Sosa v. Hames
| Decision Date | 07 October 2008 |
| Docket Number | No. 05-23079-CIV.,05-23079-CIV. |
| Citation | 581 F.Supp.2d 1254 |
| Parties | Raul SOSA, Plaintiff, v. Peter HAMES, et al., Defendants. |
| Court | U.S. District Court — Southern District of Florida |
John David Mallah, Maitland, FL, Peter B. Schlueter, Schlueter & Schlueter, San Bernardino, CA, for Plaintiff.
Assistant County Attorneys Craig E. Leen, Erica S. Zaron, and Eduardo W. Gonzalez, Miami-Dade County, FL, for Defendants.
ORDER ON MOTION FOR SUMMARY JUDGMENT
THIS CAUSE came before the Court upon Defendants, Miami-Dade County (the "County"), Peter Hames ("Hames"), Eliezer Torres ("Torres"), and Elio Gonzalez's ("Gonzalez['s]") Omnibus Motion by All Defendants for Summary Judgment ("Motion") [D.E. 192], filed on June 9, 2008. Hames, Torres, and Gonzalez move for summary judgment in their favor on Plaintiff, Raul Sosa's ("Sosa['s]") 42 U.S.C. § 1983 individual capacity claims (Counts I, II and III of the Amended Complaint [D.E. 67]), arguing that they are entitled to qualified immunity. The County moves for summary judgment as to the Section 1983 Monell claim (Count VI), arguing Plaintiff has failed to identify an official policy of the County that subjects it to liability.1 The Court has carefully considered the parties' written submissions, the record, and applicable law.
Hames was a detective in the Miami-Dade Police Department assigned to the Auto Theft Task Force (the "Task Force") from 2000 until his retirement in 2006. (See Dep. of Peter Hames ("Hames Dep.") [D.E. 193-2, 213-7] at 4:8 to 6:2). Torres, a detective, and Gonzalez, a sergeant, were also assigned to the Task Force. (See Dep. of Elio Gonzalez ("Gonzalez Dep.") [D.E. 193-4] at 5:5-14, 37:21 to 38:22; Dep. of Eliezer Torres ("Torres Dep.") [D.E. 193-5] at 59:12 to 60:7).
The Task Force is a multi-agency organization comprised of officers from various jurisdictions (federal, state, county, and municipal police departments) that investigates crimes related to automobiles, including auto theft, the improper towing of automobiles, and the nonpayment of certain taxes and fees to the State of Florida. (See Dep. of Greg Terp [D.E. 193-10] at 96:2 to 97:19; Gonzalez Dep. at 57:17-20, 66:2-11; Torres Dep. at 59:12 to 60:2). The Task Force conducted an investigation into salvage motor vehicle dealers and the towing industry in Florida in 2003 and 2004. (See Investigative Report [D.E. 193-3] at 1).
Sosa operated and managed Accion 1 Auto Sales and Accion 1 Towing (collectively "Accion") in Miami-Dade County. (See Am. Compl. ¶ 4; Hames Dep. at 51:4-23; Investigative Report at 2-3). By October 2003, Sosa had obtained a dealership license for his business. (See Decl. of Raul Sosa ("Sosa Decl.") [D.E. 213-16] ¶ 14). On October 3, 2003, the Task Force conducted an administrative business inspection of Accion. (See Investigative Report at 2). Hames documented his version of the events at this inspection in an Investigative Report under Case/Filing Number 13870-C. (See id.). Sosa was not initially present but arrived while the inspection was in progress. (See id.; Sosa Decl. ¶ 12). Upon arriving at Accion, Sosa contacted an attorney, Manuel Gonzalez, Jr., who arrived at the scene sometime thereafter. (See Investigative Report at 2; Sosa Decl. ¶ 16).
The inspection revealed that Sosa was purchasing motor vehicles from other independent towing companies and selling them for salvage. (See Investigative Report at 3). Sosa was not transferring the titles for these vehicles into his name nor was he paying sales tax (see id.); Sosa does not believe he was required to do so. (See Sosa Decl. ¶ 15). Sosa was also rubber stamping "Accion 1 Towing" at the bottom of the titles while signing "Accion 1 Auto Sales." (See Investigative Report at 3). At the conclusion of the inspection, the Task Force impounded several motor vehicles, two forklifts, two tow trucks, and a plastic box that contained miscellaneous State of Florida motor vehicle titles, towing invoices, and ledger sheets. (See id.).
Sosa asserts that several television crews from local media were present at Accion for the October 3, 2003 inspection. (See Sosa Decl. ¶ 12). While Defendants concede that media was present for an inspection at Accion, they claim the evidence is unclear as to whether the media was present at was the October 3, 2003 inspection or at a subsequent inspection that occurred in January 2004. (See Hames Dep. at 211:5-25).
