Opinion

Stroud v. Gore

Court
District Court, S.D. California
Filed
Sep 22, 2022
Cited by
0 cases
Authority
More cited than 19.2%

The opinion

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7 UNITED STATES DISTRICT COURT

8 SOUTHERN DISTRICT OF CALIFORNIA

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10 WILLARD RICHARD STROUD, JR., Case No.: 18-CV-515 JLS (MDD)

11 Plaintiff,

ORDER GRANTING DEFENDANTS’

12 SUPPLEMENTAL MOTION FOR

SUMMARY JUDGMENT

13 v.

14 (ECF No. 109)

15 SHERIFF WILLIAM D. GORE, et al.,

16 Defendants.

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18 Presently before the Court is Defendants Sergeant Paul Michalke, Detective

19 Benjamin Shea, and Detective Jesus Lizarraga’s (collectively, the “Deputy Defendants”)

20 Supplemental Motion for Summary Judgment or, in the Alternative, Partial Summary

21 Judgment (“Mot.,” ECF No. 109). Plaintiff Willard Richard Stroud, Jr., appearing pro se,

22 did not file an opposition to the instant motion; however, he did oppose the Deputy

23 Defendants’ original Motion for Summary Judgment (“MSJ,” ECF No. 86) and argued

24 against the Court granting summary judgment in favor of the Deputy Defendants on his

25 false arrest claim. See generally ECF No. 101 (“Opp’n”). The Court vacated the hearing

26 and took the Motion under submission without oral argument pursuant to Civil Local Rule

27 7.1(d)(1). See ECF No. 105. Having considered the Parties’ arguments, the evidence, and

28 the law, the Court GRANTS the Deputy Defendants’ Motion for the reasons that follow.

1 BACKGROUND

2 Given the Parties’ and this Court’s familiarity with the facts of this case, the Court

3 incorporates by reference the Background section from the Court’s March 21, 2022 Order.

4 See ECF No. 105 (“Order”) at 2–11. Thus, the Court will set forth only the relevant facts

5 and background that were unavailable or unknown at the time the Order issued.

6 On May 19, 2021, the Deputy Defendants filed their MSJ. See MSJ. In his

7 Opposition, Plaintiff disputed that the Deputy Defendants were entitled to summary

8 judgment as to his false arrest claim. See Opp’n at 13–24. In their Reply, the Deputy

9 Defendants argued that Plaintiff did not assert a claim for false arrest. See ECF No. 103

10 (“Reply”) at 3–5. The Court found that, while Plaintiff’s pro se Third Amended Complaint

11 (“TAC,” ECF No. 63) is not a model of clarity, it did purport to state a claim for

12 “Unreasonable Seizure of Person.” Order at 26. Given the reasonable “confusion as to the

13 scope of Plaintiff’s first cause of action,” however, the Court granted the Deputy

14 Defendants leave to file a supplemental motion for summary judgment on this limited

15 ground. Id. at 27 n.8. The instant Motion followed.

16 The Deputy Defendants’ Motion incorporates by reference the factual background

17 from their MSJ, see Mot. at 1–2, and largely relies on the evidence provided in support of

18 the MSJ, see generally id. The Declaration of Defendant Sergeant Paul Michalke in

19 Support of Supplemental Motion for Summary Judgment (“Supp. Michalke Decl.,” ECF

20 No. 109-1) provides some additional evidentiary support concerning the March 12, 2016

21 enforcement operation in the form of an apparently contemporaneous “Operational Plan.”

22 See Supp. Michalke Decl. ¶ 5; see also id. Ex. A (“Operational Plan”). Sergeant Michalke

23 also declares that “[he] was not involved in the decision to place Plaintiff under arrest.

24 [He] was initially involved in the decision to detain Plaintiff after he attempted to walk

25 away from [the deputies]. However, within seconds Deputy Shea and Deputy Lizarraga

26 took over the contact for [Sergeant Michalke],” at which point “[Sergeant Michalke]

27 focused [his] attention on other people in the parking lot.” Id. ¶ 6.

28 / / /

1 LEGAL STANDARDS

2 I. Summary Judgment

3 Under Federal Rule of Civil Procedure 56(a), a party may move for summary

4 judgment as to a claim or defense or part of a claim or defense. Summary judgment is

5 appropriate where the Court is satisfied that there is “no genuine dispute as to any material

6 fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a);

7 Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). Material facts are those that may affect

8 the outcome of the case. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). A

9 genuine dispute of material fact exists only if “the evidence is such that a reasonable jury

10 could return a verdict for the nonmoving party.” Id. When the Court considers the

11 evidence presented by the parties, “[t]he evidence of the non-movant is to be believed, and

12 all justifiable inferences are to be drawn in his favor.” Id. at 255.

