Rivera v. Bates
| Decision Date | 21 June 2014 |
| Docket Number | No. CIV 12-0473 JB/RHS,CIV 12-0473 JB/RHS |
| Parties | SERGIO RIVERA, Plaintiff, v. KAREN BATES and MICHAEL HERNANDEZ, in their individual capacities, Defendants. |
| Court | U.S. District Court — District of New Mexico |
THIS MATTER comes before the Court on Defendant Michael Hernandez' Motion for Summary Judgment and Memorandum in Support, filed on November 4, 2013 (Doc. 58)("MSJ"). The Court held a hearing on January 29, 2014. The primary issues are: (i) whether Defendant Michael Hernandez was enforcing a facially valid court order when he arrested Plaintiff Sergio Rivera, and, thus, is entitled to absolute quasi-judicial immunity for S. Rivera's false arrest claim against him; (ii) whether the false arrest claim in S. Rivera's Complaint for Civil Rights Violations, Tort Claims, and Damages, filed May 3, 2012 (Doc. 2)("Complaint"), encompasses an unlawful entry claim that Hernandez entered or directed other officers to enter S. Rivera's residence without knocking and announcing their presence; (iii) whether Hernandez used excessive and unreasonable force against S. Rivera during the arrest when four other officers, not Hernandez, pointed their guns at S. Rivera's head during the arrest, and when Hernandez escorted S. Rivera down a road outside when S. Rivera's penis was exposed through his boxer shorts; and (iv) whether, if the Court dismisses the federal claims, the Court should exercise supplemental jurisdiction over the remaining state-law tort claims. TheCourt will grant the MSJ in part and deny it in part; it will dismiss with prejudice the federal claims and dismiss without prejudice the state-law tort claims. Hernandez is entitled to absolute immunity for enforcing a facially valid court order when he arrested S. Rivera, and, thus, the Court will dismiss S. Rivera's claim against Hernandez for false arrest. S. Rivera did not plead in his Complaint that Hernandez unlawfully entered his residence, and the facts as developed in the record do not support the claim, and, thus, the Court will not permit S. Rivera to amend the Complaint to include an unlawful entry claim. Although there is evidence that the officers inside S. Rivera's residence pointed their guns at S. Rivera's head during the arrest, Hernandez was not inside the house, and did not cause or direct the other officers to point their guns at S. Rivera's head. On S. Rivera's excessive force claim based on Hernandez' conduct in walking S. Rivera to the police vehicle while S. Rivera's penis was exposed through his boxer shorts, although a reasonable jury could conclude that Hernandez arrested S. Rivera in an unreasonable manner, the law was not clearly established; thus, the Court will dismiss the excessive and unreasonable force claim against Hernandez. Finally, because the Court is dismissing all of the federal claims in this case, the Court will decline to exercise supplemental jurisdiction over the remaining state-law tort claims.
S. Rivera has been arrested at least ten times and, at least at one point, was a gang member. See Deposition of Sergio Rivera at 46:21-23, taken August 16, 2013, filed November 4, 2013 (Doc. 58-1), & filed November 21, 2013 (Doc. 59-4)("S. Rivera Depo."); Defendant Hernandez's First Request for Admissions to Plaintiff Sergio Rivera, Nos. 17-18, at 2, filed November 4, 2013 (Doc. 58-2)("RFA"); MSJ ¶ 2, at 2 ().1In 2004,2 S. Rivera was arrested for a misdemeanor aggravated battery on a household member and was sentenced to one year of incarceration, six months of which was suspended and spent on supervised probation. See Judgment, Partially Suspended Sentence and Commitment to Metropolitan Detention Center, filed in original case December 8, 2005, filed November 21, 2013 (Doc. 59-1)("Judgment"); Response ¶ a, at 4 ().3 S. Riverasuccessfully completed his probation and was discharged from parole on October 4, 2006. See Order of Discharge on Suspended Sentence, filed in original case October 4, 2006, filed November 21, 2013 (Doc. 59-2); Response ¶ a, at 4 ().4
On May 5, 2010, a Second Judicial District Court Judge signed and issued a bench warrant for S. Rivera's arrest in Cause No. D-202-CR-200404059, for allegedly failing to comply with his probation conditions. See Bench Warrant, dated May 5, 2010, filed November 4, 2013 (Doc. 58-3); MSJ ¶ 3, at 2 (); Response at 3 (). The warrant was issued in error, because S. Rivera successfully completed probation in September, 2006, and his supervisor closed his case in October, 2006. See Deposition of Victoria Lounello at 5:16-9:4, taken March 8, 2013, filed November 21, 2013 (Doc. 59-3)("Lounello Depo."); Response ¶ b, at 4 ().5 S. Rivera's photograph and warrant number were published in a paper showing wanted Albuquerque, New Mexico, fugitives. See Newspaper Wanted List, filed November 21, 2013 (Doc. 59-6); Response ¶ m, at6 (setting forth this fact).6 S. Rivera was aware in May, 2010, that there was a warrant for his arrest. See S. Rivera Depo. at 88:21-23; MSJ ¶ 4, at 2 (); Response at 3 (). After he became aware of the warrant for his arrest, S. Rivera avoided going to work, see S. Rivera Depo. at 85:3-4; MSJ ¶ 5, at 2 (),7 because he did not want to be arrested in front of his coworkers, see S. Rivera Depo. at 84:4-88:20; Response at 3 ().