On October 4, 2004, Hames submitted an affidavit in support of a search warrant (the "Affidavit") to a state judge. (See Oct. 4, 2004 Aff. for Search Warrant [D.E. 194-10]). Hames sought a warrant to search Sosa's residence for documents related to the following felonies: "grand theft, forgery, [and] offenses involving vehicle identification numbers, applications and certificates, Florida State Statutes, 812.014, 831.01, and 319.33 respectively." (Id. at 1). In support of the request for a search warrant and to establish probable cause, Hames described the following series of events.
Hames conducted a business inspection of Diaz Towing, managed by Lazaro Galan, on September 22, 2004. (See id. at 2). At the inspection, Hames learned that Galan had forged Officer William Clayton's signature on blank City of Miami certificates of destruction. . Galan advised Hames that Accion was the only company that purchased cars from Diaz Towing. (See Oct. 4, 2004 Aff. for Search Warrant at 2; Villaverde Dep. at 25:2 to 26:7, 32:4-24).
As a result of this inspection, Hames described how he sought and obtained a search warrant for the business premises of Accion. (See Oct. 4, 2004 Aff. for Search Warrant at 2; Sept. 27, 2004 Search Warrant [D.E. 194-9]). Hames served the search warrant on Accion on September 28, 2004, when Sosa was present. (See Oct. 4, 2004 Aff. for Search Warrant at 2). According to Hames, no business records were found at the business offices of Accion , a charge which Sosa denies. (See Sosa Decl. ¶ 34). Karen Reyes, a supervisor with the Division of Motor Vehicles, assisted Hames with the execution of the search warrant and spoke to Sosa regarding records that were required to be maintained at his business. (See Oct. 4, 2004 Aff. for Search Warrant at 2). Reyes asked Sosa where his business records were kept, and Sosa responded that he was keeping these records at his home. (See id.; Gonzalez Dep. at 155:8-16). Sosa denies this conversation occurred as described in the Affidavit. (See Sosa Decl. ¶ 34).
Hames was further informed by Sergeant Winsor Lozano of the City of Miami Auto Theft Unit that Lozano had reviewed the records of U-Pull-It and determined that twenty-nine stolen motor vehicles had been sold to U-Pull-It by Accion. (See Oct. 4, 2004 Aff. for Search Warrant at 3; Dep. of Lawrence Danielle [D.E. 194-4] at 25:8 to 29:25; Hames Dep. at 63:6 to 64:17). Hames spoke with Lawrence Danielle, the owner of U-Pull-It, and reviewed the records for the twenty-nine vehicles. (See Oct. 4, 2004 Aff. for Search Warrant at 3; Hames Dep. at 68:3 to 69:23). Hames determined that all of the vehicles had been sold to U-Pull-It with forged City of Miami certificates of destruction. (See Oct. 4, 2004 Aff. for Search Warrant at 3; Hames Dep. at 68:3 to 69:23). A further review of U-Pull-It's records revealed that Accion had sold more than fifteen thousand motor vehicles to U-Pull-It since January 1, 2004. (See Oct. 4, 2004 Aff. for Search Warrant at 3; Hames Dep. at 68:3 to 69:23).
On October 4, 2004, the court issued a search warrant for Sosa's residence (the "Warrant") based upon the information contained in the Affidavit. (See Oct. 4, 2004 Search Warrant [D.E. 194-11]). The Warrant sought "any and all records pertaining to the purchase, sale or acquisition of, or disposal of any motor vehicle, any and all documentation written or computer generated involving computer files and programs, any and all financial records relating to offenses involved in grand theft, forgery, offenses involving vehicle identification numbers, applications, and certificates." (Id. at 2). The Warrant authorized officers to "seize" the property sought and "to arrest all persons in the unlawful possession thereof." (Id.).
The Warrant was executed on October 5, 2004, as a "high risk" warrant which included the use of the County's Strategic Response Team ("SRT"). (See Gonzalez Dep. at 160:21 to 161:1-7; Dep. of Lazaro Aleman [D.E. 194-5] at 4:2-8). No one was at Sosa's residence when the Warrant was executed. (See After Action Report [D.E. 194-12] at 3). The SRT wrecker was used to forcibly gain access to the front yard of Sosa's residence by removing the front gate off of its track. (See id.). After officers received no response to a knock and announcement at the front door, the SRT used a sledgehammer to breach the locked door. (See id.).
Inside the house, a locked door leading to a bedroom was also damaged when the SRT breached it. (See id.). A bookshelf was damaged when the SRT moved it, and decorative ornaments were damaged as various pieces of furniture were displaced. (See id.). Officers removed an alarm speaker because the alarm made communications between the officers difficult. (See id.). Officers also removed surveillance cameras along the perimeter of Sosa's property in order to prevent the officers' positions from being monitored from inside the residence. (See id.). Sosa maintains the cameras were not only removed, but severely damaged. (See Sosa Decl. ¶ 37).
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