Ramirez v. Martinez

• Decision Date: 15 May 2013
• Docket Number: No. 11–41109.,11–41109.
• Citation: 716 F.3d 369
• Parties: Reynaldo RAMIREZ, Plaintiff–Appellee v. Jose “Taser Joe” MARTINEZ, Individually, Defendant–Appellant.
• Court: U.S. Court of Appeals — Fifth Circuit

716 F.3d 369

Reynaldo RAMIREZ, Plaintiff–Appellee

v.Jose “Taser Joe” MARTINEZ, Individually, Defendant–Appellant.

No. 11–41109.

United States Court of Appeals, Fifth Circuit.

May 15, 2013.

Christopher John Gale (argued), Gale, Wilson & Sanchez, P.L.L.C., San Antonio, TX, for Plaintiff–Appellee.

Brian Charles Miller (argued), Myra Kay Morris, Royston, Rayzor, Vickery & Williams, L.L.P., Corpus Christi, TX, for Defendant–Appellant.

Appeal from the United States District Court for the Southern District of Texas.

Before JONES, GARZA and PRADO, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

This is a false arrest and excessive force case following an altercation between Reynaldo Ramirez (“Ramirez”) and Deputy Jose “Taser Joe” Martinez (“Martinez”) in Jim Wells County, Texas. Martinez appeals the district court's denial of summary judgment based on qualified immunity on Ramirez's 42 U.S.C. § 1983 claims and state-law official immunity on Ramirez's state-law claims. We REVERSE in part and DISMISS in part.

I

Deputy Martinez, a Jim Wells County sheriff's deputy, arrived with other officers at a landscaping business owned by Ramirez to execute a warrant for the arrest of Ramirez's sister-in-law, Diana Flores.¹ Ramirez was not the subject of any warrant. Deputy Martinez entered the business and asked a man and a woman inside whether Flores was present; both said she was not. Martinez then exited the building.

Ramirez arrived at the business while Deputy Martinez and the other officers were still present. A news crew was also present, filming the scene.² Ramirez claims the officers had their guns drawn and were pointing the guns at his employees, who were kneeling down. Ramirez approached Deputy Michael Teodecki, another Jim Wells County sheriff's deputy, and asked him to explain what was happening. Teodecki said Martinez was in charge of the operation and did not disclose any other information.

Ramirez located Deputy Martinez and asked Martinez what was happening and why the officers were there. The two exchanged profanities. Martinez yelled, “You shut your mouth or I will take you to jail!” Ramirez simultaneously yelled, “This is my business, ok?” twice. Martinez yelled, “Turn around and put your hands behind your back!” Ramirez did not comply. Martinez grabbed Ramirez's hand and told him to turn around, but Ramirez pulled his arm away. Martinez immediately tased Ramirez in the chest. Ramirez testified that he did not resist after he pulled his arm away.

Martinez and several officers forced Ramirez to the ground. While doing so, an officer yelled at Ramirez, “Stop resisting!” and, “Get on the ground!” Ramirez fell to his knees, and the officers forced him to the ground on his stomach and restrained him with handcuffs. Martinez tased Ramirez a second time while lying face-down on the ground in handcuffs. Martinez arrested Ramirez, who was charged with disorderly conduct. The charge was later dismissed.

Ramirez filed suit in the United States District Court for the Southern District of Texas, naming as defendants Jim Wells County and several officers, including Deputy Martinez. Ramirez alleged excessive force, false arrest, and malicious prosecution claims under 42 U.S.C. § 1983 and Texas state law claims, including assault and battery and false arrest and imprisonment. Ramirez voluntarily dismissed all defendants except Martinez.

Martinez moved for summary judgment on the basis of qualified immunity and state-law official immunity. A magistrate judge recommended the district court grant the motion as to Ramirez's § 1983 claim for malicious prosecution but deny the motion as to the remainder of Ramirez's federal claims. The magistrate judge made no recommendation on Ramirez's state-law claims, stating Martinez had not raised these claims in his motion for summary judgment. The district court adopted the magistrate judge's recommendations, but determined Martinez had in fact raised the state-law claims in his motion for summary judgment. The district court nevertheless denied summary judgment on these state-law claims. Thus, the district court granted Martinez's motion for summary judgment as to Ramirez's § 1983 claim for malicious prosecution but denied the motion as to all other claims. Martinez timely appealed.