On June 9, 2010, S. Rivera resided at 2307 Hooper Road SW, with his mother and his sister, who has a traumatic brain injury. See S. Rivera Depo. at 10:3-11:7; Response ¶ c, at 4 ().8 On that date, S. Rivera was at home during the day sleeping, because hehad consumed a lot of alcohol the prior day. See S. Rivera Depo. at 90:4; id. at 92:13-25; MSJ ¶ 6, at 2 ().9 Meanwhile, the Albuquerque Police Department Night Detective Unit had received a crime stoppers' tip that S. Rivera had a warrant for his arrest and could be located at 2300 Hooper Road SW. See Affidavit of Elder Guevara ¶ 3, at 1, dated September 12, 2013, filed November 4, 2013 (Doc. 58-4)("Guevara Aff."); Affidavit of Michael Hernandez ¶ 3, at 1, filed November 4, 2013 (Doc. 58-5)("Hernandez Aff."); MSJ ¶ 7, at 2 (); Response at 3 (). Detective Michael Hernandez confirmed the existence of the warrant, and then he and other detectives went to 2300 Hooper Road SW. See Guevara Aff. ¶ 3, at 1; Hernandez Aff. ¶ 5, at 1; MSJ ¶ 8, at 3 (); Response at 3 (). When the detectives arrived, a female met them outside and told them that S. Rivera was inside asleep. See Guevara Aff. ¶ 4, at 1; Hernandez Aff. ¶ 6, at 2; MSJ ¶ 9, at 3 (); Response at 3 (). Hernandez stayed outside of the residence with this female while the other detectives wentinside. See Hernandez Aff. ¶ 7, at 2; MSJ ¶ 10, at 3 (); Response at 3 (). Hernandez believed that the woman outside the house was S. Rivera's mother, Ramona Rivera, see Hernandez Aff. ¶¶ 6-7, at 2, but R. Rivera said she was in the shower when the officers came to her home and that her daughter, who has a traumatic brain injury and short-term memory loss, was outside walking the dogs when the officers came to the house, see Deposition of Ramona Rivera at 13:14-14:4, taken August 19, 2013, filed November 21, 2013 (Doc. 59-5)("R. Rivera Depo."); id. at 16:9-25; Response ¶ e, at 5 (); Reply ¶ C, at 3 ().
The front door of the house was open, but the screen door was closed. See S. Rivera Depo. at 95:9-10. There is no evidence that the detectives knocked on the door or announced their presence before entering the Rivera home. See Guevara Aff. ¶¶ 1-8, at 1-2; Hernandez Aff. ¶¶ 1-18, at 1-3; Response ¶ d, at 4-5 ().10 S. Rivera said that, although he was not certain that the officers did not knock, he did not hear them knock, ring the doorbell, orannounce themselves, but that they "opened the door and just went right in." S. Rivera Depo. at 94:16-96:17. See Response ¶ g, at 5 ().11 He also testified that he was asleep inside the residence and awoke to four officers surrounding him. See S. Rivera Depo. at 94:16-95:17; MSJ ¶ 11, at 3 (); Response at 3 (). S. Rivera acknowledges that he was not "a hundred percent coherent" at the time, because he was "half drunk and then half asleep." S. Rivera Depo. at 95:25-96:1; id. 96:21-23. See MSJ ¶ 12, at 3 (); Response at 3 (). S. Rivera testified that, when he awoke, he had a hangover, but was aware of four police officers pointing their guns at his head. See S. Rivera Depo. at 95:2-96:17; Response ¶ h, at 5 (); Reply (not disputing this fact).
When R. Rivera came into the room where S. Rivera was sleeping, she saw that the officers had him on his stomach and were placing him in handcuffs. See R. Rivera Depo. at 17:6-12. See Response ¶ f, at 5 (); Reply ¶ D, at 3 ().When the police officers lifted her son off the bed, she saw that her son was wearing only boxer shorts and that he had a "hard-on," meaning "[h]is penis was sticking out of his shorts." R. Rivera Depo. at 18:2-7. See Response ¶ f, at 5 (); Reply ¶ D, at 3 (). When he awoke, he was wearing only boxers, was "exposed," and the officers did not permit him to cover or dress himself; although they put a blanket on him for about ten seconds, they took it off and took him outside in front of his neighbors, still exposed. S. Rivera Depo. at 97:4-21. See id. at 101:1-22; Response ¶¶...
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