Cotton v. City of Eureka

• Decision Date: 16 March 2012
• Docket Number: Case No. C 08–04386 SBA.
• Citation: 860 F.Supp.2d 999
• Parties: Siehna M. COTTON, a minor, by Megan McCLURE, her guardian ad litem; and Martin Cotton, Sr., an individual, Plaintiffs, v. CITY OF EUREKA, CALIFORNIA, a political subdivision of the State of California, County of Humboldt, California, a political subdivision of the State of California, et al., Defendants.
• Court: U.S. District Court — Eastern District of California

860 F.Supp.2d 999

Siehna M. COTTON, a minor, by Megan McCLURE, her guardian ad litem; and Martin Cotton, Sr., an individual, Plaintiffs,

v.CITY OF EUREKA, CALIFORNIA, a political subdivision of the State of California, County of Humboldt, California, a political subdivision of the State of California, et al., Defendants.

Case No. C 08–04386 SBA.

United States District Court,

N.D. California,

Oakland Division.

March 16, 2012.

Brian Edward Claypool, The Claypool Law Firm, Pasadena, CA, Dale Kristopher Galipo, Attorney at Law, Woodland Hills, CA, Vicki Ingrid Sarmiento, Law Offices of Vicki I. Sarmiento, Alhambra, CA, for Plaintiffs.

Nancy K. Delaney, Nicholas Robert Kloeppel, Mitchell Brisso Delaney & Vrieze, William Robert Bragg, Zwerdling, Bragg & Mainzer, LLP, Paul Michael Hagen, Eureka, CA, for Defendants.

ORDER DENYING DEFENDANTS' MOTION FOR JUDGMENT AS A MATTER OF LAW OR NEW TRIAL, AND DENYING DEFENDANTS' MOTION TO STAY ENFORCEMENT OF JUDGMENT

SAUNDRA BROWN ARMSTRONG, District Judge.

Plaintiffs Siehna Cotton and Martin Cotton, Sr., filed the instant survival and wrongful death action pursuant to 42 U.S.C. § 1983 following the death of their father and son, Martin Cotton II (“Decedent”), respectively, who died on August 7, 2007 after being severely beaten by City of Eureka Police Officers Justin Winkle, Adam Laird, and Gary Whitmer. The First Amended Complaint alleged federal claims for, inter alia, excessive force, deliberate indifference to serious medical needs and interference with familial relations, as well as supplemental state law causes of action. Plaintiffs' claims against the City of Eureka (“the City”) and the aforementioned officers in their individual capacity (collectively “Defendants” or “City Defendants”), proceeded to trial. On September 23, 2011, a jury returned a verdict for Plaintiffs and awarded $4,575,000 in compensatory and punitive damages.

The parties are presently before the Court on: (1) Defendants' Motion for Judgment as a Matter of Law, pursuant to Federal Rule of Civil Procedure 50(b), or in the Alternative, Motion for a New Trial, pursuant to Federal Rule of Civil Procedure 59; and (2) Defendants' Motion to Stay Enforcement of Judgment. Dkt. 256, 261. Having read and considered the papers filed in connection with this matter and being fully informed, the Court hereby DENIES both motions in their entirety. The Court, in its discretion, finds the motions suitable for resolution without oral argument. SeeFed.R.Civ.P. 78(b); N.D. Cal. Civ. L.R. 7–1(b).

I. BACKGROUNDA. Factual Summary

The following facts are taken from the testimony and evidence presented at trial and the record in this action. On or about August 9, 2007, the Decedent was involved in a fight with another individual, Kevin Healy (“Healy”), at the Eureka Rescue Mission (“Rescue Mission”) in Eureka, California. In response to a call from Bryan Hall (“Hall”), the manager of the Rescue Mission, Officers Laird and Winkle arrived on scene around 4:40 p.m. By the time the officers arrived, however, the Decedent's altercation with Healy had ceased.

The officers observed the Decedent standing alone near a fence outside the Rescue Mission, though they made no effort to confirm his identity. Officer Winkle directed the Decedent to place his hands behind his back. The Decedent did not respond, and instead, remained motionless. Although the Decedent neither threatened the officers nor appeared to pose a threat to anyone else, Officer Winkle immediately sprayed Decedent directly in his eyes with pepper spray in a purported effort to “detain” him. In response to being sprayed, the Decedent raised his hands towards his eyes, at which point Officer Winkle quickly delivered a right knee strike to the Decedent's midsection and forcefully pulled him down to the ground.

As the Decedent lay face down on the cement on his side with his hands underneath his body, Officer Winkle delivered eight to nine additional full-force knee strikes to the right and left side of the Decedent's body and repeatedly used both hands to shove the Decedent's head onto the cement sidewalk. Though Officer Winkle denied striking the Decedent's head, eyewitness Louis Valente (“Valente”) testified that he saw him use clenched “hammer” fists to strike the Decedent's head between five to ten times. Reporter's Partial Transcript of Proceedings, Sept. 14, 2011 (“9/14/11 RT”) at 6:18–8:7, 13:14–14:6. Valente described the sound of Officer Winkle's fist hitting the Decedent's head as “bone against bone” and “fist against skull.” Id. at 8:17–16. Witness Michael Gage (“Gage”) also testified that he observed the officers deliver multiple blows to the Decedent's head.

