Favela v. City of Las Cruces ex rel. Las Cruces Police Dep't
| Decision Date | 06 January 2020 |
| Docket Number | No. CIV 17-0568 JB\SMV,CIV 17-0568 JB\SMV |
| Citation | 431 F.Supp.3d 1255 |
| Parties | Ruben O. FAVELA , Plaintiff, v. CITY OF LAS CRUCES EX REL. LAS CRUCES POLICE DEPARTMENT ; Las Cruces Police Officers Matthew Dollar and Manuel Soto; PHC-Las Cruces, Inc., a New Mexico Corporation, d/b/a Memorial Medical Center; Danielle Wilhelm, M.D.; James Proctor, R.N.; Jamie Pitts, R.N.; Jose Reveles, R.N.; Cassandria Branch, R.N., and John Doe Security Guards 1 and 2, Defendants. |
| Court | U.S. District Court — District of New Mexico |
Jose R. Coronado, Law Offices of Jose R. Coronado, Las Cruces, New Mexico, Attorney for the Plaintiff.
Damian L. Martínez, Haley R. Grant, Holt Mynatt Martínez P.C., Las Cruces, New Mexico, Attorneys for Defendants City of Las Cruces ex rel. Las Cruces Police Department, Matthew Dollar, and Manuel Soto .
John Scott Mann, Kathryn Brack Morrow, Mann Morrow, PLLC, Las Cruces, New Mexico, Attorneys for Defendants PHC-Las Cruces, Inc. d/b/a Memorial Medical Center, James Proctor, R.N., Jamie Pitts, R.N., Jose Reveles, R.N., and Cassandria Branch, R.N..
THIS MATTER comes before the Court on the Defendants' Motion for Summary Judgment, filed September 13, 2019 (Doc. 84)("MSJ"). The Court held a hearing on November 1, 2019. See Clerk's Minutes, filed November 1, 2019 (Doc. 117). The primary issue is whether, given that the Court has dismissed all federal claims in this case, the Court should decline to exercise supplemental jurisdiction over the remaining state law claims. The Court concludes that it will not exercise supplemental jurisdiction, because: (i) Plaintiff Ruben O. Favela has agreed that summary judgment is appropriate for Counts II, III, IV, VIII, and IX against Defendant Jamie Pitts, R.N., for Counts II, III, and IV against Defendants Memorial Medical Center, James Proctor, R.N., Jose Reveles, R.N., and Cassandria Branch, R.N., and for Counts VI and VII against Memorial Medical; (ii) all federal claims have been dismissed; (iii) the Court has dismissed all claims over which it has original jurisdiction; and (iv) New Mexico courts are better suited to resolve the remaining state-law claims. Accordingly, the Court remands the case.2
The Court draws the factual background from the parties' undisputed material facts in the Defendants' Motion and Supporting Memorandum for Qualified Immunity and Summary Judgment, filed February 6, 2018 (Doc. 30)("Motion"); the Response to Defendants' Motion and Supporting Memorandum for Qualified Immunity and Summary Judgment, filed March 15, 2018 (Doc. 36)("Response"); and the Defendants' Reply in Support of Motion and Supporting Memorandum for Qualified Immunity and Summary Judgment, filed March 29, 2018 (Doc. 37)("Reply"). The facts of this case are essentially undisputed. See Response at 2 (); Reply ¶¶ 1-9, at 2 ().
On April 13, 2016, Dollar, a police officer with the Las Cruces Police Department, observed Favela riding his motorcycle at approximately ninety miles per hour through an intersection that had a posted speed limit of thirty-five miles per hour. See Motion ¶¶ 1-2, at 4 ()(citing Affidavit of Matthew Dollar ¶¶ 3-7, at 1-2 (dated February 1, 2018), filed February 6, 2018 (Doc. 30-1)("Dollar Aff.")); Response at 2 (). Upon seeing Favela, Dollar activated the emergency lights on his police car and pursued Favela for a distance, pacing Favela at approximately seventy-five miles per hour. See Motion ¶¶ 3-4, at 4 ()(citing Dollar Aff. ¶¶ 8-9, at 2); Response at 2 (). Favela eventually slowed after Dollar activated the sirens on his police car, but he did not stop for another nine blocks, at which point Favela made a sharp U-turn and stopped his motorcycle on a city sidewalk in a position directly in front of Dollar's police car. See Motion ¶¶ 4-5, at 4 ()(citing Dollar Aff. ¶¶ 9-10, at 2); Response at 2 (). Dollar informed dispatch of his location, requested additional officers, and parked his police car in front of Favela, who had not yet dismounted his motorcycle or shut off its power. See Motion ¶¶ 6-8, at 4 ()(citing Dollar Aff. ¶¶ 11-15, at 2); Response at 2 (). Dollar then exited his police car with his sidearm drawn and ordered Favela to cut the power to his motorcycle. See Motion ¶ 8, at 4 ()(citing Dollar Aff. ¶¶ 13-15, at 2); Response at 2 (). After starting his motorcycle engine, Favela complied, at which point Dollar holstered his sidearm. See Motion ¶ 8, at 4 (setting forth this fact)(citing Dollar Aff. ¶¶ 13-15, at 2); Response at 2 ().
