Montanez v. Carvajal

224 F. Supp. 3d 1274, 2016 U.S. Dist. LEXIS 174727, 2016 WL 7338507
CourtDistrict Court, M.D. Florida
DecidedDecember 19, 2016
DocketCase No: 6:15-cv-807-Orl-40DCI
StatusPublished

This text of 224 F. Supp. 3d 1274 (Montanez v. Carvajal) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Montanez v. Carvajal, 224 F. Supp. 3d 1274, 2016 U.S. Dist. LEXIS 174727, 2016 WL 7338507 (M.D. Fla. 2016).

Opinion

ORDER

PAUL G. BYRON, UNITED STATES DISTRICT JUDGE

Lillian was bewildered by the enormous discrepancy which existed between Jay’s models and what he painted. Together they would walk along the same Seine river, she would see it silky grey, sinuous and glittering, he would draw it opaque with fermented mud, and a shoal of wine bottle corks and weeds caught in the stagnant edges.
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Lillian was reminded of the talmwdic words: “We do not see things as they are, we see them as we are. 1

This civil rights case arises out of an enormous discrepancy between the perceptions of police officers and private citizens about the same conduct. What the citizens considered to be innocent, everyday activity, the officers interpreted as anything but. The Court is now called to determine on summary judgment whether those officers are immune from civil liability for how they responded to what they saw.

I. BACKGROUND

A. What Plaintiffs Saw

At the time of the events giving rise to this lawsuit, Plaintiffs, William Rivera (“Rivera”), Troy Copeland (“Copeland”), and Michael Montanez (“Montanez”), lived in a house together in Deland, Florida. (Rivera Dep. 46:6-8; Copeland Dep. 18:13-19:8). Rivera, Copeland, and Montanez also worked together for Montanez’s record label, where they created and promoted music. (Rivera Dep. 26:11-24, 46:19-47:13). To that end, the back of their house had been converted into a studio so the three could have a space dedicated solely to their music business. The studio was separated from the house’s main living area in such a way that Rivera, Copeland, and Montanez ordinarily accessed the studio through the backyard. (Id. at 44:18-45:19). As Rivera explains, anyone who wanted to enter the studio would first walk through the back door of the house into a small room referred to as a “safe room,” and then walk through a second door into the studio. (Id. at 56:7-57:12). Both the back door and the door between the safe room and the studio could be locked. (Id. at 56:20-57:4).

The morning of March 29, 2011, Rivera woke up and went about his day as usual. [1278]*1278(Id. at 48:4-15). He trekked across the street to the gas station to buy a sweet tea and a cup of ice, after which he returned home to make a sandwich. (Id. at 48:22-49:9). In the midst of preparing the sandwich, Rivera received a call from his cousin inviting him to visit New Jersey for the weekend. (Id. at 49:8-10). Excited, Rivera stopped what he was doing, shoved the kitchen knife he was using into the front pocket of his shorts, and stepped outside to get better reception. (Id. at 49:12-14, 55:5-14, 62:19-63:6). Rivera continued to talk with his cousin about the trip as he paced down the sidewalk in front of the house. (Id. at 63:7-12). The cousin then stated that he had to get off the phone, but would call Rivera back in a few minutes with more details. (Id. at 55:15-17).

Still teeming with excitement over the trip—this would be the first time in his life Rivera left Florida—Rivera decided to smoke a cigarette. (Id. at 49:10-11, 55:17-20). Since he left his pack of cigarettes in the studio, Rivera used a side street to walk from the front of the house to the back. (Id. at 55:20-21, 63:7-64:1). Rivera then entered the studio through the back door and retrieved his cigarettes. (Id. at 55:21-23, 64:23-25). Copeland was in the studio at the time working on a song, so he and Rivera started talking about Rivera’s upcoming trip to New Jersey. (Id. at 55:24-56:5, 62:11-13, 67:13-68:1; Copeland Dep. 19:14-25). Rivera and Copeland then exited the studio so Rivera could smoke. (Rivera Dep. 64:23-65:4; Copeland Dep. 19:14-20:6; Camera 1,11:22:13).2

