Corona v. City of Clovis

• Decision Date: 12 August 2019
• Docket Number: No. 2:17-cv-805 JCH/CG,2:17-cv-805 JCH/CG
• Citation: 406 F.Supp.3d 1187
• Parties: Jorge Ray CORONA, Plaintiff, v. CITY OF CLOVIS, Clovis Police Department, Officer Brent Aguilar, and Officer Travis Loomis, in their official capacities, Defendants.
• Court: U.S. District Court — District of New Mexico

406 F.Supp.3d 1187

Jorge Ray CORONA, Plaintiff,

v.CITY OF CLOVIS, Clovis Police Department, Officer Brent Aguilar, and Officer Travis Loomis, in their official capacities, Defendants.

No. 2:17-cv-805 JCH/CG

United States District Court, D. New Mexico.

Filed August 12, 2019

Daniel R. Lindsey, Daniel R. Lindsey Law Firm, Clovis, NM, for Plaintiff.

Mark D. Standridge, Cody R. Rogers, Jarmie & Rogers, P.C., Las Cruces, NM, for Defendants.

MEMORANDUM OPINION AND ORDER

Judith C. Herrera, United States District Court Judge

THIS MATTER is before the Court on Defendants' First Motion for Partial Summary Judgment and Memorandum in Support Thereof ("Motion for Summary Judgment") (ECF No. 41). After considering the parties' filings, the record, and the relevant law, the Court concludes that the motion for summary judgment should be granted as to Defendants' requests to dismiss Plaintiff's claim for violation of due process under the Fourteenth Amendment against Defendants Aguilar and Loomis and Plaintiff's § 1983 unlawful arrest claim against Defendant Loomis. In all other respects, the Court will deny the motion.

I. Legal Standard

Summary judgment is appropriate "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). A fact is "material" if it could have an effect on the outcome of the lawsuit.

Smothers v. Solvay Chems., Inc. , 740 F.3d 530, 538 (10th Cir. 2014) (citation omitted). A dispute over a material fact is "genuine" if the evidence presented could allow a rational jury to find in favor of the non-moving party. E.E.O.C. v. Horizon/CMS Healthcare Corp. , 220 F.3d 1184, 1190 (10th Cir. 2000) (internal citation omitted). In considering a summary judgment motion, the court views the facts in the light most favorable to the non-moving party and draws all reasonable inferences in his or her favor. Shero v. City of Grove , 510 F.3d 1196, 1200 (10th Cir. 2007).

A party seeking summary judgment bears the initial burden of showing that there is no genuine dispute as to any material fact. Adler v. Wal-Mart Stores, Inc. , 144 F.3d 664, 670 (10th Cir. 1998). When the movant does not have the burden of persuasion at trial, it can satisfy its burden at the summary judgment stage by identifying a lack of evidence on an essential element of the claim. Id. at 671. If the party seeking summary judgment satisfies its burden, the burden then shifts to the non-movant to go beyond the pleadings and set forth specific facts supported by reference to affidavits, deposition transcripts, or other admissible evidence. See id.

The incident in this case was captured, at least in part, on the police dashcam video, submitted as "Plaintiff's Exhibit 4," and from Officer Aguilar's lapel camera entitled "Plaintiff's Exhibit 3." In a case, such as this one, where there is a video recording capturing the events in question, a court should view the facts in the light depicted by the video recording. See Scott v. Harris , 550 U.S. 372, 380-81, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007). "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. Consequently, the facts set forth in the next section are drawn from the undisputed evidence; the video recording; and, for the facts not conclusively established in the video recording, those facts that are supported by admissible evidence and construed in the light most favorable to Plaintiff, the non-moving party.

II. Factual Background

Around 2:15 a.m. on August 3, 2014, Officer Brent Aguilar with the Clovis Police Department conducted a traffic stop after observing a vehicle speeding through a red light in Clovis, New Mexico. See Defs.' Mot. for Summ. J., Undisputed Facts ¶¶ 1-2, ECF No. 1. Immediately upon approaching the stopped vehicle, Officer Aguilar instructed the driver, Teshia Lujan, to roll down the back-passenger window while he shined his flashlight into the rear driver side window. See id. , Undisputed Fact ¶ 5; Pl.'s Ex. 3 at 00:17-:21. Plaintiff Jorge Corona, a passenger in the back seat of the vehicle, asked Officer Aguilar why he stopped the vehicle. Defs.' Mot. for Summ. J., Undisputed Fact ¶ 5; Pl.'s Ex. 3 at 00:17. In response, Officer Aguilar said he was not talking to him. Pl.'s Ex. 3 at 00:23-:24. While continuing to shine his flashlight into the rear driver side window, Officer Aguilar asked the driver for her license, registration, and insurance. Id. 00:25-:27. A few moments later, Ms. Lujan handed some papers out the window and Officer Aguilar took the paperwork from her and asked if she had her license with her. Id. at 00:46-:51.