13 The initial burden of establishing the absence of a genuine issue of material fact falls

14 on the moving party. Celotex, 477 U.S. at 323. The moving party may meet this burden

15 by identifying the “portions of ‘the pleadings, depositions, answers to interrogatories, and

16 admissions on file, together with the affidavits, if any,’” that show an absence of dispute

17 regarding a material fact. Id. Once the moving party satisfies this initial burden, the

18 nonmoving party must identify specific facts showing that there is a genuine dispute for

19 trial. Id. at 324. This requires “more than simply show[ing] that there is some doubt as to

20 the material facts.” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586

21 (1986). Rather, to survive summary judgment, the nonmoving party must “by her own

22 affidavits, or by the ‘depositions, answers to interrogatories, and admissions on file,’

23 designate ‘specific facts’” that would allow a reasonable fact finder to return a verdict for

24 the non-moving party. Celotex, 477 U.S. at 324; Anderson, 477 U.S. at 248. The non-

25 moving party cannot oppose a properly supported summary judgment motion by “rest[ing]

26 on mere allegations or denials of his pleadings.” Anderson, 477 U.S. at 256.

27 / / /

28 / / /

1 II. Qualified Immunity

2 “In determining whether an officer is entitled to qualified immunity, [courts]

3 consider (1) whether there has been a violation of a constitutional right, and (2) whether

4 that right was clearly established at the time of the officer’s alleged misconduct.” Lal v.

5 California, 746 F.3d 1112, 1116 (9th Cir. 2014) (citing Pearson v. Callahan, 555 U.S. 223,

6 232 (2009)). Courts may “exercise sound discretion in deciding which of the two prongs

7 of the qualified immunity analysis should be addressed first in light of the circumstances

8 in the particular case at hand.” Pearson, 555 U.S. at 236. If either prong is dispositive, the

9 court need not analyze the other prong. See id. at 236–37.

10 A right is clearly established if the law was “sufficiently clear that every reasonable

11 official would understand that what he is doing” is unlawful. District of Columbia v.

12 Wesby, 138 S. Ct. 577, 589 (2018) (quoting Ashcroft v. al-Kidd, 563 U.S. 731, 741 (2011))

13 (internal quotation marks omitted). “We do not require a case directly on point, but existing

14 precedent must have placed the statutory or constitutional question beyond debate.”

15 al-Kidd, 563 U.S. at 741. “Except in the rare case of an ‘obvious’ instance of constitutional

16 misconduct,” a plaintiff must identify a controlling case existing at the time of the incident

17 where an officer acting under similar circumstances as the defendants was held to have

18 violated the constitutional right at issue. See Sharp v. Cnty. of Orange, 871 F.3d 901, 911

19 (9th Cir. 2017) (quoting White v. Pauly, 137 S. Ct. 548, 552 (2017)). The Ninth Circuit

20 has held that “the ‘obviousness principle, an exception to the specific-case requirement, is

21 especially problematic in the Fourth-Amendment context,’” and “thus has ‘real limits when

22 it comes to the Fourth Amendment.’” O’Doan v. Sanford, 991 F.3d 1027, 1044 (9th Cir.

23 2021) (quoting Sharp, 871 F.3d at 912).

24 ANALYSIS

25 The Deputy Defendants argue that they “are immune from liability for the arrest of

26 Plaintiff . . . for violating California Penal Code section (“PC”) 148(a)(1) (resisting arrest).”

27 Mot. at 1. First, they argue that “the undisputed facts . . . show that [Sergeant Michalke]

28 had no involvement in the decision to arrest Plaintiff,” and accordingly he is entitled to

1 summary judgment in his favor on this claim. Id. Second, as to Deputies Shea and

2 Lizarraga, they claim that “[they] reasonably believed that Plaintiff was obstructing their

3 ability to lawfully perform their duties in searching as many visitors as possible before

4 entering the George Bailey Detention Facility (“GBDF”).” Id. Because “no case law

5 placed the Deputy Defendants on notice that Plaintiff’s arrest, after he refused to cooperate

6 in a lawful administrative search while on detention facility grounds, was not reasonable,”

7 they are entitled to qualified immunity. Id.

