Lucas v. City of Visalia
| Decision Date | 07 May 2013 |
| Docket Number | 1:09-CV-1015 AWI JLT |
| Court | U.S. District Court — Eastern District of California |
| Parties | JESSE RAY LUCAS, Plaintiffs, v. CITY OF VISALIA, et al., Defendants. |
ORDER ON DEFENDANTS'
MOTION FOR SUMMARY
This is an excessive force case that arises out of a confrontation between Plaintiff Jesse Lucas ("Lucas") and members of the City of Visalia Police Department. Lucas brings claims for Fourth Amendment violations under 42 U.S.C. § 1983, state law statutory claims under California Civil Code § 52.1 and § 52.7, and state common law claims for assault and battery, intentional and negligent infliction of emotional distress, and negligence. Defendants City of Visalia ("City") and Visalia police officers Carmen Esparza ("Esparza") and Sean O'Rafferty ("O'Rafferty") now move for summary judgment on the claims against them. For the reasons that follow, the summary judgment motion will be granted in part and denied in part.
On May 1, 2008, Elise Monpere ("Monpere"), Lucas's then girlfriend and now wife, called 911 for medical assistance for Lucas. See DUMF 2; PUMF 1. Lucas, who had a history of seizures since childhood, appeared to be suffering from a seizure. See PUMF's 1, 2. From hispast history, Lucas knew that he was not having a life threatening situation and did not need medical treatment. See PUMF 3.
Firefighters and ambulance personnel arrived at Lucas's apartment, and Monpere let the firefighters and paramedics inside where they conferred with Monpere and Lucas. See DUMF 4; PUMF 5; Monpere Depo. 52:21-53:23, 69:9-19. Lucas had drunk 4 to 7 beers earlier that evening and was intoxicated when the firefighters and paramedics arrived. See DUMF's 3, 5. Lucas repeatedly refused medical treatment and told the firefighters and paramedics that he did not want them there and that he did not call for their assistance. See Krauss Depo. 33:12-36:12. Although Lucas was not angry when the firefighters and paramedics arrived, the longer those personnel stayed, the angrier Lucas became. See Lucas Depo. 80:5-81:12. The firefighters and paramedics continued to stay in the residence because a medical call had been made and the personnel believed that they needed to assess whether Lucas was conscious and capable of making his own decisions. See Krauss Depo. 35:1-17. Lucas was using profanity and was adamant that the personnel needed to leave and that he did not want any help. See id. at 34:22-36:3. The emergency personnel requested police assistance at Lucas's residence. See PUMF 7.
Esparza and O'Rafferty were dispatched to the scene in response to the request for officer assistance from the firefighters and paramedics. DUMF 7. That is, the officers were dispatched to assist with a "medical call." O'Rafferty Dec. 2:13. The officers received information from dispatch that a 24 year old male was having seizures. See PUMF 8. The officers were also told by dispatch that Lucas was combative with the firefighters and paramedics. DUMF 8.
O'Rafferty arrived at the scene first. PUMF 9. As he approached the home, O'Rafferty could see medical personnel outside, huddled around the doorstep outside the home, and could see Lucas sitting on a staircase just inside the front door talking to medical personnel. PUMF 10. A majority of the emergency personnel were outside the residence, and O'Rafferty could not remember whether any were still inside the house. See PUMF 11. The paramedics told O'Rafferty that Lucas had not injured anyone on the scene and that Lucas refused medical treatment. See PUMF 12. O'Rafferty observed Lucas in angry conversation with other paramedics, and heard Lucas say that he did not want any help. See PUMF's 13, 14. Paramedicstold O'Rafferty that Lucas had hit a wall in the home, but O'Rafferty does not recall seeing that incident.2 See PUMF 15. O'Rafferty did not discuss any sort of plan with emergency personnel to address the situation, and he could not recall whether the emergency personnel explained that they were trying to assess whether Lucas needed care See PUMF 17; O'Rafferty Depo. 57:23-58:1. Also, when O'Rafferty approached the doorway, he observed that Monpere was at the rear of the house away from where Lucas was sitting. See PUMF 18. O'Rafferty did not have an opportunity to speak to Monpere. See id.
O'Rafferty entered Lucas's home. See O'Rafferty Depo. 77:5-12; see also PUMF 20. O'Rafferty explained to Lucas that medical personnel were there to try and help and there was concern that Lucas was mentally altered and intoxicated. See O'Rafferty Depo. 62:9-22. O'Rafferty observed signs of intoxication, including bloodshot watery eyes and thick speech. See id. at 62:23-25. Lucas did not appear to be in grave physical danger to O'Rafferty. See id. at 72:1-4. O'Rafferty understood clearly that Lucas did not want to be treated and that Lucas wanted everyone to leave. PUMF 19. Lucas became more agitated and continued to insist that all personnel leave. See PUMF 21. Lucas had calmed down a bit. See PUMF 23.
