursuant to the custom and policy of the City of Farmington,” and the City of Farmington failed to train or supervise Rahn regarding the appropriate handling of situations. Complaint ¶ 65, at 13–14. In Count VI, Mata alleges that the City of Farmington is liable for its failure to train and supervise regarding the officers' duty to intervene, and stop the use of excessive force by a fellow officer.

On February 9, 2011, Mata filed the Plaintiff's Notice of Stipulated Dismissal With Prejudice of Defendant Robert Perez Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). See Doc. 42. On April 14, 2011, Mata filed the Plaintiff's Notice of Stipulated Dismissal With Prejudice of Any and All Against Defendants Jeffrey Browning, Daniel Brozzo, and Michael Briseno Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). See Doc. 56. Also on April 14, 2011, Mata filed the Plaintiff's Notice of Stipulated Dismissal With Prejudice of Any and All Municipal and Supervisory Liability Claims (Counts IV, V, and VI) Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). See Doc. 57. In this stipulation, Mata stipulated to the dismissal with prejudice of Counts IV, V, and VI against the City of Farmington, and to the dismissal with prejudice to all “official capacity claims made against” Rahn, Ahlm, and Defendants Robert J. Perez, Jeffrey Browning, Daniel Brozzo, and Michael Briseno.

On June 13, 2011, the Court filed a Memorandum Opinion and Order, granting summary judgment against Mata on his claims against Rahn and Ahlm on G.M.'s behalf, but denying summary judgment on Mata's claims against Rahn and Ahlm on his behalf and J.A.M.'s behalf. See Doc. 91. At trial, the jury will decide two claims against the Defendant Officers. The jury will decide whether Rahn used excessive force against Mata and J.A.M. The jury will also decide whether Ahlm failed to intervene and stop Rahn's use of excessive force against Mata and J.A.M.

On May 4, 2011, the Defendant Officers filed the Defendant Officers' Motion in Limine No. I: The Exclusion of Evidence at Trial Regarding Defendant Officers' Use of Force in Prior and Subsequent, Unrelated Incidents, Police Standard Operating Procedures, Training, and Less Intrusive Alternatives. See Doc. 67. In their motion, the Defendant Officers request that the Court exclude any and all evidence regarding FPD officers' use of force in prior and subsequent, unrelated incidents, as well as internal affairs complaints, civil rights lawsuits, police SOPs, training and less intrusive alternatives, and that the Court award the Defendant Officers their attorneys' fees and costs and order all other relief the Court deems just and proper. The Defendant Officers argue that evidence of FPD officers' use of force in prior and subsequent, unrelated incidents, as well as internal affairs complaints, civil rights lawsuits, and civil lawsuit settlements, is irrelevant under rule 402 of the Federal Rules of Evidence. They argue that this evidence constitutes inadmissible character evidence and evidence of prior bad acts, and that even if the evidence fits within one of rule 404(b)'s exceptions, the Court should exclude the evidence under rule 403. The Defendant Officers also argue that the Court should exclude any evidence regarding violation of SOPs and training under rule 402, because the evidence is not relevant, or under rule 403, because the evidence creates the danger of jury confusion that substantially outweighs its probative value.

On May 5, 2011, the Defendant Officers filed the Defendant Officers' Motion in Limine No II: Admissibility of Evidence of Plaintiff's Interactions With the Farmington Police Department, Other Arrests and Violent Encounters to Rebut his Claim for Damages. See Doc. 68. In this motion, the Defendant Officers seek an order allowing them to introduce evidence of Mata's interactions with the FPD, other arrests and violent encounters, and his invocation of his Fifth–Amendment privilege at his deposition when asked about the emotional effect of his federal indictment and arrest to rebut his claim for damages. The Defendant Officers argue that, under rule 404(a)(2), they are...