Ransom v. Gonzalez et al
Filing
124
FINDINGS and RECOMMENDATIONS, Recommendating That Defendant Sandoval's Motion for Summary Judgment Be Granted 110 , signed by Magistrate Judge Erica P. Grosjean on 12/2/15: Objections, If Any, Due Within Twenty Days. (Hellings, J)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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LEONARD RANSOM, JR.,
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Plaintiff,
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1:10-cv-00397-AWI-EPG-PC
FINDINGS AND RECOMMENDATIONS,
RECOMMENDING THAT DEFENDANT
SANDOVAL‟S MOTION FOR
SUMMARY JUDGMENT BE GRANTED
(ECF No. 110.)
vs.
R. MARQUEZ, et al.,
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Defendants.
OBJECTIONS, IF ANY, DUE WITHIN
TWENTY DAYS
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I.
BACKGROUND
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Leonard Ransom, Jr. (“Plaintiff”) is a state prisoner proceeding pro se and in forma
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pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint
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commencing this action on March 8, 2010. (ECF No. 1.) This case now proceeds on the First
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Amended Complaint, filed on June 29, 2012, against defendants Correctional Officer (C/O) M.
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Amador, C/O Daniel Nava, C/O R. Marquez, and C/O Ralph Nunez for use of excessive force; and
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against defendants C/O Daniel Nava, C/O R. Marquez, Sergeant J. Ybarra, and Lieutenant Carlos
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Sandoval for failure to protect Plaintiff. (ECF No. 13.)
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On July 31, 2015, Defendant Sandoval filed a motion for summary judgment. 1 (ECF
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No. 110.) On October 16, 2015, Plaintiff filed an opposition to the motion. (ECF No. 121.)
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On October 23, 2015, Defendant Sandoval filed a reply in support of his motion for summary
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judgment. (ECF No. 122.)
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Defendant Sandoval‟s motion for summary judgment is now before the Court. Local
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Rule 230(l). For the reasons that follow, the Court recommends that Defendant Sandoval‟s
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motion be granted.
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II.
SUMMARY OF PLAINTIFF’S CLAIMS RELATED TO ALL DEFENDANTS2
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During the time of the events at issue in the First Amended Complaint, Plaintiff was
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incarcerated at Kern Valley State Prison (KVSP) in Delano, California. Plaintiff‟s factual
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allegations follow.
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The incident at issue in this lawsuit occurred on May 22, 2007, at KVSP. Plaintiff and his
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cellmate were released for their showers (the facility was on modified program) by C/O Gonzalez,
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the unit control booth officer. Plaintiff‟s cellmate entered the lower tier shower. While Plaintiff
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was waiting, he filled up containers with hot water in order to make coffee when he returned to his
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cell. Another inmate asked Plaintiff to get some hot water for him. Plaintiff did so, and took it to
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that inmate‟s cell. While standing at the cell door, Plaintiff asked C/O Gonzalez whether he could
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come out later. Gonzalez stated, “No! take your shower!” First Amended Complaint (FAC), Doc.
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13 at 5 ¶4. Plaintiff told the other inmate that Gonzalez “got his idiot hat on today.” Id. at ¶5.
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Gonzalez heard this comment over the intercom. Gonzalez then ordered Plaintiff to “lock it up, you
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don‟t get no shower!” Id. Plaintiff walked to his cell door and told Gonzalez to open his door.
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Gonzalez did not open the cell door. Gonzalez left the control booth, and told C/Os Ochoa and
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Gina Marquez, falsely, that Plaintiff refused to return to his cell.
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Concurrently with their motion for summary judgment, Defendants served Plaintiff with the
requisite notice of the requirements for opposing the motion. Woods v. Carey, 684 F.3d 934, 939-41 (9th Cir.
2012); Rand v. Rowland, 154 F.3d 952, 960-61 (9th Cir. 1998).
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The summarization of Plaintiff‟s claims in this section should not be viewed by the parties as a
ruling that the allegations are admissible. The court will address, to the extent necessary, the admissibility of
Plaintiff‟s evidence in the sections which follow.
