Hahn v. Carlsbad, City of et al
Filing
112
ORDER Granting 99 Motion to Certify the Interlocutory Appeal as Frivolous. Plaintiff's motion is granted and Defendants' interlocutory appeal in this case is certified as frivolous. The Clerk of Court shall send a copy of this order to t he Court of Appeals for the Ninth Circuit. The parties are ordered to participate in a telephonic conference with the Court on July 18, 2017 at 10:00 a.m. Signed by Judge Dana M. Sabraw on 7/17/2017. (USCA Case Number 17-55969. Order electronically transmitted to the US Court of Appeals.) (aef)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
SOUTHERN DISTRICT OF CALIFORNIA
10
CINDY MICHELLE HAHN, an
individual,
11
12
Plaintiff,
13
v.
14
Case No. 15-cv-2007 DMS (BGS)
ORDER GRANTING MOTION
TO CERTIFY THE
INTERLOCUTORY APPEAL AS
FRIVOLOUS
CITY OF CARLSBAD, OFFICER J.
KNISLEY, OFFICER KENYATTE
VALENTINE, OFFICER
KARCHES, CORPORAL
GALANOS, OFFICER SEAPKER,
and DOES 1 THROUGH 50,
15
16
17
Defendants.
18
19
20
On June 16, 2017, this Court issued an order granting in part and denying in
21
part Defendants’ motions for summary judgment. Specifically, the Court granted
22
Defendant City of Carlsbad’s motion as to the Monell claim and Defendant Officers’
23
motion as to the unlawful arrest and malicious prosecution claims, 1 and denied the
24
motions as to the remaining claims. In rejecting Defendants’ argument of qualified
25
immunity with respect to the excessive force claim, the Court found that when the
26
27
1
28
The Court also granted the Officers’ motion as to all claims against Officers
Karches and Speaker.
–1–
. 15-cv-2007 DMS (BGS)
1
facts were viewed in Plaintiff’s favor, as required on that motion, there were genuine
2
issues of material fact about whether Officers Valentine and Knisley violated
3
Plaintiff’s constitutional rights, which were clearly established at the time of the
4
incident.
5
Defendants filed a notice of appeal of the Court’s decision on July 10, 2017.
6
On the same day, Plaintiff filed an objection to the notice of appeal, which the Court
7
construed as a motion to certify the interlocutory appeal as frivolous. Defendants
8
filed an opposition to the motion, and Plaintiff filed a reply.
9
In the Ninth Circuit, if an “interlocutory claim is immediately appealable, its
10
filing divests the district court of jurisdiction to proceed with trial.” Chuman v.
11
Wright, 960 F.2d 104, 105 (9th Cir. 1992) (citing United States v. Claiborne, 727
12
F.2d 842, 850 (9th Cir. 1984)). However, in the context of interlocutory qualified
13
immunity appeals, the Ninth Circuit has adopted a dual jurisdiction rule “wherein
14
‘an appeal from the denial of a frivolous motion ... does not divest the district court
15
of jurisdiction to proceed with trial, if the district court has found the motion to be
16
frivolous.’” Id. (quoting United States v. LaMere, 951 F.2d 1106, 1108 (9th Cir.
17
1991)). A district court may deem an appeal frivolous “‘when the result is obvious
18
or the appellant’s arguments are wholly without merit.’” Blixseth v. Yellowstone
19
Mountain Club, LLC, 796 F.3d 1004, 1007 (9th Cir. 2015) (quoting Glanzman v.
20
Uniroyal, Inc., 892 F.2d 58, 61 (9th Cir. 1989)); see Marks v. Clarke, 102 F.3d 1012,
21
1017 n.8 (9th Cir. 1996) (a qualified-immunity claim is frivolous if it “is unfounded,
22
so baseless that it does not invoke appellate jurisdiction.”) (internal quotation marks
23
and citation omitted).
24
Here, Plaintiff argues Defendants’ appeal is frivolous because the Court
25
rejected Defendants’ claim of qualified immunity based on genuine issues of
26
material fact. In contrast, Defendants contend the appeal concerns a question of law,
27
and therefore, they are well within their rights to pursue interlocutory review.
28
Specifically, Defendants argue “even viewing the facts in light most favorable to the
–2–
. 15-cv-2007 DMS (BGS)
1
plaintiff …, defendants did not violate plaintiff’s clearly established constitutional
2
rights.” (Opp’n to Mot. at 6.)
