Harris v. City of Tulare

• Docket Number: 1:18-cv-01135-NONE-SKO
• Decision Date: 21 January 2022
• Citation: Harris v. City of Tulare, 1:18-cv-01135-NONE-SKO (E.D. Cal. Jan 21, 2022)
• Parties: ANYKA HARRIS and BOBBY REEDOM, Plaintiffs, v. CITY OF TULARE, et al., Defendants.
• Court: U.S. District Court — Eastern District of California

1

ANYKA HARRIS and BOBBY REEDOM, Plaintiffs, v. CITY OF TULARE, et al., Defendants.

No. 1:18-cv-01135-NONE-SKO

United States District Court, E.D. California

January 21, 2022

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT(DOC.NO 33)

INTRODUCTION

PlaintiffsAnyka Harris and Bobby Reedom(“plaintiffs”) were the mother and father, respectively, of Jontell Reedom(“Jontell”).On March 12, 2018, defendantsClemente Clinton(“Clinton”) and Jose Valencia(“Valencia”), who are police officers for defendantCity of Tulare(collectively “defendants”), shot and killed Jontell after responding to a dispatch report that a school-bus driver had been assaulted.Each plaintiff brought civil-rights actions in this federal court, which were consolidated and merged in this case.(Doc. No. 12.)On June 10, 2020, defendants filed a motion for summary judgment, which is now pending before the court.(Doc No. 33.)For the following reasons, defendants' motion will be granted in part and denied in part.^[1]

BACKGROUND

A.Factual Background

Unless otherwise noted, the facts set forth below are undisputed by the parties.

1.Relevant Aspects of Jontell's History

Jontell had previous contacts with both of the defendant officers.Within a year before the shooting, while on patrol, officer Clinton responded to a complaint of Jontell causing a disturbance.(Doc. No. 33-1 ¶¶ 15-18(Joint Statement of Undisputed Facts, “JS”);Clinton Deposition Transcriptat 62:4-21.)^[2] When officer Clinton contacted Jontell, Jontell was aggressive and confrontational, told Clinton he wanted to be left alone, and eventually walked away.(JS¶ 17.)Clinton did not use physical force during that encounter.(Id.¶ 18.)

Officer Valencia also had one or two prior encounters with Jontell in downtown Tulare.Jontell had been panhandling and had made patrons of a business uncomfortable.(Id.¶¶ 20-21.)Although Jontell was initially uncooperative with officer Valencia each time, he became cooperative after speaking with officer Valencia.(Id.¶ 23;ValenciaTr. 17:13-25.)Officer Valencia also had contact with Jontell on April 18, 2009, in connection with a dog taken from a backyard.(Doc.Nos. 39-1at 19;40-4 ¶ 98(defendants' objections to plaintiff Reedom's Separate Genuine Disputes of Fact, “PRDF”).)^[3]

Jontell had numerous other contacts with Tulare police officers.Indeed, plaintiff Reedom points to at least 53 other encounters Jontell had with the police, but it is unknown to what extent officers Clinton or Valencia were aware of these incidents.(PRDF ¶ 97.)

Plaintiff Reedom contends that Jontell had been prescribed olanzapine (brand name Zyprexa) to treat his schizophrenia.(PRDF ¶¶ 101, 105.)Defendants do not dispute that Jontell was treated with that medicine for schizophrenia.According to plaintiff Reedom, Clinton and Valencia were on notice of these facts.Plaintiff Reedom points to exhibit E of Edward Lyman's declaration, which are excerpts from Tulare police department reports.At times, plaintiff Reedom points to 54 pages of the reports; at other times, plaintiff Reedom points to several specific pages.(PRDF ¶¶ 101-105.)The cited pages do reflect that certain members of the Tulare Police Department were aware that Jontell had been prescribed psychiatric medications before his death.Once, for example, plaintiff Harris gave Tulare police officers Jontell's prescription medicine.(PRDF ¶ 104.)However, the record before the court on summary judgment does not establish that officers Clinton or Valencia were aware of Jontell's mental illness or of the medication he was prescribed to treat his condition.(Doc.No. 39-1at 10-11, 30.)

2.Initial Encounter

On March 12, 2018, police dispatch relayed to officers, including officers Clinton and Valencia, a report that an individual had just assaulted a school-bus driver.(JS¶¶ 1-2, 5.)The dispatcher did not provide any information about whether the suspect was armed or whether anyone had been injured but did inform the officers that the suspect-later identified as Jontell- was leaving the area on foot.(JS¶¶ 24-25.)^[4]

Officer Clinton responded to the scene first.(JS¶ 2.)Upon arrival he saw Jontell from his police car near the intersection of East Cross Avenue and Auburn Street but did not see any weapons, nor did he witness Jontell commit a crime.(JS¶ 26;ClintonTr. 18:5-17.)Clinton exited his vehicle and tried to speak with Jontell.(Id. 18:18-25.)Jontell replied, “fuck you, I don't even know if you're a real cop” and then stated to officer Clinton that he thought Clinton had slept with his girlfriend.(JS¶¶ 2, 27-28.)Jontell also told officer Clinton “ ‘Don't touch me' or words to that effect” and walked away.(JS¶¶ 3, 29;ClintonTr. 30:18-24.)

