Cline v. Roberts, 19-cv-02175-BLF
| Decision Date | 05 August 2021 |
| Docket Number | 19-cv-02175-BLF |
| Parties | DAVID DONALD CLINE, Plaintiff, v. A. ROBERTS, et al., Defendants. |
| Court | U.S. District Court — Northern District of California |
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT [RE: ECF 61, 62]
This case arises out of an encounter between the Santa Cruz County sheriffs and Plaintiff David Cline and his late mother Kathryn Cline. What began as a welfare check ended with Mr Cline knocked unconscious by a taser and his mother left to fend for herself after a fall that broke her hip.
Mr Cline has brought suit against the County of Santa Cruz Sheriff James Hart, and deputy sheriffs Adam Roberts and Ethan Rumrill. See Second Am. Compl. (“2AC”), ECF 47. Mr. Cline brings claims under 42 U.S.C. § 1983 for prolonged detention, lack of probable cause to arrest, excessive force, and Monell[1] liability; California Civil Code § 52.1, the “Bane Act”; and a common law claim for assault. See 2AC. Before the Court are dueling motions for summary judgment. See Pl.'s Mot., ECF 61. Defs.' Mot., ECF 62. For the reasons stated herein, the Court GRANTS IN PART and DENIES IN PART Mr. Cline's motion and GRANTS IN PART and DENIES IN PART Defendants' motion.
On July 15, 2017, Mr. Cline and his mother were living in their white Dodge pickup with a camper shell and parked at Felton Covered Bridge Park. Decl. of Jonathan Gettleman (“Gettleman Decl.”), Ex. M, Rumrill Incident Report 18, 20, ECF 69-3. Ms. Kathryn Cline was 87 years old at the time. Id. 16.
Earlier that day, while walking to the public bathroom in the park, Ms. Cline fell, landing on her hip and hitting her head. Decl. of Elizabeth M. Caballero (“Caballero Decl.”), Ex. C, Rumrill Dep. 62:6-10, ECF 61-1; Ex. N, Cline RFA 231, ECF 61-1. Mr. Cline reported to the officers that, in the process of falling, she re-injured a pre-existing head wound. Ex. C, Rumrill Dep. 62:1-13, ECF 61-1. Mr. Cline picked her up, carried her to the car, and went across the street to a Valero gas station to get ice for her leg. Caballero Decl., Ex. F, David Cline Dep. 106:4-13, ECF 61-1. Mr. Cline testified that he tried to convince his mother to go to the hospital, but, according to him, she wanted to wait and see how she felt after the ice and said about her hip, “it doesn't hurt that much.” Id. 106:4-22. Bystanders who were familiar with the Clines also testified that Mr. Cline was trying to convince his mother to go to the hospital, but she was refusing. Gettleman Decl., Ex. Z, Decl. of Jonney Hughes, ECF 69-5; Ex. AA, Decl. of John Welborn, ECF 69-5.
Unbeknownst to the Clines, a witness had contacted the Santa Cruz County Sheriff's Office and requested a welfare check for Ms. Cline. Ex. M, Rumrill Incident Report 18, ECF 69-3. The parties do not dispute that Ms. Cline's injuries occurred one to three hours before the deputies arrived on the scene. Ex. C, Rumrill Dep. 60:21-25, ECF 61-1. Defendant Roberts testified that, at the time of the incident, he was not familiar with his department's adult abuse policy, including the policies for investigating and reporting abuse. Caballero Decl., Ex. A, Roberts Dep. 24:24-26:10, ECF 61-1. Defendant Rumrill testified that he was not familiar with aspects of the policy as well. Ex. C, Rumrill Dep., 105:7-106:22, ECF 61-1.
Defendant Rumrill was the first deputy to encounter the Clines, and when he asked Mr. Cline to produce his identification, Mr. Cline refused, stating, “I have rights.” Ex. C., Rumrill Dep. 46:14-47:4, ECF 61-1. Defendant Rumrill informed Mr. Cline that he was being detained because he was refusing to provide identification. Id. 46:22-25. Defendant Rumrill further informed Mr. Cline that he was being detained because he had “a bleeding woman sitting right next to you in your truck.” Ex. B., BodyCam Tr. 38:9-12, ECF 62-5. Mr. Cline informed Defendant Rumrill that this woman was his mother. Id. 38:13. Mr. Cline also produced his identification as requested shortly after being informed that he was detained. Ex. C., Rumrill Dep. 119:14-18, ECF 61-1. This detention lasted 40 minutes. Id. 47:23-48:10. Mr. Cline informed Defendant Rumrill that his mother might have a broken hip. Ex. B, BodyCam Tr. 49:3-12, ECF 62-5.
The Parties describe Mr. Cline's behavior during the 40-minute encounter in significantly different ways. Mr. Cline claims that he sat in the vehicle and politely answered the deputies' questions. Pl.'s Mot. 5. Defendants claim that Mr. Cline was “agitated.” Defs.' Mot. 9.
