Adams v. Glaser
Adams v. Glaser
Opinion of the Court
ORDER AND REASONS
Before the Court is a Motion for Summary Judgment filed by Defendants Alexander Barnes, Zachary Dubourg, Shane Hollis, Vincent Maranti, Ricky Pabst, and Emile Sanchez.
FACTUAL BACKGROUND
I. The Stop
The facts surrounding the stop and arrest of Joshua Adams, Sr. (“the Decedent”) are, for the most part, not in dispute.
Dubourg then ordered the Decedent to exit his vehicle, but Decedent refused to comply.
II. . The Booking
Some of the facts regarding what occurred after the Decedent arrived at the Kenner jail are in dispute, but no genuinely disputed facts are material to the Court’s decision. The parties agree that, upon arriving at the jail, Dubourg informed Officer Alexander ■ Barnes (“Barnes”) and Correctional Officer Ricky Pabst (“Pabst”) that the Decedent may have ingested narcotics.
It is undisputed that Pabst and Barnes gave the Decedent instructions on why the strip search was being performed and how it would be performed.
After the strip search had concluded, the Decedent was then returned to his booking cell.
The parties do not dispute that the Decedent resisted being removed from the cell.
. In any event, the parties do agree that, once the Decedent was on the ground, Sanchez began applying “fingertip pressure points” in an attempt to force the Decedent to open his mouth and prevent him from swallowing.
The parties agree that, at some point during this encounter, the officers noticed a “small amount of blood and saliva” coming from Decedent’s mouth.
The Defendants assert that at no point during the aforementioned encounter did any of the Defendants employ a “choke-hold” on the Decedent, nor did any of the Defendants strike the Decedent about the face, head, or body.
III. Postr-Booking
After the Decedent departed the jail via ambulance, the Defendants contend they discovered a “small, white rock-like object” on the floor of the Decedent’s cell.
Dr. Susan Garcia, a pathologist at the Jefferson Parish Forensic Center, performed an autopsy on the Decedent on January 6, 2014.
The Defendants rely extensively on Dr. Garcia’s autopsy report in their motion for summary judgment.
V. The Surveillance Video
Both the Plaintiffs and the Defendants rely heavily on the surveillance video from the Kenner jail to support their respective positions.
PROCEDURAL HISTORY
On October 30, 2014, Plaintiffs
On August 27, 2015, Defendants filed the present motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure.
LEGAL STANDARD
Summary judgment is appropriate only “if the movant shows that -there is no genuine dispute as to any. material fact and the movant is entitled to judgment as a matter of law.”
If the dispositive issue is one on which the moving party will bear the burden of persuasion at trial, the moving party “must come forward with evidence which would ‘entitle it to a directed verdict if the evidence went uncontroverted at trial.’ ”
If the dispositive issue is one on which the non-moving party will bear the burden of persuasion at trial, as in this case, the moving party may satisfy its burden of production by either (1) submitting affirmative evidence that begates an essential element' of the non-movant’s claim, or (2>) affirmatively demonstrating that there is no evidence in the record to establish an essential element of the non-movant’s claim.
DISCUSSION
In the present motion for summary judgment, the Defendants (1) assert the defense of qualified immunity to Plaintiffs’ federal claims against them in their individual capacities; (2) contend that Plaintiffs’ claims against them in their official capacities are not cognizable as a matter of law; and (3) argue that Plaintiffs’ state-law claims should be dismissed with prejudice.
I. Individual Capacity—Qualified Immunity
“Qualified immunity protects public officials from suit unless their conduct violates a clearly established constitutional right.”
The defendant official must initially plead his good faith and establish that he was acting within the scope of his discretionary authority. Once the defendant has done so, the burden shifts to the plaintiff to rebut this defense by establishing that the official’s allegedly wrongful conduct violated clearly established law.94
In this case, because the Defendants have properly invoked the doctrine of qualified immunity,
a. Violation of a Constitutional Right
The Court will first address whether the Plaintiffs have “adduced sufficient evidence” to raise a genuine issue of material fact suggesting the Defendants violated a constitutional right. In this case, the Plaintiffs allege claims of excessive force against the Defendants.
i. Excessive Force Standard
“When a plaintiff alleges excessive force during an investigation or arrest, the federal right at issue is the Fourth Amendment right against unreasonable seizures.”
