Payne v. Wilder
| Decision Date | 18 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 Defendant's Motion for Summary Judgment on the Basis of Qualified Immunity, filed February 23, 2017 (Doc. 38)("MSJ"). The Court held a hearing on June 5, 2017. The primary issues are: (i) whether the undisputed material facts entitle the Defendant Lee Wilder to qualified immunity, because the Plaintiff Cara Payne ("C. Payne") has not demonstrated that Wilder violated her clearly-established constitutional rights when he executed a traffic stop of C. Payne for a suspended driver's license and further discussed with her -- and her ex-husband -- his investigation into allegations against her for child abuse, allegations which he considered to be cause to not entitle her to custody of her children in accordance with a civil custody agreement; and (ii) whether Wilder is entitled to summary judgment on C. Payne's claims brought pursuant to the New Mexico Constitution and premised in Wilder's same conduct. Because the Court concludes that, on this record of undisputed material fact, Wilder is entitled to qualified immunity on C. Payne's claims sounding in federal due process and unreasonable search and seizure theories, the Court will grant summary judgment as to those federal claims. The Court further concludes that Wilder is entitled to summary judgment as to C. Payne's claims sounding in New Mexico substantive due process and unreasonable search and seizure, because this record of undisputed material facts demonstrates that Wilder did not commit such constitutional violations in the course of his alleged conduct. The Court concludes, however, that this record of undisputed material facts does not entitle Wilder to summary judgment as to C. Payne's claims sounding in New Mexico procedural due process, because C. Payne has asserted facts creating a genuine dispute whether Wilder's conduct resulted in a state-deprivation of her custody over her children without meaningful process before -- or after -- the deprivation. Accordingly, the Court grants in part and denies in part Wilder's MSJ.
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 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 shehad 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, who 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 Officer ('OCSO') at the time of the July 8, 2015, incident." MSJ ¶ 1, at 3 (asserting this fact). See Plaintiff's Response to Defendant Wilder's Motion for Summary Judgment ¶ 1, at 1, filed March 27, 2017 (Doc. 50)("Response")(not disputing this fact). "Deputy Wilder has never been employed by the New Mexico [CYFD]." MSJ ¶ 2, at 3 (asserting this fact). See Response ¶ 2, at 1 (). "On July 8, 2015, Deputy Wilder received a referral from CYFDand Intake Report as part of an investigation into an anonymous tip alleging child abuse and neglect of Plaintiff Cara Payne's two children." MSJ ¶ 3, at 3 (asserting this fact). See Response ¶ 3, at 1 (). "Upon receipt of the CYFD referral and Intake Report, Deputy Wilder ran a background check on Plaintiff, Plaintiff's ex-husband, Robert Payne [('R. Payne')], and Richard Herndon, including a check on the status of their driver's licenses and determined that Plaintiff's driver's license was suspended." MSJ ¶ 4, at 3 (asserting this fact). See Response ¶ 4, at 1 (). "As part of the CYFD investigation, Deputy Wilder visited with Robert Payne, the children's father, to assess the validity of the facts in the anonymous tip." MSJ ¶ 5, at 3 (asserting this fact)(citing Deposition of Lee Wilder at 10:19-21 (taken November 16, 2015), filed February 23, 2017 (Doc. 38-1)("Wilder Depo.").1
The anonymous tip explained that the reporting party believed Plaintiff's children may 1) be subject to abuse, neglect, and potential physically harm, because Plaintiff resided with a felon wanted by other felons and law enforcement; 2) Plaintiff was likely using methamphetamine based upon her appearance; and 3) predicted Plaintiff might be found at 10 Coyote Run in La Luz, New Mexico.
MSJ ¶ 6, at 3-4 (asserting this fact). See Response ¶ 6, at 1 (). "Mr. Payne corroborated most of the information in the tip explaining that he suspected Plaintiff was on methamphetamine, was covered in scabs, suffered severe moods swings, and that Plaintiff's husband Richard Herndon was a felon living with Plaintiff." MSJ ¶ 6, at 3-4 (asserting this fact)(citing Wilder Depo. at 12:1-25).2 "Deputy Wilder traveled to the house Plaintiff was then residing at located at #10 Coyote Run in La Luz, New Mexico to continue the investigation but no one answered the door." MSJ ¶ 8, at 4 (asserting this fact). See Response ¶ 8, at 1 (). "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 her on the investigation, and because he suspected Mr. Herndon could be hiding behind the tinted windows in the vehicle." MSJ ¶ 9, at 4 (asserting this fact). See Response ¶ 9, at 2 ().
During the traffic stop, Deputy Wilder came to believe 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 covered in scabs, shaking, and extremely thin consistent with methamphetamine usage.
MSJ ¶ 10, at 4 (asserting this fact)(citing Wilder Depo. 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)).3 "Also during the traffic stop, Deputy Wilder informed Plaintiff that shecould not see her children if she did not cooperate with the CYFD investigation." MSJ ¶ 11, at 4 (asserting this fact). See Response ¶ 11, at 2. "Despite his conversation with Plaintiff, Deputy Wilder never removed the children from Plaintiff's [physical custody]."4 MSJ ¶ 12, at 5 (asserting this fact)(alterations added using language from the Response)(citing Wilder Depo. at 27:23-25; id. at 28:1-24; id. at 29:1-6). See Response ¶ 12, at 2 (). "Based on Plaintiff's appearance and Deputy Wilder's knowledge of her prior association with methamphetamine users, Deputy Wilder administered a field sobriety test and she passed, [performing well]."5 MSJ ¶ 13, at 5 (asserting this fact)(alterations added usinglanguage from the Response)(citing Wilder Depo. at 37:21-23; id. at 38:14-17; id. at 39:3-16). See Response ¶ 12, at 2 ().6 "Plaintiff and Mr. Payne shared jointcustody over the children per a custody order." MSJ ¶ 15, at 5 (asserting this fact). See Response ¶ 15, at 2 ().7
During the traffic stop Wilder said that he had been looking for Plaintiff. She told him that she did not have her children, that they were with their dad. Plaintiff handed Defendant her driver's license and her lawyer's card and asked for her lawyer. Defendant told Plaintiff that he needed to...
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