County of Los Angeles v. Mendez
County of Los Angeles v. Mendez
Opinion
If law enforcement officers make a "seizure" of a person using force that is judged to be reasonable based on a consideration of the circumstances relevant to that determination, may the officers nevertheless be held liable for injuries caused by the seizure on the ground that they committed a separate Fourth Amendment violation that contributed to their need to use force? The Ninth Circuit has adopted a "provocation rule" that imposes liability in such a situation.
*1544 We hold that the Fourth Amendment provides no basis for such a rule. A different Fourth Amendment violation cannot transform a later, reasonable use of force into an unreasonable seizure.
I
A
In October 2010, deputies from the Los Angeles County Sheriff's Department were searching for a parolee-at-large named Ronnie O'Dell. A felony arrest warrant had been issued for O'Dell, who was believed to be armed and dangerous and had previously evaded capture. Findings of Fact and Conclusions of Law, No. 2:11-cv-04771 (CD Cal.), App. to Pet. for Cert. 56a, 64a. Deputies Christopher Conley and Jennifer Pederson were assigned to assist the task force searching for O'Dell. Id., at 57a-58a. The task force received word from a confidential informant that O'Dell had been seen on a bicycle at a home in Lancaster, California, owned by Paula Hughes, and the officers then mapped out a plan for apprehending O'Dell. Id., at 58a . Some officers would approach the front door of the Hughes residence, while Deputies Conley and Pederson would search the rear of the property and cover the back door of the residence. Id., at 59a. During this briefing, it was announced that a man named Angel Mendez lived in the backyard of the Hughes home with a pregnant woman named Jennifer Garcia (now Mrs. Jennifer Mendez). Ibid . Deputy Pederson heard this announcement, but at trial Deputy Conley testified that he did not remember it. Ibid.
When the officers reached the Hughes residence around midday, three of them knocked on the front door while Deputies Conley and Pederson went to the back of the property. Id., at 63a. At the front door, Hughes asked if the officers had a warrant. Ibid. A sergeant responded that they did not but were searching for O'Dell and had a warrant for his arrest. Ibid. One of the officers heard what he thought were sounds of someone running inside the house. Id., at 64a. As the officers prepared to open the door by force, Hughes opened the door and informed them that O'Dell was not in the house. Ibid . She was placed under arrest, and the house was searched, but O'Dell was not found. Ibid.
Meanwhile, Deputies Conley and Pederson, with guns drawn, searched the rear of the residence, which was cluttered with debris and abandoned automobiles. Id., at 60a, 65a. The property included three metal storage sheds and a one-room shack made of wood and plywood. Id., at 60a. Mendez had built the shack, and he and Garcia had lived inside for about 10 months. Id., at 61a. The shack had a single doorway covered by a blue blanket. Ibid . Amid the debris on the ground, an electrical cord ran into the shack, and an air conditioner was mounted on the side. Id., at 62a. A gym storage locker and clothes and other possessions were nearby. Id., at 61a. Mendez kept a BB rifle in the shack for use on rats and other pests. Id., at 62a. The BB gun "closely resembled a small caliber rifle." Ibid .
Deputies Conley and Pederson first checked the three metal sheds and found no one inside. Id., at 65a. They then approached the door of the shack. Id., at 66a. Unbeknownst to the officers, Mendez and Garcia were in the shack and were napping on a futon. Id., at 67a. The deputies did not have a search warrant and did not knock and announce their presence. Id., at 66a. When Deputy Conley opened the wooden door and pulled back the blanket, Mendez thought it was Ms. Hughes and rose from the bed, picking up the BB gun so he could stand up *1545 and place it on the floor. Id., at 68a. As a result, when the deputies entered, he was holding the BB gun, and it was "point[ing] somewhat south towards Deputy Conley." Id., at 69a. Deputy Conley yelled, "Gun!" and the deputies immediately opened fire, discharging a total of 15 rounds. Id., at 69a-70a. Mendez and Garcia "were shot multiple times and suffered severe injuries," and Mendez's right leg was later amputated below the knee. Id., at 70a. O'Dell was not in the shack or anywhere on the property. Ibid .
