Corona v. Aguilar

• Decision Date: 27 May 2020
• Docket Number: No. 19-2147,19-2147
• Citation: 959 F.3d 1278
• Parties: Jorge Ray CORONA, Plaintiff - Appellee, v. Officer Brent AGUILAR, in his official capacity, Defendant - Appellant, and City of Clovis; Clovis Police Department ; Officer Travis Loomis, in his official capacity, Defendants.
• Court: U.S. Court of Appeals — Tenth Circuit

959 F.3d 1278

Jorge Ray CORONA, Plaintiff - Appellee,

v.Officer Brent AGUILAR, in his official capacity, Defendant - Appellant,andCity of Clovis; Clovis Police Department ; Officer Travis Loomis, in his official capacity, Defendants.

No. 19-2147

United States Court of Appeals, Tenth Circuit.

FILED May 27, 2020

Submitted on the briefs:^*

Mark D. Standridge and Cody R. Rogers, Jarmie & Rogers, P.C., Las Cruces, New Mexico, for Defendant-Appellant.

Daniel R. Lindsey, Lindsey Law Firm, LLC, Clovis, New Mexico, for Plaintiff-Appellee.

Before TYMKOVICH, Chief Judge, BALDOCK, and CARSON, Circuit Judges.

BALDOCK, Circuit Judge.

During a routine traffic stop in August 2014, Clovis Police Officer Brent Aguilar arrested Plaintiff Jorge Corona, a passenger in the back seat of the vehicle, after he did not produce identification in response to the officer’s demand for ID. Defendant Aguilar charged Plaintiff with (1) resisting, evading, or obstructing an officer and (2) concealing his identity. The district attorney’s office dismissed the concealing-identity charge, and a jury later acquitted Plaintiff of the charge against him for resisting, evading, or obstructing an officer.

Plaintiff subsequently sued the arresting officers, Defendant Aguilar and police officer Travis Loomis; the City of Clovis; and the Clovis Police Department for, among other things, alleged constitutional violations under 42 U.S.C. § 1983. As relevant here, Plaintiff alleges Defendant Aguilar violated his Fourth Amendment right to be free from unlawful arrest by arresting him without probable cause. Defendant Aguilar moved for partial summary judgment on Plaintiff’s unlawful-arrest claim based on qualified immunity, but the district court denied his motion.

In this interlocutory appeal, Defendant Aguilar argues the district court erred in denying him qualified immunity because, in his view, a reasonable officer could have believed probable cause existed to arrest Plaintiff during the traffic stop. We disagree. The district court properly concluded that a reasonable jury could find Defendant Aguilar arrested Plaintiff without probable cause. Additionally, clearly established law would have put a reasonable officer in Defendant Aguilar’s position on notice that his conduct violated Plaintiff’s Fourth Amendment right to be free from unlawful arrest. Defendant Aguilar is therefore not entitled to qualified immunity. Accordingly, exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

I.

Early in the morning of August 3, 2014, Defendant Aguilar was on patrol in Clovis, New Mexico, when he pulled over a car for speeding through a red light. After Defendant Aguilar approached the vehicle, he instructed the driver to roll down the back-passenger window and shined his flashlight into the rear driver’s-side window. Plaintiff, who was a passenger in the back seat, asked Defendant Aguilar why he stopped the vehicle. In response, Defendant Aguilar said he was not talking to Plaintiff. While continuing to shine his flashlight into the rear driver’s-side window, Defendant Aguilar asked the driver for her license, registration, and insurance documents. A few moments later, the driver handed some paperwork to Defendant Aguilar, who took the papers and asked the driver if she had her license with her.

While the driver searched for her license, Plaintiff again asked Defendant Aguilar why he stopped the vehicle. At this point, Defendant Aguilar did not suspect Plaintiff of committing any crime. In response to Plaintiff’s question, Defendant Aguilar said, "You’re not driving, buddy. You got ID?" Plaintiff responded, "Nah. Why you stopping us?" Defendant Aguilar replied, "Let me have your ID." Again, Plaintiff asked Defendant Aguilar why he stopped them, and Defendant Aguilar once again responded, "Let me have your ID." Plaintiff immediately asked again, "Why you stopping us?" Defendant Aguilar responded, "I’m going to ask you one more time, and then I’m going to place you under arrest," and asked Plaintiff for his ID. Plaintiff asked, "For what?" Defendant Aguilar then ordered Plaintiff to step out of the vehicle. During this approximately fifteen-second interaction, the driver continued to search for her license.

Plaintiff exited the vehicle and again asked Defendant Aguilar why he stopped them. Defendant Aguilar instructed Plaintiff to turn around, face the vehicle, and place his hands behind his back. As Defendant Aguilar was handcuffing Plaintiff, Plaintiff once more asked, "Why are you stopping us?" Plaintiff repeated his question and asked if Defendant Aguilar had a reason to pull them over, to which Defendant Aguilar replied, "Yes I do." Plaintiff asked, "For what?" And Defendant Aguilar told him not to worry about it.