3
In the order on Defendants’ motions for summary judgment, the Court found
4
genuine issues of material fact remained as to whether Plaintiff’s constitutional
5
rights had been violated. Plaintiff alleged she complied with the officers’ orders,
6
and did not resist arrest or pose a threat. Nevertheless, Officer Valentine “allegedly
7
lunged at Plaintiff and swept her legs out from under her, causing her to fall to the
8
ground…. deliberately threw [her] body up in the air to hit [her] head straight first
9
on the ground. Once she fell again on the ground, Officer Valentine allegedly
10
inflicted pain by exerting pressure on her body with his knee.” (Order on Mot. for
11
Sum. Judg. at 9.) When Officer Knisley subsequently arrived on the scene, Plaintiff
12
stated she “was not attempting to throw Officer Valentine off of her nor was she
13
kicking her legs violently attempting to break free from Officer Valentine’s grasp.”
14
(Id. at 10.) Plaintiff alleged she “remained still on the ground.” (Id.) Yet, Officer
15
Knisley “took Plaintiff’s arm and twisted it backwards, and then delivered multiple
16
blows to her head and body using his fist and knee.” (Id.) Therefore, viewing the
17
facts in light most favorable to Plaintiff, the Court held a reasonable jury could find
18
that Officers Valentine and Knisley used an unreasonable amount of force to effect
19
the arrest, and as a result, violated Plaintiff’s Fourth Amendment right to be free
20
from excessive force.
21
Moreover, the Court found that the constitutional rights in dispute were
22
clearly established at the time of the incident. See Rice v. Murakami, 671 F. App’x
23
472, 473 (9th Cir. 2016) (“It was clearly established at the time of the incident that
24
striking and kneeing a person being arrested who was not physically resisting
25
constituted excessive force.”); Young v. Cty. of L.A., 655 F.3d 1156, 1168 (9th Cir.
26
2011) (“The principle that it is unreasonable to use significant force against a suspect
27
who was suspected of a minor crime, posed no apparent threat to officer safety, and
28
could be found not to have resisted arrest, was thus well-established in 2001”).
–3–
. 15-cv-2007 DMS (BGS)
1
Therefore, the Court held “[a] reasonable officer in Officers Valentine or Knisley’s
2
position would have known that striking and kicking the suspect to effect an arrest
3
under such circumstances would violate the Fourth Amendment.” (Id. at 13); see
4
Meredith v. Erath, 342 F.3d 1057, 1061 (9th Cir. 2003) (viewing the facts in light
5
most favorable to plaintiff, the Court found it was objectively unreasonable when
6
defendant “grabbed [plaintiff] by her arms, forcibly threw her to the ground, and,
7
twisting her arms, handcuffed her … [when] [Plaintiff] did not pose a safety risk and
8
made no attempt to [evade arrest]…. [and] [Defendant] was investigating …
9
nonviolent offenses.”).
10
Nevertheless, Defendants appear to argue the Court erred in holding that the
11
rights alleged to have been violated were clearly established at the time of the
12
incident. Defendants, relying on Plaintiff testimony that she was “backpedaling” or
13
“shuffling” at the time of the incident, contend “there is simply no case law which
14
clearly establishes that it is Fourth Amendment violation for an officer to take a
15
suspect to the ground when she is ‘backpedaling’ or ‘shuffling’ away[,]” and “for
16
Knisley to strike plaintiff during their struggle.” (Opp’n to Mot. at 8–10.) The Ninth
17
Circuit, however, has held that case law need not provide an exact fit. See Giebel v.
18
Sylvester, 244 F.3d 1182, 1189 (9th Cir. 2001) (“precedent directly on point is not
19
necessary to demonstrate that a right is clearly established.
20
unlawfulness is apparent in light of preexisting law, then the standard is met. In
21
addition, even if there is no closely analogous case law, a right can be clearly
22
established on the basis of common sense.”); San Jose Charter of the Hells Angels
23
Motorcycle Club v. City of San Jose, 402 F.3d 962, 975 (9th Cir. 2005) (“There need
24
not be prior authority dealing with this precise factual situation in order to deny [the
25
officer] qualified immunity for his actions”). In light of preexisting case law, it is
26
beyond dispute that it was clearly established that the alleged use of force was
27
unconstitutional at the time of the incident. Accordingly, there is no reasonable basis
28
for this appeal.
–4–
Rather, if the
. 15-cv-2007 DMS (BGS)
1
For these reasons, Plaintiff’s motion is granted and Defendants’ interlocutory
2
appeal in this case is certified as frivolous.2 The Clerk of Court shall send a copy of
3
this order to the Court of Appeals for the Ninth Circuit. The parties are ordered to
4
participate in a telephonic conference with the Court on July 18, 2017 at 10:00 a.m.
IT IS SO ORDERED.
5
6
Dated: July 17, 2017
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Accordingly, the Court need not reach Plaintiff’s remaining arguments.
–5–
. 15-cv-2007 DMS (BGS)
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?