Orozco v. County of Yolo
| Decision Date | 24 February 1993 |
| Docket Number | Civ. No. S-91-055-GEB/GGH. |
| Citation | 814 F. Supp. 885 |
| Parties | Genaro OROZCO, Maria Orozco, Lucy Orozco, Luis Orozco, Jr., and Rosa Orozco, a minor child through her guardian ad litem Maria Orozco, v. COUNTY OF YOLO, Yolo County Narcotics Enforcement Task Force (YONET), Gary Lipelt, Michael Hudson, Ken Beckstead and 40 unnamed officers, in their individual capacities. Kenneth BECKSTEAD, Counter-Claimant v. Genaro OROZCO, Maria Orozco, Lucy Orozco, Luis Orozco, Jr., and Does 1 through 20, Inclusive, Counter-Defendants. |
| Court | U.S. District Court — Eastern District of California |
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Constance de la Vega, Steven F. Shatz, University of San Francisco Law Clinic, San Francisco, CA, for plaintiffs and counter-defendants.
Bruce Kilday, Bolling, Walter & Gawthrop, Sacramento, CA, Robert C. Cross, Deputy Atty. Gen., for defendants.
Christopher A. Lee, San Francisco, CA, for counter-claimant.
ORDER ON MOTIONS FOR SUMMARY JUDGMENT
This dispute arises out of the execution of a search warrant and an intervening homicide investigation in Madison, California, on June 15, 1990. Plaintiffs Genaro Orozco, Maria Orozco, Lucy Orozco, Luis Orozco, Jr., and Rosa Orozco (the "Orozcos") allege that they were wrongfully arrested when the defendant peace officers transported them to the sheriff's station for interrogation and detained them overnight. The Orozcos move for partial summary judgment on their wrongful arrest claim.1 Defendants Hudson, Lipelt, Shadinger, Landeros, Williams, and Beckstead move for summary judgment on the ground of qualified immunity. Defendant Kenneth Beckstead, who was shot and injured by Luis Orozco, Sr., counter-claims against the Orozcos, alleging that they were negligent in failing to warn him of the "hidden danger" represented by their mentally-ill family member, Luis Orozco, Sr. The Orozcos move for summary judgment on Beckstead's counter-claim.
The Orozcos' partial motion for summary judgment on their wrongful arrest claim is granted; defendants' cross-motion is denied. The Orozcos' motion for summary judgment on Beckstead's counter-claim is granted.
Between 6:00 and 6:30 p.m. on June, 15, 1990, officers of the Yolo County Narcotics Enforcement Team ("YONET") arrived at the Orozcos' home in Madison, California to execute a search warrant. Guns drawn, six officers exited their vehicles and ran toward the house. They first encountered eighteen-year-old Luis Orozco, Jr., lying on the front lawn. Agent Rowden "covered" Agent Hatano with a shotgun as Hatano cuffed Luis' hands behind his back. Luis, Jr., remained prone on the lawn as he was ordered. Hatano later stated that he did not believe that he had probable cause to arrest Luis Orozco, Jr., at that time.
Four officers proceeded to the front door and announced in English that they were police officers and they had a warrant to search the house. Twelve-year-old Rosa Orozco answered the door. The four officers, none of whom could speak or understand more than a few phrases in Spanish, entered the house shouting Seventy-year-old Maria Orozco, who states that she neither speaks nor understands English, addressed the officers in Spanish, asking what crime had been committed. The officers did not answer her.
The officers moved through the house, continuing to announce their presence and looking for other occupants. Officer Beckstead saw a man enter a bedroom at the end of the hall. Beckstead proceeded to that room, opening doors and "clearing" each room as he went. Eighteen-year-old Lucy Orozco appeared at the door of her room as Beckstead approached. She wore night clothes and appeared startled, having been sick and in bed when the officers entered the house. Officer Beckstead told Lucy to get down and shoved her down the hallway. She joined Maria and Rosa Orozco in the living room.
The officers continued down the hallway, reaching the back bedroom. Luis Orozco, Sr., who was mentally ill, barricaded himself behind the back bedroom door. When the officers attempted to push open the door, Luis, Sr. fired several gunshots through the partially closed door, killing Officer McKnight and wounding Agent Beckstead. Agents Beckstead and Ferranto returned fire, killing Luis Orozco, Sr.
After the shooting, curious neighbors and members of the press congregated near the Orozco home as police and medical personnel began to arrive. A few minutes after the shooting, the three female Orozcos attempted to walk out of the house. However, Officer Rowden, who had remained on the lawn, pointed his shotgun at them and told them to either put their hands up or to get down on the ground. They turned back into the house.