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Ochoa and Gina Marquez entered the unit, approached Plaintiff, and ordered him to place
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his hands behind his back and “cuff up.” Id. ¶8. Plaintiff refused to place his hands behind his
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back as “the restraints [were] applied in a manner likely to cause undue physical discomfort [or]
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restrict[ion] to my bloodflow, as I have an injured shoulder.” Id. ¶9. Ochoa “attempted to deploy
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his pepper spray.” Id. ¶10. Plaintiff protected himself from the pepper spray by putting his head
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down to avoid the pepper spray. Plaintiff alleges that Ochoa “attacked” him, with both Plaintiff and
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Ochoa falling to the ground. Id. at 6-7 ¶11. Plaintiff alleges that while he was on the ground, “I
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buried my face in the space between Officer Ochoa‟s left shoulder and neck area, as Ochoa
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continued to reposition my face, while hitting me with his fists.” Id. ¶12. Although Plaintiff
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indicates that he was not struck in the face, he does allege that he was struck in the back of the head
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by Officer Gina Marquez.
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Plaintiff ran past Ochoa out into the building rotunda, and was pursued by Ochoa and Gina
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Marquez. Once Plaintiff reached the C-section door, he turned around and lay prone. Officer Gina
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Marquez handcuffed Plaintiff, “causing great pain and further injury to my left shoulder.” Id. ¶15.
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Once Plaintiff was handcuffed, responding staff began arriving in the unit. Responding staff
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included C/O R. Marquez, C/O Nava, C/O Nunez, C/O Amador, C/O Lomellie [not a defendant]
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and Sergeant Ybarra.
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Plaintiff alleges, that while he was prone and handcuffed, he was “picked up, flipped heels
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over head, slammed back to the ground, arms bent (grotesquely) back (in a military stress position),
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by Officers Nava and Nunez, while Gina Marquez jumped up, in the air, and came down, with her
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knees to my lower back.” Id. ¶18. While Plaintiff was being held down, C/O Nunez “stomped me
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on the backside, and the back of legs, ultimately scraping the skin off.” Id. ¶20. Plaintiff alleges
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that Officer R. Marquez kicked him in the mouth, knocking a tooth out. When R. Marquez
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stopped, C/O Amador began striking Plaintiff with a baton in the upper left shoulder and back area,
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leaving distinct baton markings and welts on his back.
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Sgt. Ybarra ordered the officers to get Plaintiff up and escort him out of the building. In
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response, Nava and Nunez “picked me up. . . and walked me (approx. 20'), at which time I was
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thrown to the ground, and again, kicked in the face, by R. Marquez (in full view of Sgt. Ybarra,
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who had been there the entire time I was being beaten by his subordinates), at which time my lower
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lip was busted on the lower left side [and] Nava and/or Nunez started grinding my face on the
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cinder-block wall, which caused severe facial scraping, coupled with damage to my left shoulder,
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prior to being escorted out of the building.” Id. at 7 ¶25.
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Plaintiff alleges that, as he was being escorted out of the building, Nava and Nunez lifted
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Plaintiff up by his handcuffs “in the military stress position,” where Plaintiff “had to walk doubled
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over, and was escorted out of the building, while being punched, continuously, by M. Amador and
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R. Marquez.” Id. ¶26. Plaintiff was moved to the Facility A upper yard basketball court, where
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Nava and Nunez “again threw me to the ground and again stomped on the back of my legs, and my
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feet, and [I was] kneed in the face, by Officer Nunez, as R. Marquez, Nava, Sgt. Ybarra, and now,
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Lt. Carlos Sandoval watched.” Id. ¶27. C/O Nava ordered Plaintiff to stop resisting, although
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Plaintiff alleges that he was not resisting. Plaintiff was placed in leg shackles and a spit mask.
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Plaintiff alleges that the spit mask obstructed his breathing (Plaintiff is asthmatic). Plaintiff‟s
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clothes were cut off with a pair of scissors, leaving him in boxer shorts. Plaintiff alleges that in the
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process of doing so, he was “threatened with scissors at my genitals.” Id. at 8 ¶32. Plaintiff does
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not allege that he was injured by the use of scissors.
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Plaintiff was taken to the Facility A medical clinic and placed in a holding cell. Plaintiff
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remained in the holding cell for three hours. Plaintiff also remained in leg shackles and was not
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allowed to decontaminate or rinse off the pepper spray that had been applied. After approximately
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thirty minutes, Plaintiff was examined. All of Plaintiff‟s clothing with the exception of his boxer
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shorts was removed. Plaintiff was then escorted to Administrative Segregation. Plaintiff alleges
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that the escort required him to walk approximately 175 yards along a gravel roadway, causing his
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feet to bleed.
