Monique Hernandez et al v. City of Beaumont et al

Filing 66

ORDER DENYING DEFENDANTS CITY OF BEAUMONT, CORPORAL FRANCISCO VELASQUEZ, JR., AND CHIEF FRANK COES MOTION TO DISMISS PORTIONS OF PLAINTIFFS THIRD AMENDED COMPLAINT 55 by Judge Dean D. Pregerson. (lc). Modified on 4/28/2014. (lc).

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1 2 O 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 MONIQUE HERNANDEZ, JOSEPH HERNANDEZ, OLIVIA HERNANDEZ, GABRIELLE HERNANDEZ, JOANNA HERNANDEZ, ALEXIS HERNANDEZ, JOSEPH HERNANDEZ JR. AND O.G., a minor by and through her Guardian ad Litem OLIVIA HERNANDEZ, Plaintiffs, v. CITY OF BEAUMONT, OFFICER ENOCH CLARK, CORPORAL FRANCISCO VELASQUEZ, JR., CHIEF FRANK COE, Defendants. ___________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. EDCV 13-00967 DDP (DTBx) ORDER DENYING DEFENDANTS CITY OF BEAUMONT, CORPORAL FRANCISCO VELASQUEZ, JR., AND CHIEF FRANK COE’S MOTION TO DISMISS PORTIONS OF PLAINTIFFS’ THIRD AMENDED COMPLAINT (DKT. NO. 55) Presently before the Court is Defendants’ Motion to Dismiss 23 Portions of Plaintiffs’ Third Amended Complaint (the “Motion”). For 24 the reasons stated in this order, the Motion is DENIED. 25 I. Background 26 Plaintiff Monique Hernandez (“Monique”) brings this action, 27 along with many of her family members, against Defendants City of 28 Beaumont (“City”), Officer Enoch Clark (“Clark”), Corporal 1 Francisco Velasquez Jr. (“Velasquez”), Chief Frank Coe (“Coe”), and 2 Does 1-10 (collectively “Defendants”), alleging various rights 3 violations while Monique was detained by Clark and Velasquez. 4 Plaintiffs Joseph Hernandez Sr. (Monique’s father), Olivia 5 Hernandez (Monique’s mother), Gabrielle Hernandez (Monique’s 6 sister), Joanna Hernandez (Monique’s sister), Alexis Hernandez 7 (Monique’s sister), and Joseph Hernandez Jr. (Monique’s brother) 8 (collectively “Family Plaintiffs”) witnessed the acts that are the 9 subject of this complaint and assert their own causes of actions 10 stemming from the incident. O.G. (Monique’s minor daughter) is also 11 a plaintiff in this action. 12 Plaintiffs bring twelve different causes of action in their 13 Third Amended Complaint (“TAC”). The Court previously found all of 14 Plaintiffs’ causes of action to be sufficiently pled, with the 15 exception of Plaintiffs’ fifth claim, for municipal and supervisory 16 liability, and their tenth claim, for negligent supervision and 17 training. (See Docket No. 50.) In the Motion, Defendants challenge 18 the sufficiency of the pleadings only as to these two causes of 19 action. (See Docket No. 55.) Therefore, the Court includes here 20 only those facts that are relevant to the municipal and supervisory 21 liability claims.1 22 Plaintiff Monique Hernandez suffered severe injuries after she 23 was shot with a JPX pepper spray gun at close range by Clark, a 24 police officer with the Beaumont Police Department (“BPD”), in the 25 presence of Velasquez, another BPD officer. (See TAC, Docket No. 26 27 28 The Court’s prior order ruling on Defendants’ motion to dismiss the Second Amended Complaint contains a fuller recitation of all of the underlying facts in this case. (See Docket No. 55, pp. 1-5.) 1 2 1 51, ¶¶ 20-45.) Plaintiffs allege that “[t]he JPX gun shoots out 2 pepper spray liquid at 405 miles per hour. The muzzle velocities of 3 JPX Jet Protector rounds provided to BPD range from 550 feet per 4 second to 1000 feet per second.” (Id. ¶ 35.) Plaintiffs allege that 5 a reasonably trained officer would know that firing a JPX gun at a 6 distance of less than five feet would cause serious bodily injury. 7 (Id.) 8 9 Plaintiffs allege that the training that Clark and other BPD officers received on the JPX was inadequate. (Id. ¶ 36.) The 10 training allegedly consisted of “a one-time classroom presentation 11 on the JPX followed by a written test.” (Id.) Plaintiffs contend 12 that any reasonable officer who either saw the JPX deployed or 13 deployed it himself would know that it “functions like a firearm 14 and has firearm capabilities with regard to velocity and force” and 15 “does not function like a typical pepper spray device.” (Id.) 16 Plaintiffs allege that Clark did not have any hands-on training in 17 the use of the JPX. (Id.) 18 Plaintiffs allege that none of the BPD officers “were trained 19 on the constitutional limitations or implications on the use of the 20 JPX in that [they] were instructed by Defendant City that the use 21 of the JPX was ‘not a use of force’ in contravention of clearly 22 established law against the use of chemical agents against 23 compl[ia]nt subjects or subjects who were passively resisting.” 