Hernandez v. Frias

• Decision Date: 15 March 2011
• Docket Number: No. CIV 10-0351 JB/LAM,CIV 10-0351 JB/LAM
• Parties: DELIA HERNANDEZ, as Personal Representative of the Estate of Antonio Medrano, Jr., and JOANN VILLA, Individually and as Parent and Next Friend of S.M. and H.M., Plaintiffs, v. MANUEL ("MANNY") FRIAS, ISAIAH BAKER, JOHN AND JANE DOES I-IV, Individually and in their Official Capacity as Members of the Las Cruces Police Department, and the CITY OF LAS CRUCES, Defendants.
• Court: U.S. District Court — District of New Mexico

DELIA HERNANDEZ, as Personal Representative of the Estate of Antonio Medrano, Jr.,and JOANN VILLA, Individually and as Parent and Next Friend of S.M. and H.M., Plaintiffs, v. MANUEL ("MANNY") FRIAS, ISAIAH BAKER, JOHN AND JANE DOES I-IV,

Individually and in their Official Capacity as Members of the Las Cruces Police Department,

and the CITY OF LAS CRUCES, Defendants.

No. CIV 10-0351 JB/LAM

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

March 15, 2011

MEMORANDUM OPINION AND ORDER

THIS MATTER comes before the Court on the Defendants' Motion to Dismiss for Failure to State a Claim and in the Alternative, Motion for Summary Judgment, filed June 21, 2010 (Doc. 5)("Motion"). The Court held a hearing on January 3, 2010. The primary issues are: (i) whether Defendant Officers Manuel Frias and Isaiah Baker used excessive force when they shot and killed Antonio Medrano; (ii) whether Defendant City of Las Cruces violated Medrano's infant children's Fourth Amendment rights or Plaintiff Joann Villa's procedural or substantive due-process rights when, following Medrano's shooting, it took the children into custody for questioning without parental consent; (iii) whether the Plaintiffs have established a claim of supervisor liability against the City of Las Cruces; (iv) whether sovereign immunity bars the Plaintiffs' tort claims under the New Mexico Tort Claims Act, NMSA 1978, § 41-4-1 through 41-4-27 ("NMTCA"); (v) whether the Plaintiffs have established a claim under the New Mexico Inspection of Public Records Act, NMSA 1978, §§ 14-2-1 through 14-2-12 ("NMIPRA"); and (vi) whether the Court should dismiss the Plaintiffs' punitive damages Count. The Court grants the Motion in part and denies it in part. The Court: (i) denies the Defendants' request that it grant summary judgment on the Plaintiffs' constitutional and NMTCA excessive force claims; (ii) denies the Defendants' request that it grant summary judgment on the Plaintiffs' constitutional claims on behalf of Villa and her children; (iii) denies the Defendants' request that it grant summary judgment on the Plaintiffs' NMIPRA claim; (iv) denies the Defendants' request that it dismiss the Plaintiffs' supervisor liability claim; (v) dismisses the Plaintiffs' bystander NMTCA claim; and (vi) because punitive damages are not an independent claim, the Court dismisses the Plaintiffs' punitive damages Count without prejudice to the Plaintiffs seeking punitive damages under its surviving Counts.

FACTUAL BACKGROUND

On January 17, 2010, Medrano and Villa agreed to meet in a local park with their children, S.V. and H.V. See Affidavit of JoAnn Villa ¶¶ 1 and 2, at 1 (undated, unsigned, and unnotarized),¹ filed November 24, 2010 (Doc. 16-5); Plaintiffs' Response to Defendants' Motion to Dismiss Or, in the Alternative, Motion for Summary Judgment ¶ 1, at 3, filed November 24, 2010 (Doc.16)("Response")(setting forth this fact); Reply at 3 (not controverting this fact).² At the park, Medrano and Villa argued, and Medrano shoved Villa and took his children to his mother's residence at 3006 Petunia in Las Cruces, New Mexico. See Villa Aff. ¶ 3, at 1; Response ¶ 2, at 3 (setting forth this fact); Reply at 3 (not controverting this fact).

