Diaz v. New Mexico State Police S Jason Wright
| Decision Date | 22 March 2016 |
| Docket Number | No. Civ. 14-922 JCH/LAM,Civ. 14-922 JCH/LAM |
| Parties | JAIME DIAZ, Plaintiff, v. NEW MEXICO STATE POLICE OFFICERS JASON WRIGHT, MATHEW ROMERO, CORY CRAYTON, and JOHN WHITE, And SIERRA COUNTY DETENTION FACILITY ADMINISTRATOR CURTIS CHERRY, Defendants. |
| Court | U.S. District Court — District of New Mexico |
On April 30, 2015 Defendant New Mexico State Police Officers Jason Wright, Mathew Romero, Cory Crayton, and John White (collectively, "Defendant Officers") filed a Motion for Summary Judgment on Qualified Immunity (ECF No. 47). The Court, having considered the motion, briefs, evidence, applicable law, and otherwise being fully advised, concludes that the Defendant Officers are entitled to summary judgment and qualified immunity on Plaintiff's claims.
On the night of July 6, 2013, Defendant Officers received a dispatch reporting that a woman had been run over and dragged by a vehicle in a hit and run accident near the front entrance to Elephant Butte State Park (the "Park"). Defs.' Mot., Undisputed Fact ("UF") ¶¶ 1-2, ECF No. 47; Aff. of Cory Crayton ¶ 3, ECF No. 47-2. The vehicle belonged to Frank Beltran. Defs.' Mot., UF ¶ 1, ECF No. 47.
Then-New Mexico State Police ("NMSP") Sergeant Matthew Romero drove towards the main entrance of the Park to try to locate the suspect vehicle. Id., UF ¶ 2. While driving, Sergeant Romero learned a woman had been hurt and there was a crowd gathering. Id. Officer Johnathan White was also pursuing the vehicle. Id. Sergeant Romero was the first officer to arrive on scene. Id., UF ¶ 4. He observed an emergency vehicle and EMTs tending to a woman down on the ground. Id. He also saw a large man, who he later learned to be Plaintiff Jaime Diaz, yelling at the EMTs and everyone else. Id. Sergeant Romero believed that Plaintiff was interfering with the EMTs' work, so he asked Plaintiff to come talk to him. Id., UF ¶ 5.
While people from the crowd were pressing in, Mr. Diaz ranted and raved, yelling at Sgt. Romero to "fucking get that guy," and calling Sgt. Romero a "fucking pussy." Id., UF ¶ 6. Sgt. Romero tried to calm Mr. Diaz while trying to figure out what had happened. Id. Sgt. Romero could smell a strong odor of alcohol on Mr. Diaz's breath. Id., UF ¶ 7. As Mr. Diaz yelled and cursed at Sgt. Romero, spit flew from his mouth. Id. Mr. Diaz was extremely physically imposing. Id., UF ¶ 8. Based on Mr. Diaz's demeanor and behavior, it appeared that Mr. Diaz might assault Sgt. Romero at any moment. Id. He was so out of control that Officer Adrian Salas, fearing for Sgt. Romero's safety, asked Sgt. Romero if he wanted Officer Salas to place Plaintiff in custody for, at a minimum, disorderly conduct. Id.
Given the size difference between Sgt. Romero, who is 5 feet 7 inches, and Plaintiff, who is much larger and muscled, Sgt. Romero decided against attempting to arrest Plaintiff at that time for disorderly conduct, because he was concerned he would not be able to control Plaintiff without resorting to his mace or Taser. Id., UF ¶¶ 9, 13. He also did not want to escalate the situation, fearing that other angry, intoxicated family members there with Plaintiff might start a riot. Id., UF ¶ 10. Plaintiff continued to act in an extremely aggressive manner towards Sgt. Romero. Id., UF ¶ 11. Sgt. Romero believed that Plaintiff might attack him, so he told Plaintiffthat he needed to back off or he would taze him, to which Plaintiff responded, "Go ahead and fucking taze me." Id.
During this time, additional officers began to arrive at the scene. Id., UF ¶ 12. From past experience, Sgt. Romero knew that Officer Crayton was adept at calming people, so he asked Officer Crayton to take a statement from Plaintiff, but he had Officer Wright keep watch on them. See id. Officer Crayton observed that Plaintiff was acting loudly and obnoxiously, appeared drunk, and seemed to be looking for a fight. Id., UF ¶ 13.
As Officer Crayton attempted to calm Plaintiff, another man accompanied him. Id., UF ¶ 14. Both men were clearly intoxicated and very aggressive, making Officer Crayton uncomfortable. Id. Ultimately, Officer Crayton was able to calm Plaintiff enough to get a statement. Id., UF ¶ 15. Plaintiff told Officer Crayton that, after the driver, Mr. Beltran, cut him off, he got out of his vehicle and punched Mr. Beltran four times through the window and punched out the windows of Mr. Beltran's SUV. Id.
Officer Crayton interviewed Mr. Beltran's girlfriend and passenger, Christina Coyazo, who stated that Mr. Beltran and Mr. Diaz argued about Mr. Beltran's decision to merge in front of Mr. Diaz's vehicle, that Mr. Diaz pushed his wife into the vehicle and struck Mr. Beltran, and that Mr. Beltran drove away. See id., UF ¶ 16; Aff. for Arrest Warrant, ECF No. 47-8 at 6 of 8. Another eyewitness reported seeing Mr. Diaz punch Mr. Beltran. Def.'s Mot., UF ¶ 17, ECF No. 47; Aff. for Arrest Warrant, ECF No. 47-8 at 6 of 8. Sometime later, Plaintiff drove away from the scene in a car, still yelling "fuck you" out the window at Sgt. Romero. Def.'s Mot., UF ¶ 18, ECF NO. 47.
