Mendez v. City of Gardena

222 F. Supp. 3d 782, 2015 U.S. Dist. LEXIS 189253, 2015 WL 13239550
CourtDistrict Court, C.D. California
DecidedJuly 14, 2015
DocketCASE NO. 2:13-cv-09042-SVW-AJW
StatusPublished
Cited by3 cases

This text of 222 F. Supp. 3d 782 (Mendez v. City of Gardena) is published on Counsel Stack Legal Research, covering District Court, C.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mendez v. City of Gardena, 222 F. Supp. 3d 782, 2015 U.S. Dist. LEXIS 189253, 2015 WL 13239550 (C.D. Cal. 2015).

Opinion

ORDER GRANTING NON-PARTY MEDIA ORGANIZATIONS’ MOTION TO INTERVENE AND UNSEAL DOCUMENTS

STEPHEN V. WILSON, United States District Judge

I. INTRODUCTION

Tins civil rights action arose when police officers’ detention of suspected bicycle thieves turned into a shooting spree—resulting in several injuries and the death of one plaintiff.

[785]*785Presently before the Court is a motion filed by non-party media' organizations Los Angeles Times Communications LLC, The Associated Press, and Bloomberg, L.P. (collectively, “Media Organizations”) to intervene for the limited purpose of requesting the unsealing of video footage submitted by the parties in connection with a motion for summary judgment. (Dkt. 248.) The Media Organizations move to unseal the subject video footage on First Amendment grounds, asserting the public’s interest in accessing this footage.

The motion at bar requires the Court to decide whether to unseal video footage taken by police officers’ car cameras—thus granting non-party media organizations and the public access to footage of the shooting and surrounding events. This issue arises against a backdrop of tension and heightened scrutiny in the wake of several widely publicized and controversial uses of force by the police. There is currently an intense public debate about police officers’ use of force and public oversight thereof. The Court is sensitive to the valid concerns raised by both sides of this debate. Nevertheless, it is not the function of the judiciary to decide political issues. Instead, this Court is bound to apply the laws enacted by the legislature and expounded by the higher Courts. As discussed below, while the political issues may be murky, the law here is clear. For the reasons discussed below, the Court GRANTS the Media Organizations’ motion to intervene and unseal the video footage.

II. BACKGROUND

A. Facts1

According to Plaintiffs: On June 2, 2013, Agustín Dejesus Reynoso’s (“Reynoso”) bicycle was stolen from a CVS Store. (Dkt. 214: Pis.’ Opp., 2.) A security guard called 911 and reported that a customer’s bicycle had been stolen by two men. (Id. at 3.) Reynoso called his brother, plaintiff Zefer-ino, either to see if he had taken the bicycle or to tell him it was stolen. (Id.) Reynoso waited at the CVS for the police to respond while Zeferino, Mendez, and Amado returned home—Mendez and Amado on their bicycles, with Zeferino behind them on foot. (Id.)

Cuff encountered Mendez and Amado on Redondo Beach Boulevard. (Id. at 3-4.) Cuff detained Mendez and Amado. (Id. at 4-5.) Zeferino approached the group while Cuff detained Mendez and Amado. (Id.) Plaintiffs claim that Zeferino told Cuff that Mendez and Amado were not the “right guys.” (Id. at 5.)

Two more police cars, carrying Officers Mendez, Toda, and Sanderson, pulled up to the scene. (Id.) The three officers emerged from their cars, and each officer pointed his gun at the three Plaintiffs. (Id.) Plaintiffs allege that Mendez and Amado were standing with their hands over their head when police officers opened fire. (Id. at 6.) They further allege that Zeferino was holding his hat in one hand and was displaying the open palm of his other hand when police fired. (Id. at 7-8.) Three of the four police officers on the scene (all except Cuff) fired their weapons. (Id.) Plaintiffs assert that the shooting was unjustified and wrongful. Both Zeferino and Mendez sustained gunshot wounds. (Id. at 1-2.) Zeferino ultimately died from his wounds. (Id. at 1.)

According to Defendants: When the CVS security guard called 911, the dis[786]*786patch operator issued a three alert tone followed by a dispatch to Cuff of a robbery that had occurred 15 minutes prior. (Dkt. 152: Defs.’ Mem. P. & A., at 1.) The three alert tone purportedly indicated that a high priority call was in progress that needed immediate attention. (Id.) Cuff claims that he responded to the dispatch and almost immediately saw two men traveling on bicycles on the same direction on the same road that the dispatch said the suspects were last seen traveling. (Id. at 1-2.) Cuff asserts that he detained Mendez and Amado, re-entered his car to turn on his video recorder and lights, and then heard Dispatch give a physical description of the suspects (which was somewhat consistent with Mendez and Amado). (Id. at 2.) Cuff told Dispatch that he had the suspects, and emerged from his vehicle with his gun drawn. (Id.)

Defendants allege that Cuff gave Amado and Mendez instructions in Spanish and English, but that the two men were only partially compliant. (Id.) Defendants assert that Zeferino approached the group within 90 seconds of Cuff detaining Amado and Mendez, and that Zeferino failed to comply with Cuffs orders to raise his hands. (Id. at 2-3.) Defendants assert that the other three officers arrived on the scene 60-90 seconds thereafter. (Id. at 3.) The officers assert that Zeferino refused to comply with orders to raise his hands and took two “threatening” steps toward Cuff. (Id. at 3.) They claim that Zeferino removed his hat from his head and swung his right hand to his waist, causing them each to fear for their safety and thus to fire their weapons at Zeferino. (Id. at 3-4.) They assert that Mendez was shot accidentally. (Id. at 3.)

B. Procedural History

On August 7, 2014, plaintiffs Eutiquio Acevedo Mendez (“Mendez”), Ricardo Diaz Zeferino (“Zeferino”), Jose Amado Garcia (“Garcia”), Juan Jesus Diaz (“Diaz”), and Bonifacia M. Zeferino (“Bonifacia”) filed their First Amended Complaint (“FAC”) against defendants City of Gardena, Gardena Police Department (“GPD”), Chief Edward Medrano (“Medrano”), Sgt. Christopher Calvin Cuff (“Cuff’), Officer Christopher Anthony Mendez, Officer Christopher Andrew Sanderson (“Sander-son”), and Matthew Steven-Fong Toda (“Toda”). (Dkt. 1.) The FAC asserts claims for (1) excessive force in violation of 42 U.S.C. § 1983; (2) “Supervisor Liability Causing Constitutional Violations”; (3) unconstitutional “Custom, Policy or Practice” in violation of § 1983; (4) “Assault, Battery and Wrongful Death”; (5) “False Arrest/False Imprisonment”; (6) negligence; and (7) violation of California Constitution Article 1, Section 13. (Dkt. 58.)

Discovery disputes arose early in this case and were extensively litigated. On February 17, 2014, Defendants sent Plaintiffs a proposed joint stipulation to stay proceedings pending completion of the Los Angeles Count District Attorney’s Investigation. See (Dkt. 20-1: Joint Stipulation, at 5.) On February 21, 2014, Defendants represented that when they produced the “homicide book,” they would seek a protective order because some of the documents therein were confidential. (Id.) Defendants suggested that the parties work on a joint stipulation for a protective order. (Id.) Plaintiffs allegedly “did not agree that the documents are ‘confidential,’ nor did they agree to a blanket protective order,” but nonetheless cooperated so as to obtain documents and information—including the shooting officers’ identities. (Id. at 5-7.)

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Bluebook (online)
222 F. Supp. 3d 782, 2015 U.S. Dist. LEXIS 189253, 2015 WL 13239550, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mendez-v-city-of-gardena-cacd-2015.