8 The Court addresses each argument in turn.

9 I. Sergeant Michalke

10 As an initial matter, the Deputy Defendants contend that Sergeant Michalke was not

11 personally involved in the decision to place Plaintiff under arrest; accordingly, he cannot

12 be liable for Plaintiff’s allegedly unlawful arrest. Mot. at 8. The Court previously found

13 that Plaintiff failed to raise an issue of material fact as to Sergeant Michalke’s personal

14 participation in Plaintiff’s arrest. See Order at 28. Although Sergeant Michalke grabbed

15 Plaintiff’s arm to escort him to a nearby vehicle to effectuate the search of his person,

16 Deputy Shea took over for him “[w]ithin seconds.” Declaration of Defendant Sergeant

17 Paul Michalke (“Michalke Decl.,” ECF No. 86-2) ¶ 9. Sergeant Michalke had no further

18 involvement in the detention and eventual arrest of Plaintiff, instead “focus[ing] his

19 attention on other people in the parking lot . . . to prevent any other potential threats to [the

20 deputies’] safety and to direct other visitors away from the area.” Supp. Michalke Decl.

21 ¶ 6. Plaintiff presents no evidence to the contrary. See generally Opp’n. Accordingly, the

22 Court finds that, as a matter of law, Sergeant Michalke is not liable for false arrest based

23 on his personal participation in Plaintiff’s arrest.

24 Moreover, to the extent that Plaintiff seeks to hold Sergeant Michalke liable based

25 on his failure to intercede in Plaintiff’s arrest by others, the Deputy Defendants argue that

26 no case law at the time of the complained of acts established when an officer has a realistic

27 opportunity to intercede. Mot. at 10 (citing Penaloza v. City of Rialto, 836 F. App’x 547,

28 549 (9th Cir. 2020)). The Court agrees that, to the extent Plaintiff asserts an unlawful arrest

1 claim against Sergeant Michalke for failure to intercede, Sergeant Michalke is entitled to

2 qualified immunity. Accordingly, the Court GRANTS the Deputy Defendants’ Motion as

3 to Sergeant Michalke.

4 II. Deputies Shea and Lizarraga

5 A. Constitutional Violation: Unlawful Arrest

6 “In order to satisfy the requirements of the Fourth Amendment, an arrest must be

7 supported by probable cause to believe that the arrestee has committed a crime.” Allen v.

8 City of Portland, 73 F.3d 232, 236 (9th Cir. 1995), as amended (Jan. 17, 1996) (citing

9 Henry v. United States, 361 U.S. 98, 102 (1959)). “In determining whether there was

10 probable cause to arrest, we look to ‘the totality of circumstances known to the arresting

11 officers, [to determine if] a prudent person would have concluded there was a fair

12 probability that [the defendant] had committed a crime.’” Crowe v. Cnty. of San Diego,

13 608 F.3d 406, 432 (9th Cir. 2010) (citing United States v. Smith, 790 F.2d 789, 792 (9th

14 Cir. 1986)). “The analysis involves both facts and law. The facts are those that were

15 known to the officer at the time of the arrest. The law is the criminal statute to which those

16 facts apply.” Rosenbaum v. Washoe Cnty., 663 F.3d 1071, 1076 (9th Cir. 2011). “‘[I]n a

17 § 1983 action the factual matters underlying the judgment of reasonableness generally

18 mean that probable cause is a question for the jury, and summary judgment is appropriate

19 only if no reasonable jury could find that the officers did or did not have probable cause to

20 arrest.’” Orr v. Cal. Highway Patrol, No. CIV. 2:14-585 WBS, 2015 WL 848553, at *5

21 (E.D. Cal. Feb. 26, 2015) (quoting McKenzie v. Lamb, 738 F.2d 1005, 1008 (9th Cir.

22 1984)).

23 Plaintiff was arrested for resisting or obstructing an officer in violation of PC

24 148(a)(1).1 Defendants’ Statement of Undisputed Facts in Support of Motion for Summary

25 Judgment (“SUF,” ECF No. 86-7) ¶ 30. “The elements of the asserted crime . . . are: ‘(1)

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27 1 The Deputy Defendants’ Motion does not argue that the Deputy Defendants are entitled to summary

28 judgment to the extent Plaintiff was also arrested for public intoxication in violation of California Penal

1 the defendant willfully resisted, delayed, or obstructed a peace officer, (2) when the officer

2 was engaged in the performance of his or her duties, and (3) the defendant knew or

3 reasonably should have known that the other person was a peace officer engaged in the

4 performance of his or her duties.’” Velazquez v. City of Long Beach, 793 F.3d 1010, 1018

5 (9th Cir. 2015) (quoting Garcia v. Superior Court, 177 Cal. App. 4th 803, 818 (2009)).