24 (Id.) Plaintiffs further allege that the City and Coe failed to 25 train BPD officers on “the circumstances when a JPX gun can be 26 deployed without violating constitutional rights.” (Id. ¶ 78.) 27 II. Legal Standard 28 3 1 A complaint will survive a motion to dismiss when it contains 2 “sufficient factual matter, accepted as true, to state a claim to 3 relief that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 4 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 5 570 (2007)). When considering a Rule 12(b)(6) motion, a court must 6 “accept as true all allegations of material fact and must construe 7 those facts in the light most favorable to the plaintiff.” Resnick 8 v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000). Although a complaint 9 need not include “detailed factual allegations,” it must offer 10 “more than an unadorned, the-defendant-unlawfully-harmed-me 11 accusation.” Iqbal, 556 U.S. at 678. Conclusory allegations or 12 allegations that are no more than a statement of a legal conclusion 13 “are not entitled to the assumption of truth.” Id. at 679. In other 14 words, a pleading that merely offers “labels and conclusions,” a 15 “formulaic recitation of the elements,” or “naked assertions” will 16 not be sufficient to state a claim upon which relief can be 17 granted. Id. at 678 (citations and internal quotation marks 18 omitted). 19 “When there are well-pleaded factual allegations, a court 20 should assume their veracity and then determine whether they 21 plausibly give rise to an entitlement of relief.” Id. at 679. 22 Plaintiffs must allege “plausible grounds to infer” that their 23 claims rise “above the speculative level.” Twombly, 550 U.S. at 24 555. “Determining whether a complaint states a plausible claim for 25 relief” is a “context-specific task that requires the reviewing 26 court to draw on its judicial experience and common sense.” Iqbal, 27 556 U.S. at 679. 28 III. Discussion 4 1 Defendants City and Coe seek dismissal only as to Plaintiffs’ 2 claims for municipal and supervisory liability and for negligent 3 training and supervision. Defendant Clark does not seek dismissal 4 of any claims and has filed an answer to the TAC. (See Docket No. 5 60.) 6 A. Municipal Liability 7 To state a claim for municipal liability against an entity 8 defendant, a plaintiff must allege that the entity itself caused 9 the violation through a constitutionally deficient policy, practice 10 or custom. Monell v. Dep’t of Social Services, 436 U.S. 658 (1978). 11 In light of Iqbal, bare allegations are no longer sufficient 12 to state a claim for municipal liability. Instead, a plaintiff must 13 identify the training or hiring practices and policies that she 14 alleges are deficient, explain how such policy or practice was 15 deficient, and explain how such a deficiency caused harm to the 16 plaintiff. Young v. City of Visalia, 687 F.Supp.2d 1141, 1149-50 17 (E.D. Cal. 2009). In other words, a plaintiff must allege “specific 18 facts giving rise to a plausible Monell claim” instead of 19 “formulaic recitations of the existence of unlawful policies, 20 customs, or habits.” Warner v. County of San Diego, 2011 WL 662993 21 (S.D. Cal. 2011). 22 Plaintiffs’ municipal liability claim is an inadequate 23 training claim. In order to state a claim for inadequate training, 24 a plaintiff must show: (1) a violation of a constitutional right; 25 (2) a training policy that “amounts to deliberate indifference to 26 the constitutional rights of the persons with whom its police 27 officers are likely to come into contact;” and (3) the 28 constitutional injury would have been avoided with proper training. 5 1 Young v. City of Visalia, 687 F. Supp. 2d 1141, 1148 (E.D. Cal. 2 2009) (citing Blankenhorn v. City of Orange, 485 F.3d 463, 484 (9th 3 Cir. 2007)). 