Vernon Linicomn v. City of Dallas
Opinion
*533
Vernon Linicomn brought this
I
A
We review a district court's grant of a Rule 12(c) motion for judgment on the pleadings de novo.
Machete Prods., L.L.C. v. Page
,
Public officials are entitled to qualified immunity unless the plaintiff can plead specific allegations demonstrating (1) the violation of a constitutional right that (2) was clearly established at the time of the alleged misconduct.
Pearson v. Callahan
,
B
Vernon Linicomn alleged the following facts in his pleadings. 1 He was awarded primary custody of his two minor children in his divorce from their mother, Linda, who suffers from mental disorders that render her unfit to be a custodial parent. After the divorce, and prior to the incident involved in this lawsuit, Linda falsely reported to the City of Dallas's Police Department on numerous occasions that the welfare of the children was endangered while they resided with Vernon.
*534 However, although the police responded on each occasion, no action was taken against Vernon because each of the reports proved to lack substance or justification.
On October 23, 2011, at approximately 4:40 p.m., Linda called 911 regarding the welfare of the children and told dispatch that Vernon was "abusing" the children. Officers Gilbert and Oliver went to Vernon's house, knocked on the door, but received no response; they departed without taking further action. At 9:20 p.m. that same night, Linda again called the police department and reported a "disturbance" pertaining to the children at Vernon's residence. The Defendants, Officers Hill and Matthews, responded 2 and arrived at Vernon's house between 9:30 and 10:41 p.m. 3 Upon arrival, the officers met Linda and Dallas paramedics and firefighters outside. Linda informed the officers that her daughter was "lethargic and sick" inside Vernon's house. The paramedics stated that they had been unable to gain entry to Vernon's house. The officers tried to contact Vernon by calling his cell phone and knocking repeatedly at his front door. Vernon did not respond.
Officer Hill contacted his supervisor, Sergeant Melquiades Irizarry, who arrived on the scene soon after. Sergeant Irizarry spoke with Linda and directed Hill to announce through the police public address system that they would enter the house-with or without Vernon's cooperation. Eventually, Vernon answered the door. Vernon advised Sergeant Irizarry and Officer Hill, who were standing at the threshold of the doorway, that his daughter was asleep and did not need medical assistance. Meanwhile, Officer Matthews stood off to the side of the door with her back to Vernon and the other officers. The officers did not have a warrant to enter Vernon's house.
Vernon refused to allow anyone entry without a warrant. Sergeant Irizarry placed his hand on Vernon's shoulder and asked him to step aside so that paramedics could enter and verify that Vernon's daughter was safe. Vernon pushed Sergeant Irizarry's hand away. Officer Hill then clasped Vernon's right arm and shoulder. Vernon pushed Officer Hill away, retreated, and tried to close the door to the house. Officer Hill and Sergeant Irizarry prevented Vernon from closing the door, and Vernon ran toward the back of the house. Officer Hill ran after Vernon. Officer Matthews entered the house but remained near the front door. Inside the house, a struggle ensued. Officer Hill grabbed Vernon and tried to take him to the floor. Vernon resisted. Sergeant Irizarry sprayed Vernon with pepper spray. Vernon was then handcuffed, escorted outside, and treated by paramedics. The officers spoke with Vernon's children and confirmed that they had been asleep and were not ill. The children also confirmed that Linda had a history of making exaggerated claims about their welfare.
C
Vernon filed suit in Texas state court against Officers Hill and Matthews,
4
alleging
*535
assault and battery as well as claims under
II
The district court granted the officers' Rule 12(c) motion for judgment on the pleadings, holding that Vernon's amended complaint and Rule 7(a) reply to the Officers' answers did not overcome the officers' qualified immunity defense. 5 Vernon challenges that order, arguing that his pleadings sufficiently demonstrate that the officers acted objectively unreasonably and violated his clearly established Fourth Amendment rights by (1) entering his house without a warrant and (2) using excessive force by assaulting and pepper spraying him.
A
The Supreme Court has held that we have discretion to address either prong of the qualified immunity analysis first.
See
Pearson
,
1
Under the first prong of the qualified-immunity analysis, we consider whether the officers' actions violated Vernon's Fourth Amendment rights.
See
Trammell v. Fruge
,
"Physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed."
United States v. U.S. Dist. Ct.
,
*536
A warrantless search of a person's home is presumptively unreasonable, unless an exception to the warrant requirement applies.
Carroll v. Ellington
,
Exigent circumstances exist where, inter alia, officers must enter a home to provide emergency assistance to preserve life or prevent serious injury. Officers may enter a home "without a warrant to render emergency assistance to an injured occupant or to protect an occupant from imminent injury."
Stuart
,
We have declined to apply the emergency aid exception absent strong evidence of an emergency at the scene or an imminent need for medical attention. In
Gates v. Tex. Dep't of Protective & Reg. Servs.
,
The officers argue that they acted reasonably in entering Vernon's house, claiming that they were unaware of Linda's mental illness and history of making groundless 911 calls and therefore had reason to take her call seriously that day, as she was the children's mother. Even so, under the facts alleged and admitted by Vernon, their warrantless entry was still not justified by exigent circumstances. Linda's 911 call that night alleged that
*537
there was a "disturbance" at Vernon's address. But the officers had the burden of proving the existence of exigency, and failed to corroborate her call.
See
Welsh v. Wisconsin
,
The officers arrived at Vernon's house up to one hour and twenty-one minutes after Linda placed the call. Unlike the tumultuous situations the officers encountered in Stuart and Fisher , the officers arrived at Vernon's house to find a relatively calm scene outside with no external signs of struggle indicating the need to prevent violence or restore order.
