Carrasca v. Pomeroy

• Decision Date: 17 December 2002
• Docket Number: No. 02-1127.,02-1127.
• Citation: 313 F.3d 828
• Parties: Marco Antonio CARRASCA; Fidel Figueroa; Abimael Figueroa; Rigoberto Vales Barreras, Appellants v. Edward POMEROY and Steve Losey, in their individual capacities
• Court: U.S. Court of Appeals — Third Circuit

Page 828

313 F.3d 828

Marco Antonio CARRASCA; Fidel Figueroa; Abimael Figueroa; Rigoberto Vales Barreras, Appellants v. Edward POMEROY and Steve Losey, in their individual capacities

No. 02-1127.

United States Court of Appeals, Third Circuit.

Argued September 10, 2002.

Filed December 17, 2002.

Daniel Werner (Argued), Patricia C. Kakalec, Farmworker Legal Services of New York, Inc., New Paltz, NY, for Appellants.

Robert P. Shane (Argued), Deputy Attorney General, Patrick DeAlmeida, Deputy Attorney General, David Samson, Attorney General of New Jersey, Office of Attorney General of New Jersey, Department of Law & Public Safety, Trenton, NJ, for Appellees.

Before SLOVITER, RENDELL, and FUENTES, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

While the incidents that form the basis of this claim may seem trivial at first, to the Plaintiffs who were subjected to them they presented a paradigmatic case of racial profiling. The parties testified to differing versions of the relevant facts. The District Court failed to view the facts in the light most favorable to Plaintiffs and accordingly erred in granting summary judgment based on qualified immunity and the merits.

I. Introduction

Plaintiffs Marco Antonio Carrasca, Fidel Figueroa, Abimael Figueroa, and Rigoberto Vales Barreras filed suit against Edward Pomeroy, a former New Jersey State Park Ranger, and Steve Losey, a former Visitor Service Assistant at Waywayanda State Park (referred to collectively as "the Rangers"), in the United States District Court for the District of New Jersey under 42 U.S.C. § 1983,¹ claiming that the Rangers violated Plaintiffs' rights under the Equal Protection Clause of the Fourteenth Amendment and the Fourth Amendment. They further claimed that the Rangers violated 42 U.S.C. §§ 1981² and 1985(3)³ and the New Jersey Law against Discrimination.⁴

The District Court granted the Rangers' motion for summary judgment and dismissed Plaintiffs' case in its entirety with prejudice. Plaintiffs appeal, contending that summary judgment was inappropriate because there were genuine issues of material fact. In contrast, the Rangers argue that all parties are in agreement as to all of the material facts. Based on the record before us, we conclude that significant factual disputes existed and that the District Court should have viewed the facts in the light most favorable to Plaintiffs, thus precluding summary judgment.

II. Background

A. Facts

Plaintiffs claim that shortly after 6 p.m. on August 3, 1998, they entered a lake in Waywayanda State Park, located in Sussex, New Jersey, and that there were between fifteen to twenty-five other swimmers in the lake at that time. (Dep. of Fidel Figueroa at 20; Barreras at 18; Carrasca at 29). The Rangers agree. (Dep. of Pomeroy at 20). Furthermore, Pomeroy claims, and Plaintiffs do not deny, that Pomeroy arrived at the lake between approximately 6:15 and 6:20 p.m., which was after the 6 p.m. posted closing time for the lake. (Dep. of Pomeroy at 8-9 and 19).

The events after this point are in dispute. The parties' version of the facts are taken from the depositions of all four Plaintiffs and Pomeroy.⁵ We will present each version of the facts, beginning with the Plaintiffs'.

According to Plaintiffs, Abimael Figueroa, the sole female Plaintiff, was not in the lake but instead was sitting on the beach when Pomeroy arrived at the scene. (Dep. of Abimael Figueroa at 20). The remaining three Plaintiffs exited the water, along with everyone else in the lake, upon Pomeroy's order to do so. (Dep. of Fidel Figueroa at 27-28; Dep. of Barreras at 28; Dep. of Carrasca at 40). A woman and child were the last to leave the lake, emerging from the water a few minutes after Plaintiffs. (Dep. of Barreras at 29). After exiting the water, Plaintiffs collected their belongings and began walking towards their car when Pomeroy approached them and, in Spanish, called them "Mexican" as if "he was making fun" and told Plaintiff Carrasca that he was "almost naked." (Dep. of Carrasca at 43). Carrasca admits that he was swimming in his underwear, which he contends were dark bikini briefs. (Dep. of Carrasca at 26).

