Ortega Melendres v. Arpaio

• Decision Date: 10 February 2009
• Docket Number: No. CV-07-2513-PHX-MHM.,CV-07-2513-PHX-MHM.
• Citation: 598 F.Supp.2d 1025
• Parties: Manuel de Jesus ORTEGA MELENDRES, Plaintiff, v. Joseph M. ARPAIO, et al., Defendant.
• Court: U.S. District Court — District of Arizona

598 F.Supp.2d 1025

Manuel de Jesus ORTEGA MELENDRES, Plaintiff, v. Joseph M. ARPAIO, et al., Defendant.

No. CV-07-2513-PHX-MHM.

United States District Court, D. Arizona.

February 10, 2009.

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David Jeremy Bodney, Peter Shawn Kozinets, Karen J. Hartman, Isaac Pasaret Hernandez, Steptoe & Johnson LLP, Daniel Joseph Pochoda, ACLU, Phoenix, AZ, Nancy Anne Ramirez, Kristina Michelle Campbell, Maldef, Los Angeles, CA, Monica M. Ramirez, Robin Lisa Goldfaden, ACLU, San Francisco, CA, for Plaintiff.

Timothy James Casey, Schmitt Schneck Smyth & Herrod PC, Phoenix, AZ, for Defendant.

ORDER

MARY H. MURGUIA, District Judge.

Currently pending before the Court are Defendants Joseph M. Arpaio, Maricopa County, and the Maricopa County Sheriff's Office's Motion to Dismiss (Dkt. #39.), and Plaintiffs Manuel de Jesus Ortega Melendres, Jessica Quitugua Rodriguez, David Rodriguez, Velia Meraz, Manuel Nieto, Jr., and Somos America's Motion for an Expedited Rule 16 Conference. (Dkt. #49.) After reviewing the record and holding oral argument, the Court issues the following Order.

I. Standard

A Rule 12(b)(6) motion tests the legal sufficiency of the claims asserted in the complaint. A Rule 12(b)(6) dismissal is proper only where there is either a "lack of a cognizable legal theory" or "the absence of sufficient facts alleged under a cognizable legal theory." Balistreri v. Pacifica Police Dept., 901 F.2d 696, 699 (9th Cir.1988). The Ninth Circuit has stated that "[t]he issue is not whether a plaintiff's success on the merits is likely but rather whether the claimant is entitled to proceed beyond the threshold in attempting to establish his claims." De La Cruz v. Tormey, 582 F.2d 45, 48 (9th Cir.1978). The Court must determine whether or not it appears to a certainty under existing law that no relief can be granted under any set of facts that might be proved in support of plaintiffs' claims. Id.

Rule 12(b)(6) must be read in conjunction with Rule 8(a) which requires "a short and plain statement of the claim showing that the pleader is entitled to relief." 5B Charles A. Wright & Arthur R. Miller, Federal Practice and Procedure Section 1356 (2004). The notice pleading standard set forth in Rule 8 establishes "a powerful presumption against rejecting pleadings for failure to state a claim." Gilligan v. Jamco Dev. Corp., 108 F.3d 246, 249 (9th Cir.1997). Therefore, a district court does not dismiss a complaint for failure to state a claim unless "it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957); see also U.S. v. City of Redwood City, 640 F.2d 963, 966 (9th Cir.1981).

II. Background

This case concerns allegations that deputies from the Maricopa County Sheriff's Office ("MCSO") have been profiling, targeting and ultimately stopping and detaining persons based on their race in violation of the Fourth and Fourteenth Amendments to the United States Constitution, Title VII of the Civil Rights Act, and Article II, § 8 of the Arizona Constitution. Defendants have responded to these claims by filing a motion to dismiss the case for lack of jurisdiction and for failure to state a claim upon which relief could be granted. Specifically, Defendants have asserted that the organization Somos America lacks Article III standing and cannot proceed as a Plaintiff in the instant lawsuit, and that the claims of the remaining individual Plaintiffs Ortega Melendres, J. Rodriguez, D. Rodriguez, Meraz, and Nieto all fail as a matter of law. Defendants have also argued that as a 42 U.S.C. § 1983 municipal defendant Maricopa County cannot under be held liable for the alleged violation of Plaintiffs' constitutional rights. Lastly, Defendants contend that the MCSO is a non-jural entity, and as such, is not capable of suing or being sued in its own name.¹ Because all well-plead allegations in Plaintiffs' First Amended Complaint must be taken as true for the purpose of ruling on a motion to dismiss, the Court will briefly discuss the factual allegations made by each named Plaintiff. See Smith v. Jackson, 84 F.3d 1213, 1217 (9th Cir.1996).

