Holley v. Blomberg

142 F. Supp. 3d 517, 2015 U.S. Dist. LEXIS 144105, 2015 WL 6443122
CourtDistrict Court, S.D. Texas
DecidedOctober 23, 2015
DocketCivil Action No. H-10-2394
StatusPublished
Cited by1 cases

This text of 142 F. Supp. 3d 517 (Holley v. Blomberg) is published on Counsel Stack Legal Research, covering District Court, S.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Holley v. Blomberg, 142 F. Supp. 3d 517, 2015 U.S. Dist. LEXIS 144105, 2015 WL 6443122 (S.D. Tex. 2015).

Opinion

MEMORANDUM AND ORDER

EWING WERLEIN, JR., District Judge.

Pending is Defendánt City of Houston’s Motion for Summary Judgment (Document No.' 14Í).. After carefully considering the motion, response, and applicable law, the Court for the reasons that follow concludes that the motion should be granted.

I. Background

This suit arises from the March 23, 2010 beating and arrest of Plaintiff Chad Holley (“Holley”), a fifteen-year-old minor at the time, by officers of the Houston Police Department. Officers Andrew T. Blom-berg (“Officer Blomberg”), Ráad M. Has-san (“Officer Hassan”), Phillip- N. Bryan (“Officer Bryan”), and Drew W.. Ryser (“Officer Ryser”), (cumulatively referred to as the “Offending Officers”), along with other officers, responded to. a report of a burglary with armed suspects. Seeing Holley fleeing on foot, Officer Bryan attempted to block him from escaping by driving his police vehicle over a curb and into a fence.1 Holley attempted to hurdle the car and fell to the ground on the other side of the police vehicle, where he “lay on the ground and placed his hands behind his head and 'neck area, in an obvious position of surrender.”2 “Video evidence shows that several officers surrounded Holley and struck and kicked him repeatedly. Officers either struck or kicked Holley, and one officer kicked Holley after he was handcuffed and no longer a threat.”3

After Holley was arrested, handcuffed, and in the process of being placed into the patrol car, Sergeant John W. McClellan (“Sergeant McClellan”), the Offending Officers’ supervisor, arrived at the scene.4 Sergeant McClellan states that he “did not observe any injuries to Chad Holley or any other suspect on the scene” and was “not aware of any medical treatment needed or given to the-suspects on the scene.”5 Sergeant McClellan further. states that he “walked over to the police car that Chad Holley was seated in and observed him sitting in the back seat.”6 The officers took Holley, along with another suspect in the burglary, to the Houston Police Department Juvenile Division to be processed.7 No investigation into the violent attack on Holley took place until a month later when the City became aware of the .incident after the Internal Affairs Division [521]*521(the “IAD”) received from, a citizen a surveillance video, of the Offending Officers beating Holley.8 Upon learning of the misconduct alleged, the City’s Chief of Police, Charles A. McClelland, Jr. (“Chief McClelland”), adopted the complaint as the complainant himself, and an investigation ensued by the IAD.9 As a result of the IAD’s investigation findings, the City terminated Officers Blomberg, *' Hassan, Bryan, and Ryser, and indefinitely suspended Sergeant McClellan.10

The uncontroverted summary judgment evidence is that none of the Offending Officers had ever had complaints sustained against them for wrongful use of force before this incident.11

Holley’s mother filed this suit on behalf of her .minor son against Officers Hassan, Blomberg, Bryan, Ryser, and the City of Houston (the “City”), alleging, inter alia, that the City’s “policies, practices and. customs were a moving force in causing the unconstitutional conduct,” and that “there was a failure to supervise or correct wrongful behavior by these officers,” and that “there was a culture of silence and toleration of such conduct and/or there was a failure to train on non-lethal use of force.”12 Holley has settled his claims against Officers Blomberg, Hassan, Bryan, and,Ryser, leaving only Holley’s.claims against the City.13 .The City does not dispute that the four Offending Officers violated Holley’s constitutional rights, but moves for summary judgment, arguing that Holley cannot satisfy .the elements required to hold the City of Houston liable under 42 U.S.C. § 1983 for the Offending Officers’ misconduct.14

[522]*522II. Legal Standard

Rule 56(a) provides that “[t]he court shall grant summary judgment if the mov-ant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment ás a matter of law.” Fed.R.Civ.P. 56(a). Once the movant carries this burden, the burden shifts to the nonmovant to show that summary judgment should hot be granted. Morris v. Covan World Wide Moving, Inc., 144 F.3d 377, 380 (5th Cir.1998). A party opposing a properly supported motion for summary judgment may not rest upon mere allegations or denials in a pleading, and unsubstantiated assertions that' a fact issue exists will not suffice. Id. “[T]he nonmoving party must set forth specific facts showing the existence of a ‘genuine’ issue concerning every essential component of its case.” Id. “A party asserting that a fact cannot be or is genuinely disputed must support the assertion by: (A) citing to particular parts of materials in the record [...}; or (B) showing that the materials cited do not establish the absence, or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.” Fed.R.Civ.P. 56(c)(1). “The court need consider only the cited materials, but it may consider other materials in the record.” Id. 56(c)(3).

In considering a motion for summary judgment, the district court must view the evidence “through the prism of the substantive evidentiary burden.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 2513, 91 L.Ed.2d 202 (1986). All justifiable inferences to be drawn from the underlying facts must be viewed in the light most favorable to the nonmoving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986). “If the record, viewed in this light, could not lead a rational trier of fact to find” for the non-movant, then summary judgment is proper. Kelley v. Price-Macemon, Inc., 992 F.2d 1408, 1413 (5th Cir.1993). On the other hand, if “the factfinder could reasonably find in [the nohmovant’s] favor, then summary judgment is improper.” Id. Even if the standards of Rule 56 are met, a court has discretion to deny a motion for summary judgment' if it believes that “the better course would be to proceed to a full trial.” Anderson, 106 S.Ct. at 2513.

III. Analysis

The Civil Rights Act of 1866 creates a private right of.action for redressing the violation of federal law by those acting under color of state law. 42 U.S.C. § 1983; Migra v. Warren City Sch. Dist. Bd. of Educ.,

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Bluebook (online)
142 F. Supp. 3d 517, 2015 U.S. Dist. LEXIS 144105, 2015 WL 6443122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holley-v-blomberg-txsd-2015.