Shortly thereafter, Officer Travis Loomis arrived on the scene. Defendant Aguilar told Officer Loomis that Plaintiff was under arrest for concealing his identity. In response, Plaintiff said, "Concealing ID, for what?" and repeatedly stated, "I didn’t conceal ID." Plaintiff further remarked, "You didn’t even ask me what my name was." While Defendant Aguilar led Plaintiff to the patrol car, Plaintiff repeatedly stated that he did not conceal his identity. Defendant Aguilar then told Plaintiff three times in a normal tone of voice, "Come on. Come on. Stop. Stop. Stop. Come on. I asked you for your ID." Defendant Aguilar then slammed Plaintiff to the ground and loudly commanded, "Stop, stop." A few moments later, Defendant Aguilar informed Plaintiff, "Now you are under arrest for resisting and evading too."

Following the arrest, Defendant Aguilar filed a criminal complaint charging Plaintiff with: (1) resisting, evading, or obstructing an officer, in violation of N.M. Stat. Ann. § 30–22–1 ; and (2) concealing identity, in violation of N.M. Stat. Ann. § 30-22–3. A magistrate judge determined probable cause existed in the complaint. But the district attorney’s office dismissed the concealing-identity charge, and a jury later acquitted Plaintiff of the charge of resisting, evading, or obstructing an officer.

Plaintiff subsequently filed a civil action in New Mexico state court, which was then removed to federal court, alleging various state and federal claims against Defendant Aguilar, Officer Loomis, the City of Clovis, and the Clovis Police Department. As relevant here, Plaintiff asserted a 42 U.S.C. § 1983 claim against Defendant Aguilar alleging a violation of his Fourth Amendment right to be free from unlawful arrest. Defendant Aguilar filed a motion for partial summary judgment and argued he was entitled to qualified immunity on Plaintiff’s unlawful-arrest claim.

In a well-reasoned Memorandum Opinion and Order, the district court denied Defendant Aguilar’s motion with respect to Plaintiff’s unlawful-arrest claim. Corona v. City of Clovis , 406 F. Supp. 3d 1187 (D.N.M. 2019). The district court first determined that a reasonable jury could find Defendant Aguilar violated Plaintiff’s Fourth Amendment right by arresting him without probable cause. The district court then concluded Defendant Aguilar was not entitled to qualified immunity because Plaintiff’s right to be free from unlawful arrest under the circumstances here was clearly established at the relevant time. Defendant Aguilar timely appealed from the district court’s ruling.

II.

At issue on appeal is whether the district court erred in denying qualified immunity to Defendant Aguilar on Plaintiff’s § 1983 unlawful-arrest claim. Defendant Aguilar insists this denial was improper because, in his view, probable cause existed to arrest Plaintiff. Additionally, Defendant Aguilar argues he is entitled to qualified immunity even if he violated the Fourth Amendment because the contours of the right at issue were not clearly established at the relevant time. After setting forth the applicable standard of review, we address the merits of Defendant’s arguments.

A.

We review de novo a denial of a motion for summary judgment based on qualified immunity, with our review limited to purely legal issues. Quinn v. Young , 780 F.3d 998, 1004 (10th Cir. 2015). Because the doctrine of qualified immunity protects public officials from both liability and the burdens of litigation, our review of summary judgment rulings in this context differs from that applicable to other summary judgment decisions. Id. Specifically, when a defendant raises the qualified-immunity defense at summary judgment, the plaintiff must establish (1) the defendant violated a statutory or constitutional right and (2) that right was clearly established at the time of the defendant’s unlawful conduct. Id. If the plaintiff fails to satisfy either part of this two-part test, the defendant is entitled to qualified immunity. Estate of Ceballos v. Husk , 919 F.3d 1204, 1212 (10th Cir. 2019). In determining whether the plaintiff has shouldered this heavy burden, "we construe the facts in the light most favorable to the plaintiff as the non-movant." Quinn , 780 F.3d at 1004.

B.

Defendant Aguilar first contends he is entitled to qualified immunity because Plaintiff failed to show he was arrested without probable cause in violation of the Fourth Amendment. Specifically, Defendant Aguilar maintains probable cause existed to arrest Plaintiff for (1) resisting, evading, or obstructing an officer and (2) concealing identity when Plaintiff did not produce an ID after Defendant Aguilar demanded it.

A warrantless arrest violates the Fourth Amendment unless probable cause exists to believe a crime has been or is being committed. Id. at 1006. "Probable cause exists if facts and circumstances within the arresting officer’s knowledge and of which he or she has reasonably trustworthy information are sufficient to lead a prudent person to believe that the arrestee has committed or is committing an offense." Keylon v. City of Albuquerque , 535 F.3d 1210, 1216 (10th Cir. 2008) (quoting Romero v. Fay , 45 F.3d 1472, 1476 (10th Cir. 1995) ). In New Mexico, it is a misdemeanor to "con...