To prevail on their excessive force claims at trial, Plaintiffs would be required to establish that the Decedent suffered: “(1) an injury; (2) which resulted directly and only from .a use. of force that was clearly excessive; and (3) the excessiveness of which was clearly unreasonable.”
ii. Was Force Excessive and Clearly Unreasonable?
The Plaintiffs claim there is a genuine issue of material fact as to whether the Defendants’ actions in this case amount to an excessive and clearly unreasonable use of force.
The Plaintiffs rely mainly on the video from the Kenner jail, to raise a genuine issue of material fact as to whether the Defendants used excessive force against the Decedent.
Whether force is excessive depends on the circumstances of each particular case and must be judged from the perspective of a reasonable officer.
Under these facts, a reasonable officer could conclude that Decedent was ingesting cocaine. The Decedent clearly refused to obey the Defendants’ lawful commands to expel the objects in his mouth, prompting the Defendants to react for the Decedent’s safety and for the preservation of evidence. The Defendants’ use of force was an objectively reasonable attempt to cause Decedent to expel the objects in his mouth. The fact that cocaine was detected in Decedent’s system during his autopsy supports the contention that he was, in fact, ingesting the drug during his encounter with Defendants.
The Plaintiffs also point to Dr. Garcia’s autopsy report and her deposition testimony in an attempt to identify a genuine issue of material fact. Dr. Garcia Conducted the only autopsy on the Decedent, determining his cause of death to be “acute-cocaine intoxication.” Dr. Garcia’s autopsy failed to reveal any evidence that Decedent suffered injuries, whether external or internal, indicative of a violent struggle or being violently thrown to the ground.
Accordingly, the Plaintiffs have not produced ‘ sufficient evidence that, ’ when viewed in the light.most favorable to them, raises any genuine issue of material fact as to whether the Defendants used excessive and unreasonable force on the Decedent. Instead, after reviewing the evidence submitted, most persuasively the video, the Court finds the Defendants’ conduct in connection with the Decedent was objec-lively reasonable and not an excessive use of force. ■ The Co.urt finds that no reasonable trier of fact could, after considering the evidence, arrive at a contrary conclusion.
Because thére was no violation of the Decedent’s constitutional rights, Le., Decedent’s Fourth Amendment right to be free from excessive force, Plaintiffs are unable to satisfy the first requirement of the qualified-immunity inquiry, and the analysis on their Section 1983 claim consequently ends.
II. Official Capacity
Plaintiffs have also sued the Defendants in their official capacities as police officers for the City of Kenner.
It is undisputed that the Plaintiffs asserted only that the Kenner Police Chief, Michael Glaser, maintained a “custom, policy, practice, and procedure of negligently and inadequately hiring, training, supervising and retaining police/corrections officers,”
Plaintiffs have also alleged violations of various Louisiana Civil Code provisions, namely articles 2315, 2315.1, 2315.2, 2316, and 2320. Plaintiffs contend that the Defendants are liable under those articles for “violently striking and choking decedent, and using excessive force, far in excess of that required under the circumstances, which lead to, contributed to and/or resulted in the untimely and needless death of decedent.”
Excessive-force claims under Louisiana law are analyzed with the same standard that is used to gauge excessive force claims under Section 1983.
CONCLUSION
IT IS ORDERED that the motion for summary judgment is GRANTED.
IT IS FURTHER ORDERED that Plaintiffs’ claims are hereby DISMISSED WITH PREJUDICE.
. R. Doc. 18.
. R. Doc. 26.
. See R. Doc. 18-1 at 1-3; R. Doc. 26-1 at 1-2.
. R. Doc. 18-1 at 1, ¶ 1; R. Doc. 26-1 at 1, ¶ 1. At the time of the stop, Dubourg was “on duty in uniform and in a marked Kenner police unit.” See R. Doc. 18-6 at 1 ("Affidavit of Zachary Dubourg”).
. R. Doc. 18-1 at 2, ¶ 2; R. Doc. 26-1 at 1, ¶ 2. Dubourg stated in his affidavit that “[b]e-cause the date on the tag exceeded sixty (60) days from January 4, 2014, he suspected the tag was altered.” See R. Doc. 18-6 at 1 (“Affidavit of Zachary Dubourg”).
