Jeanniton v. City & Cnty. of Honolulu

• Decision Date: 15 April 2022
• Docket Number: Civ. 20-00369 ACK-WRP
• Parties: PATRICK JEANNITON, Plaintiff, v. THE CITY AND COUNTY OF HONOLULU, MARK FIESTA, Honolulu Police Officer Defendants.
• Court: U.S. District Court — District of Hawaii

PATRICK JEANNITON, Plaintiff, v. THE CITY AND COUNTY OF HONOLULU, MARK FIESTA, Honolulu Police Officer Defendants.

Civ. No. 20-00369 ACK-WRP

United States District Court, D. Hawaii

April 15, 2022

ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (ECF NO. 66)

Alan C. Kay Sr., United States District Judge

While responding to a call reporting a domestic dispute, Defendant Mark Fiesta (“Officer Fiesta”) and Corporal Len Fujinaka (“Corporal Fujinaka”)^[1] forcibly entered Plaintiff Patrick Jeanniton's residence without a warrant when Jeanniton physically resisted the officers' request to enter to ensure the safety of those inside. The officers subsequently arrested Jeanniton. Jeanniton filed this lawsuit on July 16, 2020, naming as defendants the City and County of Honolulu and Officer Fiesta (together “Defendants”). Defendants have now moved for summary judgment on all claims. For the reasons set forth below, the Court GRANTS Defendants' motion.

BACKGROUND

The following facts are principally drawn from the Parties' Concise Statements of Fact (“CSF”), ECF Nos. 67 and 80, which include audible videos from the officers' body-cameras (“bodycams”), Def. Exs. A, C, D & Pl. Exs. 8-H, 9-I.

I. Factual Background

Jeanniton is a 60-year-old physically fit 178-pound, 5'8” man who was formerly in the military and had training in hand-to-hand combat. Def. Ex. F (Jeanniton Deposition) at 74:17-24 and 86:24-87:4; Def. Ex. A (Fiesta Bodycam). In 2019, Jeanniton bench pressed 200-225 pounds, and squatted 370 pounds. Def. Ex. F at 87:5-13. Jeanniton was previously a personal trainer at 24 Hour Fitness. Jeanniton Decl. ¶ 28.

On January 28, 2019, Jeanniton and his girlfriend-Sisi Simei-were having an argument in their apartment about Simei's Facebook posts featuring her in bikinis and drinking beer. Def. Ex. F at 75:20-76-5; Jeanniton Decl ¶¶ 53-54. Jeanniton “did not like the remarks addressed to [Simei] by the opposite sex replying in some of these posts.” Jeanniton Decl. ¶ 42. At the time of the argument, Jeanniton was extremely angry, at a self-described level of 9 out of 10. Def. Ex. F at 77:24-28:9. The argument escalated, but Jeanniton did not hit Simei. Jeanniton Decl. ¶ 53. Jeanniton “went manic, but not violent” and he wanted Simei to leave. Jeanniton Decl. ¶ 110. Officer Fiesta and Corporal Fujinaka were dispatched to what they were told was a domestic argument regarding a male and female. Fiesta Decl. ¶ 2; Fujinaka Decl. ¶ 2.

Corporal Fujinaka arrived first on the scene around 9:50 p.m., and he was met by a few security officers and neighbors standing at the stairwell below Jeanniton's apartment. Fujinaka Decl ¶¶ 2-3. The neighbors informed him that they had heard “yelling” and “things slamming” in Jeanniton's apartment. Def. Ex. C (Fujinaka Bodycam I).

Officer Fiesta arrived shortly after Corporal Fujinaka, and from the street he heard a man yelling and what sounded like something breaking in the apartment. Fiesta Decl. ¶ 3. Both officers heard Jeanniton from his unit yelling, swearing, screaming “what the fuck you talking about.” See Def. Ex. C; Def. Ex. A; Def. Ex. F at 139:14-140:3 (Jeanniton agreeing in his deposition that he could be heard from the street in the bodycam footage). The neighbors informed the officers that Jeanniton's girlfriend lived in the apartment with him and that she was “probably getting beat up.” Def. Ex. C; Def. Ex. A.

As the officers approached Jeanniton's apartment, they noticed that the unit was dark, and neither officer could see inside. Fiesta Decl. ¶ 5; Fujinaka Decl. ¶ 5; see Def. Ex. A. According to Jeanniton, the lights in the unit were on, Jeanniton Decl. ¶¶ 55, 87, but the shades completely obstructed the window near the front door. See Def. Ex. C. In his deposition, Jeanniton agreed that from the bodycam footage, he couldn't “see any [light from the exterior].” Def. Ex. F at 140:20-24.

Officer Fiesta then opened the screen door to knock on the front door. Def. Ex. A; Def. Ex. C. The officers heard Jeanniton order Simei three times not to answer the door, Fiesta Decl. ¶ 6, and that if she opened the door she would be in trouble. Fujinaka Decl. ¶ 6; see also Def. Ex. A (“If you open the door, you will be in trouble.”).

Jeanniton testified that he knew it was the police at the door. Def. Ex F. at 78:17-79:3. Simei had gone downstairs to see who was at the door and upon looking through the peephole, saw it was the police and told Jeanniton “it's the cops.” Id. at 78:21-22.

