Childers v. City of Hobbs
| Docket Number | 1:21-cv-0056 RB/GBW |
| Decision Date | 22 August 2022 |
| Citation | 622 F.Supp.3d 1038 |
| Parties | Triston Ray CHILDERS, Plaintiff, v. The CITY OF HOBBS; Joshua N. Gordon, a Hobbs Police Department Officer; and Seth M. Ford, a Hobbs Police Department Officer, Defendants. |
| Court | U.S. District Court — District of New Mexico |
Joseph P. Kennedy, Kennedy Kennedy & Ives, LLC, Albuquerque, NM, for Plaintiff.
Luis E. Robles, Philomena M. Hausler, Robles, Rael & Anaya, P.C., Albuquerque, NM, for Defendants.
On January 24, 2019, Wilma Castleman (Wilma) called the Hobbs Police Department (HPD) Dispatch to report a physical altercation between her granddaughter, Tamara Castleman (Tamara), and Tamara's boyfriend, Plaintiff Triston Childers (Childers). Defendants Joshua Gordon and Seth Ford, then officers with HPD, responded. Wilma invited them inside the house and confirmed that Tamara and Childers were arguing. Gordon asked where they were, and Wilma pointed down a hallway and said, "Right there." Gordon turned in the direction she indicated and encountered Tamara, who appeared to be nursing a recent injury. He asked Tamara what was happening. Tamara began to tell him about the argument, and as she talked, she turned and walked down a hallway and entered a bedroom. Gordon followed.
Childers, who was seated in the bedroom, said Gordon ordered Childers two times to leave the bedroom to talk to Ford so that Gordon could continue interviewing Tamara in the bedroom. Childers refused both times. After his second refusal, Gordon attempted to handcuff Childers. Childers physically resisted, and the officers struggled to subdue him. Ford deployed his taser, and Gordon secured the handcuffs on Childers.
Childers filed suit and, relevant to this motion, asserts federal claims against Gordon based on unlawful search and entry and unlawful seizure. Gordon moves for summary judgment on the basis of qualified immunity. For the reasons discussed in this Opinion, the Court finds that Gordon is entitled to qualified immunity on both claims and will grant the motion for summary judgment.
On January 24, 2019, Wilma called HPD Dispatch to report that Tamara and Childers were involved in a domestic disturbance. (See Doc. 28-B.) Wilma stated that the altercation was "physical." (Id. at 1.) She did not know whether either Tamara or Childers had a weapon. (See id.) Wilma told Dispatch that she was on oxygen, had heart problems, and was having trouble breathing, and she asked the operator to "hurry." (Id. at 1-2.)
Gordon heard this information and responded to the call. (See Doc. 28-A ¶¶ 2-3.) He arrived within ten minutes of Wilma's call and was joined by Ford. (Id. ¶ 4; see also Doc. 28-B at 1.) Gordon activated his body-worn camera (BWC), which recorded the entire interaction. (Doc. 28-A ¶ 5; see also Doc. 28-C.) Gordon approached the front entrance of the residence, a perforated metal screen door, and heard a woman's voice from inside tell the officers, "Come in." (Doc. 28-C at 0:00:00-17.) Gordon entered and saw a woman (Wilma) sitting on a couch in the living room. (Id. at 0:00:18-21.) He saw that she "had plastic tubing running from her nose to what appeared to be an oxygen tank[,]" which led him to infer that this was the woman who called Dispatch. (Doc. 28-A ¶¶ 13-14 (citations omitted).) He also noticed that she was barefoot and "inferred from her position in the room, her posture, demeanor and age that she was likely the head of the household."1 (Id. ¶ 16.) Gordon said, "Hi, what's going on?" (Doc. 28-C at 0:00:19-21.) Wilma responded, "Well they're arguing." (Id. at 0:00:22-24.) Gordon asked, "Where they at?" (Id. at 0:00:24.) Wilma said, "Right there," and pointed toward the hallway. (Id. at 0:00:25-26.)
Gordon moved in the direction Wilma pointed and immediately encountered Tamara. (See id. at 0:00:26-27.) He said to Tamara, "Hi, what's going on?" and she answered, (See id. at 0:00:26-36.) Gordon observed that Tamara appeared "worried or hesitant." (Doc. 28-A ¶ 47(d).) While Tamara talked, she walked through a short hallway and entered a bedroom. (Id. ¶ 34; Doc. 28-C at 0:00:26-36.) Gordon followed her, taking her actions to mean "that she wanted [him] to follow her lead." (See Doc. 28-A ¶ 29.) He noticed that Tamara, who was wearing a long sleep shirt, "was holding a towel in one hand and nursing what appeared to be a recent bloodied cut or injury to a finger of her other hand and an injury to her wrist." (Id. ¶¶ 23-24.)