II

A

The denial of a motion for summary judgment is ordinarily a non-final, non-appealable order; however, when such a motion is based upon qualified immunity, its denial is a collateral order that is immediately reviewable to the extent the denial was based on an issue of law. Brown v. Strain, 663 F.3d 245, 248 (5th Cir.2011); see also Mitchell v. Forsyth, 472 U.S. 511, 530, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985) (holding denial of claim of qualified immunity is appealable to extent it turns on issue of law). When reviewing an interlocutory appeal asserting qualified immunity, we lack the jurisdiction to review the district court's decision that a genuine issue of fact exists. Brown, 663 F.3d at 248. Instead, this court's jurisdiction is limited to determining “whether the district court erred in assessing the legal significance of the conduct that the district court deemed sufficiently supported for purposes of summary judgment.” Id. (internal quotation marks omitted). Whether we have appellate jurisdiction to review the district court's disposition of state law matters “is a question of federal, not state, law.” Cantu v. Rocha, 77 F.3d 795, 803 (5th Cir.1996). “[O]rders premised on the denial of [official] immunity under Texas state law are appealable in federal court to the same extent as district court orders premised on the denial of federal law immunity.” Id. at 804;accord Kinney v. Weaver, 367 F.3d 337, 346 n. 7 (5th Cir.2004) (en banc) (“[O]rders denying official immunity under Texas law are immediately appealable to the same extent as denials of qualified immunity under federal law.”). Therefore, we have jurisdiction to review the district court's denial of summary judgment based on both federal qualified immunity and Texas official immunity only to the extent the denial was based on an issue of law. Cantu, 77 F.3d at 804.

We review the district court's denial of summary judgment de novo. McFaul v. Valenzuela, 684 F.3d 564, 571 (5th Cir.2012). Summary judgment is appropriate when there is no genuine issue of material fact and the moving party has shown it is entitled to judgment as a matter of law. Id. A dispute is “genuine” if the evidence is sufficient for a reasonable jury to return a verdict for the nonmoving party. Hamilton v. Segue Software, Inc., 232 F.3d 473, 477 (5th Cir.2000). A fact issue is “material” if its resolution could affect the outcome of the action. Id. We construe all facts and all reasonable inferences in the light most favorable to Ramirez, the non-moving party. McFaul, 684 F.3d at 571.

B

Related to the appropriate standard of review is our consideration of Scott v. Harris, 550 U.S. 372, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007). Martinez argues that because there is a videotape partially capturing the altercation at issue, this court should not view the facts in the light most favorable to Ramirez, but instead should rely on the facts established by the video recording and defer to Ramirez's version of any remaining relevant facts. See generally Scott v. Harris, 550 U.S. 372, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007). Scott involved a § 1983 claim for excessive force stemming from injuries the plaintiff received when his vehicle crashed while fleeing from a county deputy. Id. at 374–76, 127 S.Ct. 1769. In reviewing the denial of the deputy's motion for summary judgment based on qualified immunity, the Supreme Court determined the lower courts were wrong to accept the version of facts provided by the plaintiff when that version was contradicted by a videotape of the chase and crash. Id. at 378–81, 127 S.Ct. 1769. The plaintiff had contended he remained in control of his vehicle at all times while he was driving, slowing down and using his indicator lights for turns at intersections, and he did not pose a threat to any other motorists or pedestrians. Id. at 378–79, 127 S.Ct. 1769. The videotape, by contrast, showed the plaintiff racing down the road at a very high speed, swerving around more than a dozen other cars, forcing cars onto the shoulder of the road, crossing the double-yellow line, and running multiple red lights. Id. at 379, 127 S.Ct. 1769. The Court concluded, “When opposing parties tell two different stories, one of which is blatantly contradicted by the record, so that no reasonable jury could believe it, a court should not adopt that version of the facts for purposes of ruling on a motion for summary judgment.” Id. at 380, 127 S.Ct. 1769.

Scott does not control our standard of review here because it is distinguishable. There, the Court determined the plaintiff's version of events was so “blatantly contradicted” by the video that “no reasonable jury” could believe him. Id. Here, the video does not so blatantly contradict the version of events told by Ramirez that no reasonable jury could believe his version.

The contents of the video are too uncertain to discount Ramirez's version of the events under Scott. When the videotape begins, Martinez and Ramirez are already yelling at each other. A struggle ensues, but it is unclear exactly what or who precipitates and what constitutes that struggle. There appear to be about five people involved, but none of their faces are visible on the videotape until Ramirez is on his knees. The tape only establishes that the officers forced Ramirez to the ground, an officer placed a black object against Ramirez's back, and Ramirez screamed twice.

Martinez asserts we must disregard Ramirez's version of events on summary judgment because the video shows Ramirez tried to punch him. Although the video shows the struggle described above, it does not clearly show a punch or every particular element of the altercation. The video...