K.J.P. v. San Diego Cnty. Sheriff's Dep't, Case No.: 3:15-cv-02692-H-MDD
| Decision Date | 12 April 2019 |
| Docket Number | Case No.: 3:15-cv-02692-H-MDD |
| Court | U.S. District Court — Southern District of California |
| Parties | K.J.P., a minor, and K.P.P., a minor, individually, by and through their mother, LOAN THI MINH NGUYEN, who also sues individually and as successor in interest to her now deceased husband, Lucky Phounsy, and KIMBERLY NANG CHANTHAPHANH, individually, Plaintiffs, v. COUNTY OF SAN DIEGO, SAN DIEGO COUNTY SHERIFF'S DEPARTMENT, San Diego Sheriff WILLIAM GORE, Sheriff's Department Deputy RICHARD FISCHER, CITY OF SANTEE, Santee Fire Department Fire Captain AARON BAGLEY, LAKESIDE FIRE PROTECTION DISTRICT, Lakeside Fire Protection District Firefighter/Paramedic MARC POYNTER, Santee Fire Department Firefighter/Paramedic AARON HACKETT, Lakeside Fire Protection District Firefighter/Paramedic DAVID CSIK, Sheriff's Department Sergeant KEVIN RALPH, Sheriff's Department Corporal MARCOS COLLINS, Sheriff's Department Deputy JANAE KRULL, Sheriff's Department Deputy SANDRA CARBAJAL, Sheriff's Department Deputy BILLY TENNISON, III, Sheriff's Department Deputy DEAN ALLEN, Sheriff's Department Deputy MICHAEL LEE, Sheriff's Department Deputy, JENNY MARTINSON, Sheriff's Department Deputy TAMANI PUGH, Sheriff's Department Corporal AARON BROOKE, and Sheriff's Department Deputy JOVONNI SILVA, Defendants. |
(1) GRANTING MOTION FOR SUMMARY JUDGMENT BY AARON BAGLEY, AARON HACKETT, AND THE CITY OF SANTEE
(2) GRANTING MOTION FOR SUMMARY JUDGMENT BY DAVID CSIK, LAKESIDE FIRE PROTECTION DISTRICT, AND MARC POYNTER
(3) GRANTING IN PART AND DENYING IN PART MOTION FOR SUMMARY JUDGMENT BY DEAN ALLEN, AARON BROOKE, SANDRA CARBAJAL, MARCOS COLLINS, RICHARD FISCHER, JANAE KRULL, MICHAEL LEE, JENNY MARTINSON, TAMANI PUGH, KEVIN RALPH, SAN DIEGO COUNTY SHERIFF'S
DEPARTMENT, COUNTY OF SAN DIEGO, JOVONNI SILVA, AND BILLY TENNISON
On March 11, 2019, Defendants filed three renewed motions for summary judgment. (Doc. Nos. 159, 160, 161.) First, Defendants City of Santee, Aaron Bagley, and Aaron Hackett ("Santee Defendants") filed a motion for summary judgement. (Doc. No. 159.) Second, Defendants Lakeside Fire Protection District, Marc Poynter, and David Csik ("Lakeside Defendants") filed a motion summary judgment. (Doc. No. 160.) Third, Defendants County of San Diego, San Diego County Sheriff's Department, William Gore, Dean Allen, Aaron Brooke, Sandra Carbajal, Marcos Collins, Richard Fischer, Janae Krull, Michael Lee, Jenny Martinson, Tamani Pugh, Kevin Ralph, Jovonni Silva, and Billy Tennison ("San Diego Defendants") filed a motion for summary judgment. (Doc. No. 161.)
On March 26, 2019, Plaintiffs filed their oppositions to the three motions. (Doc. Nos. 163, 164, 165.) On April 2, 2019, Defendants filed their replies in support of their motions. (Doc. Nos. 166, 167, 168.) On April 8, 2019, the Court held a hearing on the motions. Brody A. McBride and Trenton G. Lamere appeared for Plaintiffs. Morris G. Hill appeared for San Diego Defendants. Kevin M. Osterberg appeared for Lakeside Defendants. Mitchell D. Dean and Lee H. Roistacher appeared for Santee Defendants.