At trial, Officer Laird testified that he also repeatedly hit the Decedent with his metal baton, and kneed and kicked him with his boots numerous times. Officer Whitmer, who arrived shortly after Officers Winkle and Laird, jumped out of his patrol car, ran up to the Decedent, and kicked him in his rib area. He also struck the Decedent with his baton, sat on top of the Decedent (who still was on the ground), and sprayed him with pepper spray only seven inches from his face. During the fray, Officer Whitmer dropped his baton, which was then retrieved by Officer Laird, who then used it to hit the Decedent. Officer Whitmer also continued to kick the Decedent. Although all officers attempted to characterize the Decedent as non-compliant, they conceded at trial that he was not using force against them and did not threaten them or attempt to flee. Witnesses Valente and Gage also testified that the Decedent was not resisting the officers.

Officer Stephen Watson was next to arrive. After making his way through the crowd that had gathered, Officer Watson was asked to place a spit mask on the Decedent. Officer Tim Jones then showed up. By that point, the Decedent was already handcuffed and had a spit mask over his face. To control the Decedent while he was being searched, Officer Jones used his nunchukus (a martial arts weapon consisting of two sticks connected by a short chain or rope) on the Decedent's forearm and wrists. Unlike the other officers, there was no evidence that Officers Watson or Jones struck the Decedent with their fists, knees or batons or had sprayed him with pepper spray.

Despite the significant amount of force applied by Officers Laird, Winkle and Whitmer against the Decedent, they failed to call for an ambulance, take him to the hospital or otherwise seek any medical attentionfor him. Instead, they arrested the Decedent and took him directly to the Humboldt County Correctional Facility (“HCCF”) sally port, i.e., the underground parking area.¹ At trial, Defendants introduced video surveillance recordings taken from cameras located in the sally port and inside the facility which showed the officers and HCCF personnel brusquely escorting the Decedent, who appeared to have difficulty standing, from the patrol car directly to a sobering cell. Footage taken from inside the sobering cell shows the Decedent rolling around, grasping his head, and in apparent distress. Plaintiff's expert, Harry Bonnell, M.D., testified that the Decedent's behavior was indicative of a head injury, and that in observing the video, he was “watching a man die.” 9/16/11 RT at 53:19–23.

Decedent was not medically examined or treated while at the HCCF. The Decedent died in the sobering cell a few hours later. The County Coroner's autopsy report later concluded that the Decedent died of acute subdural hematoma (i.e., pooling of blood on the surface of the brain) caused by blunt force trauma. The coroner also noted bruising throughout the Decedent's body as well as internal hemorrhaging.

B. Procedural History

1. Pretrial Proceedings

Plaintiffs filed the instant action against the City Defendants, as well as the County of Humboldt and certain of its correctional officers at the HCCF (collectively “County Defendants”), based on their respective roles in the underlying events. The First Amended Complaint filed on May 21, 2009, alleged eight causes of action for: (1) excessive force in violation of the Fourth Amendment; (2) deliberate indifference to serious medical needs in violation of the Fourteenth Amendment; (3) supervisory liability under § 1983; (4) assault and battery; (5) violation of California Government Code § 845.6; (6) wrongful death; (7) survival damages; and (8) interference with familial association in violation of the Fourteenth Amendment.

Trial was scheduled to commence on January 10, 2011, with the pretrial conference to take place on December 14, 2010. Dkt. 139. The parties filed thirty-three motions in limine, which the Court resolved in a written order filed on December 14, 2010. Dkt. 147. On the same date, the Court held a pretrial conference, at which time it urged the parties to resume their settlement discussions. To that end, the Court vacated the trial date and referred the matter to Magistrate Judge Bernard Zimmerman for a mandatory settlement conference. Dkt. 148, 149. The action did not settle, however. As such, the Court rescheduled the pretrial conference to September 6, 2011, and set a new trial date of September 12, 2011. Dkt. 161. Since the trial date was not scheduled to commence for several months, the Court issued a scheduling order granting the City Defendants and County Defendants leave to file motions for summary judgment beyond the law and motion cut-off date which had previously lapsed. Dkt. 162.

In accordance with the Court's scheduling order, the County Defendants filed a motion for summary judgment with respect to all claims alleged in the FAC. Dkt. 167. The City Defendants filed a motion for partial summary judgment. Dkt. 178. On August 31, 2011, the Court issued an Order granting in part and denying in part both motions. Dkt. 208. As to the City Defendants, the Court granted their motion with respect to the claims alleged against Officers Watson and Jones. The Court...