Phipps v. Clark Cnty. Sch. Dist.

• Decision Date: 22 February 2016
• Docket Number: Case No.: 2:13-cv-0002-GMN-PAL
• Citation: 164 F.Supp.3d 1220
• Parties: John Phipps, as Guardian ad litem for M.P., a minor child; and Dina Phipps, Plaintiffs, v. Clark County School District; Lachelle James; J. Schell; D. Couthen; and M. Caldwell, Defendants.
• Court: U.S. District Court — District of Nevada

164 F.Supp.3d 1220

John Phipps, as Guardian ad litem for M.P., a minor child; and Dina Phipps, Plaintiffs,

v.Clark County School District; Lachelle James; J. Schell; D. Couthen; and M. Caldwell, Defendants.

Case No.: 2:13-cv-0002-GMN-PAL

United States District Court, D. Nevada.

Signed February 22, 2016

J. Mitchell Cobeaga, The Cobeaga Law Firm, Eckley M. Keach, Eckley M. Keach, Chtd., Robert. E. Murdock, Murdock & Associates, Las Vegas, NV, for Plaintiffs.

Kara B. Hendricks, Mark E. Ferrario, Moorea L. Katz, Greenberg Traurig LLP, Las Vegas, NV, for Defendants.

ORDER

Gloria M. Navarro, Chief Judge, United States District Court

This § 1983 action is brought on behalf of M.P., a minor child, by M.P.'s parents, John and Dina Phipps (collectively, “Plaintiffs”). Pending before the Court is Plaintiffs' Motion for Summary Judgment. (ECF No. 124). Defendants Sergeant Darnell Couthen, Detective Matthew Caldwell, and Detective Jeffrey Schell (collectively, “the Officer Defendants”) as well as Defendant Clark County School District (“CCSD”), filed a response in opposition, (ECF No. 131), and Plaintiffs replied, (ECF No. 135).

Also before the Court is Defendants' Motion for Summary Judgment. (ECF No. 125). Plaintiffs filed a response in opposition, (ECF No. 130), and Defendants replied, (ECF No. 136). For the reasons set forth herein, the Court will grant each of the Motions in part and deny them in part.

I. BACKGROUND

This case centers upon allegations that Defendants violated M.P.'s constitutional rights by facilitating several acts of physical abuse against him. (Am. Compl., ECF No. 36).

At the times relevant to this action, M.P. was a student at Variety School, an institution operated by CCSD which specializes in educating children with learning disabilities. (Defs.' Mot. p. 2 n.1, ECF No. 125). M.P. suffers from autism, and as a result of this condition he can neither speak nor write. (Am. Compl. ¶ 14). During the 2011-2012 academic year, M.P. was assigned to Classroom 25 at Variety School, which included approximately six other nonverbal students. (Harris Depo. 6:8-10, ECF No. 124-1); (Coleman Depo. 23:2-3, ECF. No. 124-3).

On January 18, 2012, the parents of D.M., another student assigned to Classroom 25, contacted the CCSD Police Department (“CCSD PD”), claiming that D.M. had arrived home from school with bruises on multiple occasions. (Chin Depo. 4:21-24, ECF No. 124-5). During his investigation of this claim, Officer Christopher Chin of the CCSD PD could not locate any records kept by the Variety School staff which offered insight into how D.M. may have received bruises while at school. (Id. 6:18-7:9).

On Friday, March 2, 2012, Chief James Ketsaa of the CCSD PD was informed by the CCSD Superintendent's Office that an advocate for one of the students of Classroom 25 had expressed concerns about recurring student injuries. (Ketsaa Depo. 17:1-15, ECF No. 124-10). That evening, the Officer Defendants installed hidden surveillance cameras in Classroom 25. (Couthen Depo. 17:13-19:3, ECF No. 124-12). The cameras were equipped both to transmit a live feed to a viewing location several miles away and also to record video for future review. (Id. at 19:7-10).

Though the Officer Defendants planned to have Detective Caldwell watch the live feed from the cameras on Monday, March 5, 2012, Detective Caldwell was ill on that day and did not attend work. (Couthen Depo. 11:25-12:2, Ex. W to Defs.' Mot.). As a result, none of the officers viewed the feed from the cameras until Tuesday, March 6, 2012. (Caldwell Depo. 7:4-15, ECF No. 124-14).

While viewing the live feed that morning, Detective Caldwell witnessed an incident in which Defendant Lachelle James, a classroom aide, repeatedly “dragg [ed]” M.P. to the ground and “pin[ned]” him to the floor with her knees and elbows. (Decl. of Arrest p. 1, ECF 124-2). During this incident, Detective Caldwell noted that M.P. “did not appear to be resisting or combative,” but did look as if he was crying. (Id. pp. 1-2). At one point, M.P. “crawl[ed] under a table” only to be dragged back to the center of the room by his wrist by Defendant James. (Id. p. 1).