3.First Tasing and Beginning of the Fight

After Jontell walked away, officer Clinton ordered him to come back:

Q.What type of commands were you giving him when he was walking away from you?

A.I was telling him to stop, come here.He wasn't free to leave.I was trying to figure out what was going on.

Q.And that would have been as he was walking away from you, as you described?

A.Yes.

(ClintonTr. 33:17-24.)Jontell eventually stopped and turned back toward officer Clinton.(JS¶ 32.)A few seconds later, officer Clinton then deployed his taser on Jontell in probe/dart mode.(Id.;ClintonTr. 33:25-34:8.)Officer Clinton estimated that Jontell was four feet away when he tased him.(Id. 34:9-11.)Officer Clinton stated in a post-incident interview that Jontell's fists were closed when he was tased.(JS¶ 32;Doc.No. 33-10.)^[5] This tasing did not incapacitate Jontell, and he began punching officer Clinton.(JS¶ 4.)

Parts of what happened next are visible on a 60-second dashcam video taken by a civilian driver which has been submitted to the court as evidence on summary judgment.(Doc.No. 33-5(“Dashcam”).)The Dashcam first captures aspects of the police encounter with Jontell 27 seconds into the recording.At that point, two figures come into view on a sidewalk in the distance.One person in a white shirt (Jontell) and another in a black shirt (Clinton) are seen moving around.Based upon the court's review of the Dashcam video it is not clear what is taking place at this point of the recording.As the Dashcam gets closer to the action, the altercation becomes clearer.At 31 seconds in, the video shows Jontell and officer Clinton fighting.At 32 seconds in, Clinton falls to the ground, presumably due to the fight, and Jontell continues to punch him.At 37 seconds in, Jontell stops punching Clinton and can be seen standing above him.^[6]

Officer Clinton then pushed Jontell back using his feet to do so, Jontell walked away, and Clinton stood back up.(JS¶¶ 36-37; Clinton Tr. 35:4-36:14.)Officer Clinton then called for expedited backup and followed Jontell.(JS¶¶ 38-39;ClintonTr. 36:14-16.)

4.Officer Valencia Arrives and Tases Jontell Twice

Officer Valencia arrived on the scene at approximately this point and saw Jontell walking along East Cross Avenue towards Cherry Street.(JS¶ 40.)Jontell walked towards officer Valencia, who said “Jontell, stop.”(Id.¶ 42.)After Jontell replied, “I'm not stopping, ” and Valencia then tased him without giving any further warning.(Id.¶¶ 5, 42, 44.)Jontell ran away after officer Valencia's first tasing, and Valencia chased after him.(Id.¶ 48.)

This part of the altercation was also captured on a video which has also been submitted to the court on summary judgment.(Doc.No. 33-8(“Handheld Video”)).The Handheld Video appears to have been taken by bystanders from a car, most likely with a cell phone.It begins with a noise that could be the sound of a taser.One officer-apparently officer Clinton-is visible near a police car.Jontell and the other officer-apparently officer Valencia-are obscured by a bush.At three seconds into the video, however, Jontell can be seen running away.At eight seconds in, there is a popping sound while officer Valencia is seen with his arm outstretched.It is undisputed that this was the second time officer Valencia tased Jontell.(JS¶ 49.)Jontell then is seen continuing to run away, and officer Valencia chases him.(Handheld Videoat 0:09-15;JS¶ 52.)Jontell stopped running and Valencia is seen catching up to him.(Handheld Video at 0:17.)At this point in the video, Valencia “drive-stunned [Jontell] with his Taser, ” and the two began punching each other.(JS¶¶ 8, 53-54, 57;Handheld Videoat 0:17-23.)

5.Valencia's Baton

The Handheld Video next shows Jontell and officer Valencia each taking a few steps back from one another after exchanging more punches.(Handheld Videoat 0:19-20.)At 22 seconds into the Handheld Video, Valencia retrieves his baton and begins to advance toward Jontell.(AccordJS¶ 57.)Valencia is then seen swinging the baton at Jontell.(Handheld Videoat 0:23- 25.)The parties dispute, however, whether officer Valencia hit Jontell with the baton.(SeeJS¶¶ 9, 61.)Valencia testified that he missed.(ValenciaTr. 28:7-12.)The Handheld Video does not clearly establish whether he did in fact hit Jontell.(Handheld Videoat 0:21-24.)However, the parties do not dispute that according to the autopsy report, Jontell's body also showed “four distinctly colored dots to his right upper chest and three linear dots to the lower right abdomen that could be consistent with taser marks” and that he also “sustained an elongate 2 1/8 inch abrasion to his mid abdomen consistent with a baton strike mark.”(JS¶¶ 94-95.)

Officer Clinton is next seen on the video catching up to the other two and deploying pepper spray at Jontell.(Handheld Videoat 0:25-31;JS¶¶ 10, 64.)After he sprayed Jontell,...