While Ms. Lujan searched for her license, Mr. Corona asked Officer Aguilar why he stopped them. Defs.' Mot. for Summ. J., Undisputed Fact ¶ 5; Pl.'s Ex. 3 at 01:09-:11. Officer Aguilar did not suspect Mr. Corona of committing a crime at that point. Tr. 47:4-11, ECF No. 54 at 39. In response to Mr. Corona's question, Officer Aguilar stated, "You're not driving, buddy. You got ID?" Id. at 1:12-:13. Mr. Corona responded, "Nah. Why you stopping us?" Id. at 01:13-15. Officer Aguilar replied while shining his flashlight in the back window, "Let me have your ID." Id. at 01:16. Again, Mr. Corona asked why he stopped them, and Officer Aguilar once again replied, "Let me have your ID." Id. at 01:17-18. Mr. Corona immediately asked again, "Why you stopping us?" Id. at 01:19-20. Officer Aguilar responded, "I'm gonna ask you one more time and then I'm going to place you under arrest" and asked for his ID. Id. at 01:20-22. Mr. Corona asked, "for what?" Id. at 01:23. Officer Aguilar then ordered Mr. Corona to step out of the car. Id. at 01:24. During this approximately 15-second interaction, Ms. Lujan continued to search for her license. See id. at 01:09-:22.

Mr. Corona got out of the car while asking again why he was stopping them. Id. at 01:25-:35. Officer Aguilar instructed him to turn around and face the car with instructions to place his hands behind his back. Id. at 01:35-:39. As Mr. Corona was being handcuffed and placed against the car, he once more asked Officer Aguilar, "why are you stopping us?" Id. at 1:36-38. Mr. Corona repeated his question and asked if he has a reason to pull them over, to which Officer Aguilar replied, "Yes, I do." Id. at 1:38-1:48. When he asked, "for what?" Officer Aguilar told him not to worry about it. Id. 1:48-:52.

Around the same time, Officer Travis Loomis with the Clovis Police Department arrived on scene and approached the driver's-side window of the vehicle. See id. at 1:58-:59; Defs.' Mot. for Summ. J., Undisputed Fact ¶ 10. Upon seeing Officer Loomis, Officer Aguilar informed him that Mr. Corona had been placed under arrest for concealing ID. Pl.'s Ex. 3, 1:58-:59. In response, Mr. Corona said, "Concealing ID, for what?" and repeatedly said, "I didn't conceal ID." Id. at 2:00-07. Mr. Corona noted, "You didn't even ask me what my name was." Id. at 2:07-:08.

As Officer Aguilar led Mr. Corona to the patrol car while Mr. Corona repeated that he didn't conceal ID, Officer Aguilar told him three times in a normal tone of voice, "Come on. Come on. Stop. Stop. Stop. Come on. I asked you for your ID." Id. at 2:00-2:12. Officer Aguilar then slammed Mr. Corona down to the ground on the asphalt. See Pl.'s Ex. 4 at 3:57-4:00. Officer Aguilar commanded loudly, "Stop. Stop." See Pl.'s Ex. 3 at 2:12-:16; Pl.'s Ex. 4 at 4:00-:01. A few moments later, Officer Aguilar informed him, "Now you are under arrest for resisting and evading too." Pl.'s Ex. 3 at 2:22-:25.

Following Mr. Corona's arrest, Officer Aguilar charged him with resisting, evading, or obstructing an officer, in violation of N.M.S.A. § 30-22-1, and concealing identity, in violation of N.M.S.A. § 30-22-3. See Criminal Compl., ECF No. 54 at 28-29. A Curry County Magistrate Judge found probable cause existed in the complaint. Id. at 29. The district attorney's office dismissed the concealing identity charge. See Notice of Dismissal, ECF No. 54 at 42. After a trial, the jury acquitted Mr. Corona of the only charge before it of resisting, evading, or obstructing an officer. See Verdict, ECF No. 54 at 41. Mr. Corona then brought a civil lawsuit in the Ninth Judicial District of New Mexico, subsequently removed to this Court, alleging "assault, battery, wrongful arrest, prima facie tort, intentional infliction of emotional distress, pain and suffering, negligence, damages, misuse of process and malicious abuse of process and violation of 42 U.S.C. 1983" against the City of Clovis, the Clovis Police Department, and Officers Brent Aguilar and Travis Loomis. First Am. Compl., ECF No. 1-1 at 1. In a Memorandum Opinion and Order entered contemporaneously with this opinion, the Court dismissed Plaintiff's claims for prima facie tort, intentional infliction of emotional distress, conspiracy, negligence/negligent training, and municipal liability under § 1983.

Consequently, the claims that remain are as follows. Mr. Corona contends that Officer Aguilar's conduct exposed him to liability under the New Mexico Tort Claims Act ("NMTCA") for assault, battery, malicious abuse of process, and false arrest. First Am. Compl. 5, ECF No. 1-1. Further, Plaintiff asserts under the NMTCA a cause of action for malicious abuse of process against Officer Loomis. See id. Mr. Corona has also articulated a claim for violating the NMTCA against the Clovis Police Department and the City of Clovis, seeking to impute liability for Officers Aguilar and Loomis' conduct under the doctrine of respondeat superior. See Pl.'s Resp. to Mot. for Partial J. on the Pleadings 3, ECF No. 55 (citing Paragraph 48 of the First Amended Complaint and Weinstein v. City of Santa Fe ex rel. Santa Fe Police Department , 1996...