A bystander called the police; Villa spoke with the police on the bystander's telephone at the park and then again when she arrived at her home a short time after. See Villa Aff. ¶¶ 4-5, at 1; Response ¶ 3, at 3 (setting forth this fact); Reply at 3 (not controverting this fact). Police officers arrived at Villa's residence; Villa related that Medrano had not hit her, but that he had pushed her and held her, and that he had taken their children. See Villa Aff. ¶¶ 4-5, at 1; Response ¶ 3, at 3 (setting forth this fact); Reply at 3 (not controverting this fact). When officers were at Villa's residence, Medrano called her residence; the officers would not allow Villa to speak with Medrano to try to calm him down, despite Medrano being obviously distraught. See Villa Aff. ¶¶ 6-7, at 1; Response ¶ 3, at 3-4 (setting forth this fact); Reply at 3 (not controverting this fact).

Frias and Baker were dispatched to investigate the incident. See Complaint for Wrongful Death, Violations of the New Mexico Inspection of Public Records Act, and Punitive Damages Arising from Violations of Decedent's Constitutional Rights ¶ 5, at 2, filed April 13, 2010 (Doc. 1)("Complaint"); Memorandum in Support of Defendants' Motion to Dismiss for Failure to State a Claim and in the Alternative, Motion for Summary Judgment ¶ 1, at 3, filed June 21, 2010 (Doc. 6)("Memorandum")(setting forth this fact); Response ¶ 1, at 2 (admitting this fact). The officers were alerted that Medrano had shoved Villa and might attempt "suicide by cop." Complaint ¶ 5, at 2. See Memorandum ¶ 1, at 3 (setting forth this fact); Response ¶ 1, at 2 (admitting this fact). The officers went to the house of Medrano's mother, where Medrano was at that time alone with his two children, ages two and three. See Complaint ¶ 6, at 2; Memorandum ¶ 2, at 3 (setting forth this fact); Response ¶ 1, at 2 (admitting this fact). At approximately 4:15 p.m., Hector Nevarez, who lives next door to the Medrano residence, saw a Las Cruces police officer arrive and park in front of one of the houses down the street. See Second Affidavit of Hector Nevarez ¶¶ 1-2, at 1 (executedNovember 22, 2010)(unnotarized), filed November 24, 2010 (Doc. 16-1); Response ¶ 5, at 4 (setting forth this fact); Reply at 3 (not controverting this fact). Nevarez came out of his house to see what was going on. See First Affidavit of Hector Nevarez ¶ 2, at 1 (executed June 18, 2010), filed June 21, 2010 (Doc. 6-3); Response ¶ 6, at 4 (setting forth this fact); Reply at 3 (not controverting this fact).

Frias and Baker arrived to find Medrano in the front yard holding a kitchen knife; they exited their vehicles with their rifles drawn, and Medrano retrieved a baseball bat from the passenger side of his pickup truck. See Complaint ¶¶ 7, 8, at 2; Affidavit of Willard Chadwick ¶¶ 7, 8, 10, at 2 (executed June 18, 2010), filed June 21, 2010 (Doc. 6-1); Affidavit of Henry Telles ¶¶ 3,6, 8, at 1-2 (executed May 28, 2010), filed June 21, 2010 (Doc. 6-2); First Nevarez Aff. ¶¶ 2, 5, 6, at 1, 2; Second Nevarez Aff. ¶¶ 3-5, at 1; Affidavit of Jeannine Reyes ¶¶ 4, 5, at 1, 2 (executed May 26, 2010), filed June 21, 2010 (Doc. 6-4); Affidavit of Amy Gonzalez ¶ 4, at 1 (executed May 18, 2010), filed June 21, 2010 (Doc. 6-5); Affidavit of Bennie Benavidez ¶ 3, at 1 (executed May 18, 2010), filed June 21, 2010 (Doc. 6-6); Affidavit of Beatrice Benavidez ¶ 3, at 1 (executed June 18, 2010), filed June 21, 2010 (Doc. 6-7); Affidavit of Carol Owensby ¶¶ 3, 4, at 1 (executed June 18, 2010), filed June 21, 2010 (Doc. 6-8); Affidavit of Robert Jones ¶ 5, at 1-2 (undated, unnotarized), filed November 24, 2010 (Doc. 16-3); Complaint ¶ 8, at 2 (setting forth this fact); Memorandum ¶¶ 3, 4, at 3, 4 (setting forth this fact); Response ¶ 1, at 2 (admitting this fact). A third officer, Stephen Montoya, arrived and drew a taser on Medrano. See Jones Aff. ¶¶ 5, 6, at 1-2; Second Nevarez Aff. ¶ 5, at 1 ("The third officer got out with what I thought was a handgun aimed at Mr. Medrano."); Response ¶ 8, at 1 (setting forth this fact); Reply at 3 (not controverting this fact).

