Sandoval v. Las Vegas Metro. Police Dep't

• Decision Date: 24 February 2012
• Docket Number: No. 2:10–cv–1196–RCJ–PAL.,2:10–cv–1196–RCJ–PAL.
• Citation: 854 F.Supp.2d 860
• Parties: Jesus Rodriguez SANDOVAL, et al., Plaintiffs, v. LAS VEGAS METROPOLITAN POLICE DEPARTMENT, et al., Defendants.
• Court: U.S. District Court — District of Nevada

854 F.Supp.2d 860

Jesus Rodriguez SANDOVAL, et al., Plaintiffs,

v.LAS VEGAS METROPOLITAN POLICE DEPARTMENT, et al., Defendants.

No. 2:10–cv–1196–RCJ–PAL.

United States District Court,

D. Nevada.

Feb. 24, 2012.

Melinda M. Weaver, E. Brent Bryson, E. Brent Bryson, Ltd., Las Vegas, NV, for Plaintiffs.

Craig R. Anderson, Joshua L. Benson, Marquis & Aurbach, Las Vegas, NV, for Defendants.

ORDER

ROBERT C. JONES, District Judge.

This case involves claims of constitutional right violations, intentional infliction of emotional distress, assault and battery, and false imprisonment which allegedly occurred when officers of the Las Vegas Metropolitan Police Department entered the plaintiffs' home under the incorrect belief that a burglary was in progress. The Las Vegas Metropolitan Police Department along with Defendants Sergeant Jay Roberts and Officers Michael Dunn, Christopher Kohntopp, Justin Byers, and Troy Givens (collectively “Defendants”) have filed a motion for summary judgment (# 31). For the following reasons, Defendants' motion for summary judgment is granted.

BACKGROUND

I. Facts

At approximately 1:45 p.m. on October 24, 2009, the Las Vegas Metropolitan Police Department (“LVMPD”) received a 911 call from Albert Schouten reporting a prowler and possible burglary at 31 Onyx Way in Las Vegas, Nevada. (Schouten Stat. (# 31–3); Roberts Dep. (# 31–4) at 105). Schouten reported seeing two white males going over a fence into the backyard of 31 Onyx Way and attempting to open the sliding back door. (Schouten Stat. (# 31–3); Incident Recall (# 35–9)). The home was occupied by the Rodriguez family, which included Jesus Rodriguez Sandoval (“Sandoval”), his wife Adriana Rodriguez, and their two children, Henry Brian Rodriguez (“Henry”) (who was age eighteen at the time of the incident), and Kenya Rodriguez (who was age nine at the time of the incident). (Sandoval Dep. (# 31–1) at 25, 28). Before the police arrived, one of the two suspected prowlers jumped back over the fence and was picked up by a maroon SUV. (Schouten Stat. (# 31–3)). Sergeant Jay Roberts then arrived on the scene and interviewed Schouten, who pointed out the house the subjects had apparently attempted to enter. ( Id.; Roberts Dep. (# 31–4) at 118). Sergeant Roberts was concerned over the possible burglary because there had been a rash of daytime burglaries in the area where youth would skip school and ransack homes. (Roberts Dep. (# 31–4) at 119).

Officer Michael Dunn then arrived on the scene and Sergeant Roberts instructed him to cover the front of the home. ( Id. at 120). Officer Christopher Kohntopp then arrived and Sergeant Roberts instructed him to cover the back of the home while Sergeant Roberts and Officer Dunn investigated. ( Id.). Upon approaching the home, Sergeant Roberts and Officer Dunn observed that the side gate had been opened along with the security door to the garage and the door to the shed in the backyard. ( Id. at 122–23; Dunn Dep. (# 31–5) at 61). These factors combined with the fact that daytime burglaries by youth were common in the area caused Sergeant Roberts to become concerned that a burglary may be occurring. (Roberts Dep. (# 31–4) at 122–23; Dunn Dep. (# 31–5) at 61).

Sergeant Roberts and Officer Dunn then proceeded into the backyard, where Officer Dunn checked the shed to see if anyone was there. (Roberts Dep. (# 31–4) at 129). The officers then approached the rear sliding door that Schouten had indicated the suspects had attempted to open and noticed it to be ajar a few inches. ( Id. at 129–30). Sergeant Roberts instructed Officer Dunn to cover the sliding door while Sergeant Roberts set out to finish clearing the backyard. ( Id. at 132). As Sergeant Roberts approached the window to the home with his gun drawn in the low-ready position, he observed three young males moving around in the room. ( Id. at 135–36, 157). Unknown to the officers, the three males were Henry and his friends Jordhy Leal and David Madueno, whom Henry had invited over to play video games, watch television, and listen to music. (Henry Dep. (# 31–7) at 24, 28).

Sergeant Roberts stated that his first inclination upon sighting the three males in the room was that these were the suspects and that they were ransacking the room. (Roberts Dep. (# 31–4) at 136). With his gun pointed inside the bedroom window, Sergeant Roberts yelled “Metro Police, put your hands up.” ( Id. at 154; Henry Dep. (# 31–7) at 34). Henry claims Sergeant Roberts began yelling conflicting commands, such as “Don't move!” and “Turn down the music.” (Henry Dep. (# 31–7) at 34). Upon hearing Sergeant Roberts make multiple commands to the suspects to show him their hands and to “stop reaching for stuff”, Officer Dunn entered the home through the sliding door to help control the situation, because Sergeant Roberts could not from his position. (Dunn Dep. (# 31–5) at 76).

