Mendez v. Cnty. of L.A.
| Decision Date | 13 August 2013 |
| Docket Number | CASE NO. CV 11-04771-MWF (PJWx) |
| Court | U.S. District Court — Central District of California |
| Parties | ANGEL MENDEZ, et al., Plaintiffs, v. COUNTY OF LOS ANGELES, et al., Defendants. |
This matter came on for trial before the Court sitting without a jury on February 26, 27, 28, March 1, and April 19, 2013. Following the presentation of evidence, the parties filed supplemental briefs, and after closing arguments the matter was taken under submission. The Court then ordered, and the parties filed, supplemental briefs regarding Alexander v. City of San Francisco, 29 F.3d 1355 (9th Cir. 1994), and Billington v. Smith, 292 F.3d 1177 (9th Cir. 2002).
Having carefully reviewed the record and the arguments of counsel, as presented at the hearing and in their written submissions, the Court now makes the following findings of fact and reaches the following conclusions of law pursuant to Federal Rules of Civil Procedure 52. Any finding of fact that constitutes aconclusion of law is also hereby adopted as a conclusion of law, and any conclusion of law that constitutes a finding of fact is also hereby adopted as a finding of fact.
1. On October 1, 2010, at approximately 12:30 p.m.. Defendants Los Angeles County Sheriff's Department Deputies Christopher Conley and Jennifer (Pederson) Ballis shot Plaintiffs Angel Mendez and Jennifer Lynn Garcia multiple times. Plaintiffs were living together as a couple when the shooting occurred and thereafter married At trial and in these Findings of Fact and Conclusions of Law, they are therefore typically referred to as Mr. & Mrs. Mendez.
2. When shot, Mr. and Mrs. Mendez were lying on a futon in the shack in which they resided. Deputies Conley and Pederson were searching for a parolee-at-large named Ronnie O'Dell.
3. At all relevant times, Deputies Conley and Pederson were acting under color of authority of their employment with the County of Los Angeles ("COLA").
4. Sergeant Greg Minster was a supervisor for the Lancaster, California Station Target Oriented Policing ("TOP") Team.
5. Among other things, Sergeant Minster's TOP Team tracked parolees-at-large.
6. Deputies Billy J. Cox and Veronica Ramirez were assigned to Sergeant Minster's TOP Team.
7. Prior to October 2010, Sergeant Minster's TOP Team had been searching for, and attempting to apprehend, Mr. O'Dell.
8. Mr. O'Dell was a wanted felony suspect whom the TOP Team categorized as armed and dangerous.
9. There was a warrant for Mr. O'Dell's arrest.
10. Mr. O'Dell had evaded prior attempts to apprehend him.
11. On the morning of October 1, 2010, Officer Adam Zeko observed a man he believed to be Mr. O'Dell entering an Albertson's grocery store located at the intersection of 20th Street and K Street in Lancaster.
12. Officer Zeko reported to the Lancaster Station that he thought he had seen Mr. Odell.
13. Approximately twelve police officers, including Deputies Conley and Pederson, responded to the Albertson's.
14. Deputies Conley and Pederson were partners assigned to the Lancaster Station Community Oriented Policing ("COPS") Unit.
15. However, on October 1, 2010, Deputies Conley and Pederson were directed to supplement and assist Sergeant Minster's TOP Team.
16. Prior to October 1, 2010, Deputies Conley and Pederson did not have any information regarding Mr. O'Dell.
17. Mr. O'Dell was not found or captured at the Albertson's.
18. The responding officers then met behind the Albertson's to debrief.
19. During the debriefing session, Deputy Claudia Rissling received a tip from a confidential informant that a man he believed to be Mr. O'Dell was riding a bicycle in front of 43263 18th Street West in Lancaster, a private residence owned by Paula Hughes.
20. The responding officers then developed a plan in light of the tip regarding Mr. O'Dell's whereabouts.
21. A team of officers would proceed to the residence of Roseanne Larsen, which was located at 43520 18th Street West, Lancaster, California.
22. The officers had information that Mr. O'Dell previously had been at the Larsen residence, and the officers believed that there was a possibility that Mr. O'Dell already had left the Hughes residence.
23. At the same time, Sergeant Minster's TOP Team, as well as Deputies Conley and Pederson, would proceed to the Hughes residence.
24. Deputies Conley and Pederson were assigned to clear the rear of the Hughes property for the officers' safety (should Mr. O'Dell be hiding thereabouts) and cover the back door of the Hughes residence for containment (should Mr. O'Dell try to escape to the rear of the Hughes property).
