Roufa v. Constantine

ANDREW HARRIS ROUFA, Plaintiff, v. DOW CONSTANTINE, et al., Defendants.

CASE NO. C15-1379JLR

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

January 11, 2017

ORDER GRANTING MOTION FOR SUMMARY JUDGMENT

I. INTRODUCTION

Before the court is Defendants' motion for summary judgment.¹ (MSJ (Dkt. # 12).) The court has considered Plaintiff Andrew Harris Roufa's opposition to themotion (Resp. (Dkt. # 28)), Defendants' reply memorandum (Reply (Dkt. # 32)), the relevant portions of the record, and the applicable law. On January 5, 2017, the court also heard the argument of counsel. (Min. Entry (Dkt. # 34).) Being fully advised, the court GRANTS Defendants' motion for summary judgment for the reasons set forth below.

II. BACKGROUND

A. Defendants' Version of Events

1. Mr. Roufa's Arrest

This case arises from Mr. Roufa's arrest and booking into King County Jail² on June 9, 2012. (See Compl. (Dkt. # 1-2) ¶¶ 1, 14, 22; MSJ at 1.) Around 6:30 p.m. that evening, the Seattle Police Department ("SPD") received a call that a man was "acting bizarre[ly] in the area of 1st Avenue South & South Michigan Street." (MSJ at 2 (citing 1st Zeldenrust Decl. (Dkt. # 24) ¶¶ 2-3, Ex. 1 ("1st Police Rep.") at 4, Ex. 2 ("2d Police Rep.").) The police later identified this man as Mr. Roufa. (See 1st Police Rep. at 1.) During the time that Mr. Roufa was acting strangely, a Washington State Patrol ("WSP") trooper detained Mr. Roufa, and SPD Officer Thaimin Saewong responded to the scene. (See 1st Police Rep.; 2d Police Rep.)

When Officer Saewong responded, Dora Smith "flagged [him] down" and told him that "the male [they] were looking for was her friend," Mr. Roufa. (1st Police Rep. at 5.) Ms. Smith told Officer Saewong that she was concerned about Mr. Roufa's mentalhealth and that he had been diagnosed with paranoid schizophrenia and bipolar disorder. (Id. at 4-5; 2d Police Rep. at 6.) Officer Saewong then checked whether Mr. Roufa had any outstanding warrants and determined that Mr. Roufa had "an active . . . warrant" from Seattle Municipal Court for domestic violence/harassment. (1st Police Rep. at 5.) Upon learning of the outstanding warrant, Office Saewong and his partner, Officer Suarez, arrested Mr. Roufa without incident. (MSJ at 2 (citing 1st Police Rep. at 5).)

Once Mr. Roufa was in their police car, however, he became hostile. (1st Police Rep. at 5.) Mr. Roufa threatened to sue the officers, stated that "he wanted everything recorded," and indicated that "he thought [the officers] were going to beat him down." (Id.) Mr. Roufa also threatened to assault the officers and said that "he wanted to get beat up by officers" and that "he would not cooperate" with them. (Id.) Officer Saewong received approval to book Mr. Roufa directly into King County Jail because of the hostile behavior. (Id.)

After Mr. Roufa's arrest, Ms. Smith dialed 911 and said that Mr. Roufa had assaulted her, which Ms. Smith had not mentioned to Officer Saewong when they spoke. (2d Police Rep. at 6.) Officer Saewong went to Ms. Smith's house to investigate the incident, and Ms. Smith told Officer Saewong that she and Mr. Roufa had dated for about three years and lived together, but that Mr. Roufa had recently been living in a motel and on the streets. (Id.) Mr. Roufa had been "kicked out of the Star Motel" and phoned Ms. Smith on June 9, 2012, to give him a ride. (Id.) Ms. Smith picked Mr. Roufa up in the Georgetown area of Seattle (id.), and Ms. Smith told Officer Saewong that Mr. Roufa began acting hostilely towards her, "tried [to] pick[] fights" with random strangers theyencountered, argued with her, and shoved her in the chest while she was driving (id.). Ms. Smith then made Mr. Roufa get out of the car near 1st Avenue South in Seattle, where Mr. Roufa ultimately encountered the WSP trooper. (Id.; see also 1st Police Rep. at 1.)

2. Mr. Roufa's Booking into the King County Jail

When Mr. Roufa arrived at the King County Jail, he initially cooperated with the corrections officers who put Mr. Roufa in a holding cell in the Intake, Transfer, and Release ("ITR") section of the jail. (1st Police Rep. at 4.) However, by approximately 9:15 p.m., the corrections officers stopped taking pictures and fingerprints of Mr. Roufa because he spit and screamed from his cell. (Grant Decl. (Dkt. # 15) ¶ 2, Ex. 1 ("Grant Rep.") at 2; Hallock Decl. (Dkt. # 16) ¶ 2, Ex. 1 ("Hallock Rep.") at 2; Mohamed Decl. (Dkt. # 19) ¶ 2, Ex. 1 ("1st Mohamed Rep.") at 3.) The officers "placed [Mr. Roufa] on 15[-]minute checks in anticipation of moving him to a different cell." (1st Mohamed Rep. at 3; see also Sprague Decl. (Dkt. # 20) ¶ 2, Ex. 1 ("Sprague Rep.") at 2.)

At this time, the second shift ITR sergeant, Abdulmonaiem Mohamed, contacted the Acting Captain, Captain Allen, to report "the possible anticipated use of force" in moving Mr. Roufa to a different cell. (1st Mohamed Rep. at 3) Captain Allen authorized Sergeant Mohamed to "use reasonable and necessary force while dealing with [Mr.] Roufa." (Id.) Sergeant Mohamed then directed Officer Kenneth Grant to contact Jail Health Services Nurse Kimberly to see "if there [we]re any contraindications preventing the use of pepper spray or [a] [t]aser on [Mr.] Roufa." (Id.; Grant Rep. at 2.) Officer

//Grant told Sergeant Mohamed that "Nurse Kimberley" said there were no contraindications. (Id.; Grant Rep. at 2; Hallock Rep. at 2.)