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Plaintiff alleges that as a result of the use of force, he suffered “severe injuries,” including
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the following: knocked out lower right tooth; lacerated lower left side of lip; contusion on the upper
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left back and shoulder area; shoulder bone injury; left and right knee injuries; severe abrasions;
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severe facial abrasions; burning from pepper spray; and ongoing physical and psychological
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trauma. Id. ¶36.
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III.
SUMMARY OF DISPUTE RELATED TO DEFENDANT SANDOVAL
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Only Defendant Sandoval has moved for summary judgment. According to Plaintiff‟s
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First Amended Complaint, Defendant Sandoval watched as Plaintiff was hit while on the
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ground. (First Amended Complaint ¶ 27.) Defendant Sandoval did not himself touch Plaintiff
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or use any type of force against Plaintiff.
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Sandoval failed to intervene to protect Plaintiff against the other Defendants‟ use of excessive
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force.
Plaintiff alleges nevertheless that Defendant
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In its July 19, 2012 order, this Court held that Plaintiffs complaint stated a cause of
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action agaisnt Defendant Sandoval for failure to protect Plaintiff in violation of the Eighth
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Amendment. (ECF No. 14.)
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Defendant Sandoval now moves this Court to dismiss the claims against him because
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(1) Defendant Sandoval did not have an opportunity to intervene because he was too far from
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the incident; and (2) Defendant Sandoval is entitled to qualified immunity because a reasonable
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officer would have believed that Defendant‟s actions in not intervening in the dispute were
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lawful.
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IV.
SUMMARY JUDGMENT STANDARD
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Any party may move for summary judgment, and the court shall grant summary
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judgment if the movant shows that there is no genuine dispute as to any material fact and the
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movant is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(a) (quotation marks
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omitted); Washington Mutual Inc. v. U.S., 636 F.3d 1207, 1216 (9th Cir. 2011). Each party‟s
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position, whether it be that a fact is disputed or undisputed, must be supported by (1) citing to
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particular parts of materials in the record, including but not limited to depositions, documents,
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declarations, or discovery; or (2) showing that the materials cited do not establish the presence
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or absence of a genuine dispute or that the opposing party cannot produce admissible evidence
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to support the fact. Fed. R. Civ. P. 56(c)(1) (quotation marks omitted). The court may consider
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other materials in the record not cited to by the parties, but it is not required to do so. Fed. R.
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Civ. P. 56(c)(3); Carmen v. San Francisco Unified School Dist., 237 F.3d 1026, 1031 (9th Cir.
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2001); accord Simmons v. Navajo County, Ariz., 609 F.3d 1011, 1017 (9th Cir. 2010).
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Defendant does not bear the burden of proof at trial and in moving for summary
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judgment, he need only prove an absence of evidence to support Plaintiff‟s case. In re Oracle
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Corp. Securities Litigation, 627 F.3d 376, 387 (9th Cir. 2010) (citing Celotex Corp. v. Catrett,
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477 U.S. 317, 323, 106 S.Ct. 2548 (1986)). If Defendant meets his initial burden, the burden
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then shifts to Plaintiff “to designate specific facts demonstrating the existence of genuine issues
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for trial.” In re Oracle Corp., 627 F.3d at 387 (citing Celotex Corp., 477 U.S. at 323). This
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requires Plaintiff to “show more than the mere existence of a scintilla of evidence.” Id. (citing
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Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505 (1986)).
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In judging the evidence at the summary judgment stage, the court may not make
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credibility determinations or weigh conflicting evidence, Soremekun v. Thrifty Payless, Inc.,
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509 F.3d 978, 984 (9th Cir. 2007) (quotation marks and citation omitted), and it must draw all
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inferences in the light most favorable to the nonmoving party and determine whether a genuine
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issue of material fact precludes entry of judgment, Comite de Jornaleros de Redondo Beach v.
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City of Redondo Beach, 657 F.3d 936, 942 (9th Cir. 2011) (quotation marks and citation
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omitted), cert. denied, 132 S.Ct. 1566 (2012). The Court determines only whether there is a
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genuine issue for trial and in doing so, it must liberally construe Plaintiff‟s filings because he is
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a pro se prisoner. Thomas v. Ponder, 611 F.3d 1144, 1150 (9th Cir. 2010) (quotation marks
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and citations omitted).
