Garcia v. Casuas, CIV 11-0011 JB/RHS
| Decision Date | 08 December 2011 |
| Docket Number | No. CIV 11-0011 JB/RHS,CIV 11-0011 JB/RHS |
| Parties | MITCHELL GARCIA, Plaintiff, v. MONICA CASUAS, and the CITY OF RIO RANCHO, Defendants. |
| Court | U.S. District Court — District of New Mexico |
THIS MATTER comes before the Court on Defendants Monica Casuas and the City of Rio Rancho's Motion for Summary Judgment and Memorandum in Support thereof, filed October 7, 2011 (Doc. 41)("MSJ"). The Court held a hearing on November 21, 2011. The primary issues are: (i) whether Defendant Monica Casaus had probable cause to arrest Plaintiff Mitchell Garcia; (ii) whether Casaus is entitled to qualified immunity on Garcia's 42 U.S.C. § 1983 arrest-without-probable-cause claim; (iii) whether Casaus initiated or continued the criminal proceedings against Garcia without probable cause; and (iv) whether Defendant City of Rio Rancho is liable for any constitutional violation that Casaus may have committed. The Court will grant in part and deny in part the Motion for Summary Judgment. The Court will grant the Motion for Summary Judgment with respect to Counts I and II. The Court concludes that, based on the undisputed facts, Casaus had probable cause to arrest Garcia, and that she is entitled to summary judgment in her favor on Garcia's 42 U.S.C. § 1983 false-arrest and malicious-prosecution claims. Because there is no underlying constitutional violation, the Court will also grant summary judgment in favor the City of Rio Rancho on Garcia's § 1983 municipal liability claims. The Court will not decide the Motionfor Summary Judgment with respect to Counts IV and V, because the Court's rulings on Counts I and II dispose of all the remaining federal claims in the case and because the Court will decline to exercise supplemental jurisdiction over the remaining state law claims. Accordingly, the Court will remand the remaining state law claims and the case to the Thirteenth Judicial District, Sandoval County, State of New Mexico.
Garcia attempts to dispute many of the Defendants' undisputed facts. Garcia has also included additional facts in his Plaintiffs' Response in Opposition to Defendants' Motion for Summary Judgment, filed October 21, 2011 (Doc. 46)("Response"). In contravention of D.N.M.LR-Civ. 56.1(b), Garcia did not number the facts in dispute or refer with particularity to the portions of the record upon which he relied to dispute them. Garcia included a factual background, which does not number or distinguish additional facts. See Response at 2-9. Furthermore, Garcia did not separate his disputes of fact from arguments regarding those facts. See Response at 10-35. The Defendants dispute what they consider Garcia's additional facts. See Defendants Reply Memorandum of Law in Support of Motion For Summary Judgment [Doc. 41], filed November 3, 2011 (Doc. 50)("Reply"). The Defendants also object to the manner in which Garcia has organized his facts in violation of the local rules, stating that Garcia "appears to expect Defendants and the Court to sift through the Response searching for what he believes constitute controverted facts." Reply at 2. The Court notes that Garcia has structured his facts and disputes of facts in a way that makes them difficult to navigate, and that it has expended a great deal of effort to organize and present these facts.
On January 26, 2010, Jennifer Katz invited two friends and their children to gather at herapartment at 4501 Sprint Boulevard, Northeast in Rio Rancho, New Mexico. See Declaration of Jennifer Katz ¶ 1, at 1, filed October 7, 2011 (Doc. 41-27)("Katz Decl."); Police Report of Officer Matt Phelps at 1 (dated January 29, 2010), filed October 7, 2011 (Doc. 41-5)("Phelps Report"); MSJ ¶ 1, at 3 (); Response at 35 (). One of these friends was Mitchell Garcia, who brought with him his son, age five, and daughter, age seven. See Katz Decl. ¶ 2, at 1; Declaration of Audrey Odom ¶¶ 2, 4, at 1, filed October 7, 2011 (Doc. 41-28)("Odom Decl."); MSJ ¶ 2, at 3-4 (); Response at 35 (). Garcia arrived sometime after 9:00 p.m. See Katz Decl. ¶ 2, at 1; Odom Decl. ¶ 4; MSJ ¶ 2, at 3-4 (); Response at 35 (). The other friend was Audrey Odom, who brought her son, K.J., age five, and her daughter, Kyler, age one and a half. See Katz Decl. ¶ 3, at 1; Odom Decl. ¶¶ 1, 3 at 1; MSJ ¶ 3, at 4 (); Response at 35 (). Katz' son, Christian, age four, was also at the apartment. See Katz Decl. ¶ 4, at 1; Odom Decl. ¶ 5, at 1; MSJ ¶ 4, at 4 (); Response at 35 (). Garcia met Odom for the first time on the evening of January 26, 2010, but knew Katz from working together at Express Scripts.1 See Deposition of Mitchell Garcia at 5:20-21, 8:16-17(dated August 31, 2011), filed October 21, 2011 (Doc. 46-2)("Garcia Depo."); Response at 3 ().2 Katz and Odom had known each other since June 2009. See Transcript of Grand JuryProceedings at 26:1-2 (March 4, 2010)(Johnston, Katz), filed October 21, 2011 (Doc. 46-4)("GJ Tr."); Response at 3 ().3