. R. Doc. 18-1 at 1-2, ¶¶ 1, 2; R. Doc. 26-1 at 1, ¶¶ 1, 2.
. See R. Doc. 18-6 at 1-2 ("Affidavit of Zachary Dubourg”).
. See R; Doc. 18-6 at 2 ("Affidavit of Zachary Dubourg”).
. See R. Doc. 18-6 at 2 ("Affidavit of Zachary Dubourg”).
. R. Doc. 18-1 at 2, 11114-6; R. Doc. 26-1 at 1-2, ¶¶ 4-6.
. R. Doc. 18-1 at 2,' ¶ 6; R. Doc. 26-1 at 2, ¶ 6.
. R. Doc. 18-1 at 2, ¶7; R. Doc. 26-1 at 2, ¶ 7.
. Plaintiffs identify the substance as a “white object” in their opposition memorandum. See R. Doc, 26 at 4. It is undisputed that
. ' R. Doc. 18-1 at 2, ¶ 8; R. Doc. 26-1 at 2, ¶ 8. During the stop, the Decedent repeatedly denied that he placed anything in his mouth. See R. Doc. 18-6 at 2 ("Affidavit of Zachary Dubourg”).
. R. Doc. 18-1 at 2, ¶¶ 8, 9; R. Doc. 26-1 at 2, ¶¶ 8, 9.
. R. Doc. 18-6 at 2 ("Affidavit of Zachary Dubourg”).
. See R. Doc. 18-6 at 2 ("Affidavit of Zachary Dubourg”).
. R, Doc. 18-1 at 3, ¶ 11; R. Doc. 26-1 at 2, ¶ 11.
. R. Doc. 18-1 at 3, ¶ 12; R. Doc. 26-1 at 2, ¶ 12.
. R. Doc. 18-1 at 3, ¶¶ 12-14; R. Doc. 26-1 at 2, H1M2-14.
. R. Doc. 18-1'at 3, ¶ 14; R. Doc. 26-1 at 2, ¶ 14.
. R. Doc. 18-1 at 3, ¶ 15; R. Doc. 26-1 at 2, ¶ 15.
. See R. Doc. 26-1 at 2, ¶ 15.
. R. Doc. 18-1 at 3, ¶¶ 16-17; R. Doc. 26-1 at 2, ¶¶ 16-17.
. R. Doc. 18-1 at 3, ¶ Í8; R. Doc. 26-1 at 2, ¶ 18.
. R. Doc. 18-6 at 2-3 ("Affidavit of Zachary Dubourg”).
. See R. Doc. 26-1 at 2, ¶ 21. Plaintiffs deny the Defendants" assertion that the Decedent was chewing on something while in his cell post-strip search. R. Doc. 26-1 at 2, ¶21.
. The Plaintiffs cite "Plaintiffs Exhibits 5 and 6” in support of their contention that the Decedent was not chewing on something at
. R. Doc. 18-6 at 3 ("Affidavit of Zachary Dubourg”).
. See generally R. Doc. 18-1 at 4; R. Doc. 26-1 at 2-3.
. R. Doc. 18-6 at 3 ("Affidavit of Zachary Dubourg”). The Decedent "refused to open his mouth to allow inspection upon being instructed to do so and refused to expel the contents of his mouth.” R. Doc. 18-5 at 7.
. See R. Doc. 18-1 at 4, ¶ 25; R. Doc. 26-1 at 3,1125.
. See R. Doc, 18-1 at 4, ¶ 24.
. See R. Doc. 18-1 at 4, ¶ 24; R. Doc. 26-1 at 2, ¶ 24.
. R. Doc. 18-1 at 4, ¶24. -According to Plaintiffs, Dubourg, Sanchez, Barnes, and Hollis "rushed” into Decedent’s cell and began "attacking” him. See R. Doc. 26 at 8. Plaintiffs allege that Dubourg placed his left arm around the Decedent’s neck and proceeded to strike the Decedent with his right arm, "forcibly taking him to the ground.” R. Doc. 26 at 8. Plaintiffs describe Dubourg’s restraint technique as a "choke hold.” See R. Doc. 26 at 8. The Defendants dispute the Plaintiffs' characterization of the incident. See R, Doc. 18-1 at 4-5, ¶¶ 22-29. Fortunately, there is video evidence of this portion of the event on which the Court relied to determine whether there was a genuine issue of material fact as to what occurred.