6 “Notably, ‘[f]or a § 148(a)(1) conviction to be valid, a criminal defendant must have

7 “resist[ed], delay[ed], or obstruct[ed]” a police officer in the lawful exercise of his duties.’”

8 Id. (quoting Smith v. City of Hemet, 394 F.3d 689, 695 (9th Cir. 2005) (en banc) (alterations

9 and emphasis in original)). “[F]or the purposes of Section 148(a), ‘an officer is not lawfully

10 performing her duties when she detains an individual without reasonable suspicion or

11 arrests an individual without probable cause.’” Id. at 1019 (quoting Garcia, 177 Cal. App.

12 4th at 819).

13 Here, the Deputy Defendants contend that they had probable cause to arrest Plaintiff

14 for violating PC 148(a)(1) because they could have reasonably believed that Plaintiff

15 obstructed their enforcement operation on the detention facility grounds. Mot. at 5. The

16 Deputy Defendants concede that “Plaintiff’s refusal to cooperate with the Deputy

17 Defendants[] may not have risen to the level of probable cause for an arrest under PC 148

18 in a public area,” id. at 6; however, they argue that, because Plaintiff was on the grounds

19 of a secure detention facility, the Deputy Defendants reasonably believed there was

20 probable cause to arrest Plaintiff for obstructing their administrative search to intercept

21 contraband, see id.

22 Specifically, the Deputy Defendants contend that Sheriff’s Deputies previously had

23 identified a problem with contraband entering GBDF and, on the day in question, the

24 Detentions Investigation Unit was conducting a lawful enforcement operation in the GBDF

25 parking lot, seeking to contact as many visitors as possible before they entered the facility’s

26 lobby to ensure they were not in possession of contraband. Mot. at 6 (citing SUF ¶¶ 5–8;

27 Supp. Michalke Decl. Ex. A). During the enforcement operation, deputies were also

28 checking that visitors did not have prior prison sentences that would preclude their visit

1 pursuant to California Penal Code § 4571. SUF ¶ 8. During the incident, the Deputy

2 Defendants were wearing vests that clearly identified them as Sheriff’s Deputies, and

3 Plaintiff was aware of the Deputy Defendants’ affiliation. Mot. at 6 (citing SUF ¶ 6). Upon

4 questioning by the Deputy Defendants, Plaintiff disclosed that he had a criminal history of

5 “street crimes.” Id. (citing SUF ¶ 14). Further, Plaintiff admits that he stated he did not

6 wish to be searched. Id. (citing SUF ¶¶ 15–16). The Deputy Defendants contend that

7 “most visitors were willing to cooperate with the operation”; “[t]hus, Plaintiff’s actions

8 were abnormal.” Id. at 7 (citing SUF ¶ 17). Plaintiff’s refusal to submit to a search “was

9 especially odd considering that multiple signs warned Plaintiff that he would be subject to

10 search upon entering the parking lot.” Id. (citing SUF ¶ 4). “Regardless of whether

11 Plaintiff was actually carrying contraband into the facility, his reaction to the deputies

12 prevented Deputies Shea and Lizarraga from being able to apprehend potential contraband,

13 thereby delaying and obstructing a lawful operation.” Id. “Consequently, it was reasonable

14 for Deputies Shea and Lizarraga to believe that they had probable cause to arrest Plaintiff

15 for violating PC 148.” Id. (footnote omitted).

16 As the Court noted in its prior Order, however, many of the facts surrounding

17 Plaintiff’s detention and arrest are disputed, and this Court must construe the facts in the

18 light most favorable to Plaintiff, the nonmovant. “Where the facts or circumstances

19 surrounding an individual’s arrest are disputed, the existence of probable cause is a

20 question for the jury.” Harper v. City of Los Angeles, 533 F.3d 1010, 1022 (9th Cir.

21 2008) (citing McKenzie, 738 F.2d at 1008). Such is the case here. For example, according

22 to Plaintiff, the Deputy Defendants told Plaintiff that they were going to search him and

23 his car, but Plaintiff declined to be searched and indicated that he did not want to proceed

24 with his visit. See Defendants’ Notice of Lodgment in Support of Motion for Summary

25 Judgment Ex. A (ECF No. 86-6) at 68:21–23; Plaintiff’s Notice of Lodgment in Opposition

26 to Motion for Summary Judgment (ECF No. 101) Ex. C (Declaration of Plaintiff Willard

27 Richard Stroud Jr. (“Pl. Decl.”)) ¶¶ 5–6. “[W]ithin 3 seconds Deputy Defendants went

28 hands on.” Pl. Decl. ¶ 6. “Thus, [Plaintiff] did not have the opportunity to comply or

1 refuse to comply with their orders.” Arias v. Amador, 61 F. Supp. 3d 960, 973 (E.D. Cal.