A. Manuel de Jesus Ortega Melendres

According to Plaintiffs' Complaint, Ortega Melendres is a Mexican national who possesses a valid U.S. Visa and a permit issued by the United States Department of Homeland Security ("DHS"). On September 26, 2007, around 6:15 a.m., Ortega Melendres was one of several passengers in a car that was being driven around Cave Creek, Arizona. The driver of the vehicle was a Caucasian man, but the passengers, including Ortega Melendres, were by physical appearance all Latino men. The car was pulled over by MCSO deputies, at which time the driver was told that he was being stopped for speeding—although no citation was ultimately issued. The deputies then asked Ortega Melendres to produce identification. Ortega Melendres provided all of the identification that he was carrying in his wallet, which included a valid U.S. Visa with his fingerprint and photograph—valid through August 23, 2016, his Mexican Federal Voter Registration card, which also included his fingerprint and photograph, and a copy of the DHS permit with a stamp showing its validity through November 1, 2007.

After producing these three forms of identification, the deputies asked Ortega Melendres to exit the vehicle, where he was subject to a pat down search. The deputies then reached into Ortega Melendres' pockets and removed various items, including a small bottle of skin lotion. Ortega Melendres was then handcuffed and placed in the back of a MCSO vehicle. Ortega Melendres was transported to a MCSO facility in Cave Creek and placed in a holding cell. While Ortega Melendres was confined to the holding cell, which lasted for approximately four hours, he alleges that he was neither advised of the crime that he had allegedly committed, nor provided with any processing documentation.

After the four hour detention, the arresting officers placed Ortega Melendres back into handcuffs and transported him to downtown Phoenix, where he was handed over to officials from the United States Immigration and Custom Enforcement ("ICE"). At the ICE building, Ortega Melendres was again placed in a holding cell, this time for one hour. With Sheriff's deputies present, ICE officials asked Ortega Melendres to produce valid documents regarding his presence in the U.S. After briefly glancing over the documents that Ortega Melendres had given MCSO deputies earlier in the day, the ICE official told Ortega Melendres that he was free to leave. Upon release, Ortega Melendres was not given any information relating to his nearly nine hour detention, other than a case number.

B. David and Jessica Rodriguez

On December 2, 2007, David and Jessica Rodriguez, who are husband and wife, were leaving Lake Bartlett, Arizona with their two children. While driving, the Rodriguez' passed a sign that they thought read "Road Damaged." At the same time, the Rodriguez' could see that road ahead had been washed out by recent rains. They also noticed two MCSO vehicles located on the opposite side of the road. After the Rodriguez' along with two other vehicles—a motorcycle and a sedan—had driven past the road sign, the deputies pulled over all three vehicles.

According to the Complaint, the driver of the motorcycle and sedan were let go in short order without a visible exchange of any documentation. When a MCSO deputy approached the Rodriguez' vehicle, they were asked to produce a valid driver's license, vehicle registration, proof of insurance, and a social security card. After Mrs. Rodriguez asked the deputy why it was necessary to present a social security card during a routine traffic stop, the deputy answered that it was "standard procedure." The deputy then asked Mr. Rodriguez whether he had seen a sign marked "Road Closed." Mr. Rodriguez answered that he had only seen a "Road Damaged" sign. According to the Complaint, the Rodriguez' later discovered that there was indeed a "Road Closed" sign, but it was located on a portion of the road that they had not yet traveled upon.

The deputy took Mr. Rodriguez' information and returned to his vehicle. While waiting for the deputy to return, the Rodriguez' noticed that additional drivers continued to be pulled over, and from what they could see, these drivers were being given oral warnings. When the deputy returned, Mrs. Rodriguez asked if they, like the other drivers, could receive a warning. The deputy declined. When Mrs. Rodriguez told the deputy that it appeared as though they were being targeted because of their race, the Rodriguez' were given a citation for failure to obey a traffic control devise. After being advised that they were free to leave, and driving to the exit of the Lake Bartlett preserve, the Rodriguez' finally saw the "Road Closed" sign. The Rodriguez' pulled to the side of the road where Mr. Rodriguez was able to speak with several drivers of other vehicle that had been pulled over in the same location by MCSO deputies. According to the Complaint, none of those drivers were asked to produce a social security card, nor had any of them received a citation. The Rodriguez' also allege that all of these other drivers were Caucasian.

C. Velia Meraz and Manuel Nieto, Jr.

Around March 28, 2008, Meraz and Nieto drove a vehicle from their family's auto repair business to a nearby gas station/convenience store. The windows of the car were down and Meraz was singing along to Spanish language music playing in the car. As they pulled into the parking lot, Meraz and Nieto noticed that there was a MCSO vehicle parked behind another vehicle located at one of the gas pumps. They also noticed that a MCSO deputy was speaking with two men who were in handcuffs. The deputy then yelled over to Meraz and...