After Favela had shut off the power to this motorcycle, Dollar activated his lapel footage. See Motion ¶ 9, at 5 ()(citing Dollar Aff. ¶¶ 5,16, at 2; Matthew Dollar Lapel Video 1 at 00:35-00:40 (dated April 13, 2016), filed February 6, 2018 (Doc. 30-1)("Dollar Video 1")); Response at 2 (). As Favela dismounted his motorcycle, Dollar noticed what he believed to be a handgun protruding from underneath Favela's jacket. See Motion ¶¶ 10, 15, at 5 ()(citing Dollar Aff. ¶¶ 17, 22, at 2-3; Dollar Video 1 at 03:45-04:00, 01:30-01:35); Response at 2 (). Upon seeing the weapon, Dollar ordered Favela to turn around so Dollar could pat him down. See Motion ¶ 11, at 5 ()(citing Dollar Aff. ¶¶ 18 at 3; Dollar Video 1 at 00:35-00:40); Response at 2 (). Dollar eventually threatened to taser Favela before Dollar was able to pat down Favela. See Motion ¶¶ 11-13, at 5 ()(citing Dollar Aff. ¶¶ 18-20, at 3; Dollar Video 1 at 00:30-00:45, 00:40-01:00); Response at 2 (). Dollar then secured the handgun on Favela's person and placed Favela in handcuffs. See Motion ¶¶ 13-15, at 5 ()(citing Dollar Aff. ¶¶ 20-22, at 3; Dollar Video 1 at 00:40-01:00, 01:15-01:20, 01:30-01:35); Response at 2 (). During this time, Favela began sweating profusely in a manner that indicated to Dollar that Favela was under the influence of an intoxicating substance. See Motion ¶ 16, at 5 ()(citing Dollar Aff. ¶ 23, at 3; Dollar Video 1 at 01:50-1:55); Response at 2 (). Dollar then placed Favela in the back of his police car. See Motion ¶ 17, at 5 ()(citing Dollar Video 1 at 01:50-01:55); Response at 2 ().
Once in the back of Dollar's police car, Favela said that he was hot and felt that he may pass out. See Motion ¶ 19, at 6 ()(citing Dollar Aff. ¶ 25, at 3; Dollar Video 1 at 03:30-05:10); Response at 2 (). Favela repeatedly requested that Dollar take off Favela's jacket and neckband. See Motion ¶ 19, at 6 ()(citing Dollar Aff. ¶ 25, at 3; Dollar Video 1 at 03:30-05:10); Response at 2 (). After waiting for backup to arrive, Dollar removed Favela's neckband and opened the police car's door for Favela. See Motion ¶ 21, at 6 ()(citing Dollar Aff. ¶ 26, at 3; Dollar Video 1 at 05:20-06:45); Response at 2 (). Dollar then attempted to read Favela his Miranda 3 rights; Favela, however, passed out in the back of Dollar's police car as his Miranda rights were read to him. See Motion ¶¶ 22-23, at 6 ()(citing Dollar Aff. ¶ 27-29, at 3; Dollar Video 1 at 07:10-07:45, 08:00-08:15); Response at 2 (). At this point, other officers at the scene contacted emergency services to tend to Favela. See Motion ¶ 23, at 6 ()(citing Dollar Aff. ¶¶ 28-29, at 3; Dollar Video 1 at 08:00-08:15); Response at 2 (). Officers removed Favela from the back of Dollar's police car and laid Favela on the sidewalk while waiting for emergency services. See Motion ¶ 25, at 6 ()(citing Dollar Aff. ¶ 30, at 4; Dollar Video 1 at 10:20-10:45); Response at 2 (). Favela faded in and out of consciousness while being moved from the police car to the sidewalk. See Motion ¶ 25, at 6 ()(citing Dollar Aff. ¶ 30, at 4; Dollar Video 1 at 10:20-10:45); Response at 2 ().
While the officers were waiting for emergency personnel, Dollar requested that dispatch run a "Triple-I" check4 on Favela to determine whether Favela had any warrants. Motion ¶ 24, at 6 ()(citing Dollar Aff. ¶ 30, at 4; Dollar Video 1 at 13:10-13:50). See Response at 2 (). While waiting for this information from dispatch, Dollar informed other officers at the scene that Favela would be under arrest regardless what dispatch informed, because Favela had concealed a firearm without a permit. See Motion ¶ 27, at 7 ()(citing Dollar Aff. ¶ 31, at 4; Dollar Video 1 at 16:20-16:20); Response at 2 (). Dispatch then informed Dollar that Favela had a previous felony conviction for shooting from a vehicle. See Motion ¶ 26, at 7 ()(citing Dollar Aff. ¶¶ 30-32; Dollar Video 1 at 17:15-17:25); Response at 2 ().
Once emergency services arrived on the scene, Favela was loaded into an ambulance. See Motion ¶¶ 28-29, at 7 ()(citing Affidavit of Manuel Soto ¶¶ 6-8, at 1-2 (dated February 5, 2018), filed February 6, 2018 (Doc. 30-2)("Soto Aff."); Officer Manuel Soto Lapel Video 1 at...
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...deciding issues of state law when, as here, it is possible to do so.” Favela v. City of Las Cruces ex rel. Las Cruces Police Dep't, 431 F.Supp.3d 1255, 1279 (D.N.M. 2020); see also Johnson v. Goodwill Ind. of Denver, No. 18-cv-02574-GPG, 2018 WL 10483460, at *4 (D. Colo. Nov. 13, 2018) (“Cl......