Based upon the information the officers gathered at the scene, they believed Plaintiff had been the instigator in the altercation and had committed the crimes of disorderly conduct andbattery against Frank Beltran. Id., UF ¶ 20. Officers from the Sierra County Sheriff's Office and the Truth or Consequences Police Department who were at the scene at the Park told the NMSP Officers that Mr. Diaz was notorious for fighting police and would likely fight them at the hospital. See id., UF ¶ 22; Aff. of Johnathan White ¶ 8, ECF No. 47-3. The Defendant Officers returned to the NMSP office to discuss their plans. Def.'s Mot., UF ¶ 21, ECF NO. 47. The Defendant Officers knew Mr. Diaz had gone to the hospital to be with his wife who was injured in the altercation. See Aff. of Jason Wright ¶ 13, ECF No. 47-4; Aff. of Cory Crayton ¶¶ 14-15, ECF No. 47-2. They decided to go to Sierra Vista Hospital to detain Plaintiff while they secured an arrest warrant. Id.
Sierra Vista Hospital has a small emergency room. Def.'s Mot., UF ¶ 23. Officer Salas had to transport Mr. Beltran to the hospital for a blood draw, and the officers did not want Plaintiff or his family to attack Mr. Beltran. Id., UF ¶¶ 19, 23. When Officer Salas transported Mr. Beltran to the hospital, he observed Mr. Diaz's family gathered outside the emergency room. Aff. of Adrian Salas ¶¶ 9-10, ECF No. 47-5. They were yelling and shouting about Mr. Beltran. Id. Officer Salas attempted to keep them calm and outside the emergency room. Id. Consequently, in addition to their belief that they had reasonable suspicion to detain Plaintiff to further their investigation, the officers wanted to ensure that Plaintiff was under control and separated from Mr. Beltran. Defs.' Mot., UF ¶ 23, ECF No. 47.
At approximately 11:54 p.m., Sergeant Romero, Officer Jonathan White, Officer Jason Wright, and Officer Clayton arrived at the Sierra Vista Memorial Hospital. See Criminal Compl., ECF No. 47-8 at 2 of 8; Aff. of Cory Crayton ¶ 16, ECF No. 47-2. Sgt. Romero was present as the supervisor and for officer safety reasons, but he consciously made an effort to stay behind the other three officers to try not to escalate the situation. Defs.' Mot. UF ¶ 24, ECF No. 47. Thefour officers entered the hospital room and Officer White approached Plaintiff, who was sitting in a wheelchair with an IV hooked in his arm. See Aff. of Cory Crayton ¶ 17, ECF No. 47-2; Dep. of Jaime Diaz 101:1-13, 105:1-19, ECF No. 52-1; Defs.' Ex. F, Hospital Recording, 2:50-3:18. Mr. Diaz's brother was standing next to him. Dep. of Jaime Diaz 112:17-24, ECF No. 52-1. Officer White asked if they could ask him some questions. Dep. of Jaime Diaz 28:22-25, 100:16-24, ECF No. 56-1. Mr. Diaz cursed at the officers and told them, in obscenity-laced terms, that he was not going to talk to them. See Defs.' Ex. F, Hospital Recording, 2:50-3:35.1 Mr. Diaz said that he was not going to talk to "you or any of these mother fuckers" until "that fucking pussy leaves," referring to "that fat mother fucker right there." Id. Officer White went over to Mr. Diaz to place him in handcuffs. See Aff. of Cory Crayton ¶ 18, ECF No. 47-2; Aff. of Johnathan White ¶¶ 10-11, ECF No. 47-3.
Mr. Diaz said, See Defs.' Ex. F, Hospital Recording, 2:50-3:35.2 An officer said,"So you're resisting," and within approximately 20 to 30 seconds of the officers entering the room, an officer grabbed Mr. Diaz, forcibly slamming him to the ground face first and one or more officers put their knees on the back of his head and neck as they handcuffed him with his arms behind him. See Aff. of Jaime Diaz 101:1-13, 105:1-19-106:20, 107:10-108:17, ECF No. 52-1; Defs.' Ex. F 2:50-4:26. Mr. Diaz felt like he was choking. See Dep. of Jaime Diaz 105:1-19, 107:10-108:17, ECF No. 52-1. Mr. Diaz said, "I'm not even fucking fighting you." Defs.' Ex. F, Hospital Recording, 2:50-3:35. As he lay on the floor, Mr. Diaz was not struggling. Dep. of Jaime Diaz 105:22-106:1, ECF No. 52-1. At some point during the handcuffing, the IV ripped out of Mr. Diaz's arm. See Dep. of Jaime Diaz 105:1-19, ECF No. 52-1; Aff. of Cory Crayton ¶ 19, ECF No. 47-2. An officer then stood Mr. Diaz up. See Dep. of Jaime Diaz 107:8-108:7, ECF No. 52-1. At no point did Mr. Diaz try to hit the officers. See id. at 105:25-106:5. Mr. Diaz's brother did not get involved in the altercation at all. See id. at 112:17-113:7.
Officer White then came up to Mr. Diaz and put his hands around his neck and started choking him. Id. at 108:18-24.3 The officers then put him on an examination bed. Id. at 112:13-16. The parties dispute whether Mr. Diaz actively resisted their efforts to restrain him in the exam room.4 While he was lying on the bed on his back, Officer White stood over him with hiselbow on Mr. Diaz's neck, choking him....
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