4 In order to show deliberate indifference in the failure to 5 train context, a “pattern of injuries” is “ordinarily necessary to 6 establish municipal culpability and causation.” Board of County 7 Com’rs of Bryan County, Okl. v. Brown, 520 U.S. 397, 409 (1997). 8 Municipal liability normally does not attach to a single incident. 9 “[A]dequately trained officers occasionally make mistakes; the 10 facts that they do so says little about the training program or the 11 legal basis for holding the city liable.” City of Canton, Ohio v. 12 Harris, 489 U.S. 378, 391 (1989). However, the Supreme Court has 13 left open the possibility that under limited circumstances, “in 14 light of the duties assigned to specific officers or employees the 15 need for more or different training is so obvious, and the 16 inadequacy so likely to result in the violation of constitutional 17 rights, that the policymakers of the city can reasonably be said to 18 have been deliberately indifferent to the need.” Id. at 390. 19 Plaintiffs sufficiently plead a violation of Monique’s Fourth 20 Amendment rights, satisfying the first requirement for their 21 failure to train claim. With regard to the deliberate indifference 22 requirement, Plaintiffs cite one prior lawsuit, Valenzuela v. City 23 of Beaumont, which was filed against the City for excessive force 24 in the use of a different pepper spray gun device with some 25 similarities to the JPX. (See TAC ¶ 77.) However, a single prior 26 lawsuit involving a different pepper spray device is insufficient 27 to support a finding that the City was “deliberately indifferent” 28 to the need for more training on the JPX, especially where there is 6 1 no indication that the claims in the prior action were 2 substantiated or that the plaintiffs there were successful. See 3 Righetti v. Cal. Dept. of Corr. & Rehab., 2013 WL 1707957, at *1 4 (N.D. Cal. 2013). As a result, Plaintiffs must premise their claim 5 on the narrow exception allowing a failure to train claim to 6 proceed where the need for additional training is “so obvious” that 7 the failure to provide that training amounts to deliberate 8 indifference to the rights of those that are likely to come into 9 contact with the City police. 10 Plaintiffs’ TAC corrects the deficiencies the Court identified 11 in the Second Amended Complaint such that Plaintiffs have now 12 stated a plausible claim for municipal liability. Plaintiffs allege 13 that the “only training” on the JPX “consisted of a one-time 14 classroom presentation ... followed by a written test.” (TAC ¶ 36.) 15 Plaintiffs allege that “the one-time classroom presentation did not 16 include any information regarding the constitutional implications 17 or limitations on the use of the JPX, nor did the training include 18 when and how BPD officers can safely deploy the JPX.” (Id. ¶ 79.) 19 Further, Plaintiffs allege that BPD officers were told that “the 20 use of the JPX was ‘not a use of force.’” (Id. ¶ 36.) 21 Defendants are correct that neither the fact that the training 22 was only a single day, nor the fact that the officers did not 23 receive “hands-on” training on the JPX, is sufficient to rise to 24 the level of deliberate indifference. However, Plaintiffs now plead 25 facts, as cited above, that suggest that the JPX training included 26 incomplete and/or blatantly inaccurate information about the 27 constitutional implications of using a JPX and the level of force 28 that use of the JPX would constitute. Plaintiffs further allege 7 1 that it would have been obvious to any reasonable officer who fired 2 a JPX (or saw one fired) that it did not function like a typical 3 pepper spray device, but was much more powerful than that. (Id.) It 4 would appear, then, that either the supervising officers gave JPX 5 guns to their field officers without ever having fired the device 6 themselves, or they had seen it fired but failed to provide any 7 information during the training program on the obviously dangerous 8 nature of the device. Either way, the supervising officers, and 9 thus the City, can be said to have been deliberately indifferent to 10 the need for training on the dangers and constitutional 11 implications of using the JPX because “the need for [this] training 12 is so obvious.” City of Canton, 489 U.S. at 390. Further, 13 Plaintiffs allege that the City was “on notice by the JPX 14 manufacturer’s warnings that deployment at a distance of less than 15 five feet will result in serious injury or death.” (TAC ¶ 81.) The 16 absence of obviously necessary information, therefore, is 17 sufficient to support Plaintiffs’ municipal liability claim.2 18 To the extent that Plaintiffs assert a municipal liability 19 claim based on a “custom, policy, or practice of deploying pepper 20 spray on compliant subjects,” “failing to prohibit deployment of a 21 JPX gun on a subject’s face and head area,” or “failing to prohibit 22 the deployment of a JPX gun at a distance of less than five feet” 23 24 25 26 27 28 Plaintiffs cite some of the allegations made by the City in it Third Party Complaint against the manufacturers of the JPX in support of their theory of the case. The Court considers those facts only to the extent that they are actually included in the TAC. The Court, however, does not accept all of the allegations in the Third Party Complaint as true in deciding the Motion. Whether the City is ultimately liable to Plaintiffs may depend, at least in part, on what the City was told by the manufacturer, but the presence of such allegations in the Third Party Complaint does not alter the Court’s analysis of this Motion. 2 8 1 (id. ¶ 76.), Plaintiffs provide no facts supporting these 2 allegations. Without any prior incidents to demonstrate a custom or 3 practice of using pepper spray improperly, Plaintiffs would have to 4 rely on an actual written policy. Plaintiffs cite to no such 5 policy. As a result, Plaintiffs’ allegations here are the kind of 6 “threadbare” factual pleadings that are insufficient to state a 7 plausible claim. Therefore, the Court DENIES the Motion with 8 respect to Plaintiffs’ municipal liability claim, to the extent 9 that it is based on inadequate training; however, to the extent 10 that Plaintiffs attempt to assert a Monell claim on other grounds, 11 the TAC is insufficient. 12 B. Claims Against Chief Coe 13 A supervisor may be individually liable if he is personally 14 involved in a constitutional injury or where there is a “sufficient 15 causal connection between the supervisor’s wrongful conduct and the 16 constitutional violation.” 17 (9th Cir. 2011) (quotation marks and citation omitted). A causal 18 connection exists if the supervisor “set in motion a series of acts 19 by others, or knowingly refused to terminate a series of acts by 20 others, which he knew or reasonably should have known, would cause 21 others to inflict the constitutional injury.” Larez v. City of Los 22 Angeles, 946 F.2d 630 (9th Cir. 1991). Liability is imposed for the 23 supervisor's “own culpable action or inaction in the training, 24 supervision, or control of his subordinates,” Clay v. Conlee, 815 25 F.2d 1164, 1170 (8th Cir. 1987), or for conduct that showed a 26 “reckless or callous indifference to the rights of others.” 27 Bordanaro v. McLeod, 871 F.2d 1151, 1163 (1st Cir. 1989). To impose 28 supervisory liability for failure to train, the supervisor must Starr v. Baca, 652 F.3d 1202, 1207-08 9 1 have been “deliberately indifferent” to the need for “more or 2 different training.” Clement v. Gomez, 298 F.3d 898, 905 (9th Cir. 3 2002) (citing City of Canton, 489 U.S. at 389). 4 As the chief of the BPD, Plaintiffs allege that Coe “possessed 5 the power and the authority and [was] charged by law with the 6 responsibility to enact policies and to prescribe rules and 7 practices concerning the operation of the BPD.” (TAC ¶ 16.) The 8 Court finds that Plaintiffs have pled sufficient facts to state 9 plausible claims for supervisory liability and for negligent 10 training against Coe for the same reasons their Monell claim is 11 sufficient. Therefore, the Court DENIES the Motion with respect to 12 Plaintiffs’ claims against Coe. 13 C. Coe’s Qualified Immunity Defense 14 Qualified immunity is “an entitlement not to stand trial or 15 face the burdens of litigation.” Saucier v. Katz, 533 U.S. 194, 200 16 (2001). To overcome a defendant’s assertion of a qualified immunity 17 defense, a plaintiff must show (1) the defendant’s conduct itself 18 amounted to a constitutional violation and (2) the right was 19 “clearly established” at the time the conduct occurred. Id. 20 However, the Court “do[es] not need to find closely analogous case 21 law to show that a right is clearly established” where it should 22 have been “readily apparent” that the defendant’s conduct would 23 violate constitutional rights. Bryan v. MacPherson, 630 F.3d 805, 24 833 (9th Cir. 2010) (citing Oliver v. Fiorino, 586 F.3d 898, 907 25 (11th Cir. 2009)). 