The parties do not dispute that Mr. Cline told Defendant Rumrill that he would take his mother to the hospital prior to Defendant Rumrill detaining him. Ex. C., Rumrill Dep. 62:19-21, ECF 61-1 ( ). Defendant Rumrill also acknowledged that Mr. Cline was not the cause of his mother's injuries. Id. 62:5-13, 108:6-13 (“I had no indication that he had ever been physically abusive towards her.”). The Parties also do not dispute that Ms. Cline clearly and affirmatively refused to go to the hospital shortly after Defendant Rumrill began talking to the Clines. Id. 48:11-15. Ms. Cline repeated this sentiment multiple times. Id. 48:11-20. Mr. Cline explained that he believed Ms. Cline's pre-existing headwound, which had formed a visible protrusion, was a spider bite, and Ms. Cline had previously been to the hospital to have it examined. Ex. B, BodyCam Tr. 37:6-11, ECF 62-5. Defendant Rumrill acknowledged that he had no information that Ms. Cline's pre-existing head injury required immediate medical treatment prior to her fall in the park on July 15. Ex. C., Rumrill Dep. 111:4-6, ECF 61-1.
Defendant Rumrill started talking to Ms. Cline, and she immediately told him “Well, I don't go to the hospital because they kill you there.” Ex. B, BodyCam Tr. 43:18-19, ECF 62-5. Defendant Rumrill called for paramedics. Id. 39:8-11; Ex. M, Rumrill Incident Report 19, ECF 69-3. Later in the conversation, she said, “I don't need any medical care, ” and “I don't want to be put in the hospital.” Ex. B, BodyCam Tr. 50:22, 24-25, ECF 62-5. After speaking with Ms. Cline, Defendant Rumrill acknowledged she was lucid and did not want to go get medical care. Id. 52:7-9. He also understood that she could not be forced to go to the hospital unless she was “altered, ” and Defendant Rumrill stated that he did not think that was the case because Id. 57:14-20. Paramedics put a bandage on her head wound. Id. 75:19-21.
Defendant Roberts arrived on the scene after the arrival of the paramedics. Ex. B, BodyCam Tr. 53:20-24, ECF 62-5. During the course of the detention, prior to Mr. Cline exiting his car, Defendant Rumrill acknowledged that it would be tough to arrest Mr. Cline “on a felony or arrest him at all.” Id. 57:1-9; Ex. A., Roberts Dep. 52:19-24, ECF 61-1.
Immediately prior to exiting his vehicle, Mr. Cline again told the deputies that he would drive his mother to the hospital. Ex. C, Rumrill Dep. 66:22-67:2, ECF 61-1. Mr. Cline said that he wanted to take his mother himself versus her going in an ambulance because they could not afford an ambulance, which Defendant Rumrill testified was a reasonable concern. Id. 66:22-67:9; Ex. B, BodyCam Tr. 3-11, ECF 62-5.
Defendant Rumrill, despite previously acknowledging that he had no legal authority to force Ms. Cline to go to the hospital, told Mr. Cline that the ambulance was already here, so they were going to take his mother to the hospital. Ex. B, BodyCam Tr. 59:12-13, ECF 62-5. Mr. Cline responded, Id. 59:14-19. Mr. Cline then exited his vehicle. See Caballero Decl., Ex. Q, BodyCam Video, ECF 61-1. Defendant Rumrill testified that neither he nor Defendant Roberts ever told Mr. Cline that he could not exit his vehicle. Ex. C, Rumrill Dep. 87:18-21, ECF 61-1.
The Parties draw different conclusions from the same BodyCam footage, characterizing Mr. Cline's mannerisms and actions quite differently. See Pl.'s Mot. 9-11; Defs.' Mot. 11-12. Defendant Rumrill told Mr. Cline to calm down, and Mr. Cline responded, “[h]ey, I'm telling you to fuck off and leave me alone.” Ex. B, BodyCam Tr. 59:18-25, ECF 62-5. At this point, the Parties agree that Mr. Cline was agitated. Pl.'s Mot. 10. Defendant Roberts had his bright yellow taser clearly pointed at Mr. Cline. Ex. Q, BodyCam Video, ECF 61-1. Mr. Cline was simultaneously told by Defendants Rumrill and Roberts to turn around and put his hands behind his back. Id. Mr. Cline did turn around, but he reached for his car door. Id. Defendant Roberts responded by deploying his taser into Mr. Cline's back. Id. Mr. Cline instantly fell backwards, splitting open his head on the pavement and knocking himself unconscious. Id.; Ex. A, Roberts Dep. 152:3-5, 153:2-8, ECF 61-1. A pool of blood began to form on the pavement. Ex. Q, BodyCam Video, ECF 61-1; Ex. A, Roberts Dep. 153:2-8, ECF 61-1. A witness stated, Ex. AA, Decl. of John Welborn, ECF 69-5. The Defendant deputies took the time to handcuff the unconscious Mr. Cline before calling the paramedics to render aid. Ex. Q, BodyCam Video, ECF 61-1; Ex. AA, Decl. of John Welborn, ECF 69-5.
Jacob Ainsworth, a patrol supervisor, arrived on the scene after Mr. Cline had been handcuffed. Gettleman Decl., Ex. E,...
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