For the following reasons, the Court grants the motion by Santee Defendants and grants the motion by Lakeside Defendants. The Court grants in part and denies in part the motion by San Diego Defendants.
BACKGROUND
On April 13, 2015, San Diego Sheriff's Department Officers responded to a 9-1-1 call from the residence of Kimberly Nang Chanthaphanh and Greg Kelley. (Doc. No. 161-4, Exh. A, Kelley Depo. at 38, 66.) Lucky Phounsy placed the 9-1-1 call and claimed on the call that people were trying to kill him. (Id. at 66; Doc. No. 161-4, Exh. C, Collins Depo. at 30; Doc. No. 161-5, Exh. D, Krull Depo. at 35.) Phounsy's family subsequently wrestled the phone from him and informed the 9-1-1 operator that Phounsy was acting delusional and paranoid, thinking someone was there to kill him. (Kelley Depo. at 66.)
Officers Marcos Collins and Janae Krull initially responded to the 9-1-1 call. (Collins Depo. at 34.) Officers Collins and Krull were met in the driveway by Kelley, who informed the officers that Phounsy had recently returned from a music festival, was possibly under the influence of drugs, and was paranoid that people were trying to kill him. (Collins Depo. at 35; Kelley Depo. at 68; Krull Depo. at 43-44.) Kelley escorted the officers inside and told Phounsy that they were there to help him. (Kelley Depo. at 69.) Upon entering the home, the officers asked Phounsy if he had any weapons, to which he replied no. (Collins Depo. at 50.) Officer Collins told Phounsy that he needed to pat him down to ensure that Phounsy did not have any weapons. (Id. at 52.) Phounsy initially refused, but then agreed after several requests by Officer Collins. (Id. at 53.)
Phounsy then told the officers that he did not want them to hold his hands during the pat down. (Id. at 53-54.) Officer Collins told Phounsy that he would need to hold his hands for the pat down. (Id. at 54-55.) The officers each grabbed one of Phounsy's arms to put them behind Phounsy's back. (Id.; Krull Depo. at 67-68.) Phounsy said that he did not want to be put in handcuffs. (Krull Depo. at 68.) The officers then leaned Phounsy into the wall and attempted to place him in handcuffs. (Id. at 69; Collins Depo. at 63.) Before the handcuffs were secured, a fight broke out between Phounsy and the officers. (Collins Depo. at 69; Krull Depo. at 76-77, 82-83.) During the fight, Officer Collins tasered Phounsy multiple times and Officer Krull tasered Phounsy once. (Collins Depo. at 76-79, 91-92,96-97; Krull Depo. at 85, 90, 113-114.) Officer Krull also used her baton on Phounsy multiple times. (Collins Depo. at 110-112; Krull Depo. at 117, 125.)
A number of officers then arrived in response to the call for backup. (Collins Depo. at 115; Krull Depo. at 107, 127-129; Doc. No. 161-5, Exh. F, Allen Depo. at 35.) Officers Dean Allen, Michael Lee, Billy Tennison, and Tamani Pugh assisted Officer Collins in Krull in restraining Phounsy. (Allen Depo. at 39-41; Doc. No. 161-7, Exh. K, Pugh Depo. at 31-35.) Officers Aaron Brooke, Kevin Ralph, Richard Fischer, Jenny Martinson, Sandra Carbajal, Jovonni Silva then arrived on the scene. (Allen Depo. at 42, 63, 67; Doc. No. 161-6, Exh. G, Martinson Depo. at 28; Doc. No. 161-6, Exh, I, Carbajal Depo. at 30; Doc. No. 161-7, Exh. L, Silva Depo. at 19.) The officers collectively continued to struggle with Phounsy, first handcuffing Phounsy and then using maximum restraints. (Allen Depo. at 50-57.) During the struggle, Officer Brooke tasered Phounsy. (Doc. No. 161-6, Exh. H, Brooke Depo. at 36.) Once Phounsy was placed in maximum restraints, he was carried outside, laid on the ground, and held in place. (Id. at 65, 67.) At some point during the altercation, Officer Collins was injured and bleeding. (Collins Depo. at 126-129.)
