Ramos v. Carbajal

• Decision Date: 31 March 2007
• Docket Number: No. CIV 05-969 JB/RLP.,CIV 05-969 JB/RLP.
• Citation: 508 F.Supp.2d 905
• Parties: Gabriel RAMOS, Plaintiff, v. Jeff CARBAJAL, former Grant County Clerk, and Sergeant Sam Rodriguez, in their individual capacities, Defendants.
• Court: U.S. District Court — District of New Mexico

508 F.Supp.2d 905

Gabriel RAMOS, Plaintiff, v. Jeff CARBAJAL, former Grant County Clerk, and Sergeant Sam Rodriguez, in their individual capacities, Defendants.

No. CIV 05-969 JB/RLP.

United States District Court, D. New Mexico.

March 31, 2007.

COPYRIGHT MATERIAL OMITTED

Nathan R. Gonzales, Silver City, NM, for Plaintiff.

MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on the Defendant Sam Rodriguez's Motion for Summary Judgment and Memorandum in Support, filed June 26, 2006 (Doc. 28)("Motion for Summary Judgment"). The Court heard argument on this motion on November 21, 2006. The primary issues are: (i) whether there is evidence that Plaintiff Gabriel Ramos was engaged in activities that the First Amendment protects which Defendant Sam Rodriguez abridged without justification; (ii) whether Rodriguez violated Ramos' Fourth Amendment right to be free from unlawful seizures; and (iii) whether a reasonable law enforcement officer in Rodriguez' position would have believed he had a reasonable basis for removing Ramos from the Grant County Administration Building ("GCAB"). Because the Court does not. believe that the factual record and all reasonable inferences therefrom, when considered in the light most favorable to Ramos, establishes that there is a genuine issue of material fact whether Ramos suffered a violation of his constitutional rights, the Court finds that Rodriguez is entitled to qualified immunity and will grant the motion.

FACTUAL BACKGROUND

On June 1, 2004, Grant County, New Mexico held a local election under the supervision of Defendant Jeff Carbajal, then Grant County Clerk. See Motion for Summary Judgment ¶ 2, at 1-2; Plaintiffs Response in Opposition to Defendant Sam Rodriguez's Motion for Summary Judgment ¶ 2, at 2, filed July 14, 2006 (Doc. 29)("Ramos' Response"). At the time of the election, Carbajal was serving as Clerk in an interim capacity, but was running for election to the position. See First Amended Complaint ¶¶ 7-8, at 2-3, filed May 30, 2006 (Doc. 21)("Complaint"). Ramos represents that, during the campaign preceding the election, he supported Carbajal's opponent, Howard Morales, and campaigned on Morales' behalf. See Ramos' Response ¶ 11, at 3; Transcript at 11:3-4 (Gonzales).

The election results were tabulated at the County Clerk's office, located in the GCAB, a public building in Silver City, New Mexico. See Complaint ¶ 11-13, at 2-3; Motion for Summary Judgment ¶¶ 2-3, at 1-2. The GCAB is an administrative office building that houses the offices of the county's clerk, commissioners, and assessor. See Complaint ¶ 10, at 2; Transcript of Hearing at 15:2-4 (Gonzales)(taken November 21, 2006)("Transcript").¹ After the polls were closed, Ramos went to the GCAB to observe the election results and to convey the results to a local news radio reporter. See Complaint ¶ 13, at 3; Motion for Summary Judgment ¶ 4, at 2. Ramos was stationed inside the GCAB, but outside the County Clerk's office. See Complaint ¶ 14, at 3; Answer to Plaintiffs First Amended Complaint ¶ 4, at 1, filed June 23, 2006 (Doc. 27)("Answer").

In response to a "911" call that Carbajal made, Rodriguez, an on-duty Sergeant with the Silver City Police Department, escorted Ramos from the GCAB premises. See Complaint ¶ 15, at 3; Motion for Summary Judgment ¶ 5, 7, at 2; Ramos' Response ¶ 12, at 4. Rodriguez represents that Carbajal indicated to him that Ramos was harassing and intimidating poll workers. See Complaint ¶ 16, at 3; Motion for Summary Judgment, ¶ 6, at 2. Rodriguez removed Ramos based solely on Carbajal's allegations. See Complaint ¶ 19, at 3; Reply Memorandum in Support of Defendant at' Sam Rodriguez's Motion for Summary Based on Qualified Immunity at 3-4, filed July 28, 2006 (Doc. 32)("Rodriguez' Reply").

With the exception of Carbajal, Rodriguez did not interview any individuals present at the GCAB at that time. See Response ¶¶ 12-13, at 4; Rodriguez' Reply at 3-4. According to a number of witness statements that Ramos Rodriguez grabbed Ramos by the and escorted him from the GCAB. See Complaint ¶ 17, at 3. Rodriguez states that the only physical contact between the men occurred when Ramos patted him on the back and shook his hand. See Motion for Summary Judgment ¶ 9, at 2; Motion for Summary Judgment, Exhibit A, Affidavit of Sam Rodriguez ¶ 5, at 2 (Rodriguez' Affidavit). Rodriguez did not take Ramos into custody. See Motion for Summary Judgment ¶ 9, at 2.

