James v. Hayward Police Dept.
| Decision Date | 23 May 2012 |
| Docket Number | No. C 10-4009 SI (pr),C 10-4009 SI (pr) |
| Parties | DENNIS LAMAR JAMES, JR., Plaintiff, v. HAYWARD POLICE DEPT.; et al., Defendants. |
| Court | U.S. District Court — Northern District of California |
In this civil rights action under 42 U.S.C. §1983, Dennis Lamar James, Jr., complains that he was subjected to unreasonable searches, false arrests and excessive force by officers from the Hayward Police Department. For the reasons discussed below, defendants' unopposed motions for summary judgment will be granted and judgment will be entered against plaintiff.
In his amended complaint, James alleged that he had been subjected to unreasonable searches, false arrests and excessive force on July 27, 2009 and February 17, 2010, by members of the Hayward Police Department ("HPD"): Green, Javier, Puga and McGilboney. The Court found cognizable James' claims against defendant Hayward police chief Ron Ace for the unconstitutional acts of his subordinates which were allegedly done "with the knowledge and consent... or were thereafter approved by" defendant Ace. Amended Complaint, p. 5. Furthermore, the Court found that the allegations, liberally construed, were sufficient to state a municipal liability claim against the City of Hayward, the HPD, and the County of Alameda forthe Fourth Amendment and malicious prosecution claims.
The following facts are undisputed, unless otherwise noted:
A. July 27, 2009 Incident
According to the amended complaint, James was walking in the city of Hayward with two African American citizens when he was detained by HPD officers. James alleged that once he was detained, he was hit on the head with a baton by officer Green, and then physically assaulted by officers Green and Javier with batons, hands and feet. James was injured. Amended Complaint, p. 4-5. James was arrested and searched, and booked at the Hayward City Jail. James alleges that defendants did not have a warrant to search or arrest him. Id. James was charged with a violation of California Health & Safety Code § 11351 (). Id. at 6. The district attorney's office filed charges against James. James claims that he later filed a motion to suppress which was granted, and that he was "discharged." Id.
On the day of the incident, officers Javier and Green were patrolling the area near 27505 Tampa Avenue in the City of Hayward, which is documented by police reports and citizens complaints as an area where illegal narcotics, such as cocaine, methamphetamine, and marijuana, are commonly sold and used. Javier Decl., ¶ 4; Green Decl., ¶ 3. Defendant Javier had observed numerous hand-to-hand illegal narcotics transactions in this area. Javier Decl., ¶ 3.
At about 10:30 p.m., when James claims he was walking in this area with two African American citizens, defendants Javier and Green observed James speak to a male suspect ("S2"). James used his right hand to place a small object that he had cupped into the hand of S2. As S2 received the item from James in his left hand, S2 used his right hand to pass an item to James. Based on their training and experience with respect to illegal narcotics transactions, the location, and their observations, Javier and Green believed that James and S2 had engaged in a hand-to-hand illegal narcotics transaction. Javier Decl., ¶¶ 2-5; Green Decl., ¶¶ 2-4.
Defendants exited the patrol car, and commanded the suspects to stop. James, his companions, and S2 ran in opposite directions. Because James was the person who initiated theobserved hand-to-hand transaction and was the person most likely holding illegal narcotics, defendants pursued James. Defendants repeatedly told James to stop fleeing. As James continued to flee on foot, he looked back to check the progress of the officers in pursuit, lost his balance, and fell face first on the street. Javier Decl., ¶¶ 9-11; Green Decl., ¶¶ 5-7.
As James attempted to get up, defendants moved in to physically control him. James hid his arms underneath his body in an effort to thwart the defendants' efforts to take him into custody. When defendants commanded James to give them his hands, he did not comply and instead flailed his body. Defendants delivered knee strikes to James' body to cause him to move his arms out from underneath his body. When James moved his arms from underneath his body, defendants got a hold of his hands and then pinned his head area and upper body to prevent any further flailing. Ultimately, they secured James in handcuffs. Javier Decl., ¶¶ 2-16; Green Decl., ¶¶ 2-12.
Defendants did not have a warrant to search or arrest James. However, they determined that James was on active parole related to a felony conviction for a violation of California Penal Code § 245(A)(2) (). Green Decl., ¶ 11. Incident to his arrest, defendants searched James and recovered a .20 gram (gross weight) rock of cocaine, and $524.00 in cash. Javier Decl., ¶¶ 14-16; Green Decl., ¶¶ 10-12.
