Montanez v. Carvajal
| Decision Date | 19 December 2016 |
| Docket Number | Case No: 6:15–cv–807–Orl–40DCI |
| Parties | Michael MONTANEZ, William Rivera, and Troy Copeland, Plaintiffs, v. Jorge CARVAJAL, Todd Raible, Brian Henderson, Kyle Bainbridge, Julio Rodriguez, and Edward Hart, in their individual capacities, Defendants. |
| Court | U.S. District Court — Middle District of Florida |
Bradley N. Laurent, Carlus Leandrus Haynes, Law Office of Haynes & Laurent, PA, Orlando, FL, for Plaintiff.
James W. Smith, Smith, Schoder & Bledsoe, LLP, Daytona Beach, FL, Larry Smith, Nancye R. Jones, William K. Bledsoe, DeLand, FL, for Defendants.
This civil rights case arises out of an enormous discrepancy between the perceptions of police officers and private citizens about the same conduct. What the citizens considered to be innocent, everyday activity, the officers interpreted as anything but. The Court is now called to determine on summary judgment whether those officers are immune from civil liability for how they responded to what they saw.
At the time of the events giving rise to this lawsuit, Plaintiffs, William Rivera ("Rivera"), Troy Copeland ("Copeland"), and Michael Montanez ("Montanez"), lived in a house together in Deland, Florida. (Rivera Dep. 46:6–8; Copeland Dep. 18:13–19:8). Rivera, Copeland, and Montanez also worked together for Montanez's record label, where they created and promoted music. (Rivera Dep. 26:11–24, 46:19–47:13). To that end, the back of their house had been converted into a studio so the three could have a space dedicated solely to their music business. The studio was separated from the house's main living area in such a way that Rivera, Copeland, and Montanez ordinarily accessed the studio through the backyard. (Id. at 44:18–45:19). As Rivera explains, anyone who wanted to enter the studio would first walk through the back door of the house into a small room referred to as a "safe room," and then walk through a second door into the studio. (Id. at 56:7–57:12). Both the back door and the door between the safe room and the studio could be locked. (Id. at 56:20–57:4).
The morning of March 29, 2011, Rivera woke up and went about his day as usual.
(Id. at 48:4–15). He trekked across the street to the gas station to buy a sweet tea and a cup of ice, after which he returned home to make a sandwich. (Id. at 48:22–49:9). In the midst of preparing the sandwich, Rivera received a call from his cousin inviting him to visit New Jersey for the weekend. (Id. at 49:8–10). Excited, Rivera stopped what he was doing, shoved the kitchen knife he was using into the front pocket of his shorts, and stepped outside to get better reception. (Id. at 49:12–14, 55:5–14, 62:19–63:6). Rivera continued to talk with his cousin about the trip as he paced down the sidewalk in front of the house. (Id. at 63:7–12). The cousin then stated that he had to get off the phone, but would call Rivera back in a few minutes with more details. (Id. at 55:15–17).
Still teeming with excitement over the trip—this would be the first time in his life Rivera left Florida—Rivera decided to smoke a cigarette. (Id. at 49:10–11, 55:17–20). Since he left his pack of cigarettes in the studio, Rivera used a side street to walk from the front of the house to the back. (Id. at 55:20–21, 63:7–64:1). Rivera then entered the studio through the back door and retrieved his cigarettes. (Id. at 55:21–23, 64:23–25). Copeland was in the studio at the time working on a song, so he and Rivera started talking about Rivera's upcoming trip to New Jersey. (Id. at 55:24–56:5, 62:11–13, 67:13–68:1; Copeland Dep. 19:14–25). Rivera and Copeland then exited the studio so Rivera could smoke. (Rivera Dep. 64:23–65:4; Copeland Dep. 19:14–20:6; Camera 1, 11:22:13).2
As Rivera and Copeland continued to talk immediately outside the studio, they noticed a car drive by that they had never seen before. (Rivera Dep. 71:6–22; Copeland Dep. 20:11–14; Camera 2, 11:22:29–11:22:33). Copeland felt that there was something strange about the car, so he walked out to the street to see where it was headed. (Copeland Dep. 20:14–19; Camera 3, 11:22:55–11:23:08). Copeland reached the roadway in time to watch the car disappear around a corner. (Copeland Dep. 20:17–19). Thinking nothing of it, Copeland returned to his discussion with Rivera. (Copeland Dep. 20:19–22; Camera 3, 11:23:14–11:23:27). Moments later, the car came speeding down the street and screeched to a stop at the back of the house where Rivera and Copeland were standing. (Rivera Dep. 73:19–74:10; Camera 3, 11:23:47–11:23:56). A man then jumped out of the car with a gun drawn, rushed toward Rivera and Copeland, and demanded that they get on the ground. (Rivera Dep. 74:8–19; Copeland Dep. 20:23–21:22; Camera 3, 11:23:57–11:24:15). Not knowing who this man was and in fear for their lives, Rivera and Copeland complied. (Rivera Dep. 75:22–24; Copeland Dep. 23:2–10; Camera 1, 11:24:02–11:24:10).
