Opinion

King v. Davis

Court
District Court, N.D. California
Filed
May 12, 2022
Cited by
0 cases
Authority
More cited than 18.8%

The opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

TRAVIS SCOTT KING, et al., Case No. 19-cv-07722-VC

Plaintiffs,

ORDER GRANTING MOTIONS FOR

v. SUMMARY JUDGMENT AND

DENYING MOTION TO SEAL

DEMICHAEL DEWS, et al.,

Re: Dkt. Nos. 73, 76, 86

Defendants.

The defendants’ motions for summary judgment are granted.

1. Based on the uncontroverted evidence in the summary judgment record, no Eighth

Amendment violation occurred. The evidence uniformly shows that an altercation between King

and the officers that began in King’s hospital room spilled into the hospital hallway. See, e.g.,

Schwaiger Decl., Ex. EE (hospital security video); Dkt. No. 85-1, at 252–54 (McFarland

deposition); Dkt. No. 85-1, at 297–98 (Munsell deposition). After following King into the

hallway, Sergeant Dews tackled him to the ground. Dkt. No. 85-1, at 195–99 (Dews deposition).

While Dews used his bodyweight to try to restrain King, Officers Nee and Tran secured King in

four-point restraints, an endeavor that took “a couple of minutes total.” Id. at 70–72 (Tran

deposition); id. at 467 (Nee deposition); see also Dkt. No. 73-1, at 7 (Dews declaration)

(handcuffs were secured “mid struggle or late struggle” to the best of Dews’ memory).

Throughout this time, and even after he was restrained, King continued to struggle, and Dews

and Tran, with some help from nearby hospital staff, continued to use their bodyweight to

restrain him. See, e.g., Dkt. No. 73-1, at 7 (Dews declaration); Dkt. No. 74, at 99 (Tays

deposition); Dkt. No. 85-1, at 538 (Dittmar deposition); Dkt. No. 85-1, at 260–61 (McFarland

deposition).

A doctor on the hospital’s rapid response team was called to the scene and prescribed an

antipsychotic medication to calm King down. Dkt. No. 85-1, at 538 (Dittmar deposition); Dkt.

No. 74, at 214–15 (McFarland deposition). After the injection was administered, King stopped

struggling, and everyone involved in the physical restraint released their hold on him. Dkt. No.

73-1, at 8 (Dews declaration); Dkt. No. 74, at 240 (Bondurant deposition). Only after this

occurred did a nurse raise a concern that King was not breathing. Henkels Decl., Exs. B & D

(body-cam footage). Until that time, no one in the crowd of medical personnel observing the

events had expressed concerns about King’s medical condition. According to video footage, the

incident in the hallway lasted a little more than nine minutes. See Henkels Decl., Ex. G (hospital

security video).1

“Where a prison security measure is undertaken to resolve a disturbance[] . . . that

indisputably poses significant risks to the safety of inmates and prison staff,” the force a prison

official uses does not violate the Eighth Amendment when it is “applied in a good faith effort to

maintain or restore discipline” rather than “‘maliciously and sadistically for the very purpose of

causing harm.” Whitley v. Albers, 475 U.S. 312, 320–21 (1986) (internal quotations omitted); see

also Johnson v. Lewis, 217 F.3d 726, 733 (9th Cir. 2000). King’s escape from his room to the

hospital hallway was indisputably a disturbance that posed a significant risk to the medical

personnel, patients, and guests on the hospital floor, the officers, and King himself. The situation

remained volatile even after he was secured in four-point restraints. He continued to struggle, so

much so that hospital employees helped the officers hold him down and a hospital doctor

eventually prescribed an antipsychotic medication to calm him. Once the sedative was

administered and King stopped struggling, the officers took their weight off him. Prior to that

time, there is no indication they did anything beyond what was necessary to restore order and

1 Nurse McFarland testified that people were still restraining King when she raised concerns that

he was not breathing. See Dkt. No. 85-1, at 263 (McFarland deposition). This is directly

contradicted by the video evidence and therefore creates no genuine dispute.

ensure the safety of staff and patients. No reasonable juror could infer, from the evidence

presented at summary judgment, the kind of malicious intent necessary to find an Eighth

Amendment violation in an emergency situation like this.2

The closest King comes to creating a genuine dispute of material fact is with the

deposition testimony of Standridge, a hospital security guard. Standridge testified that King was

“pretty much . . . under control” by the time he arrived. Dkt. 85-1, at 510. When he joined the

officers in restraining King, he testified that King’s arm was making “slow movements,” not

“sudden jerks.” Id. at 506–07. Standridge never saw King try to hit or kick anyone in the

hallway, lift himself off the ground, or “aggressively try[] to get free from the hold of the

officers.” Id. at 507–08. Consistent with this testimony, King contends that there is a difference

between struggling to resist and struggling to breathe and that he was doing the latter.

