Megargee v. Wittman
| Decision Date | 19 March 2008 |
| Docket Number | No. CV F 06-0684 LJO GSA.,CV F 06-0684 LJO GSA. |
| Parties | Stanleigh Gean MEGARGEE, et al., Plaintiffs, v. Bill WITTMAN, et al., Defendants. |
| Court | U.S. District Court — Eastern District of California |
Brian Edward Claypool, Dongell Lawrence Finney Claypool LLP, Eric Robert Maier, Louis E. Shoch, III, Maier Shoch LLP, Los Angeles, CA, for Plaintiffs.
Justus C. Spillner, Cassandra Erika Hooks, McCormick Barstow Sheppard Wayte and Carruth LLP, Fresno, CA, Teresa M. Saucedo, Visalia, CA, for Defendants.
SUMMARY JUDGMENT DECISION
Defendants County of Tulare ("County"), the County's Sheriff, and two County Sheriffs Department deputies seek summary judgment/adjudication on plaintiffs' excessive force and negligence claims arising from a shooting following a high speed chase. Defendants contend that plaintiffs lack sufficient evidence to support their claims. Plaintiffs respond that factual disputes and differing versions of the events preclude summary judgment/adjudication. This Court considered defendants' summary judgment/adjudication motion on the record1 and VACATES the March 21, 2008 hearing, pursuant to Local Rule 78-230(h). For the reasons discussed below, this Court GRANTS in part and DENIES in part summary judgment/adjudication.
This action arises out of the June 6, 2005 shooting of plaintiffs Stanleigh Gean Megargee ("Mr. Megargee"), then age 17, and Katie Taylor ("Ms. Taylor"), then age 15, by defendants Chad Rhyman ("Deputy Rhyman") and Dan Baker ("Deputy Baker"), then deputy sheriffs with the County Sheriffs Department. Defendant Bill Wittman ("Sheriff Wittman") was Sheriff of the County Sheriffs Department at the time of the shooting.2
During the evening of June 5, 2005, Mr. Megargee and Ms. Taylor (collectively "plaintiffs") and two other teens had smoked marijuana and methamphetamine. On the morning of June 6, 2005, plaintiffs and their companions committed a Visalia area residential burglary and fled the scene in a stolen truck driven by Mr. Megargee.
Deputies Rhyman and Baker received a report of an interrupted burglary and in separate patrol cars pursued the stolen truck after it exited an orchard in rural Tulare County. During a 15-minute vehicle chase, plaintiffs indicated no desire to yield to the pursuing deputies. Plaintiffs passed through numerous residential streets, drove into oncoming traffic, and turned into a residential cul de sac, North Selina Court in Visalia, followed by Deputies Rhyman and Baker.3 No officers or bystanders were injured during the vehicle pursuit. Mr. Megargee turned into a residence driveway at the end of the cul de sac and made a u-turn. Plaintiffs claim that Deputies Rhyman and Baker's vehicles and a residence blocked potential escape.
The parties and eyewitnesses offer differing versions of the events surrounding the ensuing shooting of plaintiffs.
Deputy Rhyman claims that as he neared the truck in the driveway, Mr. Megargee twice lunged the truck and impacted Deputy Rhyman's vehicle to attempt to exit the cul de sac. Deputy Rhyman exited his vehicle, drew his baton and stood next to his vehicle. Deputy Rhyman does not recall if he used his baton to smash the driver's window of the truck. Mr. Megargee moved the truck forward to strike Deputy Rhyman's legs, which was observed by Deputy Baker who recalls one of Deputy Rhyman's legs was struck but he does not remember which. Deputy Baker estimated that the truck moved two to ten miles an hour when it struck Deputy Rhyman.
Deputies Rhyman and Baker drew their handguns and loudly ordered Mr. Megargee to stop the truck. Mr. Megargee neither put up his hands nor indicated that he surrendered. Deputies Rhyman and Baker feared for their safety and began to shoot into the truck when the truck struck Deputy Rhyman's leg. Deputy Rhyman shot at Mr. Megargee from the driver's side of the truck. Deputy Rhyman believed that Deputy Baker's life was in danger and that Deputy Baker was somewhere behind him but he could not recall how far.
Deputies Rhyman and Baker fired 18 shots into the truck.
According to. Ms. Taylor, the truck never contacted Deputy Rhyman or Deputy Baker and Deputies Rhyman and Baker's patrol cars collided with the stopped truck in that one patrol car's front bumper hit the truck's front bumper on the passenger's side and the other patrol car's front bumper rammed the truck's passenger side. The truck did not move between when it was struck by the patrol cars and a truck occupant jumped out of the truck and surrendered. Officer Rhyman exited his vehicle, used his baton to shatter the driver's side window and pointed his gun at the truck. The truck remained stationary as Deputies Rhyman and Baker pointed guns at the occupants, two of whom threw their hands in the air. Seconds later, Officers Rhyman and Baker opened fire to strike the three remaining occupants.
