Willis v. City of Fresno
| Decision Date | 14 April 2014 |
| Docket Number | CASE NO. 1:09-CV-01766-BAM |
| Court | U.S. District Court — Eastern District of California |
| Parties | CHRIS WILLIS, MARY WILLIS, INDIVIDUALLY AND SUCCESSORS IN INTEREST TO STEPHEN WILLIS, Plaintiffs, v. CITY OF FRESNO, OFFICER GREG CATTON, and OFFICER DANIEL ASTACIO, Defendants. |
ORDER ON POST TRIAL MOTIONS:
PLAINTIFFS' MOTION FOR A NEW
(DOC. 244, 245, 252, 265);
Several post-trial motions are currently before the Court. Plaintiffs Chris and Mary Willis, individually and as successors in interest to Stephen Willis, move for a new trial pursuant to Fed. R. Civ. P. 59. (Doc. 259.) Defendants City of Fresno, Officers Greg Catton and Daniel Astacio have filed three post-trial motions: (1) a renewed motion for judgment as a matter of law pursuant to Fed. R. Civ. P. 50(b) (Doc. 244, 245, 252, 265); (2) a motion for relief from the judgment of this Court pursuant to Fed. R. Civ. P. 60(b) (Doc. 244, 245, 252, 265); and (3) a motion for a new trial pursuant to Fed. R. Civ. P. 59. (Doc. 265.)
The Court heard oral arguments on the above-noticed motions on April 2, 2014. (Doc. 290.) Counsel Walter Walker and Beau Burbidge appeared in person on behalf of Plaintiffs. Counsel James Weakley and Roy Santos appeared in person on behalf of Defendants. Having thoroughly considered the parties' briefs, oral arguments, and the entire record in this case, this Court issues the following Order.
Trial was conducted over a ten day period. Numerous percipient and expert witnesses testified. Much, if not all, of the facts are disputed. To the extent that some facts are undisputed, the inferences to be drawn from those facts are disputed. The following summary of the trial is not intended to be a comprehensive statement of the evidence presented, but rather, is offered as context for Court's rulings on the parties' post-trial motions.1
On March 28, 2009, Stephen Willis was fatally shot by Defendants Greg Catton and Daniel Astacio, who were Officers with the Fresno Police Department. Stephen Willis's parents, Chris and Mary Willis ("Plaintiffs"), allege that Stephen's Fourth Amendment rights were violated as a result of the shooting. Plaintiffs further allege that Officer Catton and Officer Astacio were negligent in causing the death of Stephen Willis.2
The facts underlying Plaintiffs' claims are multi-faceted and heavily disputed. Late in the night of Stephen's death, Officers Catton and Astacio and several other City Police Department officers responded to a call regarding a possible gang disturbance near Stephen's apartment complex. While on the scene for this unrelated investigation, officers perceived what they believed was a vehicle colliding with the entrance gate to Stephen's apartment complex. Officers Catton and Astacio walked into the apartment complex to investigate.
Officers Catton and Astacio observed a person, later identified to be Stephen Willis, standing at the rear of his vehicle, which they believed was the car that had just hit the gate.Officers Catton and Astacio began to approach Stephen and shined their flashlights upon him. Officers Catton and Astacio testified they identified themselves as police officers. Plaintiffs dispute Officers Catton and Astacio ever identified themselves as police officers.
When Stephen turned to face Officers Catton and Astacio, he was holding a holstered .38 caliber revolver in his left hand, which he had just retrieved from the trunk of his car.3 Officers Catton and Astacio testified they ordered Stephen to drop his weapon. Officers Catton and Astacio testified that Stephen then proceeded to draw his revolver from the holster, point and fire at them. At this time, Officers Catton and Astacio fired upon Stephen Willis.
Plaintiffs dispute Defendants' factual account of the initial shooting. Plaintiffs dispute Officers Catton and Astacio provided a warning before shooting. Plaintiffs dispute Stephen attempted to remove his revolver from its holster or fired upon Officers Catton and Astacio before the officers began to shoot him. Plaintiffs offered evidence, in light of the officers' testimony concerning how Stephen was holding the revolver, that Stephen did not remove his revolver from its holster. Plaintiffs also rely, in part, upon a statement Officer Catton provided to Officer Rafeal Villalvazo shortly after the shooting, where Officer Catton stated that by the time Stephen attempted to remove his revolver from its holster, Officers Catton and Astacio had already fired and proceeded to move. Plaintiffs also rely, in part, on the fact that Stephen's revolver was later found to be fully loaded, save for one empty chamber that was two chambers away from the firing pin. Plaintiffs also note that no bullet casing from Stephen's revolver was ever found at the scene.
