Taylor v. Thompson

1

MICKEY RAY TAYLOR, JR., Plaintiff, v. TREY THOMPSON, SERGEANT CASTANEDA, CORPORAL COX, SERGEANT GRIFFIN, SERGEANT RICHARD, DIVISION CAPTAIN DOE, and CITY OF CARLSBAD, Defendants.

No. 1:20-cv-00536-DHU-JMR

United States District Court, D. New Mexico

June 6, 2024

PROPOSED FINDINGS AND RECOMMENDED DISPOSITION

JENNIFER M. ROZZONI UNITED STATES MAGISTRATE JUDGE

THIS MATTER comes before the Court on the Motion for Summary Judgment filed by defendants City of Carlsbad, Trey Thompson Jacob Castaneda, Bryant Cox, Jason Griffin, and Richard Cage (collectively, the “City Defendants”). Doc. 205. Prior to being served with the motion, plaintiff Mickey Ray Taylor, Jr. filed a response. Doc. 238. After being served he filed a second response. Doc. 249. The City Defendants filed a reply. Doc. 258. The Honorable District Judge David H. Urias referred the case to me pursuant to 28 U.S.C §§ 636(b)(1)(B) and (b)(3) to conduct hearings, if warranted, and to perform any legal analysis required to recommend to the Court an ultimate disposition of this case. Doc. 60. Having reviewed the parties' submissions and the relevant law, I recommend that the Court GRANT the City Defendants' Motion for Summary Judgment (Doc. 205) and dismiss all claims against the City Defendants with prejudice.

I. Material Facts^[1]

Plaintiff Mickey Ray Taylor, Jr. is an incarcerated, pro se litigant. See Doc. 109. The basis of this lawsuit is an altercation Mr. Taylor had with law enforcement officers on February 3, 2019. Id.

On February 3, 2019, Corporal Trey Thompson was dispatched to a Wal-Mart in Carlsbad, New Mexico. UMF ¶ 1. Corporal Thompson was the sole responder to a call complaining about a subject drinking stolen whiskey from the Wal-Mart and hitting the store windows. UMF ¶ 2; see also Doc. 81 (Exh. C-1) (BN 188, BN 189, BN 190, BN 191, BN 196) (footage depicting Mr. Taylor's conduct before Corporal Thompson arrived). When Corporal Thompson arrived at the Wal-Mart several bystanders directed him towards Mr. Taylor. UMF ¶ 4. At the time, Mr. Taylor was a relatively large man, standing roughly 6'2” and weighing 250 pounds. Doc. 81-11 (Exh. G). Corporal Thompson approached Mr. Taylor and told him to “turn around,” which he did. Doc. 205 (Exh. A-1) 00:11-13. However, when Corporal Thompson moved to handcuff Mr. Taylor, Mr. Taylor pulled away, suddenly shouting, “You're not a cop. He's not a cop!” Id. at 00:15-42. In response, Corporal Thompson pulled out his taser. Id. Mr. Taylor began walking away, continuing to yell. Id. Corporal Thompson warned, “I am going to tase you. Get on the ground.” Id. Mr. Taylor continued to back away. Id. Corporal Thompson repeated, “Get on the ground. Get on the ground. You are going to get lit up.” Id. Mr. Taylor replied, “You're not a cop. Don't you stun me.” Doc. 205 (Exh. A-1) 00:15-42. Corporal Thompson then deployed his taser. Id. The taser hit Mr. Taylor in the back, and Mr. Taylor swiftly swatted the taser wires away. Id. Then, in quick succession, Mr. Taylor swung at the taser gun knocking it out of Corporal Thompson's hands, Corporal Thompson swung at Mr. Taylor, and Mr. Taylor pushed Corporal Thompson onto the floor. Id.^[2] Next, Mr. Taylor ran towards the back of the Wal-Mart. UMF ¶ 7. Multiple Wal-Mart shoppers chased after Mr. Taylor following him outside. Doc. 81 (Exh. C-1) (BN 187) 03:19-20.

Just outside the Wal-Mart, approximately eight civilian shoppers wrestled Mr. Taylor to the ground. Doc. 205 (Exh. A-1) 03:33-40. When Corporal Thompson caught up to them, the shoppers kept Mr. Taylor pinned down while Corporal Thompson attempted to handcuff him. Doc. 205 (Exh. A-1) 03:40-06:00. Mr. Taylor continuously writhed and screamed phrases such as: “Oh god!” “Call the cops!” and “Call the real police!” After he was handcuffed, the shoppers and Corporal Thompson unsuccessfully attempted to stand Mr. Taylor up. Id. Mr. Taylor tried to pull away. Id. Corporal Thompson instructed the shoppers to “sit him back down. . . put him on his belly again.” Id. Once Mr. Taylor was on the ground, a shopper placed his knee on Mr. Taylor's left shoulder, patting Mr. Taylor on the right shoulder and saying, “Calm down, Bubba. You're good.” Id.