As Tamara entered the bedroom, still talking, Gordon saw a man (Childers) sitting on the edge of the bed. (Id. ¶ 32.) From Tamara's behavior, Gordon believed that she had entered a shared bedroom. Gordon "did not notice any obvious injuries on" Childers. (Id. ¶ 37.) Childers did not express surprise at seeing the officers, nor did he get up or try to shut the bedroom door. (Id. ¶¶ 36, 38.) He calmly interjected, "Hey, um, look here, I'm gonna stop this here." (Doc. 28-C at 0:00:36-0:00:38.) Gordon said, "Okay," and Childers continued, "Y'all are not gonna talk in my bedroom cuz I'm pissed off." (Id. at 0:00:38-40.) Tamara said, "We've, we've been good, I meant he's . . . ." (Id. at 0:00:40-42.) Childers continued, "So could you all please go in there, or I can go outside while y'all talk." (Id. at 0:00:41-43.)
Gordon's "law enforcement training for domestic violence calls dictate[d] that [he] should interview the parties separately . . . ." (Doc. 28-A ¶ 43.) His "training and experience in responding to domestic violence calls had taught [him] that [victims] are often hesitant to provide details when police arrive and can be easily silenced if the perpetrator is there and creates a scene or distraction." (Id. ¶ 58.) Thus, when Gordon heard Childers "offer[ ] to step out of the room so" that Gordon could continue questioning Tamara, he took Childers "up on his offer . . . ." (Id. ¶ 49.) Gordon responded, "You come on out here with him," and Ford said, "Come on, come on over here."2 (Doc. 28-C at 0:00:43-44.) Childers said, "I'm not gonna go out with none of y'all guys." (Id. at 0:00:44-46.) Gordon and Childers talked over each other, both still calm, and Gordon again ordered Childers to leave the room to talk to Ford. (Id. at 0:00:46-48 ().) At this, Childers became more agitated, stating, "I'm not talking to a mother fucker cuz I'm not the one . . . ."3 (Id. at 0:00:48-50.) Gordon interpreted Childers's objection to be a "reversal on something that he had just proposed" and it suggested to Gordon that "the situation could be a lot more volatile than it appeared just a few seconds earlier . . . ." (Doc. 28-A ¶¶ 54-55.)
At this point, Gordon believed that Childers "was likely the primary aggressor in a domestic battery or at the least, a domestic assault, based on" his knowledge of the following: (1) Wilma's report that "the dispute had gotten 'physical' "; (2) Gordon's arrival to the residence within ten minutes of Wilma's call; (3) evidence of a recent injury to Tamara's finger and wrist; (4) Tamara's demeanor and her statement that Childers "had a temper tantrum," which Gordon understood to be "an angry outburst of emotion that can be verbal or physical or both"; (5) Childers's interrupting Tamara twice "as she attempted to recount what had happened";4 (6) Childers immediately telling Gordon that he was "pissed off," which Gordon took to mean that "the dispute, if over, was only recently ended and could erupt again"; (7) his belief that Tamara's behavior "was consistent with [his] observations of how many domestic violence victims behave when law enforcement arrives in response to a call by another family member, which is to minimize or excuse the aggression";5 (8) the signs that Tamara and Childers shared the bedroom (i.e., Tamara walked in unannounced and then picked up clothes while they talked); and (9) the lack of visible injuries on Childers. (See id. ¶ 47 (citations omitted).)
As soon as Childers cursed, Gordon walked toward him and said, " 'kay, 'kay, put your hands behind your back." (Doc. 28-C at 0:00:49-51.) Gordon stood up from the bed, backed away, and said, "Don't put your hands on me, I'm not bullshitting, mother fucker." (Id. at 0:00:50-52.) Gordon repeatedly ordered Childers to "Stop, stop right now," but Childers pulled his arm away and walked farther away from Gordon and into the bedroom. (Id. at 0:00:51-54.) Childers said, "I'm not fucking with you," and used his forearm to push Gordon away. (Id. at 0:00:54-57.) The video is not visually clear in the ensuing struggle, but there is the sound of a scuffle and then of a taser being deployed. (Id. at 0:00:54-58.) Gordon ordered Childers to "Put your hands behind your back right now, man." (Id. at 0:00:59-0:01:01.) Gordon turned Childers toward the bed and tried to secure his arms. (Id. at 0:01:01-04.) Ford put his taser directly on Childers's back, and Gordon ordered him repeatedly to stop and put his hands behind his back. (Id. 0:01:04-09.) Childers continued to struggle, and Ford warned him, (Id. at 0:01:04-15.) Childers said, "I'm not doin' shit, homie," and Gordon snapped the handcuffs into place. (Id. at 0:01:11-13.) Childers continued to curse, and Ford deployed the taser a second time. (Id. at 0:01:14-20.) Shortly thereafter, Gordon escorted Childers to his patrol car and completed his investigation. (See Doc. 28-A ¶¶ 93-94.)
On January 22, 2021, Childers filed a Complaint to Recover Damages for Violations of Civil Rights asserting several federal and state claims. (See Doc. 1 (Compl.).) Gordon now moves for summary judgment...
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