Emmons v. City of Escondido

168 F. Supp. 3d 1265, 2016 WL 816015, 2016 U.S. Dist. LEXIS 27389
CourtDistrict Court, S.D. California
DecidedMarch 2, 2016
DocketCASE NO. 14cv1662 JM(DHB)
StatusPublished
Cited by3 cases

This text of 168 F. Supp. 3d 1265 (Emmons v. City of Escondido) is published on Counsel Stack Legal Research, covering District Court, S.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Emmons v. City of Escondido, 168 F. Supp. 3d 1265, 2016 WL 816015, 2016 U.S. Dist. LEXIS 27389 (S.D. Cal. 2016).

Opinion

ORDER GRANTING MOTION FOR SUMMARY JUDGMENT IN FAVOR OF DEFENDANTS. AND AGAINST PLAINTIFFS

Hon. Jeffrey T. Miller, United States District Judge

Plaintiffs Marty Emmons (“Mr. Em-mons”) and his daughter Maggie Emmons (“Ms. Emmons”) move for summary judgment on their First, Second, and Third causes of action asserted in the First Amended Complaint (“FAC”). Defendants City of Escondido, Craig Carter, Kevin Toth, Robert Craig, Huy Quach, Jake Houchin and Joseph Leffinwell oppose the motion and separately move for summary judgment on the same claims. Pursuant to Local 'Rule 7.1(d)(1), the court finds the matters presented appropriate for decision without oral argument. For the reasons set forth below, the court grants summary judgment in favor of Defendants Craig Carter, Kevin Toth, Richard Craig, Huy Quach, Jake Houchin and Joseph Leffin-[1268]*1268well, and against Plaintiffs, on the First, Second, and Third causes of action.

At the outset, the court notes that the evidentiary record contains video and audio recordings of the underlying incident at issue. While not a panacea, these recordings provide significant context and color to the events which occurred on May 27, 2013. The body-worn camera provides a technological aide to better serve the community by protecting both police officers and citizens. An accurate depiction of the contacts between the police and community improves public safety, provides an objective means for evidence gathering, and serves as a valuable training tool for police officers.

BACKGROUND

On May 27, 2014, Plaintiffs commenced this federal question action by alleging six causes of action for violation of the Civil Rights Act, 42 U.S.C. § 1983, and one claim for violation of the Bane Act, Cal. Civil Code §§ 52.1 and 52.3. Precisely one year prior to filing the complaint, on May 27, 2013, Plaintiffs allege that Defendants violated their civil rights when police officers responded to a 911 call. On that date, the mother of Ms. Emmons’ roommate, Trina Douglas, while speaking with her daughter, Ametría Douglas (“Ms. Douglas”), called 911 to report what she believed was an on-going fight at the apartment. Trina Douglas “called 911 in the hopes that someone would check on the well-being of her daughter.” (FAC ¶ 23).

Officers Craig and Houchin were dispatched to conduct a welfare check on the occupants of the residence. Upon arrival the Officers encountered Ms. Douglas, the subject of the 911 call, in the pool with Ms. Emmons’s children. Ms. Douglas allegedly told the officers that “she was fine and there was no need to go inside Ms. Emmons’s residence.” Nevertheless, the Officers proceeded to the door of Ms. Em-mons’s residence. Unbeknownst to the Officers, Mr. Emmons was inside the residence with his daughter.

Ms. Emmons denied the Officers request to enter the residence. Ms. Emmons spoke to the Officers through a window on the side of her residence and continued to refuse entry to the residence. The Officers insisted on entering the premises and informed Ms. Emmons that additional police officers would respond and would force entry into the residence unless they were allowed to enter the residence. (TAC ¶ 29). Ms. Emmons insisted that the Officers needed a search warrant before entering the home. (Compl. ¶ 32). By this time, Sergeant Toth and Officers Leffinwell and Quach responded to the call for support.

Mr. Emmons then “unlocked and opened the front door, and exited his daughter’s residence through the front door. Officer Craig stepped up and demanded that Mr. Emmons not close the door. As Mr. Em-mons stepped out, Officer Craig then attempted to force the door open with his foot. Mr. Emmons brushed past Officer Craig and closed the door behind him.” (TAC ¶ 35). Officer Craig then grabbed Mr. Emmons and forced him to the ground, injuring his back. (TAC ¶¶ 36, 37). The Officers then entered and searched the residence.

Mr. Emmons was arrested and cited for violation of Penal Code § 148(a) for resisting and delaying a peace officer and then released. (FAC ¶ 44). The District Attorney’s Office dismissed the case against Mr. Emmons in February 2014.

Based upon this generally described conduct, Plaintiffs allege six civil rights claims: (1) unlawful seizure, arrest, and detention; (2) excessive force; (3) unreasonable search without a warrant; (4) municipal liability under Monell; (5) failure to train; and (6) failure to supervise and discipline. Plaintiffs also allege a single state [1269]*1269law claim for violation of the Bane Act. The parties have jointly moved to dismiss the Bane Act claim and to dismiss Defendant Huy Quach as a party. (ECF 22).

DISCUSSION

Legal Standards

A motion for summary judgment shall be granted where “there is no genuine issue as to any material fact and...the moving party is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(c); Prison Legal News v. Lehman, 397 F.3d 692, 698 (9th Cir.2005). The moving party bears the initial burden of informing the court of the basis for its motion and identifying those portions of the file which it believes demonstrate the absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). There is “no express or implied requirement in Rule 56 that the moving party support its motion with affidavits or other similar materials negating the opponent’s claim.” Id. (emphasis in original). The opposing party cannot rest on the mere allegations or denials of a pleading, but must “go beyond the pleadings and by [the party’s] own affidavits, or by the ‘depositions, answers to interrogatories, and admissions on file’ designate ‘specific facts showing that there is a genuine issue for trial.’ ” Id. at 324, 106 S.Ct. 2548 (citation omitted). The opposing party also may not rely solely on conclusory allegations unsupported by factual data. Taylor v. List, 880 F.2d 1040, 1045 (9th Cir.1989).

The court must examine the evidence in the light most favorable to the non-moving party. United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 8 L.Ed.2d 176 (1962). Any doubt as to the existence of any issue of material fact requires denial of the motion. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). On a motion for summary judgment, when “ ‘the moving party bears the burden of proof at trial, it must come forward with evidence which would entitle it to a directed verdict if the evidence were uncontroverted at trial.’ ” Houghton v. South, 965 F.2d 1532, 1536 (9th Cir.1992) (emphasis in original) (quoting International Shortstop, Inc. v. Rally’s, Inc., 939 F.2d 1257, 1264-65 (5th Cir.1991), cert. denied, 502 U.S. 1059, 112 S.Ct. 936, 117 L.Ed.2d 107 (1992)).

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Related

Marty Emmons v. City of Escondido
921 F.3d 1172 (Ninth Circuit, 2019)
City of Escondido v. Emmons
586 U.S. 38 (Supreme Court, 2019)
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227 F. Supp. 3d 1387 (Court of International Trade, 2017)

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Bluebook (online)
168 F. Supp. 3d 1265, 2016 WL 816015, 2016 U.S. Dist. LEXIS 27389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/emmons-v-city-of-escondido-casd-2016.