Penilla v. City of Huntington Park

115 F.3d 707, 97 Daily Journal DAR 7173, 97 Cal. Daily Op. Serv. 4285, 1997 U.S. App. LEXIS 13181, 1997 WL 298389
CourtCourt of Appeals for the Ninth Circuit
DecidedJune 6, 1997
DocketNo. 95-56254
StatusPublished
Cited by100 cases

This text of 115 F.3d 707 (Penilla v. City of Huntington Park) 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
Penilla v. City of Huntington Park, 115 F.3d 707, 97 Daily Journal DAR 7173, 97 Cal. Daily Op. Serv. 4285, 1997 U.S. App. LEXIS 13181, 1997 WL 298389 (9th Cir. 1997).

Opinion

OPINION

PER CURIAM.

In the late morning of May 15, 1994 Juan Penilla (“Penilla”) was on the porch of his home in Huntington Park, California.1 He became seriously ill. His neighbors and a passerby called 911 for emergency medical services, and attempted to assist Penilla until emergency services arrived. Huntington Park Police Officers Settles and Tua arrived first. The officers examined Penilla, found him to be in grave need of medical care, cancelled the request for paramedics, broke the lock and door jamb on the front door of Penilla’s residence, moved him inside the house, locked the door, and left at approximately 11:30 a.m. The next day, family members found Penilla dead on the floor inside the house. He died as a result of respiratory failure.

One year later, Maria Penilla, the decedent’s mother, Michael Penilla, the decedent’s brother, and decedent’s estate brought an action against the City of Huntington Park, its police department, its chief of police, and officers Settles and Tua (“the officers”) alleging violations of 42 U.S.C. § 1983 and pendent state tort claims.2 Officers Settles and Tua appeal the district court’s denial of their Fed.R.Civ.P. Rule 12(b)(6) motion for dismissal on the basis of qualified immunity. Because immunity is an entitlement to immunity from suit, rather than a defense to liability, its denial is immediately appealable. Mitchell v. Forsyth, 472 U.S. 511, 105 S.Ct. [709]*7092806, 86 L.Ed.2d 411 (1986). We have jurisdiction, 28 U.S.C. § 1291, and we affirm.

We review a district court’s decision on qualified immunity in a 42 U.S.C. § 1983 action de novo. Elder v. Holloway, 510 U.S. 510, 516, 114 S.Ct. 1019, 1023, 127 L.Ed.2d 344 (1994). The Supreme Court’s grant of appellate jurisdiction under Mitchell is narrow. Because the officers have moved for qualified immunity on a motion to dismiss, we decide only whether defendants’ alleged conduct violated clearly established constitutional rights. Todd v. United States, 849 F.2d 365, 369 (9th Cir.1988). Thus, following Mitchell and Todd we confine our review to the qualified immunity issue.

In order to be entitled to qualified immunity, the officers must show that their discretionary conduct did not violate any clearly established rights of which a reasonable person should have known. Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 2738, 73 L.Ed.2d 396 (1982). A public official is not entitled to qualified immunity when the contours of the right are sufficiently clear that a reasonable official would understand that what he is doing violates that right. Anderson v. Creighton, 483 U.S. 635, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987); Allen v. Sakai, 48 F.3d 1082, 1087 (9th Cir.1994).

On appeal we do not determine the merits of appellees’ claim that the officers’ conduct actually violated clearly established statutory or constitutional rights. Mitchell, 472 U.S. at 528-29, 105 S.Ct. at 2816-17. “All [we] need determine is a question of law: whether the legal norms, allegedly violated by the defendant were clearly established at the time of the challenged actions....” Id. at 528, 105 S.Ct. at 2816. The officers are entitled to dismissal on the basis of qualified immunity only if, viewing the facts in the light most favorable to appellees, the facts as alleged do not support a claim that they violated clearly established law. Id. at 528, n. 9, 105 S.Ct. at 2816, n. 9.

The officers argue that they are entitled to qualified immunity because there is no clearly established constitutional right to emergency medical care for persons not in custody and because there is no clearly established constitutional requirement that police officers must obtain a warrant before “helping a collapsed man off of his front porch and into his home.” We disagree with their characterization of the rights involved.

I. Violation of Penilla’s Fourteenth Amendment Rights

Appellees’ first cause of action alleges a Fourteenth Amendment violation, the deprivation of Penilla’s life without due process of law. The officers assert that they owed Pen-ilia no constitutional duty to provide medical care and that even if they did owe him such a duty, they did not cause his death.

Although the 14th Amendment does not generally require police officers to provide medical assistance to private citizens, DeShaney v. Winnebago County Dept. of Social Services, 489 U.S. 189, 197, 109 S.Ct. 998, 1004, 103 L.Ed.2d 249 (1989) (holding that the due process clause does not generally confer affirmative rights to governmental aid, even where such aid may be necessary to secure life), when a state officer’s conduct places a person in peril in deliberate indifference to their safety, that conduct creates a constitutional claim. See L.W. v. Grubbs, 974 F.2d 119 (9th Cir.1992), cert. denied, 508 U.S. 951, 113 S.Ct. 2442, 124 L.Ed.2d 660 (1993) (concluding a valid section 1983 claim existed against a supervisor at a state facility who placed plaintiff in danger by assigning her to work with an inmate sex offender who had a history of violent assaults against women; he subsequently raped and kidnapped her); Wood v. Ostrander, 879 F.2d 583 (9th Cir.1989), cert. denied, 498 U.S. 938, 111 S.Ct. 341, 112 L.Ed.2d 305 (1990) (concluding that a valid section 1983 claim existed against a state police officer who caused a woman to be stranded in a high-crime area at night where she was subsequently raped).

Appellees do not allege that these officers attempted, but failed, to rescue Penilla, or even that they should have, but did not, attempt to rescue him. Their allegation is that the officers placed Penilla in danger in deliberate indifference to his medical needs.

The officers attempt to characterize this case as similar to situations in which § 1983 [710]*710liability has been rejected for police officers’ and firefighters’ conduct during failed rescues or in situations where they did not affirmatively cause harm. See, e.g., Jackson v. Byrne, 738 F.2d 1443, 1448 (7th Cir.1984) (firefighters not hable for death of children during firefighters’ strike); Bradberry v. Pinellas County, 789 F.2d

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
115 F.3d 707, 97 Daily Journal DAR 7173, 97 Cal. Daily Op. Serv. 4285, 1997 U.S. App. LEXIS 13181, 1997 WL 298389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/penilla-v-city-of-huntington-park-ca9-1997.