2 2014). Accordingly, viewing the evidence and drawing all inferences in the light most

3 favorable to Plaintiff, a jury could find that there was not probable cause to arrest Plaintiff

4 for a violation of PC 148(a)(1) because a jury could find that Plaintiff was only guilty of

5 declining to be searched, and, “[u]nder California law, the fact that someone verbally

6 challenges a police officer’s authority or is slow to comply with orders does not mean that

7 they have delayed an investigation.” Id. at 971 (citing People v. Quiroga, 16 Cal. App. 4th

8 961, 966 (1993)); see also Rios v. City of San Diego, No. 13-CV-3004 JLS (DHB), 2015

9 WL 12513462, at *8 (S.D. Cal. Oct. 13, 2015) (“Furthermore, ‘[i]t is well established under

10 California law that even “an outright refusal to cooperate with police officers cannot create

11 adequate grounds for [police] intrusion” without more.’” (quoting Mackinney v. Nielsen,

12 69 F.3d 1002, 1006 (9th Cir. 1995)). Accordingly, a reasonable jury could conclude that

13 Deputies Shea and Lizarraga violated Plaintiff’s Fourth Amendment rights by arresting

14 him for violation of PC 148 without probable cause.

15 B. Clearly Established Law

16 This does not conclude the Court’s analysis, however, as Deputies Shea and

17 Lizarraga contend that they are entitled to qualified immunity because there was no clearly

18 established law at the time of Plaintiff’s arrest placing them on notice that arresting Plaintiff

19 for violating PC 148 violated Plaintiff’s Fourth Amendment rights. Mot. at 9. “To the

20 contrary, Cates v. Stroud, the case most particularized to the facts of this case, states that

21 prior to 2016 no cases existed to instruct deputies that a prison visitor must be allowed to

22 leave the prison grounds before being searched.” Id. at 10 (citing 976 F.3d 972, 985 (9th

23 Cir. 2020)). The Deputy Defendants contend that, “[w]hile other cases may generally

24 discuss the requirements for probable cause, to be particularized to the facts of the present

25 case, any case placing deputies on notice must involve lawful administrative searches and

26 a Plaintiff who, despite being on notice of such searches, refused to cooperate in a lawful

27 administrative search, and was subsequently placed under arrest for violating PC 148 as a

28 result of refusing to cooperate in that operation.” Id. The Deputy Defendants argue that,

1 ||should Plaintiff fail to meet his burden to point to such a case, “Defendants are immune

2 || from liability.” Jd.

3 “{T]he question in determining whether qualified immunity applies is whether all

4 ||reasonable officers would agree that there was no probable cause in this instance.”

5 || Rosenbaum v. Washoe Cnty., 663 F.3d 1071, 1078 (9th Cir. 2011) (citation and footnote

6 |}omitted). In other words, “an officer is entitled to qualified immunity whenever, on facts

7 ||not subject to genuine dispute, it is clear that whether probable cause existed was a close

8 || question.” Flynn v. City of Santa Clara, 388 F. Supp. 3d 1158, 1169 (N.D. Cal. 2019)

9 ||(emphasis in original) (citation and internal quotation marks omitted). While the Court

10 || finds Cates to be of limited relevance to Plaintiff's unlawful arrest claim, given that no

11 |/arrest was at issue in Cates, the Court ultimately agrees that Plaintiff has failed to satisfy

12 || his burden of pointing to controlling authority that would have put the Deputy Defendants

13 |/on notice that their conduct violated Plaintiff's constitutional rights. The Court cannot

14 conclude, on the facts before it, that all reasonable officers would agree that there was no

15 || probable cause. Because the probable cause determination here is a close question, the

16 ||Court concludes that Deputies Shea and Lizarraga are entitled to qualified immunity on

17 || Plaintiff's false arrest claim.

18 CONCLUSION

19 In light of the foregoing, the Court GRANTS the Deputy Defendants’ Supplemental

20 || Motion for Summary Judgment (ECF No. 109). The Court will issue a separate ruling on

21 || Plaintiff's pending motion to appoint counsel (ECF No. 110) in due course.

22 IT IS SO ORDERED.

23 ||Dated: September 22, 2022 tL f He.

24 on. Janis L. Sammartino

5 United States District Judge

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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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