James was taken into custody for violations of California Penal Code § 3056 (violation of parole), § 148 (), and Health & Safety Code § 11350 () and § 11352 (). Javier Decl., ¶¶ 15-16; Green Decl., ¶¶ 11-12. James was ultimately charged with a felony count for violation of Health & Safety Code § 11350(a) with an enhancement for the following: (1) a first prior conviction on January 23, 2005 for a felony violation of Penal Code § 12021(a)(1) (); and (2) a second prior conviction on January 24, 2005 for felony violation of Penal Code § 245(a)(2) (). Hom Decl.
B. February 17, 2010 Incident
On February 17, 2010, James was in a car that was pulled over by Hayward police officers Puga and McGilboney for a traffic stop. According to the amended complaint,defendants had no search or arrest warrant, and they "stopped, detained and physically assualted" James solely because of his race. Id. at 7-8. James alleged that he was assaulted "with Taser gun, baton, and hands" until an ambulance was called to take him to the hospital. Id. at 8. James was arrested and charged with numerous violations, but he claims all charges were dismissed in or about May 2010.
At about 1:59 a.m. on February 17, 2010, James was in a car that was pulled over by defendants Puga and McGilboney for a traffic stop, because the car displayed an expired vehicle registration tag. Puga Decl., ¶¶ 2-4. As Puga approached the vehicle, he recognized the odor of marijuana emanating from the car, which was driven by Annie Shears. Shears admitted to Puga that they had just smoked marijuana and the remains were in the ashtray. Puga did a record check of James which revealed that James had prior arrests for guns, drugs, and resisting arrest. Id. at ¶¶ 5-7. James told Puga that he was on active California Department of Corrections parole. After James complied with Puga's request to step out of the car to perform a parole search, McGilboney observed what appeared to be a baggy of powder cocaine, in plain view, on the car seat where James had been seated. McGilboney signaled to Puga to handcuff James. After Puga had clasped only one handcuff, the unsearched James suddenly jumped back into the unsearched car. James grabbed the baggy of powder cocaine and placed it in his mouth. Puga commanded James to spit out the baggy, but James did not comply. Puga used pressure on James' temporomandibular nerve ("TMJ") to prevent James from swallowing the baggy. James physically struggled with the officers, swallowed the baggy and bit Puga. McGilboney commanded James to stop fighting but he did not comply. McGilboney issued a warning and deployed his taser on James using a drive stun mode, but the taser had no physical effect on James, who continued to disregard the defendants' commands to stop fighting. McGilboney pulled James out of the car. Puga delivered knee strikes in an attempt to gain physical control of James. McGilboney delivered baton strikes to James. Ultimately, defendants' use of pain compliance techniques allowed them to successfully complete handcuffing James. Puga Decl., ¶¶ 2-34; McGilboney Decl., ¶¶ 2-20.
James was charged with a felony count for violating Penal Code § 69 (resisting anofficer), a misdemeanor count for violating Penal Code § 135 (destroying evidence), and a misdemeanor count for violating Penal Code § 243(b) (battery on officer) with enhancements for the following: (1) a first prior conviction on January 24, 2005 for a felony violation of Penal Code § 245(a)(2) (); (2) a second prior conviction on January 23, 2005 for a felony violation of Penal Code § 12021(a) (); (3) a third prior conviction on January 23, 2005 for a felony violation of Penal Code § 245(b) (); (4) a fourth prior conviction on October 22, 1999 for a felony violation of Arizona Penal Code § 187(a) (murder); (5) a fifth prior conviction on October 22, 1999 for a felony violation of Arizona Health & Safety Code § 11377(a) (); and (6) a sixth prior conviction on May 4, 1993 for a felony violation of Arizona Health & Safety Code § 11350(a) (). Hom Decl.; Scheingart Decl.
Venue is proper in the Northern District of California under 28 U.S.C. § 1391 because the events or omissions giving rise to Johnson's complaint occurred in Alameda County, located in the Northern District. See 28 U.S.C. §§ 84, 1391(b). This Court has federal question jurisdiction over this action under 42 U.S.C. § 1983. See 28 U.S.C. § 1331.
Summary judgment is proper where the pleadings, discovery, and affidavits show that there is "no genuine issue as to any...
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