PROCEDURAL BACKGROUND

Ramos filed his Complaint against Rodriguez on May 30, 2006, asserting that Rodriguez violated Ramos' First Amendment Right to political association and deprived Ramos of his Fourth Amendment Right to be free from unreasonable seizures. See Complaint at 4-5. On June 26, 2006, Rodriguez filed this motion for summary judgment, pursuant to rule 56 of the Federal Rules of Civil Procedure, requesting the Court grant summary judgment on his behalf, because qualified immunity bars Ramos' action against him. See Motion for Summary Judgment at 1.

Rodriguez contends that he is entitled to qualified immunity as a matter of law, because Ramos failed to demonstrate that he suffered any constitutional violation and because there was nothing to indicate to Rodriguez that he was violating Ramos' constitutional rights when he asked him to See Motion for Summary Judgment at' 4-7. On July 13, 2006, Ramos filed a in opposition to Rodriguez' motion for summary judgment, asserting that Rodriguez is not entitled to qualified immunity, and that the Court should deny his motion for summary judgment. See Ragmos' Response at 2. Ramos counters that there is evidence in the record that directly disputes Rodriguez' contentions that he had a reasonable basis for removing Ramos from the GCAB and that Ramos voluntarily left the building. See Ramos' Response at 5. Ramos further asserts that the law was clearly established at the time of the incident so that a reasonable law enforcement officer would have known that a person may not be evicted from a polling place absent a basis to believe, based on a reasonable investigation, that the person is interfering with the election process or committing a crime. See Rodriguez' Reply at 10-11.

STANDARD FOR DECIDING SUMMARY JUDGMENT MOTIONS

Summary judgment shall be granted "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c). See Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The opposing party may not rest upon mere allegations and denials in the pleadings, but must set forth specific facts showing that there is a genuine issue for trial. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)(citing Fed. R.Civ.P. 56(e)). An issue of fact is "genuine" if the evidence is significantly probative or more than merely colorable such that a jury could reasonably return a verdict for the non-moving party. Id. at 249-50, 106 S.Ct. 2505 (citations omitted). Mere assertions or conjecture as to factual disputes are not enough to survive summary judgment. See Branson v. Price River Coal Co., 853 F.2d 768, 771-72 (10th Cir.1988).

The party seeking summary judgment has an "initial burden to show that there is an absence of evidence to support the nonmoving party's case." Munoz v. St. Mary-Corwin Hosp., 221 F.3d 1160, 1164 (10th Cir.2000)(quoting Thomas v. IBM, 48 F.3d 478, 484 (10th Cir.1995))(internal quotations omitted). Upon meeting that burden, the non-moving party must "identify specific facts that show the existence of a genuine issue of material fact." Munoz v. St. Mary-Corwin Hosp., 221 F.3d at 1164 (citations and internal quotations omitted). "The party opposing the motion must present sufficient evidence in specific, factual form for a jury to return a verdict in that party's favor." Id. (citations and internal quotations omitted).

The mere existence of a scintilla of evidence in support of the plaintiffs position is not sufficient; there must be evidence on which the fact finder could reasonably find for the plaintiff. See Anderson v. Liberty Lobby, Inc., 477 U.S. at 248, 106 S.Ct. 2505. The non-moving party must "go beyond the pleadings and by [his] own affidavits, or by the depositions, answers to interrogatories, and admissions on file, designate specific facts showing that there is a genuine issue for trial." Celotex Corp. v. Catrett, 477 U.S, at 324, 106 S.Ct. 2548 (internal quotations omitted). "In a response to a motion for summary judgment, a party cannot rest on ignorance of the facts, on speculation, or on suspicion and may not escape summary judgment in the mere hope that something will turn up at trial." Conaway v. Smith, 853 F.2d 789, 794 (10th Cir.1988). The non-moving party "must do more than simply show that there is some metaphysical doubt as to the material facts." Biester v. Midwest Health Servs., Inc., 77 F.3d 1264, 1266 (10 Cir.1996).

When evaluating a motion for summary judgment, the court examines the factual record and reasonable inference therefrom in the light most favorable to the party opposing summary judgment. See Sigmon v. CommunityCare HMO, Inc., 234 F.3d 1121, 1124-25 (10th Cir.2000). Moreover, the court may consider only admissible evidence when ruling on a motion for summary judgment. See World of Sleep, Inc. v. La-Z-Boy Chair, Co., 756 F.2d 1467, 1474 (10th Cir.1985)(citing Fed. R.Civ.P. 56(e)).

LAW REGARDING QUALIFIED IMMUNITY

Qualified immunity recognizes the legitimate "need to protect officials who are required to exercise their discretion and the related public interest in encouraging the vigorous exercise of official authority." Harlow v. Fitzgerald, 457 U.S. 800, 807, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982)(quoting Butz v....