Ibarra v. Lee
| Decision Date | 21 September 2022 |
| Docket Number | 20-CV-598-TCK-SH |
| Parties | ROSALINDA IBARRA, as the Special Administratrix of the Estate of JORGE MARTINEZ, deceased, Plaintiff, v. CHEYENNE LEE, and THE BOARD OF COUNTY COMMISSIONERS OF ROGERS COUNTY, Defendants. |
| Court | U.S. District Court — Northern District of Oklahoma |
Before the Court are the Defendants Cheyenne Lee's and the Board of County Commissioners of Rogers County's Motions for Summary Judgment filed pursuant to Federal Rule of Civil Procedure 56. (Docs. 50, 51). Plaintiff filed Responses (Docs. 57, 58), and Defendants filed Replies. (Docs.61, 62).
Plaintiff brings this action, pursuant to 42 U.S.C. §1983. Plaintiff alleges that on the afternoon of March 13, 2020 Deputy Cheyenne Lee (“Deputy Lee” or “Lee”) entered the home of Plaintiff's decedent, Jorge Martinez (“Martinez”) “without warrant, consent, or justification, under the pretext of performing a welfare check on Martinez's children.” Complaint ¶ 17. Plaintiff claims that after illegally entering her home, Deputy Lee confronted Martinez and when Martinez objected to Deputy Lee's presence, Deputy Lee proceeded to arrest Martinez. Deputy Lee then allegedly took Martinez to the ground and shot him resulting in Martinez's death.
Defendants however, allege the following: Deputy Lee was faced with a life-threatening situation when he shot Martinez during an intense and violent struggle. Per the directions of a Rogers County Judge, Lee was on Martinez's premises (with the consent of his mother) to serve a protective order, due to allegations of domestic violence made by Sara Chapa. (“Chapa”). When Lee approached Martinez with the protective order, Martinez immediately cursed and threatened Deputy Lee and became aggressive and confrontational. Lee first attempted to calm Martinez and then attempted to arrest Martinez for making threats of violence. But Martinez actively resisted, and engaged in hostile and aggressive fighting with Lee. At one point, Lee reasonably believed Martinez was attempting to get a gun during the struggle and, at another point, Martinez's mother prevented Lee from obtaining access to his radio to call for help. Ultimately, Martinez escaped Lee's grasp, and began assaulting and battering Lee in the back room of the house, causing Lee to black-out and urinate on himself. During the struggle and in fear for his life, Lee managed to unholster his gun and fired a single shot striking Martinez in the chest.
A motion for summary judgment shall be granted “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). Federal Rule of Civil Procedure 56(a) “mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial.” Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986); Zamora v. Elite Logistics, Inc., 449 F.3d 1106, 1112 (10th Cir. 2006); Adler v. Wal-Mart Stores, Inc., 144 F.3d 664, 670 (10th Cir. 1998).
When the moving party has carried its burden, “its opponent must do more than simply show that there is some metaphysical doubt as to the material facts . . . Where the record taken as a whole could not lead a rational trier of fact to find for the non-moving party, there is no ‘genuine issue for trial.'" Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 586-87 (1986). Adler, 144 F.3d at 670.
Prior to March of 2020, Martinez had an extensive violent criminal history and spent numerous years incarcerated (as a minor and as an adult), including the rape of Chapa when she was a minor, and other violent crimes.[1] (Exhibit 1, Depo. of Chapa at 96-97; Exhibit 2, Petition for Protective Order at 2). Following his release from prison, Martinez began a tumultuous relationship with Chapa involving alcohol, drugs, threats, violence, and caused her to seek protection at a local women's shelter. (Exhibit 1 at 63-67; Exhibit 3, Depo. of M. Martinez at 18:13-22).
According to Chapa, on March 10, 2020, Martinez and Chapa left together on a trip and, while returning, Chapa believed Martinez had been drinking and had used drugs. While driving, he threatened her and showed her a gun, causing her to get scared. He said to her: “Don't be scared” and “Look what I got for you” and “Everything's going to be all right, I'm going to fix it.” (Exhibit 1 at 68-71). At a gas station, Chapa borrowed a phone and called her parents to come and get her; she also called Martinez from the bathroom of the gas station and told him she wanted to leave him. (Exhibit 1 at 70-74). The next day, Chapa called Martinez and requested that he give her the children,[2] and he said, and hung up the phone. (Exhibit 1 at 75).