Within a few minutes, more officers arrived. Id. at 06:00-9:36. Sergeant Brian McCarty took over for the shopper who had his knee of Mr. Taylor's shoulder. UMF ¶ 17. Sergeant McCarty put his knee firmly on Mr. Taylor's back. Doc. 205 (Exh. A-1) 06:00-9:36. Corporal Herrera took Mr. Taylor's shoes off. UMF ¶ 18. Next, the officers tried several times to stand Mr. Taylor up, but he did not comply. Doc. 205 (Exh. A-1) 06:00-9:36. Eventually, the officers were able to walk him to the police vehicle. Id. Here, the body-worn camera footage stops.^[3]

After a period of time, an ambulance arrived. UMF ¶ 27. Mr. Taylor was transported to the Carlsbad Medical Center for treatment. UMF ¶ 28.

Mr. Taylor alleges that on the way to the hospital, he was seated in a police transport vehicle next to Corporal Thompson. Doc. 109 at 7. Mr. Taylor says that Corporal Thompson tased him through his handcuffs the entire way to the hospital. Id. Mr. Taylor says that this tasing literally killed him and burned his wrist creating a hole to the bone. Id. Mr. Taylor believes that Corporal Thompson “intentionally killed” him. Id.

In contrast, Mr. Taylor's medical records and an emergency medical technician's (“EMT”) affidavit show that Mr. Taylor was transported to the hospital in an ambulance on a stretcher. Doc. 205-4 (Exh. 3). There is no evidence that Mr. Taylor was tased on the way to the hospital. There is also no record that any officers accompanied Mr. Taylor in the ambulance. At least one witness affirmatively swears that there were no officers in the ambulance. Id. at 2. The data reports from Corporal Thompson's taser indicate that it was not used during the time Mr. Taylor was taken to the hospital. Doc. 193-1 at 6.

Mr. Taylor's medical records from the Carlsbad Medical Center do not mention burned skin or a hole in Mr. Taylor's wrist. See Doc. 125. The medical records confirm that Mr. Taylor had no “suspicious burns” and no “unexplained injuries or bruising.” Doc. 205-12 at 6, 9. Mr. Taylor was treated for rhabdomyolysis due to methamphetamine use and overexertion. Doc. 205 12 at 19. Then, he was taken to the Eddy County Detention Center. UMF ¶ 30.

At some point after the incident, someone posted a video of the altercation to the internet. Doc. 109 at 3-4. The video has never been provided to the Court.

II. Plaintiff's Claims

Mr. Taylor's operative complaint lists eight total claims. Doc. 109. Seven of the claims are against various City Defendants. Id. Claim six, however, is alleged against only the Carlsbad Medical Center and two doctors. Id.; see also Docs. 253, 255, 265 (addressing the claims against the hospital and the doctors, respectively).

Claim one is an excessive force claim against Corporal Thompson for tasering and hitting Mr. Taylor inside the Walmart. Doc. 109 at 2-3.

Claim two is a “defamation plus/stigma plus” claim against^[4] Corporal Thompson, Sergeant Castaneda, Corporal Cox, and the City of Carlsbad alleging that an unidentified person posted a video of Mr. Taylor's altercation with law enforcement on the internet. Id. at 3-4. Mr. Taylor complains that the video posted online does not “show the unconstitutional-ness of how Thompson arrived, it has or never had a disclaimer saying his moves on [Mr. Taylor] were unlawful and or arbitrary or unconstitutional.”^[5] Id. at 4.

Claim three is an excessive force claim against Corporal Thompson, Sergeant Castaneda, Corporal Cox, and the City of Carlsbad for the altercation behind the Wal-Mart, which involved several civilian bystanders. Id. at 4-5. Mr. Taylor criticizes the officers for “applying force to [his] back and legs twisting [his] legs and removing [his] shoes” while attempting to handcuff Mr. Taylor as he was pinned down by the bystanders. Id. He further alleges that Corporal Thompson directed the bystanders to “pick [Mr. Taylor] up walk a couple steps . . . and have [him slammed] down face and head first.” Doc. 109 at 4. Finally, Mr. Taylor complains that Sergeant Castaneda applied a “knee-to-neck restraint” suffocating Mr. Taylor for twenty seconds. Id. at 4-5.

Claim four is a conspiracy claim against all defendants alleging that Corporal Thompson and Corporal Cox orchestrated a “murder conspiracy machine.” Id. at 5-6. Mr. Taylor accuses all of the defendants of conspiring with each other to cover up the actions of the “murderous police officers.” Id.

Claim five is an excessive force claim against Corporal Thompson, Sergeant Castaneda, and Corporal Cox for forcing Mr. Taylor into a police vehicle so that he “could be murdered by Thompson inside.” Id. at 6-7. Mr. Taylor alleges that he was “tased to death by Corporal Trey Thompson as he sat by [Mr. Taylor's] left shoulder . . . and proceeded to tase [him] to death through [his] left secured handcuff.” Id. at 7.

Claim seven is a supervisory liability claim against Sergeant Castaneda, Sergeant Griffin, and Lieutenant Cage for hiring Corporal Thompson and failing to train, discipline, or intervene with Corporal Thompson's policing. Doc. 109 at 8. Mr. Taylor argues that the “supervisors should have known [that Corporal Thompson] could have easily violated citizens rights.” Id.

Claim eight is a municipal liability claim against the City of Carlsbad for allegedly having a policy that directs “all officers in its employment to use force [in response to] any form of civilian resistance.” Id. at 9.

As relief, Mr. Taylor requests “more than eight figures” in monetary damages, for the officers to be criminally charged, and for the officers to be prevented from...