Although Vernon did not answer his cell phone and did not initially respond to the repeated knocks at his front door, his failure to respond did not constitute exigency.
See
Troop
,
Finally, the officers contend that they were justified in entering Vernon's home to prevent him from obtaining a weapon inside. However, the officers do not allege that they had any information indicating the presence of a weapon inside the home, nor did they articulate such a suspicion before entering. And the pleadings demonstrate that Vernon attempted to close the door and retreat into his house as a result of the officers' request to enter without a warrant. Vernon's retreat in response to the officers' actions did not give rise to exigent circumstances.
Cf.
Jones
,
2
Though we find plausible Vernon's allegations that the officers' warrantless entry into his house violated his Fourth Amendment right, we cannot conclude, under the second prong of the qualified immunity analysis, that this right was clearly established under the circumstances of this case at the time of the officers' entry.
See
Trammell
,
Vernon argues that, under
Troop
, the Officers should have known that no exigent circumstances existed to justify their warrantless entry into his house. In
Troop
, we found that signs of fatigue in footsteps "alone [were] insufficient to demonstrate exigent circumstances requiring an immediate entry into the house," noting the lack of evidence "of medical distress requiring immediate aid, such as loss of blood, [or] signs of physical illness."
Vernon does not cite to any controlling authority establishing that the officers' entry into his house would have violated a clearly established right under the circumstances. Accordingly, we affirm the district court's decision to grant the officers' motion for judgment on the pleadings on the basis of qualified immunity.
B
The district court concluded that the officers used reasonable force in light of the clearly established law at the time. The court noted Vernon's admission that he was not pepper sprayed by the officers, but by Sergeant Irizarry. It further concluded that Officer Matthews did not touch Vernon, except to assist him outside of the house to receive medical care. Finally, the court found that Vernon failed to allege any facts to negate the assertion that Officer Hill's use of force was reasonable to prevent him from accessing any weapons inside his house.
Vernon argues that his pleadings demonstrate that he was assaulted and pepper sprayed and suffered great bodily harm as a result of the officers' unreasonable use of force. To prevail on an excessive force claim, the plaintiff must show (1) an injury (2) that resulted directly and only from the use of force that was clearly excessive to the need and that (3) the force used was objectively unreasonable.
Goodson v. City of Corpus Christi
,
We agree with the district court's findings and conclusions as to the officers' use of force. First, Vernon conceded that he
*540
was pepper sprayed by the officers' supervisor, Sergeant Irizarry. Sergeant Irizarry is not a defendant in this case.
8
Vernon's allegations of being pepper sprayed therefore do not "focus[ ] specifically on the conduct of" Officers Hill and Matthews and cannot help him overcome their defense of qualified immunity.
See
Reyes v. Sazan
,
Finally, Vernon claims that Officer Hill used excessive force in restraining him. However, his claim is undermined by his admission of the facts in Officer Hill's answer to his complaint.
9
Vernon admitted that Officer "Hill clasped [Vernon's] right arm and shoulder"
after
Vernon pushed Sergeant Irizarry's hand away. Vernon next admitted that Officer Hill "grabbed [him] and attempted to take him to the ground"
after
he pushed Officer Hill's hand away and ran into the house. Vernon further admitted that he and Officer Hill struggled in the hallway. Lastly, Vernon admitted that Officer Hill handcuffed and escorted him outside for medical treatment
after
Vernon was pepper sprayed by Sergeant Irizarry. In light of Vernon's admission that Officer Hill used force only after Vernon made physical contact with him and Sergeant Irizarry, and again after Vernon fled to the back of his house and engaged in a physical struggle with Officer Hill, we conclude that Vernon's pleadings do not sufficiently establish that Officer Hill's use of force was objectively unreasonable.
See
Poole
,
* * *
For these reasons, we AFFIRM the district court's judgment.
At the motion to dismiss stage, we take the facts, as alleged or admitted by Vernon, as true.
Bell Atl. Corp. v. Twombly
,
We note that the Defendants, Officers Hill and Matthews, claim that they were not aware of Linda's prior false reports to the Dallas Police Department, including Linda's report earlier on the day of the incident giving rise to this litigation.
The pleadings are inconsistent with respect to when the officers arrived at Vernon's house.
Vernon also sued the City of Dallas and three unidentified officers (Does 1-3). However, Vernon abandoned his claims against the City in the district court by failing to name it as a defendant in his amended complaint.
MacArthur v. Univ. Tex. Health Ctr.
,
The court assumed, arguendo, that Vernon sufficiently alleged violations of his constitutional rights, deciding only whether the Officers' conduct was objectively reasonable in light of the clearly established law at the time.
In their answer to the amended complaint, the officers stated that Vernon appeared "irate and upset" upon answering the door, and Vernon admitted the allegation. But an appearance of anger, without more, does not establish exigency.
Cf.
Thacker v. City of Columbus
,
As explained above, Officers Hill and Matthews claim they had no knowledge of Linda's call earlier that day, alleging that Vernon was abusing the children. See supra note 2.
In Vernon's original petition in state court, he alleged that Doe 1 "entered Plaintiff's home without a warrant" and "assaulted Plaintiff, causing great bodily harm." To the extent that Vernon intended to name Sergeant Irizarry as Doe 1, he has abandoned this claim, as discussed above. See supra note 3.
Vernon admitted the facts in Officer Hill's answer to his complaint "with the exception that he [had] no information and belief with respect to the beliefs or mental status of the officers."
Reference
- Full Case Name
- Vernon LINICOMN, Plaintiff-Appellant, v. Maurico HILL; Cheryl Matthews; Does 1-3, Inclusive, Defendants-Appellees.
- Cited By
- 41 cases
- Status
- Published