After the dual homicide, YONET ceded jurisdiction of the scene to the Yolo County Sheriff's Department to investigate the homicides. Sheriff's deputies took control of the house, letting no one enter to preserve the integrity of the crime scene. Because the Orozcos were witnesses to a dual homicide, it was decided that they should be interviewed in a "secure" environment away from the crime scene. Therefore, officers removed the Orozcos from their home, placed them in police vehicles, and drove them to the Sheriff's Department in Woodland. Lucy Orozco was ill, shoeless, and wearing only bedclothes and a blanket, but officers refused to allow her to retrieve a sweater from the house. Luis, Jr., and Rosa were transported separately by different male officers. Luis, Jr., was still handcuffed when he arrived at the station. Lieutenant Shadinger and Sergeant Refsland jointly made the order to transport the Orozcos to the sheriff's station. Shadinger later stated that at the time he did not believe there was probable cause to arrest any of the Orozcos for the homicides or based upon the search warrant. Refsland later stated that he did not believe that there was probable cause to arrest any of the Orozcos.
At the sheriff's station, the officers interviewed each Orozco separately in a small, internal room with no windows to the outside. Lucy was interviewed alone by a male officer. The interviews were completed sometime before 11:30 p.m. The Orozcos were then placed in an empty office overnight. Because neither the homicide investigation nor the drug search had yet been completed, the Orozcos could not return to their home. However, the Orozcos were never told they were free to go or asked if they preferred to stay with friends, relatives, or at a hotel. Officer Williams, who interviewed both Luis Jr. and Lucy Orozco, said that at the conclusion of the interviews he did not believe that there was probable cause to arrest either Luis, Jr., or Lucy for any crime. Nothing in the record indicates that there was probable cause to arrest Genaro, Maria, or Rosa. Several officers (Shadinger, Refsland, Landeros, and Williams) said that the Orozcos were not free to leave at the conclusion of the interviews.
The homicide investigation was completed about 8:00 a.m. the next morning, June 16, by members of the California Department of Justice, Bureau of Investigation. The officers of YONET then completed the search of the house pursuant to the warrant, finishing late that morning. No drugs or drug paraphernalia were found on the property or persons of the Orozcos. No criminal charges were filed against the Orozcos and they were released and returned to their home about 11:30 a.m.
The plaintiffs alleged thirteen causes of action in their amended complaint, invoking federal jurisdiction under 28 U.S.C. § 1343 for alleged violations of their rights under the Fourth and Fourteenth Amendments to the United States Constitution and supplemental jurisdiction over their state law claims arising from the same events.
Defendant Kenneth Beckstead counterclaimed, alleging the Orozcos failed to warn him that Luis Orozco, Sr., was present, mentally ill, and armed. This counter-claim was dismissed without prejudice for failure to state a claim. Beckstead then amended his counter-claim to allege that Luis Orozco, Sr., constituted a "hidden danger" about which the Orozcos had a duty to warn Beckstead. The Orozcos' motion to dismiss the amended counter-claim was denied "without prejudice as this case develops."2
A party moving for summary judgment has the initial burden of informing the court of the basis of the motion and identifying for the court those portions of the materials on file that demonstrate the absence of any issues of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986); Musick v. Burke, 913 F.2d 1390, 1394 (9th Cir.1990). A plaintiff seeking summary judgment on an issue, as here, bears the burden of establishing a prima facie case that would entitle the movant to a directed verdict if the issue was uncontested at trial. 8 Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure, § 2727 (1991); cf. Watts v. United States, 703 F.2d 346, 347 (9th Cir.1983). Once the plaintiff-movant makes the initial showing, the burden shifts to the defendant-opponent to come forward with specific facts beyond the pleadings showing the existence of genuine disputes of material fact, i.e., those which can be resolved only by a trier of fact because they may be reasonably resolved in favor of either party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256, 106 S.Ct. 2505, 2514, 91 L.Ed.2d 202 (1986); Fed. R.Civ.P. 56(e).
Both plaintiffs and defendants move for summary judgment on the Orozcos' wrongful arrest claim. Plaintiffs' motion will be considered first.
The Orozcos allege they were wrongfully arrested in violation of 42 U.S.C. § 1983. To establish a prima facie case under section 1983, plaintiffs must prove two elements: (1) that the conduct occurred under color of law; and (2) that the conduct deprived them of a right, privilege, or immunity...
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