Payne v. Wilder, CIV 16-0312 JB/GJF
| Decision Date | 24 August 2017 |
| Docket Number | No. CIV 16-0312 JB/GJF,CIV 16-0312 JB/GJF |
| Parties | CARA PAYNE, Plaintiff, v. LEE WILDER; MAYFRITZ BUCAG and DAVID CEBALLES, Defendants. |
| Court | U.S. District Court — District of New Mexico |
THIS MATTER comes before the Court on the Defendant Mayfritz Bucag's Motion for Summary Judgment on the Basis of Qualified Immunity, filed March 14, 2017 (Doc. 43)("MSJ"). The Court held a hearing on June 5, 2017. The primary issue is whether the undisputed material facts entitle Defendant Mayfritz Bucag to qualified immunity, because Plaintiff Cara Payne ("C. Payne") has not demonstrated that Bucag violated her clearly established constitutional rights when he agreed with Otero County Sherriff's Office Deputy Lee Wilder's statement that C. Payne could not have custody of her children unless she cooperated with a child abuse investigation. Because the Court concludes that, on this record of undisputed facts, Bucag is entitled to qualified immunity on C. Payne's claims sounding in federal due process, the Court will grant summary judgment as to those federal claims that C. Payne brings against Bucag. Accordingly, the Court grants Bucag's MSJ. Upon granting Bucag's MSJ, the Court notes that there are no longer any pending federal claims, and will thus decline to exercise supplemental jurisdiction and will remand to state court C. Payne's remaining New Mexico state procedural due-process claim brought against Wilder.
Before the Court addresses the MSJ's proffer of undisputed facts, the Court provides a brief synopsis of the background facts giving rise to C. Payne's case. The Court provides this background only for ease of readership and context. The Court draws its recitation of the relevant background facts from the Plaintiff's Amended Complaint for Damages and Petition for Declaratory and Injunctive Relief, filed April 19, 2016 (Doc. 1-2)("Complaint").
The Complaint alleges that, on July 8, 2015, Wilder, a law enforcement officer in Otero County, New Mexico, stopped and seized C. Payne in Alamogordo, New Mexico, for driving with a suspended license. See Complaint ¶ 7, at 1. Wilder represented that he was conducting a child abuse investigation, forced C. Payne to do a field sobriety test, and attempted to force C. Payne to allow him to search a home where C. Payne was staying as a house sitter for the owner of the home. See Complaint ¶¶ 7-11, at 2-3. Wilder -- C. Payne alleges -- did not have reasonable suspicion to support the notion that Payne was intoxicated. See Complaint ¶¶ 8-9, at 2. Regarding the home search, C. Payne refused to allow the search, and told Wilder that she had previously been under investigation by the State of New Mexico Children, Youth, and Families Department ("CYFD"), but that the investigation did not support allegations of abuse. See Complaint ¶¶ 10-11, at 2-3. Upon her refusal, Wilder contacted Defendant Mayfritz Bucag, a CYFD investigator, whom C. Payne alleges then contacted C. Payne's ex-husband and ordered him to not allow C. Payne custody of their children. See Complaint ¶¶ 12-14, at 3. C. Payne did not have custody or visitation rights after this traffic stop, as a consequence of Wilder and Bucag's directive, despite having the legal right to custody and visitation. See Complaint ¶¶ 15-16, at 3.
Wilder and Bucag then petitioned the district attorney's office in Otero County to file criminal charges against C. Payne for refusing to allow the search of a house where she was staying as a house sitter for the home's owner. See Complaint ¶ 18, at 4. In particular, the criminal charges would flow pursuant to N.M. Stat. Ann. § 30-6-4, which relates to obstruction of reporting or investigating child abuse or neglect. See Complaint ¶ 19, at 4. Wilder expects that charges will be filed against C. Payne. See Complaint ¶ 20, at 4. Defendant David Ceballes was the District Attorney for Otero County when C. Payne filed her Complaint. See Complaint ¶ 6, at 2.
"Deputy Lee Wilder was a Deputy Sheriff with the Otero County Sheriff's Office ('OCSO') at the time of the July 8, 2015 incident." MSJ ¶ 4, at 2 (asserting this fact). SeePlaintiff's Response to Defendant Bucag's Motion for Summary Judgment ¶ 2, at 2, filed April 11, 2017 (Doc. 48)("Response")(not disputing this fact).2 "Defendant Bucag, at all material times, was a social worker employed by New Mexico Children, Youth, and Families Department ('CYFD')." MSJ ¶ 5, at 2 (asserting this fact). See Response ¶ 3, at 2 (). "On July 8, 2015, Deputy Wilder received a referral from CYFD and Intake Report as part of an investigation into an anonymous tip alleging child abuse and neglect of Plaintiff Cara Payne's two children." MSJ ¶ 6, at 2 (asserting this fact). See Response ¶ 4, at 2 (). "Upon receipt of the CYFD referral and Intake Report, Deputy Wilder ran a background check on Plaintiff, Plaintiff's ex-husband Robert Payne, and Richard Herndon, to include a check on the status of their driver's licenses and determined that Plaintiff's driver's license was suspended." MSJ ¶ 7, at 3 (asserting this fact). See Response ¶ 5, at 2 ().
