Dean v. City of Fresno
| Decision Date | 12 February 2008 |
| Docket Number | No. CV F 07-492 AWI SMS.,CV F 07-492 AWI SMS. |
| Citation | 546 F.Supp.2d 798 |
| Court | U.S. District Court — Eastern District of California |
| Parties | Eya DEAN, et. al., Plaintiffs, v. The CITY OF FRESNO, et. al., Defendants. |
William L. Schmidt, Law Offices of William L. Schmidt, Fresno, CA, for Plaintiffs.
James J. Arendt, Michael Robert Linden, Weakley, Ratliff, Arendt & McGuire, LLP, Fresno, CA, for Defendants.
ORDER ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT
This case arises from the death of Charles Dean ("Dean") while in the custody of the Fresno County Jail. Dean died from complications of cocaine ingestion. Plaintiffs are the spouse and children of Decedent and originally filed suit in the Fresno Superior Court. After a denied summary judgment motion, a granted motion for judgment on the pleadings, and the filing of an amended complaint that added federal causes of action, Defendants the City of Fresno ("Fresno") and Fresno police officers Curtis Davis ("Davis") and Frank Borrego ("Borrego") removed to this Court. Defendants now move for summary judgment on all claims. For the reasons that follow, Defendants' motion will be granted in part, and the case will be remanded to state court.
On December 16, 2002, Davis and Borrego were on patrol when, at 12:27 a.m., they received a radio report of gunshots being fired near MLK Ave. and Church Ave. See DUMF Nos. 1-2. While en route to the location, a woman contacted the officers and advised them that she heard gunshots in the area of Calwa Ave. and Bardell Ave. See DUMF No. 3. Almost immediately thereafter, the officers saw a car heading northbound on Bardell at a high rate of speed. See DUMF No. 4; Borrego Deposition at 13:23-14:3.2 The officers caught up to the car, identified it as a black Honda Civic, saw the license plate number, activated their overhead lights and attempted to make a traffic stop. See DUMF Nos. 5-6. The Civic continued eastbound at approximately 20 m.p.h. and did not yield to the officers. See DUMF No. 7. The officers saw the lone occupant of the Civic moving and reaching around in the car. DUMF No. 8. The Civic then turned southbound and pulled to the shoulder of the road. See DUMF No. 9.3 At about 12:42 a.m., the officers made contact with the Civic driver, Dean. DUMF No. 10. Borrego was the primary investigating officer and Davis was a backup officer. DUMF No. 15. Dean gave the officers permission to reach into his jacket pocket after informing the officers that he had a pager. See Plaintiffs Exhibit O at p. 3. Borrego located and removed a pager, $198.00, and what appeared to be a $10 amount of rock cocaine from Dean's jacket. DUMF No. 12. Borrego showed Dean the rock cocaine. DUMF No. 13. Also located in the car was an empty prescription vial that contained what appeared to be cocaine residue. DUMF No. 14. Based on the evidence found and on his training and experience, Borrego arrested Dean for possession of narcotics for sale, transportation of a controlled substance, and possession of a controlled substance — all felonies. See DUMF No. 16. Borrego informed Dean that Dean was being arrested on these charges.4 DUMF No. 17.
Dean was placed in the patrol car. While sitting in the back seat, Dean advised Borrego that Dean had vomited in the car. DUMF No. 18. Borrego asked Dean how he was doing, to which Dean responded that he was fine and that he had had a bad drink. DUMF No. 19.5 Borrego did not smell alcohol on Dean. See Plaintiffs' Exhibit O. Borrego then continued his paperwork and "did not keep an eye on" Dean while Dean was in the car. See Borrego Deposition at 26:14-24. Dean then told Borrego the he felt ill again and Borrego rolled down the windows of the patrol car. See DUMF No. 20. Borrego opened the rear door and Dean attempted to vomit, but only had dry heaves. DUMF No. 21. At that point, Borrego did not ask Dean anything further about why Dean vomited. See Borrego Deposition at 27:9-11. Because of the vomit on the floorboard of the car, Borrego requested a transportation wagon to pick Dean up and transport him to the Fresno Police Department Identification Bureau for processing. DUMF No. 22. While waiting for the wagon, Dean and Borrego stood outside of the patrol car and talked. DUMF No. 23. When Borrego asked Dean if he knew what was going on, Dean did not answer. See Plaintiffs Exhibit O at 3. While waiting for the wagon, Dean did not appear to be in any physical distress or ill in any way. See DUMF No. 24.6 Borrego again asked Dean how he felt, to which Dean responded that he was fine. DUMF No. 25. Borrego also gave Dean Miranda warnings. See DUMF No. 26. Dean indicated that he understood his rights, but did not want to give the officers a statement. See DUMF No. 27. At approximately 1:16 a.m., Dean was driven to Police Headquarters in a transportation wagon, while Borrego and Davis drove in their patrol car. DUMF No. 28.7