Esparza then arrived, and Lucas became more agitated. See PUMF 24. Esparza could hear Lucas object to O'Rafferty being in the home, and could see both that Lucas was not in medical danger, and that Monpere was not physically harmed. See PUMF 25. Esparza did not see any emergency personnel inside the home, and it was her impression that all emergency personnel were outside. See PUMF 26; Esparza Depo. at 57:7-10. Esparza entered Lucas's home. See PUMF 27.
Lucas clearly told both Esparza and O'Rafferty that he refused medical treatment and requested that all personnel leave his home. See PUMF 28. Lucas cursed at the officers and emergency personnel. See DUMF 9. Lucas then turned and began to walk up the stairs and said that he was going to bed and that they all needed to leave. See PUMF 29. Esparza clearly heardLucas say this. See id. Lucas continued to curse as he went up the stairs. See DUMF 11.
Esparza and O'Rafferty were concerned for the safety of everyone in the residence, including Lucas and Monpere, and so followed Lucas up the stairs. See DUMF 12; PUMF 31. Esparza was the first officer behind Lucas as they went up the stairs, and O'Rafferty followed behind Esparza. See DUMF's 14, 15. Lucas is 6' 1" and weighs 210 lbs., Esparza is 5' 1" and 115 lbs., and O'Rafferty is 6' 6" and 230 lbs. See DUMF 1; Esparza Dec. at 1:28; O'Rafferty Depo. 9:18-20. Lucas said nothing about getting a weapon and made no threats to the officers, and there had been no mention of weapons by Lucas or anyone on site. See PUMF 30; O'Rafferty Depo. 119:5-22. Lucas did not make any verbal threats or physically assault anyone in the residence. See PUMF 34. At no point during the incident did Lucas yell at Monpere. See Monpere Depo. 56:5-8. Further, Esparza testified that she believed that all emergency personnel were outside the residence, and she did not know where Monpere was. See PUMF 62.
When Lucas reached the top of the stairs, he was turning around. See Lucas Depo. 123:18-124:7. Esparza believed that Lucas was adopting an aggressive stance when he turned around. DUMF 17. Esparza has declared that, at the top of the stairs, Lucas turned around, yelled at the officers to leave, made eye contact with O'Rafferty, clenched his fist, looked at O'Rafferty again, and then lunged forward. See Esparza Dec. at 3:17-23. Lucas testified that he was not aggressive towards the officers, and that he was tased as he was facing away from the officers and turning around. See Lucas Depo. 79:18-80:7, 234:3-10. Esparza did not give Lucas a warning before deploying the taser. See PUMF 36; Doc. No. 97-1 at 11:19-21. The taser darts struck Lucas in the stomach area (in the upper-stomach right of center area and the waist right of center area). See DUMF 18; Esparza Dec. 3:25-27. The report from Esparza's taser unit indicates that Esparza administered a cycle of 10 seconds, which means that Esparza held the trigger down for 10 seconds.3 See PUMF's 37, 39. Lucas fell to the ground. See DUMF 19. Esparza told Lucas to roll onto his stomach and put his hands behind his back. DUMF 20. Lucas's body was somewhat tense and his upper body was flexed. See O'Rafferty Depo. 89:1-12. In order to gain compliance, Esparza cycled the taser a second time. See PUMF 41; DUMF 22. O'Rafferty has no recollection of Esparza giving Lucas a warning that she would use the taser a second time, but Esparza testified that a warning was given. See Esparza Depo. 81:8-19; O'Rafferty Depo. 90:7-24. Lucas complied with the directions to place his hands behind his back after Esparza cycled the taser a second time. See DUMF 23.
Lucas was then placed on a gurney and began to struggle again. See DUMF 24. Lucas was then strapped to the gurney, and taken to Kaweah Delta Hospital for treatment. See DUMF's 25, 26. After treatment, Lucas was taken to jail. See PUMF 45.
Esparza charged Lucas with violations of Penal Code sections 148 (), 415(2) (disturbing the peace), 647(f) (public intoxication), and Health and Safety Code § 11550 (). PUMF 47. Esparza based the § 11550 charged on Lucas's actions in failing to cooperate, but that charge was dropped after the toxicology report returned negative findings. See PUMF's 48, 49.
The City's taser use policy requires initial certification before use, recertification if the officer has not carried a taser in the previous six months, and further training if deemed appropriate by training manager. DUMF 35. Esparza was certified for taser use on March 24, 2007, O'Rafferty was certified for taser use on April 19, 2007, and both attended recertification training on October 19, 2007. See DUMF's 31, 32. The City's taser training includes training officers to watch for loss of consciousness and to consider having emergency medical services attend to any person who has been tased. DUMF 34. The City has a written policy that...
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