But even Standridge’s testimony does not create a genuine dispute of material fact. For

one, Standridge’s testimony is vague as to time; it is unclear at what point Standridge joined the

fray and how long he assisted in the restraint of King. But more importantly (and alone

sufficient), even Standridge admits the material point summary judgment turns on: King

continued to struggle after he was secured in four-point restraints. In the midst of a chaotic

situation, the officers had to make decisions “in haste, under pressure, and frequently without the

luxury of a second chance.” Whitley, 475 U.S. at 320. Given the nature of the threat to the public,

the officers were permitted to continue applying force for as long as King continued to struggle.

Id.3

2 King contends that the deliberate indifference standard should govern his claim because there

was no longer an emergency after he was secured in four-point restraints. See Johnson, 217 F.3d

at 733–34 (explaining how the Eighth Amendment inquiry differs in a situation where exigent

circumstances do not exist). But the record makes clear that the exigency persisted for as long as

King continued to struggle in the middle of the hospital hallway surrounded by members of the

public. Even applying the deliberate indifference standard, however, there was no Eighth

Amendment violation as a matter of law (and the defendants would be entitled to qualified

immunity if there was).

3 For the same reasons, King has not created a genuine dispute of material fact that the officers’

conduct shocked the conscience, thereby violating the Fourteenth Amendment (or the First

Amendment, as King alternatively alleges).

2. Even if the evidence supported King’s characterization of the facts—that after he was

placed in four-point restraints, his continued movement reflected a struggle to breathe rather than

ongoing resistance—the officers would be entitled to qualified immunity.

The contours of the Eighth Amendment right in these circumstances are not clearly

established. King has not pointed to a case finding an Eighth Amendment violation on facts

resembling these. The cases he relies upon discuss violations of the Fourth Amendment. See

Lombardo v. City of St. Louis, 141 S. Ct. 2239, 2240–41 (2021); Drummond ex rel. Drummond

v. City of Anaheim, 343 F.3d 1052, 1053–54 (9th Cir. 2003); Greer v. City of Hayward, 229 F.

Supp. 3d 1091, 1094 (N.D. Cal. 2017). But the Eighth Amendment standard governing the

conduct of a prison official responding to a safety threat is very different. Whitley, 475 U.S. at

319.4

King need not identify a comparable case if the constitutional violation was so obvious

that any reasonable officer would have known they were committing it. See Kisela v. Hughes,

138 S. Ct. 1148, 1153 (2018). But here, it was not obvious that the officers needed to stop their

bodyweight restraint of King earlier than they did. Until the injection was administered, King

continued to struggle. At that time, he was still located in the hallway of a public hospital,

surrounded by medical personnel and, presumably, members of the public. And a reasonable

officer in that situation could have interpreted his struggling as continued resistance, especially

given that none of the observing doctors or nurses raised concerns about King’s medical

condition until the officers released their bodyweight restraint. In such circumstances, the

officers are entitled to qualified immunity.5

* * *

Dews’ objection to the jail call between King and his sister on relevance grounds is

4 While Greer also discusses a Fourteenth Amendment claim, it does so primarily under the

deliberate indifference standard. See 229 F. Supp. 3d at 1108. The discussion of the purpose-to-

harm standard is cursory and not alone sufficient to put any reasonable officer on notice that the

conduct here was unlawful.

5 For the same reasons, King has not shown that the officers are not entitled to qualified

immunity on his First and Fourteenth Amendment claims.

denied. King’s motion to seal is also denied without prejudice. It is not enough to state that the

documents sought to be sealed are subject to the stipulated protective order. The motion must

explain why there is a compelling reason that the information should be rendered inaccessible to

the public. See Center for Auto Safety v. Chrysler Group, LLC, 809 F.3d 1092, 1096 (9th Cir.

2016). Within 7 days, King must file either a renewed motion explaining why that standard is

satisfied here or the unredacted documents on the docket.

IT IS SO ORDERED.

Dated: May 12, 2022 Loo. -

VINCE CHHABRIA

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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