. See R. Doc. 26 at 8. ■
. R. Doc. 26 at 8,
. See R. Doc. 26 at 8.
. See R. Doc. 18-1 at 4-5, ¶¶ 22-29; see also ' R. Doc. 26-1 at 2-3) ¶¶ 22-29.
. R. Doc. 18-1 at 4, ¶ 24; R. Doc. 26-1 at 2-3,1124. ‘
. R. Doc. 18-1 at 4, ¶ 25; R. Doc. 26-1 at 3, ¶ 25.
. See R. Doc. 18-1 at 4, ¶ 25; R. Doc. 26-1 at 3, ¶25. Plaintiffs cite the video surveillance footage to support their disagreement.
. See R. Doc. 18-1 at 4-5, ¶¶ 26-27; R. Doc. 26-1 at 3, ¶¶ 26-27.
. R. Doc, 18-1 at 4-5, ¶ 27; R. Doc. 26—1 at 3, ¶ 27.
. See R. Doc. 18-1 at 5, ¶ 28; R. Doc. 26-1 at 3,11 28.
. See R. Doc. 18-1 at 5, ¶ 29; R, Doc. 26-1 at 3, ¶ 29. Plaintiffs contend that the "attack” continued until Decedent began to "bleed and convulse.” R. Doc. 26 at 9.
. R. Doc. 18-1 at 5, ¶31; R. Doc, 26-1 at 3, ¶ 31.
. R. Doc. 18-1 at 5, ¶¶ 32-33; R. Doc. 26-1 at 3,1Í1132-33.
. R. Doc. 18-1 at 5, ¶ 34; R. Doc. 26-1 at 3, ¶ 34.
. R. Doc. 18-1 at 5, ¶ 34; R. Doc. 26-1 at 3, ¶ 34.
. R. Doc. 18-1 at 5-6, ¶ 35.
. R. Doc. 26-1 at 3, ¶ 35.
. See R. Doc. 18-1 ató, ¶ 38.
. See R. Doc. 18-1 at 6, ¶ 38; R. -Doc. 26-1 at 3, ¶ 38.
. R. Doc. 18-1 ató, ¶41.
. R. Doc. 26-1 at 4, It 41. Plaintiffs cite an affidavit executed by Defendant Sanchez, which omits reference of this discovery. Plaintiffs seem to rely on Defendant Sanchez's affidavit for its lack of reference to the discovery of this object. In any event, this issue is not material to the Court’s decision.
. See R. Doc. 26 at 18. Plaintiffs cite the surveillance video from the Kenner jail as support, asserting that the video proves the Decedent was never in the area where the drugs were discovered. See R. Doc. 26 at 18.
. R. Doc. 18-1 at 6, ¶ 43. See also R. Doc. 18-7 at 6:11-13 ("Deposition of Susan M. Garcia, M.D.”).
. R. Doc. 18-1 at 7, ¶ 45. See also R. Doc. 18-7 at 16:4-7 ("Deposition of Susan M. Garcia, M.D.”).
. R. Doc. 18-1 at 7-8, ¶ 46. R. Doc. 18-7 at 25:2-4 ("Deposition of Susan M. Garcia, M.D.”).
. R. Doc. 18-7 at 25:2-4 ("Deposition of Susan M. Garcia, M.D.”).
. R. Doc. 18-1 at 8, ¶ 47. See also R. Doc. 18-7 at 14, 15 ("Deposition of Susan M. Garcia, M.D.”).
. R. Doc. 18-1 at 8, ¶ 47. See also R. Doc. • 18-7 at 14, 15 ("Deposition of Susan M. Garcia, M.D.”).
. See. R. Doc. 18-5 at 8-9.
. See R. Doc. 26-1 at 4, ¶ 48.
. See generally R. Doc. 18-7; see also R. Doc. 18-1 at 7-8, ¶ 46.
. See generally R. Doc. 18-5 at 10; R. Doc. 18-9 ("Exhibit 4”); R. Doc. 26.
. R. Doc. 26 at 8-9, 20.
. The Plaintiffs in the present action are: (1) The Estate of Joshua Adams, Sr.; and (2) Chiva Adams, individually and on behalf of her minor children J.A. and J.A., Jr.
