Mata v. the City of Farmington

• Citation: 791 F.Supp.2d 1118
• Decision Date: 13 June 2011
• Docket Number: No. CIV 10–0366 JB/LFG.,CIV 10–0366 JB/LFG.
• Parties: Juan MATA, on his own behalf and as Parent and Next Friend of J.A.M. and G.M., minors, Plaintiff,v.The CITY OF FARMINGTON, Farmington Police Department, a municipality organized under the laws of the State of New Mexico and its Police Department; Tyler Rahn, an Officer of the Farmington Police Department, Individually and in his Official Capacity; Robert J. Perez, an Officer (Sergeant) of the Farmington Police Department, Individually and in his Official Capacity; John Ahlm, an Officer of the Farmington Police Department, Individually and in his Official Capacity; Jeffrey Browning, an Officer of the Farmington Police Department, Individually and in his Official Capacity; Daniel Brozzo, an Officer of the Farmington Police Department, Individually and in his Official Capacity; Mike Briseno, a/k/a Mike Briseno, an Officer of the Farmington Police Department, Individually and in his Official Capacity, Defendants.
• Court: U.S. District Court — District of New Mexico

791 F.Supp.2d 1118

Juan MATA, on his own behalf and as Parent and Next Friend of J.A.M. and G.M., minors, Plaintiff,
v.
The CITY OF FARMINGTON, Farmington Police Department, a municipality organized under the laws of the State of New Mexico and its Police Department; Tyler Rahn, an Officer of the Farmington Police Department, Individually and in his Official Capacity; Robert J. Perez, an Officer (Sergeant) of the Farmington Police Department, Individually and in his Official Capacity; John Ahlm, an Officer of the Farmington Police Department, Individually and in his Official Capacity; Jeffrey Browning, an Officer of the Farmington Police Department, Individually and in his Official Capacity; Daniel Brozzo, an Officer of the Farmington Police Department, Individually and in his Official Capacity; Mike Briseno, a/k/a Mike Briseno, an Officer of the Farmington Police Department, Individually and in his Official Capacity, Defendants.

No. CIV 10–0366 JB/LFG.

United States District Court, D. New Mexico.

June 13, 2011.

[791 F.Supp.2d 1122]

Santiago E. Juarez, Albuquerque, NM, for Plaintiff.Luis E. Robles, Terri S. Beach, Robles, Rael & Anaya, Albuquerque, NM, for Defendants.MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on: (i) the City Defendants' Motion for Partial Summary Judgment No. I: Motion by Officers Rahn and Ahlm for Qualified Immunity on Excessive Force and Failure to Intervene Claims in Counts I and II, filed March 31, 2011 (Doc. 50) (“Motion”); and (ii) the Motion to Strike Certain References in Plaintiffs' Response to City Defendants' Motion for Partial Summary Judgment No. I [ Docket No. 55 ], filed April 22, 2011 (Doc. 62). The Court held a hearing on May 6, 2011. The primary issues are: (i) whether the Court should strike certain references in Plaintiff Juan Mata's response because they are irrelevant and not in accord with the Court's summary judgment procedures; (ii) whether Defendant Tyler Rahn used excessive force when he pointed his police revolver at Plaintiff Juan Mata and J.A.M.; and (ii) whether Defendant John Ahlm violated Mata's and J.A.M.'s constitutional rights by not intervening to prevent Rahn from violating Mata and J.A.M.'s constitutional rights. The Court will deny the motion to strike. The Court will not strike the references in Mata's response, because this drastic remedy is generally disfavored, and the Court does not believe that it is necessary in this situation. The Court will grant in part and deny in part the motion for partial summary judgment that Rahn and Ahlm (together “the Officer Defendants”) filed. The Court finds that Rahn is entitled to summary judgment on Mata's excessive force claim on G.M.'s behalf, but that he is not entitled to summary judgment on Mata's excessive force claims on his own behalf and on J.A.M.'s behalf. Mata cannot show that Rahn's conduct violated G.M.'s constitutional rights, because G.M. was not seized. The Court will thus grant summary judgment for Rahn against Mata's excessive force claim on G.M.'s behalf on the grounds of qualified immunity. A reasonable jury could find, however, that Rahn's conduct violated Mata's and J.A.M.'s Fourth–Amendment rights. The Court finds that these rights were clearly established at the time of the alleged violation. Because a reasonable jury could find that Rahn's conduct violated Mata's and J.A.M.'s Fourth–Amendment Rights, Rahn is not entitled to judgment as a matter of law, and the Court will deny his request for summary judgment on Mata's excessive force claims on his behalf and on J.A.M.'s behalf on the grounds of qualified immunity. The Court finds that Ahlm is entitled to qualified immunity on Mata's failure-to-intervene claim on G.M.'s behalf, because Mata cannot show that Rahn violated G.M.'s constitutional rights, and establishing a constitutional violation is a necessary predicate to any claim that an officer failed to intervene. The Court further finds that Ahlm is not entitled to qualified immunity on Mata's failure-to-intervene claims on his behalf and on J.A.M.'s behalf, because there is an issue of fact whether Ahlm had a realistic opportunity to intervene to prevent Rahn's alleged excessive use of force.

FACTUAL BACKGROUND

In his Response, Mata asserts certain facts regarding the history of Mata's relationship with the Farmington Police Department (“FPD”). Although the Officer Defendants moved to strike these references, arguing that they were irrelevant and did not conform with the local rules on summary judgment procedure, the Court

[791 F.Supp.2d 1123]

will not strike these references; instead, it will include the asserted facts that Mata has supported through references to the record as factual background and will address whether these facts are material in its analysis.