Thereafter, Plaintiffs walked to their car at which point Pomeroy got into his patrol car, parked behind Plaintiffs' car, and got out. (Dep. of Carrasca at 44). Pomeroy then asked Plaintiffs for a driver's license, "green card," or some other form of identification. (Dep. of Fidel Figueroa at 33). Permanent residency cards are colloquially known as "green cards." United States v. Vasquez De Reyes, 149 F.3d 192, 193-94 (3d Cir.1998). Pomeroy proceeded to take the car keys from Plaintiff Fidel Figueroa, went to his patrol car where he spoke on his radio for a few minutes, and returned to search Plaintiffs' car. (Dep. of Fidel Figueroa at 34-35). Pomeroy then arrested all four Plaintiffs without reading them their rights required under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). (Dep. of Carrasca at 57). He handcuffed and placed Plaintiffs in his patrol car, drove them to the Park office, and, when there, handcuffed them to chairs. (Dep. of Fidel Figueroa at 39-40). Plaintiffs remained in that position for approximately three to four hours before Pomeroy allowed them to leave. (Dep. of Fidel Figueroa at 45). Plaintiff Fidel Figueroa collected some personal items from the car, which was impounded. (Dep. of Fidel Figueroa at 47; Dep. of Pomeroy at 57). All four Plaintiffs were given a summons for swimming after hours, for which they thereafter paid fines. (Dep. of Fidel Figueroa at 49; Dep. of Carrasca at 69). Responding to Pomeroy's orders during this time, Defendant Losey searched Plaintiffs' car and handcuffed Plaintiffs. (Dep. of Carrasca at 48-49; 62-63; 79-80).

Pomeroy's testimony significantly differed from that given by Plaintiffs. In his deposition, Pomeroy testified that after he announced over his vehicle's loudspeaker that the lake was closed for swimming, he continued his patrol of the area nearby because most of the swimmers had left the water. (Dep. of Pomeroy at 22-23). When he returned to the lake, he observed some individuals, including Plaintiffs, still swimming. (Dep. of Pomeroy at 24). At this time, Pomeroy announced for a second time that all persons had to exit the lake. (Dep. of Pomeroy at 25). Further, even after his second announcement Plaintiffs remained in the water, which prompted him to leave his car, walk to the lake, blow his whistle, and wave his arms at Plaintiffs. (Dep. of Pomeroy at 27). Despite his efforts, Plaintiffs remained in the lake, and it was not until Pomeroy waved and called out for an additional five minutes that they left the water. (Dep. of Pomeroy at 28). Pomeroy noticed Plaintiffs were wearing underwear and clothes, rather than swimming suits. (Dep. of Pomeroy at 59). It was their improper attire coupled with their failure to comply with his orders to exit the water that caused him to approach them on the beach. (Dep. of Pomeroy at 59).

Unable to speak Spanish, Pomeroy asked Plaintiffs for identification in English, which they could not provide. (Dep. of Pomeroy at 32). Next, Pomeroy drove his patrol car to the parking area where he met Plaintiffs, inquired about the driver of the car and his driver's license, and asked all the Plaintiffs once again for identification, including their green cards. (Dep. of Pomeroy at 33-37). When Plaintiffs said they did not possess green cards. Pomeroy called the INS, and spoke to INS Agent Donald Sasso who told Pomeroy he would return his call because the INS had potential interest in Plaintiffs. Pomeroy then handcuffed and arrested Plaintiffs for swimming after hours, placed them in his patrol car, and took them to the Park office. (Dep. of Pomeroy at 38-39).

At the office, Pomeroy handcuffed the three male Plaintiffs to chairs. (Dep. of Pomeroy at 47). During this time, Pomeroy called his daughter who served as a Spanish interpreter and enabled Pomeroy to obtain Plaintiffs' identities and addresses. (Dep. of Pomeroy at 50-51). Agent Sasso did not return Pomeroy's initial call so Pomeroy repeatedly — albeit unsuccessfully - attempted to call Sasso again from the office. (Dep. of Pomeroy at 52). Eventually, Pomeroy spoke with INS Supervisor Carol Ford who advised him that the INS was not interested in Plaintiffs, despite Pomeroy's offer to transfer Plaintiffs anywhere in the state of New Jersey. (Dep. of Pomeroy at 54). Thereafter, Plaintiffs were released from the office. [Dep. of Pomeroy at 56]. All four Plaintiffs pled guilty to swimming after hours. (Dep. of Pomeroy at 58).

As is evident, Plaintiffs and Pomeroy paint significantly different pictures of the same events. Importantly, they disagree as to how many times Pomeroy asked Plaintiffs to exit the water, when Plaintiffs did in fact exit the water, the whereabouts of Abimael Figueroa when Pomeroy first approached the swimming area, whether Plaintiffs' swimming attire differed significantly from the attire of other swimmers, and the amount of time Plaintiffs were in custody at the Park office.

B. Procedural History

Plaintiffs' complaint described the suit as a "civil rights action brought by four Mexican-born individuals" to redress the Rangers' discriminatory treatment of them.⁶ The District Court granted the Rangers' summary judgment motion without oral argument. In a short opinion, after reciting the facts in a manner that Plaintiffs claim failed to view the evidence in the light most favorable to them, it concluded that: "(i) Mr. Losey played little or no part in detaining Plaintiffs; (ii) Defendant Pomeroy lawfully detained Plaintiffs for investigatory purposes; (iii) Defendants are entitled to Qualified Immunity. Moreover, even if the Court were to reach the merits of this action, the Court finds that it is an utterly frivolous case." Opinion & Order at 3-4, Carrasca v. Pomeroy, No. 00-3590 (D.N.J. Dec. 10, 2001) (...