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V.
UNDISPUTED FACTS RELEVANT TO THIS MOTION
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Although there are many facts in dispute related to the details of Defendant Sandoval‟s
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roles and responsibilities, it appears that the basic facts about where Defendant Sandoval was
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standing and his lack of interaction are undisputed.
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According to Plaintiff‟s deposition, Defendant Sandoval was “maybe 30 yards, 25
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yards” away when he saw the other Defendants using force on Plaintiff.
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Deposition, 108:5-13) Both parties also agree that “The program office, where Sandoval‟s
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office is located on the „patio‟across from the facility A and B housing buildings, and „the patio
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is separated from the yard by a fenced gate.” (ECF No. 121, p. 3) Plaintiff also does not
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dispute that at the time of the incident, Defendant Sandoval was on the other side of the fence.
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(Plaintiff‟s
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(ECF No. 121, p. 5 (note that Plaintiff disputes the accuracy of the measurements set forth in
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the related purported fact, but not the fact that Defendant Sandoval was on the other side of a
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fence)). Plaintiff also states that he did not see Defendant Sandoval until Plaintiff was already
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on the ground.
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Sandoval should have “told them to stop.” (Plaintiff‟s Deposition, 109:20-24).
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VI.
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(Plaintiff‟s Deposition, 108:24-109:11)
Plaintiff claims that Defendant
FAILURE TO INTERCEDE
A.
Legal Standards
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“[O]fficers have a duty to intercede when their fellow officers violate the constitutional
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rights of a suspect or other citizen.” United States v. Koon, 34 F.3d 1416, 1447 n. 25 (9th Cir.
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1994), rev'd on other grounds, 518 U.S. 81, 116 S.Ct. 2035, 135 L.Ed.2d 392 (1996).
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“Importantly, however, officers can be held liable for failing to intercede only if they had an
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opportunity to intercede.” Cunningham v. Gates, 229 F.3d 1271, 1289-90 (9th Cir. 2000), as
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amended (Oct. 31, 2000) (holding that non-shooting and non-present officers cannot be held
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liable for failing to intercede to prevent shooting). Compare Robins v. Meecham, 60 F.3d
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1436, 1442 (9th Cir. 1995) (denying summary judgment as to bystander officers because “In
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none of the affidavits submitted with the officers' motion for summary judgment do any of the
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officers state they did not have the opportunity to intervene to prevent Officer Meecham from
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firing the gun. On the other hand, the affidavits of the officers and Robins indicate that all three
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officers were together in the control bubble”).
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B.
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Here the undisputed facts demonstrate that Officer Sandoval was not in a position to
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intervene to stop the use of force, even if that force were unconstitutionally excessive. Officer
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Sandoval did not see the incident until Plaintiff was already on the ground, was approximately
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25-30 yards away, and was on the other side of a fence. Under these undisputed facts, Plaintiff
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has not met his burden to show that a triable question of fact remains regarding Defendant
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Sandoval‟s opportunity to prevent the Constitutional violation.
Application of Law to Undisputed Facts
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In Plaintiff‟s opposition, Plaintiff argues that Defendant Sandoval‟s submission of
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records describing the events were false. While the Court agrees that there are disputed
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questions of fact regarding the veracity of reports done after the time about that incident, that
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dispute of fact does not concern Defendant Sandoval‟s opportunity to intervene. The only
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pending claim against Defendant Sandoval is a failure to protect Plaintiff from harm. Notably,
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the Court dismissed Plaintiff‟s claims related to the discplinary proceedings, which resulted
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from Defendant Sandoval and other Defendants‟ reports. (ECF. No. 14). Thus, disputes
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regarding whether Defendant Sandoval falsified reports do not create a question of fact
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regarding his ability to intervene to prevent the alleged excessive force.
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VII.
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QUALIFIED IMMUNITY
A.
Legal Standards for Qualified Immunity
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Defendant Sandoval also argues that he is entitled to qualified immunity for his actions.
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Government officials enjoy qualified immunity from civil damages unless their conduct
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violates Aclearly established statutory or constitutional rights of which a reasonable person
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would have known.@ Pearson v. Callahan, 555 U.S. 223, 231, 129 S.Ct. 808, 172 L.Ed.2d 565
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(2009) (quoting Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396
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(1982).