. See R. Doc, 1 at 7,"¶ 21.
. See R. Doc. 1 at 7, ¶ 22.
.' The following individuals were originally named as defendants in both their official and individual capacities: (1) Chief of Police Michael Glaser; (2) Lieutenant Emile Sanchez; (3) Officers Zachary Dubourg, Vincent Miran-ti, and Alexander Barnes; (4) Corrections Officers Shane Hollis and Ricky Pabst; and (5) an unnamed defendant.
. R. Doc. 1 at 7/¶ 21.
. R. Doc. 18.
. R. Doc. 18-5 at 12.
. R. Doc. 18-5 at 23-24.
. R. Doc. 18-5 at 24,
. Fed.R.Civ.P. 56. See also Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed,2d 265 (1986).
. DIRECTV Inc. v. Robson, 420 F.3d 532, 536 (5th Cir. 2005).
. Delta & Pine Land Co. v. Nationwide. Agribusiness Ins. Co., 530 F.3d 395, 398 (5th Cir. 2008). See also Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 150-51, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000).
. Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir. 1994).
. Smith v. Amedisys, Inc., 298 F.3d 434, 440 (5th Cir. 2002).
. Int'l Shortstop, Inc. v. Rally's, Inc., 939 F.2d 1257, 1263-64 (5th Cir. 1991) (quoting Golden Rule Ins. Co. v. Lease, 755 F.Supp. 948, 951 (D.Colo. 1991)).
. Celotex, 477 U.S. at 322-24, 106 S.Ct. 2548.
. Id. at 331-32, 106 S.Ct. 2548 (Brennan, J., dissenting).
. See id. at 332, 106 S.Ct. 2548.
. Id. at 332-33, 106 S.Ct. 2548. The burden would then shift back to the movant to demonstrate the inadequacy of the evidence relied upon by the non-movant. Once attacked, "the burden of production shifts to the non-moving party, who must either (1) rehabilitate the evidence attacked in the moving party’s papers, (2) produce additional evidence showing the existence of a genuine issue for trial as provided in Rule 56(e), or (3) submit an affidavit explaining why further discovery is necessary as provided in Rule 56(f).” Id. at 332-33, 333 n. 3, 106 S.Ct. 2548.
. Ragas v. Tenn. Gas Pipeline Co., 136 F.3d 455, 458 (5th Cir. 1998) (citing Celotex, 477 U.S. at 324, 106 S.Ct. 2548; Forsyth v. Barr, 19 F.3d 1527, 1537 (5th Cir. 1994) and quoting Skotak v. Tenneco Resins, Inc., 953 F.2d 909, 915-16 & n. 7 (5th Cir. 1992)).
. R. Doc. 18 at 1.
. Mace v. City of Palestine, 333 F.3d 621, 623 (5th Cir. 2003). See also Brumfield v. Hollins, 551 F.3d 322, 326 (5th Cir. 2008).
. United States v. Lanier, 520 U.S. 259, 270, 117 S.Ct. 1219, 137 L.Ed.2d 432 (1997) (internal quotation marks and citations omitted).
. Harlow v. Fitzgerald, 457 U.S, 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982).
. Brumfield, 551 F.3d at 326. See also Club Retro, L.L.C. v. Hilton, 568 F.3d 181, 194 (5th Cir. 2009) (citing Pearson v. Callahan, 555 U.S. 223, 231, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009)).
. Id. (quoting Bazan ex rel. Bazan v. Hidalgo Cnty., 246 F.3d 481, 489-90 (5th Cir. 2001) ("We do not require that an official demonstrate that he did not violate clearly established federal rights; our precedent places that burden upon plaintiffs.”)).
. See R. Doc. 18.
. See Tolan v. Cotton, — U.S. -, 134 S.Ct. 1861, 1865, 188 L.Ed.2d 895 (2014).
. Brumfield, 551 F.3d at 326 (citing McClendon v. City of Columbia, 305 F.3d 314, 323 (5th Cir. 2002) (en banc)).
. Id. (citing Freeman v. Gore, 483 F.3d 404, 410-11 (5th Cir. 2007)).
. See id.; Ramirez v. Martinez, 716 F.3d 369, 375 (5th Cir,2013) (citing Brown v. Strain, 663 F.3d 245, 249 (5th Cir. 2011); Pearson, 555 U.S. at 230-33, 129 S.Ct. 808).