Officer Grant and Officer Owens then directed Mr. Roufa to "approach the pass-through of the holding cell door so he could be handcuffed" and moved to a different cell. (MSJ at 5 (emphasis omitted) (citing Grant Rep. at 2; 1st Mohamed Rep. at 3; Hallock Rep. at 2).) Mr. Roufa complied, and the officers moved him to a different cell. (Grant Rep. at 2.) After Mr. Roufa entered the new cell, however, he pulled his hands away from the officers and they were unable to remove the handcuffs. (1st Mohamed Rep. at 3; Hallock Rep. at 2.) Sergeant Mohamed directed Mr. Roufa several times to come to the pass-through to have the handcuffs removed, but Mr. Roufa continued to refuse. (1st Mohamed Rep. at 3.) Sergeant Mohamed "warned [Mr.] Roufa that he would deploy . . . pepper spray if [Mr.] Roufa did not comply with [Sergeant Mohamed's] orders." (1st Mohamed Rep. at 3.) Mr. Roufa continued to refuse, and Sergeant Mohamed sprayed the pepper spray into the cell. (Id.; Mohamed Decl. ¶ 3, Ex. 2 ("2d Mohamed Rep.") at 1; see also Allred Rep. at 2.) Two cans of pepper spray failed to deploy correctly. (1st Mohamed Rep. at 3; see also Clark Decl. (Dkt. # 14) ¶ 2, Ex. 1 ("Clark Rep.") at 2.) From a "partially full" third can and a fourth can, Sergeant Mohamed "sprayed several bursts [that] struck [Mr.] Roufa on the back." (2d Mohamed Rep. at 2.) After each time he sprayed, Sergeant Mohamed directed Mr. Roufa to come to the pass-through, but Mr. Roufa refused. (Id.; see also 1st Mohamed Rep. at 3.) Sergeant Mohamed "then sprayed the pepper spray into [Mr.] Roufa's face," but Mr.

//Roufa "still refused to comply and ran around inside his cell." (MSJ at 5 (citing 2d Mohamed Rep. at 2); see also Grant Rep. at 2.)

Sergeant Mohamed then "directed several corrections officers to suit up for a cell extraction." (MSJ at 5 (citing 2d Mohamed Rep. at 2); see also Grant Rep. at 2; Hallock Rep. at 2.) Officer Sprague checked with the jail's psychiatric nurse—"Nurse Gabriella"—to see whether a taser could be used on Mr. Roufa. (2d Mohamed Rep. at 2.) The nurse told Officer Sprague that a taser could not be used because the nurse concluded that Mr. Roufa had a heart condition based on the medicine he was taking. (2d Mohamed Rep. at 2; Sprague Rep. at 2; Mohamed Decl. ¶ 4, Ex. 3.) After learning that Mr. Roufa could not be tased, Sergeant Mohamed decided to "transfer [Mr.] Roufa to a different cell so that he could decontaminate." (2d Mohamed Rep. at 2.) Captain Allen told Sergeant Mohamed to use a video camera during the move. (Id.)

While Sergeant Mohamed made these arrangements, another officer removed Mr. Roufa's handcuffs, after which Mr. Roufa removed all of his clothes. (Grant Rep. at 2; Van Der Vliet Decl. (Dkt. # 21) ¶ 2, Ex. 1 ("Van Der Vliet Rep.") at 2 ("I uncuffed the inmate through the pass through without incident.").) Mr. Roufa "was having [a] hard time dealing with the effect of pepper spray." (2d Mohamed Rep. at 2.) Around 9:30 p.m., Mr. Roufa stated that he would comply with officers, and Sergeant Mohamed directed Officers Allred and Van Der Vliet to move Mr. Roufa to another cell so that Mr. Roufa could decontaminate. (See 2d Mohamed Rep. at 2; Allred Rep. at 2.) The officers moved Mr. Roufa without further incident. (Grant Rep. at 2; Van Der Vliet Rep. at 2.)

// When Sergeant Mohamed came to the new cell "[a] short time later," Mr. Roufa told Sergeant Mohamed that the pepper spray still burned his body, particularly his genitals. (2d Mohamed Rep. at 2.) Sergeant Mohamed agreed to let Mr. Roufa "decontaminate in the day-room shower, provided that he returned to his cell immediately" after he finished showering, to which Mr. Roufa agreed. (MSJ at 6; see also 2d Mohamed Rep. at 2.) Officers Sprague and Mendez disagreed with Sergeant Mohamed's decision, telling him that "it was unwise to allow an agitated psychiatric inmate to access the dayroom" and that the "proper procedure . . . was to allow the inmate to use his cell sink for decontamination." (MSJ at 7; Sprague Rep. at 2; Mendez Decl. (Dkt. # 18) ¶ 2, Ex. 1 ("Mendez Rep.") at 2.) Sergeant Mohamed, however, believed that Mr. Roufa had calmed down and should be allowed to fully decontaminate in the shower. (2d Mohamed Decl. at 2; see also Mendez Rep. at 2.)

3. The Dayroom Incident

Mr. Roufa showered in the dayroom, but refused to return to his cell. (2d Mohamed Rep. at 2; Allred Rep. at 2; Grant Rep. at 2; Hallock Rep. at 2; Mendez Rep. at 2; Van Der Vliet Rep. at 2.) Instead, he "ran naked from one end of the dayroom to the other, yelling incoherently and acting in an...