De La Torre v. City of Renton

164 F. Supp. 3d 1275, 2016 U.S. Dist. LEXIS 21291, 2016 WL 696387
CourtDistrict Court, W.D. Washington
DecidedFebruary 22, 2016
DocketCase No. 2:14-cv-01779 BJR
StatusPublished
Cited by1 cases

This text of 164 F. Supp. 3d 1275 (De La Torre v. City of Renton) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
De La Torre v. City of Renton, 164 F. Supp. 3d 1275, 2016 U.S. Dist. LEXIS 21291, 2016 WL 696387 (W.D. Wash. 2016).

Opinion

MEMORANDUM ORDER

BARBARA J. ROTHSTEIN, UNITED STATES DISTRICT JUDGE

I. INTRODUCTION

This civil rights action' is before the Court on cross-motions for partial summary judgment. Plaintiff claims that Defendants violated her Fourth Amendment rights protected by 42 U.S.C. Section 1983 — as well as state laws prohibiting [1279]*1279negligence, trespass, and “unjust damages” — when they searched her condominium on April 25, 2012. (Doc. No. 59). According to Plaintiff, the undisputed evidence demonstrates that the search was done pursuant to an invalid warrant and executed in an unreasonable manner. (Id.). Defendants have also moved for summary judgment. Defendants argue that no reasonable juror could find that the warrant was invalid. Defendants also contend that Plaintiff cannot state a claim for negligence, Monell liability, trespass, or “unjust damages.” (Doe. No. 52).

Having reviewed the parties’ arguments, the relevant case law, and the entire record, the Court will deny Plaintiffs motion for partial summary judgment in part; grant Plaintiffs motion for summary judgment in part; grant Defendants’ motion for partial summary judgment in part; and deny Defendants’ motion for partial summary judgment in part. The Court’s reasoning follows:

II. BACKGROUND

Plaintiff Melinda de la Torre (hereinafter, “Plaintiff’) resides in a condominium located at 17581 110th Lane SE in Renton, Washington (hereinafter, “Plaintiffs Condo”). (Doc. No. 51 at 3-4). Plaintiffs Condo is a two-story semi-detached townhouse with a small backyard and a two-car garage. (Doc. No. 59, De La Torre Decl. at para. 3). It is located inside a gated community. (Id.).

Plaintiff lives alone; however, her son— Isaiah Swain — occasionally visits. (Doc. No. 59 at 3; De La Torre Dep. at 13-18). On the morning of April 25, 2012, Swain informed Plaintiff that he would be visiting Plaintiffs Condo that afternoon to take a shower and pick up some clothes. (Id.). Plaintiff left her condo at 3:30 p.m.

At approximately 4:30 p.m. that same day, Bianca Shaw called the Renton Police Department to report an armed robbery. (Doc. No. 59 at para 2). Shaw made the 911 call from a “KinderCare” located roughly two hundred yards away from Plaintiffs Condo and outside of the gated community. (Id.). Defendant Officer Mark Coleman and Defendant Sargent Kevin Keyes arrived at the KinderCare at roughly 4:40 p.m. and interviewed Shaw about the incident. Shaw informed the officers that two individuals had robbed her at gunpoint and that one of the individuals had hit her in the face with the butt of his gun. (Coleman Dep. at 13:18-15:7). It is undisputed that Shaw provided the following story:

Shaw was leaving the pharmacy — where she had just picked up a prescription for Oxycodone — when a man named “Silly Cuz” offered to give Shaw a ride home. (Onishi Aff. at 3). However, Silly Cuz did not take Shaw directly home. (Id.). Instead, Silly Cuz drove Shaw to Plaintiffs Condo. Once inside Plaintiffs Condo, Shaw met a second man. (Id.). After a short discussion, the second man pulled out a gun, struck Shaw in the face with the butt of the gun, and stole her bottle of oxyco-done. Shaw and Silly Cuz immediately fled Plaintiffs Condo. (Id.). Shaw asserted that she saw Silly Cuz drive off; however, Shaw did not see where the second man went. (Barfield Dep. at 10:10-11:25). Shaw believed that the second man likely returned to Plaintiffs Condo and had not left. (Id.).