. Poole v. City of Shreveport, 691 F.3d 624, 627 (5th Cir. 2012) (citing Brumfield, 551 F.3d at 326). See also Malley v. Briggs, 475 U.S. 335, 343, 106 S.Ct. 1092, 89 L.Ed.2d 271 (1986); Mendenhall v. Riser, 213 F.3d 226, 230 (5th Cir. 2000).
. See R. Doc. 1,
. Tolan, 134 S.Ct. at 1865 (citing Graham v. Connor, 490 U.S. 386, 394, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989)).
. Id. at 1865-66 (citing Tennessee v. Garner, 471 U.S. 1, 8, 105 S.Ct. 1694, 85 L.Ed.2d 1 (1985); Graham, 490 U.S. at 396, 109 S.Ct. 1865).
. Deville, 567 F.3d at 167 (quoting Graham, 490 U.S. at 396, 109 S.Ct. 1865; Brosseau v. Haugen, 543 U.S. 194, 201, 125 S.Ct. 596, 160 L.Ed.2d 583 (2004)).
. Graham, 490 U.S. at 396-97, 109 S.Ct. 1865. See also Poole, 691 F.3d at 628; Ontiveros v. City of Rosenberg, 564 F.3d 379, 382 (5th Cir. 2009).
. Ontiveros, 564 F.3d at 382. See also Deville v. Marcantel, 567 F.3d 156, 167 (5th Cir. 2009) (per curiam).
. See Ramirez v. Martinez, 716 F.3d 369, 374 (5th Cir. 2013); Spann v. Rainey, 987 F.2d 1110, 1115 (5th Cir. 1993).
. See generally Spann, 987 F.2d at 1115; Poole, 691 F.3d at 628.
. See R. Doc. 26 at 17.
. See R.. Doc. 26 at 17.
. See Graham, 490 U.S. at 396-97, 109 S.Ct. 1865; see also Poole, 691 F.3d at 628; Ontiveros, 564 F.3d at 382.
.' See supra Factual Background, Part I—II.
. The Defendants’ summary judgment evidence is convincing. First, Defendants rely on the affidavit of Zachary Dubourg, the Ken-ner Police Department officer who arrested the Decedent, to support the fact that Decedent was seen placing a foreign substance in his mouth during the initial arrest. See R. ' Doc, 18-6 at 2 ("Affidavit of Zachary Du-bourg"). Second, the Defendants in their statement of uncontested facts note that Officers Hollis and Pabst observed Decedent make a "big swallow." or "big gulp” after being notified that’ his mouth would be 'searched for contraband.' R, Doc. 18-1 at 3, II15. Third, Officer Dubourg’s affidavit also supports the Defendants' assertion that the Decedent was seen chewing on something in his cell, and that a-white substance was observed on Decedent's lips, R. Doc. 18-6 at 2-3 ("Affidavit of Zachary Dubourg”). This assertion is also supported by the Defendants’ statement of uncontested material facts. See R, Doc. 18-1 at 4, ¶¶ 20-21. Further, the Defendants rely on the video evidence from the Kenner jail, as well as the deposition of Dr. Susan Garcia, in support of their arguments that any force exerted was not excessive. The Court finds that the evidence relied upon by the Defendants is competent and worthy of consideration at this summary judgment stage.
.See generally R. Doc. 18-8. In fact, the only external manifestation of an injury that Dr. Garcia discovered was a 1” abrasion on the top back of Decedent’s left shoulder. See R. Doc. 18-8 at 3. Throughout her deposition. Dr. Garcia confirmed that: (1) Decedent's “corneas were clear and there was no petec-hiae present;” (2) ah examination of Decedent’s neck revealed his "hyoid” and "larynx” intact, which contradicts the claims of a "chokehold;” (3) an examination of Decedent’s brain failed to reveal any lesions or internal bleeding; (4) an extensive dissection of the subcutaneous, tissue of the back, buttock, and lower and. upper extremities revealed only the 1" abrasion on Decedent’s left shoulder, which was' characterized by Dr. Garcia as an "extremely minor insignificant injury;” (5) there was no physical evidence of injury suggesting that Decedent was "violently slammed to the floor;” (6) there was no physical evidence of injury suggesting that Decedent was forced into a “chokehold;” (7)
.See R. Doc. 18-1 at 7, ¶ 45; R. Doc. 26-1 at 4, ¶ 45.