It turned out that the man was an undercover police officer. After more officers arrived at the scene, Rivera and Copeland were placed in handcuffs, searched, and escorted to a patrol car. (Camera 1, 11:24:29–11:29:47). Although Rivera attempted to explain that they lived at the house, the officers left him and Copeland in the back of the patrol car for two to three hours. (Rivera Dep. 51:22–52:20, 78:19–80:8). The officers later relocated Rivera and Copeland to the living room of the house where they were read their Miranda rights and briefly interrogated. (Raible Aff. Ex. P (video on file with the Court)). During the interrogation, Rivera and Copeland learned that the officers had obtained a search warrant and were in the process of searching the house. (Id. ). Ultimately, Rivera was arrested on an outstanding child support warrant and Copeland was arrested for being in possession of a suspended driver's license. (Raible Aff. ¶ 15).
On March 29, 2011, Defendant, Todd Raible ("Officer Raible"), was on duty as a property crimes investigator for the Volusia County Sheriff's Office. (Raible Aff. ¶ 2). Around noon that day, Officer Raible was driving in an unmarked patrol car to the Sheriff's district office in Deland. (Raible Dep. 8:24–9:3). Because the house in which Rivera, Copeland, and Montanez were living at the time was located near the district office, Officer Raible happened to pass the house on his way. (Id. at 9:4–11). As he drove by, Officer Raible "observed a white male, early 20s,... wearing jean shorts talking on the phone on the corner" in front of the house. (Id. at 10:4–8). Officer Raible noticed that there were no vehicles in the driveway and that the man appeared "anxious" and "hunched" as he spoke on the phone. (Id. at 10:8–9; Raible Aff. ¶ 8). Officer Raible watched as the man proceeded to walk down a side street toward the back of the house, where he then saw a second individual "huddling or hunched by the back door," as if in a lookout position. (Raible Dep. 10:9–23; Raible Aff. ¶ 9). Knowing that there had been several recent daytime burglaries in the area, Officer Raible believed that the men were planning to commit a burglary. (Raible Dep. 10:10–15).
Officer Raible immediately broadcasted a burglary in progress over the radio and called for backup. (Id. at 10:24–11:3). Officer Raible then parked at a nearby gas station where he was soon met by Defendant, Jorge Carvajal ("Officer Carvajal"), who had heard Officer Raible's call. (Id. at 11:7–17; Carvajal Dep. 5:13–6:4, 6:14–23). Officer Raible quickly briefed Officer Carvajal on what he had witnessed and the two formed a plan to confront the situation. (Raible Dep. 11:18–25; Carvajal Dep. 6:24–7:10, 7:24–8:7). Officer Raible then drove to the house and turned down the side street the man had used to reach the back of the house. (Raible Dep. 11:21–12:5). As he passed by, Officer Raible again observed two men at the back of the house, one of whom appeared to conceal himself behind a wall as Officer Raible drove by in his unmarked car. (Id. at 12:6–14). Officer Raible turned around, relayed what he saw over the radio, and initiated contact. (Raible Dep. 12:15–17).
Officer Raible arrived at the scene first and parked on the side street near the back of the property. (Camera 3, 11:23:47–11:23:56). Officer Raible exited his vehicle, drew his firearm, and approached the two men as they stood near the back door of the house. (Id. at 1:23:57–11:24:15). Officer Carvajal arrived immediately after, also with his gun drawn. (Camera 2, 11:24:13–11:24:28). Officer Raible ordered the men to get on the ground, they complied, and Officers Raible and Carvajal placed them in handcuffs. (Raible Dep. 14:11–15:4; Camera 1, 11:24:02–11:24:14). Knowing that burglars frequently work in teams, Officer Raible proceeded to open the back door,3 entered into a small room, opened a second door, and announced into the house: "[S]heriff's office, come out if anybody's in there, sheriff's office." (Raible Dep. at 17:11–25; Raible Aff. ¶ 16; Rivera Dep. 51:4–15; Camera 1, 11:25:14–11:25:22; Camera 13, 11:25:19–11:25:26). After hearing no response and seeing no victims or other accomplices, Officer Raible announced that the scene was clear, exited the house, and closed the door. (Raible Dep. 18:1–2, 18:13–20; Raible Aff. ¶ 17; Rivera Dep. 78:14–21; Camera 1, 11:25:26–11:25:30; Camera 13, 11:25:26–11:25:29).
Officer Raible returned to the two men, searched them for weapons, and discovered two kitchen knives in one of the men's...
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