At around 10:00 p.m. the three adults began consuming alcoholic beverages. See Katz Decl. ¶ 5, at 1; Odom Decl. ¶ 6, at 1; MSJ ¶ 5, at 4 (); Response at 35 (). At some point later that evening, Katz and Odom left to go to Odom's nearby residence to retrieve some beer. See Katz Decl. ¶ 5, at 1; Odom Decl. ¶ 6, at 1; MSJ ¶ 5, at 4 (); Response at 35 (). This trip took ten to fifteen minutes. See Katz Decl. ¶ 5, at 1; Odom Decl. ¶ 6, at 1; MSJ ¶ 5, at 4 (); Response at 35 (). After returning to the apartment, Katz, Odom, and Garcia continued to drink and converse. See Katz Decl. ¶ 6, at 1-2; Odom Decl. ¶ 7, at 2; MSJ ¶ 6, at 4 (); Response at 35 (). At this point, four of the children were placed in Christian's room to sleep, while the youngest child, Kyler, was placed in a playpen in Katz' bedroom. See Katz Decl. ¶ 6, at 1-2; Odom Decl. ¶ 7, at 2; MSJ ¶ 6, at 4 (); Response at 35 (). Later on, Katz moved Christian to Katz' bedroom and placed K.J. on the bed in Christian's bedroom. See Katz Decl. ¶ 6, at 1-2; Odom Decl. ¶ 7, at 2; MSJ ¶ 6, at 4 (setting forththis fact); Response at 35 (). Garcia asserts that Odom attempted to pull down his pants, insisted on touching him, and continually asked him if he was interested in either Katz or Odom. See Garcia Depo. at 6:18-23; Response at 3 ().4 Before January 26, 2010, Garcia and Katz had engaged in sexual relations on at least two other occasions.5
Sometime thereafter, Katz and Odom stepped about fifteen feet outside of Katz' apartment to speak to Katz' neighbors. See Katz Decl. ¶ 7, at 2; Odom Decl. ¶ 8, at 2; MSJ ¶ 7, at 4 (); Response at 35 (). Garcia stated that he would watch the children. See Katz Decl. ¶ 7, at 2; Odom Decl. ¶ 8, at 2; MSJ ¶ 7, at 4 (); Response at 35 (). Garcia spilled beer on his pants and shirt in the kitchen. See Garcia Depo. at 87:17-25; Response at 4 ().6 At some point, Garcia passed out next to his daughter on the floor of Christian's bedroom. See Katz Decl. ¶ 7, at 2; Odom Decl.¶ 8, at 2; MSJ ¶ 7, at 4 (); Response at 35 (). From time to time, Katz or Odom would return to the apartment to check on the children. See Katz Decl. ¶ 8, at 2; Odom Decl. ¶ 9, at 2; MSJ ¶ 8, at 4-5 (); Response at 35 (). At about 4:00 a.m. on the morning of January 27, 2010, Katz returned to her apartment and discovered K.J. sitting on her living room couch and crying. See Katz Decl. ¶ 9, at 2; Odom Decl. ¶ 10, at 2; MSJ ¶ 9, at 5 ().7 Katz also noticed Garcia standing in the hallway,about ten feet away from K.J. See Katz Decl. ¶ 9, at 2; Police Report of Corporal Jeff Lepori at 7 (dated January 27, 2010), filed October 7, 2011 (Doc. 41-2)("Lepori Report"); MSJ ¶ 9, at 5 ().8 Katz asked Garcia what was wrong, and Garcia replied that he did not know. See Katz Decl. ¶ 10, at 2; Lepori Report at 7; Statement of Jennifer Katz at 1, filed October 7, 2011 (Doc. 41-4)("Katz Statement"); MSJ ¶ 10, at 5 ().9 Katz noticed that Garcia's pants were wet, and when she asked Garcia why his pants were wet, he replied "kids," before going to the bathroom. Katz Decl. ¶ 11, at 2; Katz Statement at 1; Lepori Report at 7; MSJ ¶ 11, at 5 ().10
Katz took K.J. into Christian's room and noticed that the bed was wet, but that K.J. was not. See Katz Decl. ¶ 12, at 2; Katz Statement at 1; Lepori Report at 7; MSJ ¶ 12, at 5 (). Katz asked K.J. why the bed was wet, K.J. replied that the "guy had done it" and that the guy had been laying next to him in the bed. Katz Decl. ¶ 12, at 2; Katz Statement at 1; Lepori Report at 7; Phelps Report at 1; MSJ ¶ 12, at 5 ().11 Katz asked K.J. if the guy had done anything else, and K.J. replied that the guy had pulled his pants down and hit him. See Katz Decl. ¶ 13, at 2; Katz Statement at 1; Lepori Report at 7; Phelps Report at 1; MSJ ¶ 13, at 5 ().12 Katz locked K.J. in Katz' bedroom and retrieved Odom, K.J.'s mother, and two neighbors, Andrew Szczepanski and David Dominguez, to escort Garcia and his children from her apartment. See Katz Decl. ¶ 14, at 3; Katz Statement at 1; Phelps Report at 1; MSJ ¶ 14, at 5 ().13 When Odom arrived, K.J. told her that...
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