25. During the debriefing/planning session, Deputy Rissling announced to the responding officers that a male named Angel (Mendez) lived in the backyard of the Hughes residence with a pregnant lady (Mrs. Mendez).
26. Deputies Conley and Pederson heard Deputy Rissling make this announcement. Deputy Pederson testified that she heard the announcement. Deputy Conley testified that he did not recall any such announcement. Either he did not recall the announcement at trial or he unreasonably failed to pay attention when the announcement was made.
27. Sergeant Minster and Deputies Cox, Ramirez, Conley and Pederson proceeded to the Hughes residence, arriving in three different patrol cars.
28. Ms. Hughes lived in a private residence located at 43263 18th Street West in Lancaster, California.
29. The front of the Hughes residence faced east.
30. The rear of the Hughes residence faced west.
31. To the south of the Hughes residence was a gate that led to the rear of the property.
32. If one walked westward through the south gate, one would pass between the Hughes residence (to the north) and three metal storage sheds (to the south).
33. The three storage sheds were located within a concrete wall that ran the length of the southern boundary of the Hughes property.
34. Behind (i.e., to the west of) the Hughes residence, a short, lightweight fence enclosed a grassy backyard area.
35. To the west of the backyard fence the ground surface was dirt, not grassy.
36. There was debris throughout the rear of the Hughes property, including abandoned automobiles located in the northwest corner of the rear property.
37. Ms. Hughes and Mr. Mendez were friends from high school.
38. Mr. and Mrs. Mendez lived in a shack located in the rear of the property owned by Ms. Hughes.
39. The shack was located in the dirt-surface area to the rear of the Hughes property approximately thirty feet west of the Hughes residence - i.e., west of the backyard fence, and southeast of the abandoned automobiles.
40. Mr. Mendez had constructed the shack out of wood and plywood.
41. Mr. and Mrs. Mendez had been living in the shack for approximately ten months.
42. Mr. and Mrs. Mendez were not yet married.
43. Mrs. Mendez was five-months pregnant.
44. The shack was approximately seven-feet wide, seven-feet long, and seven-feet tall.
45. The shack had a single doorway entrance that faced east toward the Hughes residence.
46. The doorway was approximately six-feet tall and three-feet wide.
47. In the doorway, from the top of the doorframe, hung a blue blanket.
48. Outside of the blue blanket was a hinged wooden door, which opened to the outside of the shack.
49. Outside of the wooden door was a hinged screen door, which opened to the outside of the shack.
50. The shack did not have any windows or other points of entry or exit.
51. Located a few feet to northeast of the shack was a white gym storage locker that contained clothes, coats and other possessions.
52. There were also clothes and other possessions located a few feet to the east of the shack.
53. There was a tree to the north of the shack and the white gym storage locker.
54. There was a blue tarp covering the roof of the shack.
55. There was an electrical cord running into the shack.
56. There was a water hose running into the shack.
57. There was an air conditioner mounted on the north side of the shack.
58. Inside the shack was a full-size futon.
59. The futon ran lengthwise against the back (western) interior wall of the shack.
60. The other (eastern) side of the futon was approximately three feet from the doorway to the shack.
61. Mr. Mendez kept a BB gun rifle in the shack in order to shoot rats, mice and other pests.
62. The BB gun rifle had a black barrel, brown stock and orange safety switch.
63. The butt end of the BB gun rifle had been broken off from the barrel after someone had stepped on it.
64. The Court examined the BB gun rifle at trial, but the BB gun rifle was not admitted as an exhibit. The BB gun rifle closely resembled a small caliber rifle.
65. Ms. Hughes sometimes would open the door to the shack unannounced to "prank" or play a joke on Mr. and Mrs. Mendez.
66. When Sergeant Minster and Deputies Cox, Ramirez, Conley and Pederson arrived at the Hughes residence, they observed a bicycle on the front lawn.
67. The officers did not have a search warrant to search the Hughes residence.
68. Sergeant Minster directed Deputies Conley and Pederson to proceed to the back of the Hughes residence through the south gate.
69. Sergeant Minster and Deputies Cox and Ramirez went to the front door of the Hughes residence.
70. Sergeant Minster banged on the security screen outside the front door.
71. Sergeant Minster testified that if both the front door and the security screen had been open, he would have gone to the front door to see if someone was going to come to the front door and then contacted that person.
72....
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