. R. Doc, 26 at 16.
. R. Doc. 18-7 at 22-26 ("Deposition of Susan M. Garcia, M.D.”).
. R. Doc. 18-7 at 22-26 ("Deposition of Susan M. Garcia, M.D.”).
. R. Doc. 18-7 at 22-24 ("Deposition of Susan M. Garcia, M.D.”). '
. See discussion supra Part I.
. See R. Doc. 1 at 2-3.
. R. Doc. 18-5 at 24.
.R. Doc. 18-5 at 24.
. Brooks v. George Cnty., 84 F.3d 157, 165 (5th Cir. 1996). See also Hafer v. Melo, 502 U.S. 21, 25, 112 S.Ct. 358, 116 L.Ed.2d 301 (1991); Smith v. Harrison Cnty., No. 1:07cv1256-LG-JMR, 2010 WL 4105674, at *2 (S.D.Miss. Sept. 27, 2010).
. See Hafer, 502 U.S. at 26, 112 S.Ct. 358.
. Brooks, 84 F.3d at 165. See also Monell v. New York City Dep't of Soc. Serv., 436 U.S. 658, 690-91, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978).
. See Batiste v. Theriot, 458 Fed.Appx. 351, 358 (5th Cir. 2012); see also Spiller v. City of Tex. City, Police Dep’t, 130 F.3d 162, 167 (5th Cir. 1997).
. Id. (citing Fraire v. City of Arlington, 957 F.2d 1268, 1277 (5th Cir. 1992)).
. R. Doc. 1 at 8.
. See R. Docs. 12, 13.
. See R. Docs. 12, 13.
. To the extent that the Plaintiffs argue the City of Kenner should be liable for the actions of the Defendants under the theory of vicarious liability (See R. Doc. 1 at 9, ¶ 24f), the Court notes that a municipality cannot be held vicariously liable under Section 1983. Valle v. City of Houston, 613 F.3d 536, 541 (5th Cir. 2010) (citing Monell, 436 U.S. at 694, 98 S.Ct. 2018). Rather, a "municipality is liable only for acts directly attributable to it 'through some official action or imprimatur.’ ” Id. (quoting Piotrowski v. City of Houston, 237 F.3d 567, 578 (5th Cir. 2001)). It is only when the "execution of a government’s policy or custom ... inflicts the injury that the government as an entity is responsible under § 1983.” Monell, 436 U.S. at 694, 98 S.Ct. 2018. Further, to the extent the Plaintiffs argue that Chief Michael Glaser is liable under a vicarious liability theory (See R. Doc. 1 at 9, ¶ 24f), the Court reaffirms that Glaser has been dismissed as a Defendant and thus cannot be found liable under such a theory. Plaintiffs also state in their initial complaint that Defendant Sanchez "[flailed to train, supervise and discipline” the other Defendants, which led to the "violent striking, tasing, take down ... and use of excessive force” on the Decedent. See R. Doc. 1 at 9, ¶ 25a. However, Plaintiffs have failed to allege a cause of action on this theory, and Plaintiffs do not offer any facts or evidence suggesting that Defendant Sanchez could be found liable under a failure-to-train theory.
. R. Doc. 1 at 7.
. See Kyle v. City of New Orleans, 353 So.2d 969, 972-73 (La. 1977) ("The use of force by law enforcement must be tested by the 'reasonable force’ standard.”); Deville, 567 F.3d at 172-73 ("Louisiana’s excessive force tort mirrors its federal constitutional counterpart. 'The use of force when necessary to make an arrest is a legitimate police function. But if the officers use unreasonable or excessive force, they and their employer are liable for any injuries which result.’ ”); Winston v. City of Shreveport, 390 Fed.Appx. 379, 385-86 (5th Cir. 2010) ("Under Louisiana law, we apply the same 'reasonableness' standard to Winston’s state law claims of false arrest and excessive force that we apply when analyzing whether qualified immunity shield Officer Willis against Winston's federal constitutional claims.”).
Reference
- Full Case Name
- Chiva ADAMS v. Michael GLASER
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- 1 case
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- Published