The anonymous tip included that the reporting party believed that Plaintiff's children may be subject to abuse, neglect, and potential physical harm, because Plaintiff resided with a felon wanted by other felons and law enforcement; Plaintiff was likely using Methamphetamine based upon her appearance; and thatPlaintiff might be found at 10 Coyote Run in La Luz, New Mexico.
MSJ ¶ 8, at 3 (asserting this fact). See Response ¶ 6, at 2 (). "On July 8, 2015, Defendant Wilder went to the address at 10 Coyote Run and tried to make contact with Plaintiff, however he got no answer at the door." MSJ ¶ 9, at 3 (asserting this fact). See Response ¶ 7, at 2 (). "As part of the joint CYFD and OCSO investigation, Deputy Wilder visited with Robert Payne, the children's father, to assess the validity of the facts in the anonymous tip." MSJ ¶ 10, at 3 (asserting this fact). See Response ¶ 8, at 2 (). "Robert Payne corroborated most of the information in the tip and told Defendant Wilder that he suspected Plaintiff was on Methamphetamine, was covered in scabs, suffered severe mood swings, and that Plaintiff's companion, Richard Herndon, was a felon living with Plaintiff." MSJ ¶ 11, at 3 (asserting this fact)(citing Deposition of Lee Wilder at 12:14-25 (taken November 16, 2015), filed March 14, 2017 (Doc. 43-1)("Wilder Depo.")).3
"Later, on July 8, 2015, Deputy Wilder stopped Plaintiff's vehicle knowing Plaintiff was driving with a suspended driver's license, to follow up with the investigation, and because he suspected Mr. Herndon may be hiding in the car behind the tinted windows." MSJ ¶ 12, at 3 (asserting this fact). See Response ¶ 10, at 2 (). "Upon pulling Plaintiff over, Plaintiff handed Deputy Wilder her driver's license and her attorney's business card and stated that she wanted her lawyer." MSJ ¶ 13, at 3-4 (asserting this fact). See Response ¶ 11, at 2 (). "Since at least July 8, 2015 Plaintiff has been represented by an attorney." MSJ ¶ 14, at 4 (asserting this fact). See Response ¶ 12, at 2 ().
During the traffic stop, Deputy Wilder came to believe that Plaintiff was under the influence of Methamphetamines relying on the information in the anonymous tip, his knowledge that she had been associated with Methamphetamine users in the past, and because she appeared to be covered in scabs, shaking, and extremely thin, consistent with Methamphetamine abuse.
MSJ ¶ 15, at 4 (asserting this fact)(citing Wilder Depo. at 36:16-24; id. at 39:3-8; July 8, 2015, Traffic Stop Video, filed in Clerk's Office on May 25, 2017 ("Traffic Stop Video"), see Notice of Filing Audio/Visual Material as Exhibit C to Defendant Lee Wilder's Motion for Summary Judgment on the Basis of Qualified Immunity and Memorandum in Support Thereof [Doc. 38],filed May 25, 2017 (Doc. 57)).4 "Plaintiff 'never doubted' that a child abuse complaint had beenmade against her." MSJ ¶ 16, at 4 (asserting this fact)(citing Deposition of Cara Payne at 24:24; 25:6-9 (taken November 16, 2015), filed March 14, 2017 (Doc. 43-2)("C. Payne Depo.").5 "Plaintiff knew since at least July 8, 2015, that Deputy Wilder had a duty to investigate theallegations of child abuse made against her." MSJ ¶ 17, at 4 (asserting this fact)(citing C. Payne Depo. at 25:16-21).6 "Plaintiff . . . in July 2015 . . . used Methamphetamine 'almost daily, maybe.'" MSJ ¶ 18, at 4 (asserting this fact)(citing C. Payne Depo. at 9:3-20; 28:23-25; 29:14). See Response ¶ 16, at 3 ().7 "On July 8, 2015, (during a traffic stop) Defendant Wilder informed Plaintiff that her live-in boyfriend, Mr. Herndon, had a warrant out for his arrest on July 8, 2015." MSJ ¶ 19, at 4 (asserting this fact). See Response ¶ 17, at 4 (). "When Defendant Wilder made contact with Plaintiff during the traffic stop, Defendant Wilder told Plaintiff that if she did not comply with the child abuse investigation, that she could not see her children." MSJ ¶ 20, at 4 (asserting this fact). See Response ¶ 18, at 4 ().8
"After Defendant Wilder spoke with Robert Payne, and he learned that the children were safely with him, he contacted Defendant Bucag to notify him of his findings." MSJ ¶ 22, at 5 (asserting this fact). See Response ¶ 20, at 4 (). "Later that day, on July 8, 2015, both Defendant Wilder and Defendant Bucag went to Robert Payne's home." MSJ ¶ 23, at 5 (asserting this fact). See Response ¶ 21, at 4 (...
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