Paramedics Marc Poynter, David Csik, and Aaron Hackett, and Fire Captain Aaron Bagley were on the scene. (Id. at 71-72; Doc. No. 160-21, Exh. 17-5, Poynter Depo. at 40; Doc. No. 160-14, Exh. 10, Bagley Depo. at 33.) Phounsy was given two doses of a sedative. (Poynter Depo. at 87-88.) After his initial assessment by paramedics, Phounsy was transported to Grossmont Hospital in an ambulance along with Poynter, Hackett, Csik, and Officer Fischer. (Id. at 138.) During the trip, Phounsy suffered cardiac arrest. (Doc. No. 163-2 at 533-38, Sperry Expert Report.) Later, doctors determined he had suffered a serious brain injury and was unlikely to recover. (Id.) His family elected to allow him to die. (Id.)
On November 2, 2016, Plaintiffs filed the operative second amended complaint against three sets of Defendants. (Doc. No. 50.) First, the County of San Diego ("the County"), Sheriff William Gore, and "Sheriff's Department Defendants," San DiegoSheriff's Department Officers Ralph, Fischer, Collins, Krull, Carbajal, Tennison, Allen, Lee, Martinson, Pugh, Brooke, and Silva. (Id. ¶¶ 11-24.) Second, the City of Santee ("the City") and "Santee Fire Defendants," Santee Fire Department Captain Bagley and firefighter/paramedic Hackett.1 (Id. ¶¶ 26-28.) Third, Lakeside Fire Protection District ("the District") and "Lakeside Fire Defendants," Lakeside Fire Protection District firefighters/paramedics Poynter and Csik. (Id. ¶¶ 33-35.)
Plaintiffs first allege an excessive force claim under 42 U.S.C. § 1983 against Sheriff's Department Defendants. (Id. ¶¶ 59-63.) Second, Plaintiffs allege a § 1983 denial of medical care claim against Sheriff's Department Defendants, Santee Fire Defendants, and Lakeside Fire Defendants. (Id. ¶¶ 64-68.) Third, Plaintiffs allege a § 1983 Monell claim against the County, the City, and the District. (Id. ¶¶ 69-73.) Fourth, against the County and Sheriff's Department Defendants, Plaintiffs allege claims for battery; violation of the Bane Act, Cal. Civ. Code § 52.1; violation of the Americans with Disabilities Act, 42 U.S.C. § 12132, et seq. ("ADA"); violation of the Unruh Civil Rights Act, Cal. Civ. Code §§ 51, 51.7 ("Unruh Act"); and negligence. (Id. ¶¶ 74-107.) Fifth, Plaintiffs allege a claim for negligent hiring, retention, and supervision against Sheriff Gore. (Id. ¶¶ 108-116.) Sixth, against all Defendants, Plaintiffs assert claims for wrongful death and violation of substantive due process under § 1983. (Id. ¶¶ 117-126.) Finally, Plaintiff Loan Thi Minh Nguyen asserts a claim for intentional infliction of emotional distress against the County and Officers Collins and Krull. (Id. ¶¶ 127-132.)
On June 22, 2017, the County of San Diego, Sheriff Gore, and the Sheriff's Department Defendants filed a motion for summary judgment. (Doc No. 97.) On June 23, 2017, the City, the Santee Fire Defendants, the District, and the Lakeside Fire Defendants also filed a motion for summary judgment. (Doc. No. 98.) After briefing concluded, the Court issued an order granting summary judgment as to the claims against Sheriff Gore,but denying...
To continue reading
Request your trial