Deputy Lee's involvement with Chapa and Martinez began on March 12, 2020, with a call from Chapa asking for a deputy to check on the welfare of her two children. Chapa told Lee what had occurred between her and Martinez the previous day. Lee attempted to check on Chapa's children that day but was unsuccessful.
On March 13, 2020, Lee was advised that Chapa had obtained a Protective Order for herself and her children against Martinez. The Oklahoma Department of Human Services and a local Rogers County District Court Judge were contacted. Lee was provided a copy of the Protective Order and was directed to serve it on Martinez and facilitate taking the children into protective custody. Lee alleges that when he attempted to do so, Martinez became aggressive and violent, and Martinez's actions resulted in Lee having to use deadly force to protect himself from serious bodily harm or death.
The uncontroverted record establishes the following:[3]
1. On March 12, 2020, Chapa called the Rogers County Sheriff Department to obtain a welfare check on her children. (Exhibit 1, Depo. of Chapa at 81; Exhibit 3, Depo. of Maria Martinez 26:1-5; Exhibit 4, Depo. of R. Ibarra at 86:10-12).
2. On March 12, 2020, the welfare check was routed to Deputy Cheyenne Lee, who went to the Martinez residence and to the residence of Martinez's sister (Rosalinda Ibarra), but Lee was unable to locate Martinez or the children. (Exhibit 5, D (Exhibit 5, Depo. of I. Mitchell at 42-45; Exhibit 3, Depo. of Maria Martinez at 23:10-21; Exhibit 6, Depo. of Lee at 30:1-14; 36:6- 15; Exhibit 4, Depo. of R. Ibarra at 83-85).
3. On that date, Lee talked with Maria Martinez (Martinez's sister) who was also living at the Martinez's residence, but she denied knowledge of the location of the children and gave Lee incorrect information about how to contact her mother (Isidra Mitchell). (Exhibit 3, Depo. of Maria Martinez at 23-25; 29:15-25).
4. Following her interaction with Lee, Maria Martinez let Martinez know that the Sheriff's Office was looking for his children. (Exhibit 3, Depo of M. Martinez at 24:19-25; 25:1-2).
5. Unbeknownst to Lee or Rogers County or Chapa, Martinez had rented a motel room with his mother and two children and left his sister Maria Martinez by herself at their house. (Exhibit 5, Depo. of I. Mitchell at 44-47; Exhibit 3, Depo. of Maria Martinez at 20-21).
6. On March 13, 2020, Chapa sought and obtained a protective order on behalf of herself and her children from the District Court of Tillman County. (Exhibit 2, Petition for Protective Order; Exhibit 7, Emergency Order of Protection; Exhibit 6, Depo. of Lee at 37:8-21).
7. On the same date, the Rogers County Sheriff Department was in contact with Rogers County District Judge Pazzo, who instructed Rogers County Sheriff's Department to serve the Protective Order on Martinez and take custody of the children; Judge Pazzo further indicated he would intervene if the DHS refused to assist in taking custody of the children. (Exhibit 8, Depo. of Sappington at 12-26; Exhibit 9, Depo. of Walton at 44-46; 127:8-15).
8. On March 13, 2020, Deputy Lee was assigned the job of serving the protective order on Martinez and taking protective custody of the two children. (Exhibit 6, Depo. of Lee at 38:1-5; Exhibit 8, Depo. of J. Sappington at 26:2-11).[4]
9. Deputy Lee, who had talked with Chapa, was aware that Martinez had physically injured and been abusive toward Chapa. (Exhibit 6, Depo. of Lee at 46:2-11; 47:13-14; Exhibit 10, Depo. of L. Eller at 14:16-21).
10. On March 13, 2020, Martinez, his mother (Isidra Mitchell), his sister (Maria Martinez) and the two young children were located at the house. (Exhibit 3 at 27; Exhibit 5 at 49-50).
11. Once he confirmed that Martinez and the children were there, Lee retrieved the protective order from his car and radioed for back-up assistance. (Exhibit 6, Depo. of Lee at 59:1722; 61:20-24; Exhibit 10, Depo. of L. Eller at 18-22; Exhibit 13, Depo. of Nelson at 6-7; 11:4-20; 45:15-25; 46:1-11).
12. Maria Martinez and Isidra Mitchell allowed Lee to enter the house to serve the protective order. .
13. Mitchell believed that Martinez would wake up cussing and throwing a fit and be angry and in a bad mood. (Exhibit 3 Depo. of M. Martinez at...
To continue reading
Request your trial