26 Here, in determining whether Plaintiffs have stated a claim 27 for municipal and supervisory liability, the Court has already 28 determined that Plaintiffs have pled facts demonstrating that Coe’s 10 1 conduct in failing to adequately train BPD officers in the 2 constitutional implications of using the JPX amounted to a 3 constitutional violation, satisfying the first prong of the Saucier 4 test. The Court also determined that Coe and the City could be 5 liable for the failure to train because the need for such training 6 was “so obvious” that it amounted to deliberate indifference. This 7 amounts to essentially the same thing as finding that it should 8 have been “readily apparent” that the failure to train would amount 9 to a violation of constitutional rights. Therefore, the Court finds 10 that Coe is not entitled to qualified immunity. 11 D. O.G.’s Municipal and Supervisory Liability Claims 12 O.G. asserts claims against the City and Coe arising from her 13 substantive due process right to be free from interference with her 14 relationship with her mother. Defendants argue that Plaintiffs have 15 not pled sufficient facts to support a plausible claim and that Coe 16 is entitled to qualified immunity because the right was not clearly 17 established. 18 The Ninth Circuit recognizes that a “constitutional interest 19 in familial companionship and society logically extends to protect 20 children from unwarranted state interference with their 21 relationships with their parents.” Smith v. City of Fontana, 818 22 F.2d 1411, 1418 (9th Cir. 1987) (rev’d on other grounds). The 23 deprivation of the parent/child relationship need not be a total 24 deprivation in order to sustain a claim. See Ovando v. City of Los 25 Angeles, 92 F. Supp. 2d 1011, 1021 (C.D. Cal. 2000); see also Doe 26 v. Dickenson, 615 F. Supp. 2d 1002, 1014 (D. Ariz. 2009). “[I]njury 27 to a parent’s mental capacity can infringe on a child’s ability to 28 11 1 create and maintain the emotional bond protected by the Fourteenth 2 Amendment.” Ovando, 92 F. Supp. 2d at 1021. 3 Here, Plaintiffs plead that Monique “has permanent mental and 4 emotional distress” and “traumatic brain injury.” (TAC ¶ 69.) Given 5 the severe physical injuries and potentially traumatizing events 6 that Monique endured, it is certainly plausible that she suffered 7 permanent psychological damage. Plaintiffs allege that “O.G. has 8 ... been deprived of ... love, companionship, comfort, care, 9 assistance, protection, affection, society, moral support, 10 training, and guidance” from Monique’s “permanent ... 11 disabilities.” (Id. ¶ 72.) While there remains a question as to 12 whether the severity of the mental and emotional injuries to 13 Monique is sufficient to rise to the level of interference with 14 O.G.’s rights, “the degree to which [a] parent has suffered 15 impairment at the hands of the State” is “a fact question to be 16 resolved either at trial or ... through summary judgment.” Ovando, 17 92 F. Supp. 2d at 1021. Therefore, the Court DENIES the Motion with 18 respect to this claim against the City and Coe, as Plaintiffs have 19 pled a plausible claim. 20 Further, because Coe is not entitled to qualified immunity for 21 the underlying constitutional violation giving rise to O.G.’s 22 derivative claim, the Court finds that Coe is not entitled to 23 qualified immunity here either. It is act of failing to adequately 24 train BPD officers in the use of the JPX that led to Monique’s 25 injury and, derivatively, to impairment of O.G.’s relationship with 26 Monique. For the reasons stated above, then, Coe is not entitled to 27 qualified immunity for this claim. 28 /// 12 1 2 IV. Conclusion For the foregoing reasons, the Court DENIES the Motion. 3 4 IT IS SO ORDERED. 5 6 7 Dated: April 28, 2014 DEAN D. PREGERSON United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13

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