As Rivera and Copeland continued to talk immediately outside the studio, they noticed a car drive by that they had never seen before. (Rivera Dep. 71:6-22; Copeland Dep. 20:11-14; Camera 2, 11:22:29-11:22:33). Copeland felt that there was something strange about the car, so he walked out to the street to see where it was headed. (Copeland Dep. 20:14-19; Camera 3, 11:22:55-11:23:08). Copeland reached the roadway in time to watch the car disappear around a corner. (Copeland Dep. 20:17-19). Thinking nothing of it, Copeland returned to his discussion with Rivera. (Copeland Dep. 20:19-22; Camera 3, 11:23:14-11:23:27). Moments later, the car came speeding down the street and screeched to a stop at the back of the house where Rivera and Copeland were standing. (Rivera Dep. 73:19-74:10; Camera 3, 11:23:47-11:23:56). A man then jumped out of the car with a gun drawn, rushed toward Rivera and Copeland, and demanded that they get on the ground. (Rivera Dep. 74:8-19; Copeland Dep. 20:23-21:22; Camera 3, 11:23:57-11:24:15). Not knowing who this man was and in fear for their lives, Rivera and Copeland complied. (Rivera Dep. 75:22-24; Copeland Dep. 23:2-10; Camera 1, 11:24:02-11:24:10).

It turned out that the man was an undercover police officer. After more officers arrived at the scene, Rivera and Copeland were placed in handcuffs, searched, and escorted to a patrol car. (Camera 1, 11:24:29-11:29:47). Although Rivera attempted to explain that they lived at the house, the officers left him and Copeland [1279]*1279in the back of the patrol car for two to three hours. (Rivera Dep. 51:22-52:20, 78:19-80:8). The officers later relocated Rivera and Copeland to the living room of the house where they were read their Miranda rights and briefly interrogated. (Raible Aff. Ex. P (video on file with the Court)). During the interrogation, Rivera and Copeland learned that the officers had obtained a search warrant and were in the process of searching the house. (Id.). Ultimately, Rivera was arrested on an outstanding child support warrant and Copeland was arrested for being in possession of a suspended driver’s license. (Raible Aff. ¶ 15).

B. What Defendants Saw

On March 29, 2011, Defendant, Todd Raible (“Officer Raible”), was on duty as a property crimes investigator for the Volu-sia County Sheriffs Office. (Raible Aff. ¶ 2). Around noon that day, Officer Raible was driving in an unmarked patrol car to the Sheriffs district office in Deland. (Rai-ble Dep. 8:24-9:3). Because the house in which Rivera, Copeland, and Montanez were living at the time was located near the district office, Officer Raible happened to pass the house on his way. (Id. at 9:4-11). As he drove by, Officer Raible “observed a white male, early 20s,... wearing jean shorts talking on the phone on the corner” in front of the house. (Id. at 10:4-8). Officer Raible noticed that there were no vehicles in the driveway and that the man appeared “anxious” and “hunched” as he spoke on the phone. (Id. at 10:8-9; Raible Aff. ¶ 8). Officer Raible watched as the man proceeded to walk down a side street toward the back of the house, where he then saw a second individual “huddling or hunched by the back door,” as if in a lookout position. (Raible Dep. 10:9-23; Raible Aff. ¶ 9). Knowing that there had been several recent daytime burglaries in the area, Officer Raible believed that the men were planning to commit a burglary. (Raible Dep. 10:10-15).

Officer Raible immediately broadcasted a burglary in progress over the radio and called for backup. (Id.

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Bluebook (online)
224 F. Supp. 3d 1274, 2016 U.S. Dist. LEXIS 174727, 2016 WL 7338507, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montanez-v-carvajal-flmd-2016.