For about a minute and a half, the officers spoke calmly to Jeanniton and asked him to open the door. Def. Ex. C; Def. Ex. A. Jeanniton then yelled, “What the fuck you want!” Id. The officers responded by saying they wanted to talk. Id.; Def. Ex. F at 143:8. Jeanniton said, “No! Talk to me behind the door.” Def. Ex. C; Def. Ex. A; Def. Ex. F at 146:2-4. The officers then asked Jeanniton what was going on, and asked “you mind opening up the shades? Where's your wife at?” Def. Ex. C; Def. Ex. A. Jeanniton said that nothing was going on and demanded the officers go home. Def. Ex. C; Def. Ex. A; Def. Ex. F at 152:22-24. The officers said they could not leave until they talked to the woman inside. Def. Ex. C; Def. Ex. A.

The officers reassured Jeanniton that he was not in trouble, but Jeanniton in his deposition said he did not hear them. Def. Ex. F at 143:8-12. In his deposition, Jeanniton testified that if he had heard such reassurance, he didn't “think it would have gotten that far because [the officers] deescalated the situation.” Id. at 143:20-24.

Jeanniton then yelled that he had no business with the police, he did not call the police, he is going to bed, he does not have a wife, and the woman in the unit with him is a stranger. Def. Ex. C; Def. Ex. A; Def. Ex. F at 153:9-14.

When the officers said they needed to speak with the stranger Jeanniton referenced, Jeanniton yelled, “Sisi, go talk to these assholes, go outside and talk to them. Sisi!” Def. Ex. A. Officer Fiesta then shouted “yeah, come talk to us assholes.” Id.

A few seconds later, Jeanniton opened the front door, and angrily said “look what she's done to my lip.”^[2] Jeanniton Decl. ¶ 126; see Def. Ex. A; Def. Ex. D (Fujinaka Bodycam II). Jeanniton held ice in one of his hands. See Def. Ex. A; Def. Ex. D.; but see Jeanniton Decl. ¶ 126 (explaining that he was holding a plastic water bottle in his hand); Def. Ex. F at 157:3-8 (“Q: So before you said you were holding a water bottle in your hand? A: I thought it was a water bottle. It's not a water bottle. Q: What is it? A: I don't know.”). At this point, Jeanniton was the angriest he had ever been in his life. Def. Ex. F at 156:19-157:2. Jeanniton was further upset because “people called the cops for nothing.” Jeanniton Decl. ¶ 66. The officers remained calm. Def. Ex. F at 146:21-22 (Jeanniton agreeing in his deposition that the officers were calm).

According to Jeanniton, Simei was standing on the third step behind him, where she could be seen. Jeanniton Decl. ¶ 68. However, prior to their physical altercation with Jeanniton, Simei cannot be seen from either set of bodycam footage. See Def. Ex A; Def. Ex. C. According to Jeanniton, when the officers requested to see Simei, he said that she is “right here” and gestured behind him. Jeanniton Decl. ¶ 70. Jeanniton acknowledged in his deposition that the bodycam footage did not record him saying Simei was okay and that while he was talking with the officers Simei is on the stairs with a light behind her, but cannot be seen. Def Ex. F at 159:17-161-22. Jeanniton also acknowledged in his deposition that it is possible that he never told the officers that Simei was okay and was right behind him. Id. at 170:20-171-3.

Corporal Fujinaka described the situation at that point in the following manner:

The Plaintiff responded with denying to [sic] our request to speak to any individuals within with [sic] angry, aggressive profanities. I audibly observed him tell the female not to open the door or she would be in trouble or there would be problems or trouble. I thought I heard the female say that she was in trouble and the fear in her voice.

At that point, I believed the female inside the unit was injured or possibly injured. I was very concerned for the female inside because the neighbors believed the female may have been injured, I heard objects being thrown (possibly at someone else) and break, Plaintiff was extremely angry and yelling, Plaintiff was preventing us from seeing or speaking with the female inside, and the female said she was in trouble. In my experience and training, domestic abusers tend to try to control the victims and prevent them from speaking with police or getting treatment.

Fujinaka Decl. ¶¶ 6-7.

Jeanniton raised his hand in the air, stepped out of the apartment, assumed an aggressive stance, and pointed at Officer Fiesta. Def. Ex. C; Def. Ex. A; Def. Ex. F at 158:6-24; Jeanniton Decl. ¶ 73. Jeanniton yelled that she was lucky he was not going to press charges, pointed to his lip, and told the officers “fuck you.” Def. Ex. C; Def. Ex. A. Jeanniton then made some type of backhanded motion with his hand. Def. Ex. C; Def. Ex. A; Def. Ex. F at 159:15-16 (“That was a motion to go away”). Officer Fiesta shouted, “Don't point!” Jeanniton Decl. ¶ 75.

Jeanniton quickly stepped inside his apartment and attempted to close his front door, but Officer Fiesta used his leg and body to keep the door open. Fiesta Decl. ¶ 8. After Officer Fiesta had stepped inside the residence, Jeanniton then swung at Officer Fiesta. Id. ¶ 9; Def. Ex. C; Def Ex. A. Officer Fiesta moved his head to avoid the blow, and Jeanniton grabbed Officer Fiesta with his left arm. Def. Ex. C. Officer Fiesta attempted to escort Jeanniton to the ground, but...