John Louis Lalonde v. County of Riverside, Robert Moquin, and Jason Horton, Opinion

204 F.3d 947, 2000 Daily Journal DAR 2031, 2000 Cal. Daily Op. Serv. 1433, 2000 U.S. App. LEXIS 2778, 2000 WL 217552
CourtCourt of Appeals for the Ninth Circuit
DecidedFebruary 25, 2000
Docket98-55887
StatusPublished
Cited by349 cases

This text of 204 F.3d 947 (John Louis Lalonde v. County of Riverside, Robert Moquin, and Jason Horton, Opinion) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
John Louis Lalonde v. County of Riverside, Robert Moquin, and Jason Horton, Opinion, 204 F.3d 947, 2000 Daily Journal DAR 2031, 2000 Cal. Daily Op. Serv. 1433, 2000 U.S. App. LEXIS 2778, 2000 WL 217552 (9th Cir. 2000).

Opinions

OPINION

REINHARDT, Circuit Judge:

The plaintiff, John LaLonde, brought a civil rights action alleging that Officers Robert Moquin and Jason Horton (i) illegally entered his home without a warrant and (ii) used excessive force during and after his arrest. LaLonde claimed that the officers were both liable for these acts and that the County of Riverside was also liable on the excessive force claim. With regard to the illegal entry claim, the district court issued a pretrial order granting the officers qualified immunity. With regard to the excessive force claim, after the plaintiff presented his final witness at a jury trial, the district court issued a judgment as a matter of law granting the officers qualified immunity and dismissing the plaintiffs claim against the County of Riverside. In all instances, the district court erred by failing to evaluate the facts in the light most favorable to the plaintiff and by resolving disputed issues of material fact. LaLonde’s claims should have been heard and decided by a jury. The district court’s decision is reversed in all respects.2

Factual Background

John LaLonde lived in an apartment in Hemet, California, with his roommate Monica Jones and her three children aged three, six, and seven.3 On July 21, 1996, LaLonde got off work around 11:30 p.m. He came home, changed his clothes, and then went to the store to get some groceries. He arrived back home shortly before midnight. He grabbed a sandwich and decided to play some video games. The walls between the neighboring apartments were thin, so that one could hear people’s voices next door. That evening, LaLonde had heard some yelling, thumping, and banging from the apartment directly across the way. At this point though, it was a fairly quiet night inside LaLonde’s apartment. The children were asleep and Jones was reading. LaLonde muted the volume on the television set in order not to disturb the others.

Either late that evening or in the early morning hours, LaLonde’s neighbor Alycie Niemczyk, contacted the Riverside County Sheriffs Department to complain that La-Londe had been causing a disturbance. [951]*951On at least three previous occasions, Ni-emczyk had contacted the police with unfounded complaints about excessive noise in the apartment complex. The landlord had also investigated her complaints and determined them to be false or unfounded.

Shortly after 1 a.m., Deputy Sheriffs Robert Moquin and Jason Horton arrived in response to Niemczyk’s complaint. Officer Moquin claimed that, upon arrival, he heard yelling originating from LaLonde’s residence. Officer Horton testified that he also heard people yelling, but described it as voices communicating back-and-forth and not sounding angry.

The officers first spoke with Niemczyk at her apartment. She told them that LaLonde, “had been causing a disturbance about an hour, within an hour prior.” She also told them that LaLonde owned a rifle, which he kept in his house. Niemczyk also said that LaLonde had a hostile attitude toward law enforcement and that the officers should be careful because he might be willing to use the rifle. Niemczyk told Officer Moquin to speak with LaLonde first, and that if he cooperated, she would drop the complaint. If he did not cooperate, Niemczyk stated she was willing to make a citizen’s arrest.4

Officers Moquin and Horton proceeded to LaLonde’s apartment. Monica Jones, LaLonde’s roommate, opened the door and Officer Moquin spoke with her. He asked if LaLonde was there. LaLonde walked into view and said “I’m right here.” La-Londe appeared in his underwear and a T-shirt, holding a sandwich in his hand. He remained inside the apartment and did not at any time reach the doorway.

Moquin was standing outside the residence, about two to three feet from the door. According to LaLonde, Moquin asked him to step outside, and LaLonde replied “No, I do not want to step outside.” Moquin denies that he asked LaLonde to step out of his apartment, but does admit that he asked him to “come here” while the officer remained at the doorway. Mo-quin asked if he could enter the apartment. LaLonde responded “No,” and added, “I will talk to you from inside the house.”

Moquin explained to LaLonde that he was investigating a disturbing the peace complaint made by their neighbor, Ms. Niemcyzk. LaLonde responded that the complaint was “bullshit, because ... it had been an ongoing harassment thing with her. She had done this several times in the past, bogus complaints to the property management people.” Moquin stated that he was conducting an investigation and that LaLonde was a suspect. Officer Mo-quin testified that LaLonde answered, “You don’t know what you’re talking about.”

According to LaLonde, at this point, Officer Moquin tried to reach in and grab him by the shirt. In contrast, Moquin testified that LaLonde turned and headed toward the interior of his apartment, which was the reason he reached in and tried to grab him. LaLonde denied that he made any physical movement before Moquin crossed the threshold of the door and entered his apartment: LaLonde testified that Moquin “tried to reach in and snatch me out of the apartment.... He reached in and grabbed a hold of the front of my T-shirt. At that point I stepped backward. My T-shirt ripped ...” LaLonde testified that Officer Moquin then advanced on him.5 At this point, LaLonde told Moquin he wanted a watch commander, a request which he repeated a number of times.

Officer Moquin told LaLonde he was going to be placed under arrest for ob[952]*952structing a police investigation. Moquin asked LaLonde if he would submit to being arrested. LaLonde said no, not after seeing the officer strike a woman in his house. Moquin grabbed LaLonde’s hands and knocked the sandwich to the floor. LaLonde reached down for the sandwich, while telling Moquin, “Don’t tear up my house. You know, I worked to get it.” Officer Moquin grabbed LaLonde by his ponytail and knocked him backwards to the ground. Moquin then straddled La-Londe and began to pin him down in order to handcuff him. LaLonde resisted and the two men got into a scuffle.

Officer Moquin then sprayed LaLonde’s face with oleoresin capsicum pepper spray. At that point, LaLonde’s resistance ceased. Officer Horton had now also entered the apartment and had begun helping his partner handcuff LaLonde. While performing the handcuffing, Officer Horton forcefully put his knee into LaLonde’s back, causing him significant pain.

The officers then let LaLonde sit on his couch and brought Jones in to sit with him. Officer Horton asked LaLonde and Jones where the rifle was kept. LaLonde said he kept a rifle in the kitchen. Officer Horton found an unloaded rifle on top of a shelf in the rear of the kitchen.

For twenty to thirty minutes, LaLonde sat on the couch with his hands handcuffed and the pepper spray burning his face. LaLonde testified “when my wrists started to really bother me bad, I said something about it.” LaLonde told the officers, “These handcuffs are too tight. They’re cutting off my circulation.” The officers told LaLonde if he would only hold still, he would be fine. LaLonde told the officers: “If I could hold still, I would, but the pepper spray was burning like hell.”6 La-Londe testified that the pepper spray felt “like having turpentine poured on you.” “The longer it sat on there, like the more it burned.... I felt like it was on fire.” LaLonde was visibly in pain.

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204 F.3d 947, 2000 Daily Journal DAR 2031, 2000 Cal. Daily Op. Serv. 1433, 2000 U.S. App. LEXIS 2778, 2000 WL 217552, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-louis-lalonde-v-county-of-riverside-robert-moquin-and-jason-horton-ca9-2000.