A few minutes later, Detective Caldwell witnessed Defendant James, without any apparent provocation, repeatedly shove a different student who was also not resisting or being combative. (Id. p. 2). During this incident, Defendant James pushed the other student directly into M.P. (Id. ).

After viewing this incident via the live feed, Detective Caldwell contacted Sergeant Couthen and Detective Schell, who then viewed the recording of the incident. (Schell Depo. 12:17-24). After conferring about the appropriate course of action, the detectives drove to Variety School and discussed the established procedures for physically restraining students with the school's assistant principal and special education facilitator. (Decl. of Arrest p. 2). Upon concluding that Defendant James' actions were not in accordance with the school's official restraint procedures, the detectives placed Defendant James under arrest. (Id. ).

After the arrest, the detectives reviewed all of the footage recorded by the surveillance cameras on March 5 and 6, 2012. Plaintiffs allege that, in addition to the incident witnessed live by Detective Caldwell, the footage shows that Defendant James committed three additional batteries upon M.P. (Pls.' Mot. ¶¶ 32-34, 44-45). One of these alleged batteries took place approximately two hours after Detective Caldwell initially viewed the incident over the live feed. (Id. at ¶¶ 44-45). Defendant James subsequently pled guilty to two gross misdemeanor counts of child abuse, neglect, or endangerment. (Defs.' Mot 2:7-9).

The parties agree that the nature of the students' disabilities in Classroom 25 often caused them to exhibit behaviors which required the use of restraint techniques. (Pls.' Mot. ¶ 57); (Defs.' Mot. ¶ 16). Similarly, the parties do not dispute that before the incident in question, Defendant James underwent Crisis Prevention Intervention Training (“CPI Training”), which addressed how and when to physically restrain students in order to prevent them from harming themselves or others. (Pls.' Mot. ¶ 58); (Defs.' Mot. ¶ 20). It is also undisputed that some of the staff members assigned to Classroom 25 on March 6, 2012, had not undergone CPI Training, (Defs.' Mot. ¶ 6), and that none of the staff members in Classroom 25 on March 5, 2012, reported Defendant James for child abuse, (Pl.'s Mot. ¶ 62).

Based upon these facts and allegations, the Amended Complaint sets forth: (1) a claim for violations of 42 U.S.C. § 1983 against CCSD and the Officer Defendants; (2) a claim of battery against CCSD and Defendant James; (3) a request for punitive damages; and (4) a request for enhanced damages pursuant Nev. Rev. Stat. § 41.1395. (Am. Compl. ¶¶ 45-75).

In the instant Motions, Plaintiffs, CCSD, and the Officer Defendants each request that summary judgment be issued in their favor as to all of the claims at issue.

II. LEGAL STANDARD

The Federal Rules of Civil Procedure provide for summary adjudication when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). Material facts are those that may affect the outcome of the case. See Anderson v. Liberty Lobby, Inc ., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A dispute as to a material fact is genuine if there is sufficient evidence for a reasonable jury to return a verdict for the nonmoving party. See id. “Summary judgment is inappropriate if reasonable jurors, drawing all inferences in favor of the nonmoving party, could return a verdict in the nonmoving party's favor.” Diaz v. Eagle Produce Ltd. P'ship , 521 F.3d 1201, 1207 (9th Cir.2008) (citing United States v. Shumway , 199 F.3d 1093, 1103–04 (9th Cir.1999) ). A principal purpose of summary judgment is “to isolate and dispose of factually unsupported claims.” Celotex Corp. v. Catrett , 477 U.S. 317, 323–24, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

In determining summary judgment, a court applies a burden-shifting analysis. “When the party moving for summary judgment would bear the burden of proof at trial, it must come forward with evidence which would entitle it to a directed verdict if the evidence went uncontroverted at trial. In such a case, the moving party has the initial burden of establishing the absence of a genuine issue of fact on each issue material to its case.” C.A.R. Transp. Brokerage Co. v. Darden Rests., Inc. , 213 F.3d 474, 480 (9th Cir.2000) (citations omitted). In contrast, when the nonmoving party bears the burden of proving the claim or defense, the moving party can meet its burden in two ways: (1) by presenting evidence to negate an essential element of the nonmoving party's case; or (2) by demonstrating that the nonmoving party failed to make a showing sufficient to establish an element essential to that party's case on which that party will bear the burden of proof at trial. See Celotex Corp. , 477 U.S. at 323–24, 106 S.Ct. 2548. If the moving party fails to meet its initial burden, summary judgment must be denied and the court need not consider the nonmoving party's evidence. See Adickes v. S.H. Kress & Co. , 398 U.S. 144, 159–60, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970).

If the moving party satisfies its initial burden, the burden then shifts to the opposing party to establish that a genuine issue of material fact exists. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp ., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). To establish the existence of a factual dispute, the opposing party need not establish a material issue of fact conclusively in its favor. It is sufficient that “the claimed factual dispute be shown to require a jury or judge to resolve the parties' differing versions of the truth at...