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officials accountable when they exercise power irresponsibly and the need to shield officials
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from harassment, distraction, and liability when they perform their duties reasonably.” Id.
“Qualified immunity balances two important interests—the need to hold public
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In determining whether an officer is entitled to qualified immunity, the court must
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decide (1) whether facts alleged or shown by plaintiff make out a violation of constitutional
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right; and (2) whether that right was clearly established at the time of the officer's alleged
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misconduct. Pearson, 555 U.S. at 232 (citing Saucier v. Katz, 533 U.S. 194, 201 (2001).
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Courts are “permitted to exercise their sound discretion in deciding which of the two prongs of
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the qualified immunity analysis should be addressed first in light of the circumstances in the
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particular case at hand.” Id. at 236. In resolving these issues, the court must view the evidence
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in the light most favorable to plaintiff and resolve all material factual disputes in favor of
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plaintiff. Martinez v. Stanford, 323 F.3d 1178, 1184 (9th Cir. 2003).
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B.
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Because the Court finds that Defendant Sandoval did not have a constitutional duty to
Application of Law to Undisputed Facts
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act because he was not in a position to intervene in the use of force, qualified immunity is not
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an issue. Nevertheless, the Court believes that Defendant Sandoval would be entitled to
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qualified immunity for his actions.
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The above listed undisputed facts regarding Defendant Sandoval‟s location are relevant
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to the qualified immunity analysis as well, and the Court incorporates them by reference.
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Additionally, it is undisputed that, prior to the use of force by other defendants, Defendant
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Sandoval heard an alarm whose purpose was to alert staff of a prison incident and summon
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additional staff to assist an officer in need. (ECF No. 121, p. 2) While Plaintiff disputes that
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Plaintiff actually assaulted two officers prior to that alarm, it is undisputed that Defendant
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Sandoval heard the alarm, which is used in situations where a prisoner has assaulted an officer.
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Moreover, it is undisputed that the defendants who were using force against Plaintiff at the time
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were ordering Plaintiff to “quit resisting.” (ECF. 121, p. 4) While the Court understands
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Plaintiff‟s argument that correctional officers say this when using excessive force to fabricate a
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defense, it is nonetheless undisputed that Defendant Sandoval would have heard this, to the
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extent he was close enough to hear anything at all.
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Thus, the undisputed facts show that Defendant Sandoval heard an alarm used in
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situations of a prisoner assault on an officer, would have heard the officers accusing Plaintiff of
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resisting, and was approximately 25-30 yards away behind a fence when the use of force
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occurred. Under the circumstances, it is not sufficiently clear that the Defendants who used
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force were committing a constitutional violation, nor that Defendant Sandoval had a
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constitutional obligation to intervene, even assuming he could have done so.
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reasonable officer in Defendant Sandoval‟s position could have believed his actions, i.e. not
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intervening to stop the other Defendant officers from using force on plaintiff, were lawful,
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Defendants Sandoval is entitled to qualified immunity.
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VIII. CONCLUSION AND RECOMMENDATIONS
Because a
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Based on the foregoing, the Court finds no genuine issue of material fact remaining for
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trial as to Defendant Sandoval‟s liability for a failure to protect under the Eighth Amendment
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as well as Defendant Sandoval‟s entitlement to qualified immunity, and the motion for
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summary judgment filed by Defendant Sandoval should be granted.
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HEREBY RECOMMENDED that Defendant Sandoval‟s motion for summary judgment,
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filed on July 31, 2015, be GRANTED.
Accordingly, IT IS
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These findings and recommendations are submitted to the United States District Judge
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assigned to the case, pursuant to the provisions of Title 28 U.S.C. ' 636(b)(l). Within twenty
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(20) days after being served with these findings and recommendations, any party may file
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written objections with the court.
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Magistrate Judge's Findings and Recommendations." Any reply to the objections shall be
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served and filed within ten days after service of the objections. The parties are advised that
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failure to file objections within the specified time may result in the waiver of rights on appeal.
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Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923
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F.2d 1391, 1394 (9th Cir. 1991)).
Such a document should be captioned "Objections to
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IT IS SO ORDERED.
Dated:
December 2, 2015
/s/
UNITED STATES MAGISTRATE JUDGE
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