According to Dennis Carter ("Mr. Carter"), a truck occupant, the truck never contacted Deputy Rhyman or Deputy Baker and never struck a patrol car in that a patrol car collided with the truck and disabled it. Mr. Carter jumped out of the truck after it was disabled and surrendered, and Deputies Rhyman and Baker started shooting approximately 15 seconds after the truck was disabled.
Cecila Rendon ("Ms. Rendon") lives on North Selina Court, the cul de sac street, and witnessed the shooting from her home's front porch. According to Ms. Rendon, the truck did not strike Deputy Rhyman or Deputy Baker. Ms. Rendon does not characterize the contact between the vehicles as a collision but more like one car was "pushing." When Deputies Rhyman and Baker began shooting, the truck wheels were spinning but the truck did not move. The truck rolled forward after shots were fired.
Greg Flores Jr. ("Mr. Flores") is Ms. Rendon's step son and lives with her on North Selina Court. Mr. Flores ran to the front porch when he heard the vehicles' commotion. Mr. Flores did not see the truck run into Deputy Rhyman or Deputy Baker. Mr. Flores observed that the truck was stopped and that Deputies Rhyman and Baker stood outside the truck with weapons drawn. Mr. Flores never saw the truck move and it was stationary when Deputies Rhyman and Baker opened fire.
On June 6, 2005, Roger Lee ("Mr. Lee") visited his son, daughter-in-law and grandchildren who live on North Selina Court. Mr. Lee arrived and exited his vehicle when the truck and patrol cars reached the cul de sac. Mr. Lee observed that the truck never struck Deputy Rhyman or Deputy Baker and that Deputies Rhyman and Baker positioned their vehicles to prevent the truck to exit the cul de sac. One of the patrol vehicles struck and stopped the truck from leaving the area. The truck backed up slightly and stopped, and Mr. Lee heard the truck rev its engine as if it was out of gear. Deputies Rhyman and Baker exited their patrol vehicles and opened fire 30-60 seconds after the truck remained immobile.
Maureene Lee ("Ms. Lee") is Mr. Lee's daughter-in-law and observed the incident from her living room window. Ms. Lee observed the truck stuck in a planter where its wheels spun. The truck remained stuck in the planter and was no more than 10-15 feet from Deputies Rhyman and Baker when they opened fire.
Plaintiffs claim that Mr. Megargee was struck in the chest, rendered unconscious and slumped against the steering wheel. Plaintiffs contend that Deputies Rhyman and Baker shot Mr. Megargee in the head at close range. Ms. Taylor was shot three times and sustained severe upper leg injuries.
Immediately after the shooting and prior to removing Mr. Megargee from the truck, an officer checked Mr. Megargee's pulse. Defendants claim that seconds after the shooting, additional officers and paramedics arrived and treated plaintiffs. Plaintiffs point to Ms. Rendon's testimony that medical personnel arrived 20-30 minutes after the shooting. Plaintiffs claim that after Mr. Megargee was removed from the truck, officers dropped him to the pavement. Ms. Taylor claims that although she was missing a leg bone following the shooting, two officers which initially assisted her out of the truck abandoned her to cause her to fall to the ground.
Mr. Megargee underwent a partial lobotomy to' remove 25 percent of his brain. Mr. Megargee's cognitive and reasoning skills have been destroyed, and his motor skills have been permanently and vastly impaired.
Sheriff Wittman was not present at the shooting or when medical care was rendered. Sheriff Wittman did not direct Deputies Rhyman and Baker to perform actions in connection with plaintiffs' shooting and medical care and was not personally involved in Deputies Rhyman and Baker's training or supervision. Sheriff Wittman does not know whether Deputies Rhyman and Baker received training regarding use of deadly force. More generally, Sheriff Wittman does not know: (1) which of his deputies have been trained on any particular topic; (2) who is responsible to train deputies on use of deadly force; or (3) whether deputies received formal training on use of deadly force. Sheriff Wittman has never personally trained deputies on use of deadly force.
Defendants' expert Ph.D. criminologist Ron Martinelli ("Dr. Martinelli") opines that the General Operations Manual ("manual") of the County Sheriffs Department, including the manual's vehicle pursuit and use of force provisions, conform to federal and state law. Prior to plaintiffs' shootings, Deputies Rhyman and Baker...
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