James Ryan Singletary v. Juan Vargas

804 F.3d 1174, 2015 WL 6533367
CourtCourt of Appeals for the Eleventh Circuit
DecidedOctober 29, 2015
Docket14-14424
StatusPublished
Cited by84 cases

This text of 804 F.3d 1174 (James Ryan Singletary v. Juan Vargas) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
James Ryan Singletary v. Juan Vargas, 804 F.3d 1174, 2015 WL 6533367 (11th Cir. 2015).

Opinion

JULIE CARNES, Circuit Judge:

In August of 2012, Defendant Juan Vargas, a deputy with the Brevard County Sheriffs Office (“Sheriffs Office”), provided back-up during a drug bust of the driver of a vehicle in which Plaintiff James Singletary was a passenger. Perceiving that this vehicle was trying to run him down as he stood in front of it, Defendant fired shots at the car as he was falling to the ground. One of those shots hit Plaintiff, causing serious injury to his leg. Plaintiff sued Defendant in his individual capacity under 42 U.S.C. § 1983, contending that the above response by Defendant constituted excessive force in violation of the Fourth Amendment. 1 Defendant moved for summary judgment on the ground of qualified immunity. The district court denied the motion and Defendant now appeals. We conclude that Defendant is entitled to qualified immunity, REVERSE the district court’s ruling on Defendant’s motion for summary judgment, and direct that court to enter judgment consistent with this opinion.

BACKGROUND

I. Factual Background 2

While interviewing a drug suspect in July 2012, Sheriffs Office Deputy Thomas *1177 Walter obtained the number of a cellphone purportedly used to conduct illegal drug deals. 3 Posing as an interested customer, Walter texted the number and indicated that he was looking to buy marijuana and oxycodone. Eventually directed to a second number, he this time texted that he wanted to buy high-grade marijuana. In response, the person at the other end of the text communication replied, “[C]ome see me.”

Deputy Walter showed these texts to his supervisor, Lt. Jeffrey Ludwig, who decided to set up an operation to investigate this individual who appeared receptive to Walter’s efforts to purchase drugs. Defendant Vargas was assigned to the tactical support team for the operation.

Around 11:00 p.m. on August 3, 2012, Lt. Ludwig met with Walter and several other deputies, including Defendant Vargas, to discuss the planned operation. The plan was relatively simple. Walter would send another text proposing a drug buy at an agreed-upon location. Deputy Jason Roberts, dressed in plain clothes, would play the role of the drug purchaser. Followed by covert tactical personnel and Sheriffs Office deputies, Roberts would meet the suspect at the designated location, after which the other deputies would conduct a “felony stop” and investigation.

Following this planning session, Deputy Walter sent a text to the second number, stating that he wanted to buy $100 worth of marijuana. He received a response indicating that marijuana and oxycodone were available for purchase. Walter and the suspect agreed to meet at a nearby Sunoco gas station to conduct the deal. Deputy Roberts then began walking to this Sunoco station. Joined by Corporal Lyndale Smith and his service dog, Defendant moved to the back of the gas station, where he was concealed but could still observe Deputy Roberts. Two marked and two unmarked police ears hid themselves in other areas around the station. Lt. Ludwig remained about a quarter mile away, maintaining contact with the other officers via radio.

Based on Walter’s earlier investigation, the deputies anticipated that the suspect would arrive in a red Toyota. And in fact, at about 1:00 a.m., a red Toyota pulled into the Sunoco station. As the officers later learned, the car was driven by Nicholas Lechner, with Plaintiff riding in the passenger seat. As the car turned into the station, Deputy Roberts told Lt. Ludwig over the phone: “This is the car. This is the car.” Lt. Ludwig then gave the “go” signal to the deputies. After waiting about 15-20 seconds, Defendant and Corporal Smith moved toward the car. Wearing his tactical uniform and patrol hat, Defendant loudly shouted, “Sheriffs office, let me see your hands,” as he approached the car.

Helpful to our review in this case, a surveillance video captured Defendant’s approach and the incident that followed. 4 The video first shows Roberts, the putative purchaser, walking to the passenger window and then around the back and toward the driver’s side of the car. Shortly thereafter, Corporal Smith and his dog are seen running toward the passenger side of the car, with Defendant following slightly behind. Smith stops and points his handgun *1178 at the passenger window, while Defendant continues walking toward the front of the car. Defendant makes his way to the front of the car, as evidenced by the fact that the front right headlight of the car can be seen shining directly on his left pants leg. As soon as Defendant reaches this position, the car suddenly accelerates toward him, and the car’s headlight beam can be seen moving up Defendant’s pants leg as the car moves forward. Almost immediately, Defendant begins falling to the ground and, within one to two seconds of its initial acceleration, the car abruptly stops. While Defendant is on the ground near the right front tire, the car briefly rolls forward a second time, then stops again.

Because the video has no audio component, it does not reveal when the gunshots at issue- in this case were fired. Defendant, Lechner, and Plaintiff each offered statements on that matter. Defendant testified that after approaching from the passenger’s side of the car, he moved to the front of the car, at which point he stopped when the vehicle started coming toward him. Defendant tried to backpedal, but the right passenger side bumper struck him in the left leg, causing him to lose his balance, and he fell to the left. According to his testimony, he fired the first shot 5 while the car was still accelerating. His first shot would have occurred “at the same time” as the vehicle made contact with him or “maybe ... half a second sooner.” He pulled the trigger on his weapon four times, “as quick as [he] could,” and was “firing the rounds as [he was] falling to the ground.” Corroborating Defendant’s testimony regarding the timing of events, Lechner confirmed in an initial statement given shortly after the incident that the shots by the officer were fired as the car was moving, but he also stated that the car never actually struck Defendant. 6

Understandably, given how quickly everything happened and how unanticipated were the turn of events from Plaintiffs point of view, his account of the chronology was not very specific. He gave a statement two days after the incident and admitted that after the undercover officer had walked to Lechner’s side of the window, “everything’s pretty much just a blur.” He recalled that he put his hands up and “the next thing that happened [he] was getting shot through the passenger side of the door.” He opined that perhaps the officers thought Lechner was putting the car into the drive gear, but “[everything happened so fast ... [he] wasn’t paying attention.” As to the timing of the shots, he stated that they occurred about two seconds after the undercover officer had walked to the driver’s side of the car.

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Cite This Page — Counsel Stack

Bluebook (online)
804 F.3d 1174, 2015 WL 6533367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-ryan-singletary-v-juan-vargas-ca11-2015.