Officer Dunn then posted up the hallway and took over as lead officer due to his position and started to give verbal commands to the three young men. ( Id. at 81). Officer Dunn ordered the young men to exit the room and to show him their hands. ( Id. at 84–85). Before complying with the command, Henry told Sergeant Roberts that he had to take care of his dog (a pit bull) who was in the room with them, but was instructed to open the front door. (Henry Dep. (# 31–7) at 34–35). As the suspects exited the room, the dog ran past the young men and lunged at Officer Dunn. (Dunn Dep. (# 31–5) at 86). When the dog was less than two feet away from Officer Dunn and about one foot from David, Officer Dunn shot the dog in the face. ( Id. at 87; David Dep. (# 31–8) at 33). Officer Dunn reported the shooting over the radio and requested animal control. (Dunn Dep. (# 31–5) at 113). Henry grabbed the dog and Officer Dunn ordered Jordhy and David to get on the ground. ( Id. at 88; Jordhy Dep. (# 31–2) at 54). Jordhy and David were handcuffed and led outside along with Henry, who was holding the pit bull. (Jordhy Dep. (# 31–2) at 56, 65). While leading the young men outside, the officers inquired as to who they were and why they were on the property. ( Id. at 66). Jordhy and David were sat down on the front lawn for forty minutes while Henry remained with the dog. ( Id. at 66, 89). Henry was understandably upset that his dog had been shot and repeatedly screamed at the officers, “why the f* * * they shoot my dog.” (Henry Dep. (# 31–6) at 58).

Henry was then allowed to call his father. ( Id. at 60). Once Sandoval heard of the incident from Henry, he rushed home with his daughter, Kenya. (Kenya Dep. (# 31–8) at 14). Sandoval quickly drove up to the house, exited the vehicle with his cane (which was needed because he was recovering from recent back surgery) and began walking toward the scene. (Sandoval Dep. (# 31–1) at 45). Sandoval had only taken a few steps when he was told to “stop there” by the officers. ( Id.). He did not get any closer but began yelling and cursing at the officers. ( Id. at 46–47). Sandoval saw Henry covered in blood and believed his son had also been shot. ( Id. at 43). An officer instructed him to “calm down” and began explaining to him what had transpired. ( Id. at 47–48). He was still very upset and attempted to approach the scene but was denied by the officers. ( Id. at 50–51). At this point, Sergeant Roberts instructed that Sandoval be handcuffed, and an officer grabbed him by his arm and pulled up, making it difficult for him to walk. ( Id. at 51, 53). Sandoval told the officer he had just had surgery and that the action was hurting him. ( Id.). He was then pushed against the police car and handcuffed. ( Id. at 53–54). Sandoval told the officer “please don't do this, I just had surgery, I had a back surgery about 15 days ago.” ( Id. at 55). The officer then placed him face down in the car. ( Id. at 56–57).

Due to his recent surgery, Sandoval was in pain and began screaming for his medicine. ( Id. at 62). Between 25–30 minutes later, an officer came up to Sandoval and asked him what he wanted. ( Id. at 62–63). Sandoval requested his medicine and the officer obtained it for him, helped him out of the car, and ordered him to stand behind the yellow police tape. ( Id. at 63–67).

Animal control eventually arrived on the scene and Henry ran towards the truck and put the dog inside. (Henry Dep. (# 31–6) at 72). Henry was very agitated and started yelling at the officers. (Givens. Decl. (# 31–9); Henry Dep. (# 31–2) at 83). Officer Troy Givens then handcuffed Henry and placed him in the back of his patrol car until Harry calmed down. (Givens. Decl. (# 31–9)). Henry was later released and told to stand behind the yellow tape with his family. (Henry Dep. (# 31–6) at 77). David and Jordhy were also released. (Sandoval Dep. (# 31–1) at 90; David Dep. (# 31–7) at 57). It was later learned the dog died of its injuries. (Mot. for Summ. J. (# 31) at 9; Opp'n to Mot. for Summ. J. (# 35) at 6). None of the members of the Rodriguez family or Jordhy or David were ever charged or cited with a crime. (Roberts Dep. (# 31–4) at 52–53).

II. The Complaint

Jesus Rodriguez Sandoval, Adriana Rodriguez (individually and as guardian ad litem for Kenya Rodriguez), Henry Rodriguez, Martha Leal (as guardian ad litem for Jordhy Leal), and Monica Moreno (as guardian ad litem for David Madueno) (collectively “Plaintiffs”), filed a complaint on July 19, 2010 against the Las Vegas Metropolitan Police Department, County of Clark, and Doe Officers I–X. (Compl. (# 1)). Plaintiffs later amended their complaint on May 25, 2011 to add as defendants Sergeant Jay Roberts, Officer Michael Dunn, Officer Christopher Kohntopp, Officer Justin Byers, and Officer Troy Givens. (Am. Compl. (# 15)). The amended complaint contains six causes of action, including: (1) violation of the civil right to life and security of persons under 42 U.S.C. § 1983; (2) municipal liability under 42 U.S.C. § 1983; (3) violation of the civil right to familial...