After the initial shooting, Stephen retreated between his vehicle and a mini-van. Officer Catton moved in a westerly direction and assumed a firing position behind another vehicle. Officer Astacio moved in an easterly direction and took cover behind a different vehicle. Officer Catton testified Stephen was pointing his gun at him, so Officer Catton continued to shoot at Stephen. Officer Astacio testified that after the first burst of shots, he thought Stephen was hit and falling to the ground. Later, Officer Astacio testified he observed Stephen kneelingbehind the mini-van and pointing his gun in a westerly direction.4 Officer Astacio then proceeded to fire several rounds at Stephen. Both officers testified they observed "muzzle flashes" coming from Stephen's gun while Stephen was positioned behind the mini-van. During this main volley of gunfire, both officers fired a sufficient number of rounds such that they both were required to reload at least once.
Plaintiffs dispute Defendants' factual account of the main volley of gunfire. Plaintiffs surmise that when Officer Astacio initially shot Stephen, Stephen was seriously wounded and tried to crawl to protection from further gunfire. Plaintiffs also claim Stephen was neither pointing nor firing his gun at either officer. Plaintiffs again rely on the fact that Stephen's revolver was found to be fully loaded, save for one empty chamber that was away from the firing pin, and that no bullet casing from Stephen's revolver was ever found at the scene. Plaintiffs also introduced evidence that the firing positions assumed by Officers Catton and Astacio resulted in Stephen being caught in the middle of a cross-fire, whereby Officers Catton and Astacio were essentially firing at each other. This cross-fire, Plaintiffs argue, was the reason the officers continued to feel endangered and shoot Stephen, as opposed to any actions Stephen took.
The main volley of gunfire subsided when the officers perceived Stephen was on the ground. Officer Catton left his firing position to join Officer Astacio at his easterly position. Officer Astacio holstered his revolver and called for back-up. Officer Catton trained his weapon on Stephen, who was still on the ground on his left side in a propped up position. Officer Catton testified he observed Stephen attempt to get up and reach for his revolver. Officer Catton then fired one or two more shots into Stephen's back.
Plaintiffs dispute Defendants' factual account of Officer Catton's final shot(s). Plaintiffs cite the testimony of several officers who were on the scene either within the final moments of the main volley of gunfire or shortly thereafter. Plaintiffs also refer to the fact that before Officer Catton fired the final shot(s), Stephen had already been shot twelve to thirteen times,which Plaintiffs submit demonstrates Stephen was not moving when Officer Catton fired the final shot(s). As the evidence at trial showed, throughout the entirely of the encounter, Officers Catton and Astacio fired 41 shots at Stephen Willis, striking him 14 times.
After a ten-day jury trial, the jury returned a verdict finding that: Officer Catton used excessive force in violation of Stephen's Fourth Amendment rights; Officer Catton was negligent in causing Stephen's death. However, Officer Astacio was not liable on Plaintiffs' Fourth Amendment and negligence claims. The jury awarded funeral and burial expenses, and further awarded Plaintiffs one million, five hundred thousand dollars ($1,500,000.00). The jury also made a finding of comparative negligence and determined that Stephen Willis was eighty percent responsible for his injuries.
Several post-trial motions are currently before the Court. Defendants renew their motion for judgment as a matter of law pursuant to Fed. R. Civ. P. 50(b). Defendants argue the Fourth Amendment violation could not have been predicated on Officer Catton's conduct before the final shot(s); otherwise, Officer Astacio would have been found liable as well. However, Defendants argue there can be no Fourth Amendment violation, or in the alternative, Officer Catton is entitled to qualified immunity, because the evidence demonstrates Stephen was reaching for his gun prior to the final shot(s). Defendants further contend the jury's findings on comparative negligence and punitive damages demonstrate the jury believed Stephen was reaching for his gun prior to the final shot(s).5
Defendants additionally move for a new trial pursuant to Fed. R. Civ. P. 59. In support of this motion, Defendants argue that the Court's failure to submit special interrogatories to the jury which would distill all the factual findings relevant to Defendants' qualified immunity defense was clear error. Defendants also argue the Court's post-trial qualified immunity determination constitutes an error of fact.
Plaintiffs also move...
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