Coleman inspected Shaw’s face and saw no visible signs of injury. Coleman then relayed Shaw’s story to Detective Robert Onishi. (Doc. No. 59, Coleman Dep. at 13:18-15:7). Based on Coleman’s statements, Onishi drafted an affidavit for a search warrant. In the affidavit, Onishi averred that he “believed” Plaintiffs Condo contained the following: “evidence of the crime of Robbery in the First Degree;” “the fruits of the crime;” “weapons” used [1280]*1280in the crime; and “a person for whose arrest there is probable cause.” (Onishi Dep. at 19-22). According to Onishi’s affidavit, Shaw “ran to the adjacent Kinder Care” immediately after she was robbed. (Doc. No. 54 at 15). Onishi further stated that “Shaw never saw the [second man] leave the complex” and that Shaw “believed that he was still inside” Plaintiffs Condo. (Id.).

Onishi presented the affidavit to Judge Charles J. Delaurenti, a magistrate. (Oni-shi Dec., Ex. A). After reviewing Onishi’s affidavit, Judge Delaurenti found that there was probable cause to search Plaintiffs Condo. (Id.). Judge Delaurenti signed the search warrant. (Id.).

SWAT officers arrived at Plaintiffs Condo at 5:30 p.m., roughly one hour after the alleged robbery took place. Plaintiff returned to her condominium complex around this same time. Upon seeing the police presence, Plaintiff asked an officer if she would be able to get to her condo in order to let her small dog out. Plaintiff contends that the officer replied: “we’re about to destroy your house.” (De La Torre Decl. at para. 10).

According to Defendants, Plaintiff then stated that her son, Swain, had planned to come by Plaintiffs Condo that day. Defendants obtained a photo of Swain and noticed that he matched Shaw’s description of the man who had allegedly robbed her. (Barfield Dep. at 13:20-14:18). Defendants put Swain’s photo in a photo lineup and presented that lineup to Shaw. (Id.; Coleman Dep. at 32:7-33:4, 39:7-14). Shaw identified Swain as the second man in Plaintiffs Condo. (Coleman Dep. at 32:7-33:4, 39:7-14).

After receiving this identification, Defendants used a Bearcat to tear down Plaintiffs back fence. (Arbuthnot Dep. at 38:17-23). Several other members of the SWAT team then fired two volleys of gas canisters at and into Plaintiffs Condo; several dozen of these canisters penetrated the windows and smashed through the walls. (Decl. of Chris Nutt at para. 7). Shortly thereafter, Officer Brian Torre set explosive charges on the front door and blew off the door. (Deposition of Brian Torre at 23:10-24:6).

At 7:41 p.m., Defendant Officer Jason Solema used a Bearcat to destroy and remove the entire garage door from Plaintiffs Condo. (Depo. of Jason Solema at 65-69; Garage Door Removal Video, Ex. Q).

At 8:19 p.m., Steve Arbuthnot, the police department commander, authorized a third volley of gas canisters into Plaintiffs Condo. (Aruthbot Dep. at 43:19-22). Around 9:30 p.m., a SWAT team of six people entered Plaintiffs Condo. At 9:49 p.m., the team began firing a series of “sting balls” into Plaintiffs Condo. These “sting balls” started a fire in the attic.

Throughout this incident, Defendants never saw any movement in Plaintiffs Condo. Defendants also never found anyone in Plaintiffs, except for Plaintiffs dog. It is undisputed that Defendants never asked Plaintiff to call her son to see if he was home or to utilize her garage opener.

Plaintiff eventually entered her home on April 28, 2012, three days after the incident. (De La Torre Decl. at paras. 22-25). She asserts that her condo had an “overwhelming” chemical odor that made it difficult for her breathe and caused her eyes to tear up. (Id.). She further asserts that every window in her home had been broken. (Id.).

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164 F. Supp. 3d 1275, 2016 U.S. Dist. LEXIS 21291, 2016 WL 696387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-la-torre-v-city-of-renton-wawd-2016.