After arriving at headquarters, Borrego looked at the vomit on the floorboard of the patrol car, and saw what appeared to be four to six $5 pieces of rock cocaine in the vomit. DUMF No. 29. Borrego had begun to think that, if there had been cocaine in the prescription vial, Dean might have hidden cocaine in his mouth or maybe could have ingested cocaine. See Plaintiffs' Exhibit J at 21. Borrego showed Davis the rock cocaine. DUMF No. 30. Borrego retrieved the substances with disposable tweezers, and booked it into evidence at headquarters. DUMF No. 31. Borrego told Dean that he had located what appeared to be rock cocaine in his vomit, but Dean did not respond. DUMF No. 32. Borrego never searched Dean's mouth or had Dean open his mouth. PUMF No. 101. Based on their training and experience, as well as the events that had taken place up to that point in time, the officers declared that they believed that Dean had hidden the cocaine rocks in his mouth at some time prior to or during their contact with him. See DUMF No. 33. Dean never informed the officers that he had swallowed cocaine, even after he was told that he was arrested for drug possession and had been told that Borrego had found apparent cocaine rocks in the vomit. See Borrego Declaration at ¶ 13; DUMF No. 34. Borrego and Davis also testified that they did not think, or it did not occur to them, that Dean needed medical attention. See Borrego Deposition at 34:25-35:2; Davis Deposition 69:19-24. The officers declared that if Dean had indicated that he had swallowed cocaine, they would have requested the necessary medical care. See Borrego Declaration at ¶ 13; Davis Declaration at ¶ 9. Dean was then photographed and fingerprinted without incident. DUMF No. 36. While at police headquarters, Borrego again asked Dean how he was doing. DUMF No. 37. Dean responded that he was "fine." DUMF No. 38. Dean then put his shoes back on, was handcuffed, and placed into the officers' patrol car. DUMF Nos. 39-40. The officers then drove Dean to the Fresno County Jail, where at about 2:24 a.m., he was turned over to jail personnel for booking. DUMF No. 41. Borrego and Davis then returned to their substation to end their shift. DUMF No. 42.
When the officers took Dean to the Jail, they understood that the first step in processing an arrestee into the jail consisted of a medical screening conducted by a jail nurse and if the arrestee has any medical concerns they can be communicated to the jail nurse. DUMF No. 46. Borrego and Davis understood that the jail would not accept an arrestee who had an injury or medical condition that would require medical treatment. DUMF No. 47. They further understood that the arrestee will receive the necessary medical attention by jail medical staff.8 DUMF No. 48. Borrego did not tell anyone at the jail that Dean had vomited or that there were multiple pieces of rock cocaine in the vomit. See PUMF Nos. 116-117. According to Fresno Police Chief Dyer, if an arresting officer is aware that a suspect is ill, he has an obligation to so notify the nurse at the jail. See Dyer Deposition at 98:21-99:7. Officers report the medical condition of an arrestee so that the jail nurse can make an informed decision and assessment of whether to receive that person into the jail or perhaps to have the individual transported to the hospital. PUMF No. 155. The jail nurse should know if an arrestee has vomited and rock cocaine was in the vomit. PUMF No. 156.
According to the Coroner's Report, at approximately 2:48 a.m., Dean suffered a seizure while being booked at the Fresno County Jail and was transported via ambulance to University Medical Center. DUMF No. 43. Dean was pronounced dead several days later on December 20, 2002. See DUMF No. 44. According to the Autopsy Report, the cause of death was, "Complications of seizures following cocain use." Plaintiffs Exhibit E. The next line of the Autopsy Report states, "Sustained when the Dean ingested a toxic amount of cocaine at approximately 0040 hours on [December 16], 2002...." Id. If Dean had been treated for cocaine ingestion while he was still conscious and alert, it is highly likely that he would not have died. PUMF No. 217.
Also at 2:48 a..m., Fresno Police Sergeant Tucker, who appears to have been Borrego and Davis's immediate supervisor on December 16, 2002, was advised that Dean had suffered a seizure and was being taken to the hospital. See Plaintiffs' Exhibit H. After learning that Dean was having seizures, Borrego advised Sergeant Tucker that Dean had swallowed some rock cocaine prior to being arrested. PUMF No. 99. Borrego also told Tucker that Dean had vomited and that there were pieces of rock cocaine in Dean's vomit.9 PUMF No. 119. Tucker was concerned by what Borrego told him. PUMF No. 120. If Tucker had known that Dean had vomited rock cocaine, he would have called an ambulance. See Tucker Deposition at 29:9-15.
Borrego attended the police academy at Fresno City College in 1995 where he received his Basic POST...
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