The officers repeatedly instructed Medrano to drop his weapons. Specifically, Frias andBaker repeatedly told Medrano to drop the knife and bat. See Chadwick Aff. ¶¶ 8, 11, at 2; Telles Aff. ¶¶ 5, 6, 7, at 2; First Nevarez Aff. ¶¶ 4, 5, and 6, at 1-2; Second Nevarez Aff. ¶¶ 4, 6, at 1; Reyes Aff. ¶ 4, at 1; Gonzalez Aff. ¶ 4, at 1-2; Ben. Benavidez Aff. ¶ 4, at 1; Bea. Benavidez Aff. ¶ 4, at 1; Affidavit of Martha Lozano ¶ 4, at 1 (executed June 18, 2010), filed June 21, 2010 (Doc. 6-9); Complaint ¶ 10, at 2-3; Memorandum ¶ 5, at 4 (setting forth this fact); Response ¶ 1, at 2 (admitting this fact); id. ¶ 7, at 4 ("The officers repeatedly told Mr. Medrano to get on the ground and lay down his weapons."). While witnesses give conflicting accounts of Medrano's behavior, which are difficult to reconcile, the evidence most favorable to the Plaintiffs is that, instead of following the officers' orders, Medrano moved toward them, advancing little by little, with weapons in each hand, telling the officers repeatedly to shoot him. Compare First Nevarez Aff. ¶¶ 5, 7, at 2 ("[Medrano] was advancing little by little toward the officers. The officers stayed in the street."); Second Nevarez Aff. ¶ 7, at 1 ("Medrano moved very slowly down his driveway towards the police, taking a step and pausing with his arms at his side. He was using obscene language, telling the officers to 'shoot me.'"); Lozano Aff. ¶ 5, at 2 ("The man in the driveway continued to wave his arms around and was moving forward and backward, but was continually getting closer to the officers in the street."); Chadwick Aff. ¶ 11, at 2 ("Mr. Medrano continued to shout profanities at the officers and walked down the driveway toward them both. He had his hands raised at chest height with the weapons pointed up."), with Telles Aff. ¶¶ 5, 6, 7, 8, at 2 ("Medrano began walking toward both officers. I would describe his movements as taunting. . . . He then threw his chest out and leapt toward the officers"); Ben. Benavidez Aff. ¶¶ 4 and 5, at 1-2 ("Each time the officers told him to get down, he would lunge forward at them."); Bea. Benavidez ¶ 7, at 2 ("It seemed like the man was going forward faster, erratically swinging his arms and yelling at the officers and then Iheard the shots when he was almost at the edge of the street."); Owensby Aff. ¶ 6, at 2 ("The man in the driveway made a lunge toward the officer in the middle."). Complaint ¶¶ 9, 10, at 2-3; Memorandum ¶ 6, at 4 (setting forth this fact); Response ¶ 7, at 4 ("Medrano advanced very slowly down the driveway, taking a step and pausing with his arms at his side. . . . He kept asking the officers to shoot...