Mata and several of his family members filed a civil-rights lawsuit on November 28, 2004 against the City of Farmington and several police officers, alleging that his civil rights were violated during a November 29, 2002 arrest in which he was pepper sprayed by an FPD officer; the matter was later settled for $75,000.00. See Mata v. Anderson, 685 F.Supp.2d 1223, 1236 (D.N.M.2010). Mata alleges that, after the case was filed, FPD officers routinely harassed and intimidated his family by following them around town, and by stopping in front of their home for no apparent reason and shining their spotlights on the windows. See Deposition of Juan Mata at 117:13–20, 119:8–11, 121:17–122:13, 127:15–23, 262:19–25, 277:1–21 (taken February 3 and 4, 2011), filed April 14, 2011 (Doc. 55–1). Mata publicly protested FPD Officer Mike Briseno; Mata stood in front of the police department, holding up a sign, and he signed a petition asking for an investigation of Briseno's conduct. See Mata Depo. at 19:17–21:6. Mata alleges that the FPD negatively reacted to a series of articles that the Daily Times in Farmington ran about his family's lawsuit and that, after the articles ran, the police intensified their actions of following him, spotlighting him, and driving by his house. See Mata Depo. at 363:22–364:10. Mata alleges that FPD police officers attempted to plant methamphetamine at his residence. See Mata Depo. at 63:8–64:17. Mata further alleges that, on April 2, 2007, a police officer stopped him and gave him a warning, allegedly because the officer could not See that his license plate lights were on, but a video of the incident shows that his license plate lights worked. See Mata Depo. at 130:6–132:18.

On June 16, 2008, at approximately 8:40 p.m., Ahlm, a FPD officer, and FPD Corporal Kee, who was traveling in Ahlm's squad car, stopped a dark blue sports utility vehicle (“SUV”) on the street in front of Mata's residence at 408 Sycamore in Farmington. See, e.g., Complaint for Civil Rights Violations ¶¶ 31–32, at 7, filed April 15, 2010 (Doc. 1); Deposition of John Ahlm at 39:7–25, 41:16–21 (taken February 24, 2011), filed March 31, 2011 (Doc. 50–2); Dashcam Video from Officer Ahlm's Squad Car, FPD Unit 9853 at 20:38:36, filed March 31, 2011 (Doc. 53, Ex. C) (“Unit 9853 Dashcam”); Motion ¶ 1, at 7–8 (setting forth this fact); Plaintiffs' Response to City Defendants' Motion for Partial Summary Judgment No. I: Motion by Officers Rahn and Ahlm for Qualified Immunity on Excessive Force and Failure to Intervene Claims in Counts I and II, at 4, filed April 14, 2011 (Doc. 55) (“Response”) (not controverting this fact). Ahlm advised the driver of the dark blue SUV, Valentin Araiza, that he had stopped him because the vehicle's license plate was covered by a piece of plastic, obscuring the license plate's numbers from view. See, e.g., Ahlm Depo. at 42:2–4; Unit 9853 Dashcam at 20:38:47–20:39:04; Motion ¶ 2, at 8 (setting forth this fact); Response at 4 (not controverting this fact).

As Ahlm was trying to get Araiza's license and registration, an individual who was watching the traffic stop started cursing at Ahlm and telling the officer to get off the property. See Ahlm Depo. at 42:22–43:17; Unit 9853 Dashcam at 20:39:52–20:42:32. Ahlm asked the individual to stay behind the gate to the property so that he could complete the paperwork for the traffic stop, but the individual continued to protest that the officer was on his property. See Unit 9853 Dashcam at 20:39:52–20:42:50. Within several minutes of pulling Araiza over, a number of individuals

[791 F.Supp.2d 1124]

had gathered in the yard at 408 Sycamore, and others were walking in and out of the yard and onto the sidewalk just in front of the traffic stop or approaching the scene of the traffic stop from the side.¹ See Ahlm Depo. at 42:22–43:23; Unit 9853 Dashcam at 20:42:32–20:43:29.

Ahlm grew concerned about the number of individuals who were walking in and out of the traffic stop area—including some small children, about the level of incivility between one individual and the officers, and about his ability to exercise control over the traffic stop under these circumstances.² See Ahlm Depo. at 43:15–23,

[791 F.Supp.2d 1125]

45:1–7, 48:1–16, 52:1–4; Unit 9853 Dashcam at 20:39:25–20:44:03; Dashcam Video from Officer Rahn's Squad Car, FPD Unit 9844 at 20:43:23, filed March 31, 2011 (Doc. 53, Ex. D) (“Unit 9844 Dashcam”); Deposition of Tyler Rahn at 28:10–13, 29:1–4, 33:13–23 (taken February 23, 2011), filed March 31, 2011 (Doc. 50–3). The officers radioed for police backup to help manage the individuals who had gathered in the traffic-stop area. See Rahn Depo. at 28:10–13, 29:1–4. Officer Jeffrey Browning and Rahn arrived on the scene approximately five minutes after Ahlm pulled over Araiza.³ See Unit 9844 Dashcam at 20:43:30; Dashcam Video From Officer Browning's squad car, FPD Unit 10029 at 20:43:18, filed March 31, 2011 (Doc. 53, Ex. F) (“Unit 10029 Dashcam”).

As Ahlm began to brief Rahn and Browning, one of the individuals in the crowd started to interrupt and protest anew that it was his property. See Unit 9844 Dashcam at...