B
Mendez and his wife (respondents here) filed suit under Rev. Stat. § 1976,
After a bench trial, the District Court ruled largely in favor of respondents. App. to Pet. for Cert. 135a-136a. The court found Deputy Conley liable on the warrantless entry claim, and the court also found both deputies liable on the knock-and-announce claim. But the court awarded nominal damages for these violations because "the act of pointing the BB gun" was a superseding cause "as far as damage [from the shooting was] concerned." App. 238.
The District Court then addressed respondents' excessive force claim. App. to Pet. for Cert. 105a-127a. The court began by evaluating whether the deputies used excessive force under
Graham v. Connor,
The Court of Appeals affirmed in part and reversed in part.
The Court of Appeals also adopted an alternative rationale for its judgment. It held that "basic notions of proximate cause" would support liability even without the provocation rule because it was "reasonably foreseeable" that the officers would meet an armed homeowner when they "barged into the shack unannounced."
We granted certiorari. 580 U.S. ----,
II
The Ninth Circuit's provocation rule permits an excessive force claim under the Fourth Amendment "where an officer intentionally or recklessly provokes a violent confrontation, if the provocation is an independent Fourth Amendment violation."
Billington v. Smith,
The provocation rule, which has been "sharply questioned" outside the Ninth Circuit,
City and County of San Francisco v. Sheehan,
575 U.S. ----, ----, n. 4,
The Fourth Amendment prohibits "unreasonable searches and seizures." "[R]easonableness is always the touchstone of Fourth Amendment analysis,"
Birchfield v. North Dakota,
579 U.S. ----, ----,
Our case law sets forth a settled and exclusive framework for analyzing whether the force used in making a seizure complies with the Fourth Amendment. See
Graham,
The reasonableness of the use of force is evaluated under an "objective" inquiry that pays "careful attention to the facts and circumstances of each particular case."
Graham,
The basic problem with the provocation rule is that it fails to stop there. Instead, the rule provides a novel and unsupported path to liability in cases in which the use of force was reasonable. Specifically, it instructs courts to look back in time to see if there was a
different
Fourth Amendment violation that is somehow tied to the eventual use of force. That distinct violation, rather than the forceful seizure itself, may then serve as the foundation of the plaintiff's excessive force claim.
Billington,
This approach mistakenly conflates distinct Fourth Amendment claims. Contrary to this approach, the objective reasonableness analysis must be conducted separately for each search or seizure that is alleged to be unconstitutional. An excessive force claim is a claim that a law enforcement officer carried out an unreasonable seizure through a use of force that was not justified under the relevant circumstances. It is not a claim that an officer used reasonable force after committing a distinct Fourth Amendment violation such as an unreasonable entry.
By conflating excessive force claims with other Fourth Amendment claims, the provocation rule permits excessive force claims that cannot succeed on their own terms. That is precisely how the rule operated in this case. The District Court found (and the Ninth Circuit did not dispute) that the use of force by the deputies was reasonable under Graham. However, respondents were still able to recover damages because the deputies committed a separate constitutional violation (the warrantless entry into the shack) that in some sense set the table for the use of force. That is wrong. The framework for analyzing excessive force claims is set out in Graham . If there is no excessive force claim under Graham, there is no excessive force claim at all. To the extent that a plaintiff has other Fourth Amendment claims, they should be analyzed separately. *
The Ninth Circuit's efforts to cabin the provocation rule only undermine it further. The Ninth Circuit appears to recognize that it would be going entirely too far to suggest that
any
Fourth Amendment violation that is connected to a reasonable use of force should create a valid excessive force claim. See,
e.g.,
Beier v. Lewiston,
Neither of these limitations solves the fundamental problem of the provocation rule: namely, that it is an unwarranted and illogical expansion of
Graham
. But in addition, each of the limitations creates problems of its own. First, the rule includes a vague causal standard. It applies when a prior constitutional violation "created a situation which led to" the use of force. The rule does not incorporate the familiar proximate cause standard. Indeed, it is not clear what causal standard is being applied. Second, while the reasonableness of a search or seizure is almost always based on objective factors, see
Whren v. United States,
The provocation rule may be motivated by the notion that it is important to hold law enforcement officers liable for the foreseeable consequences of all of their constitutional torts. See
Billington,
III
The Court of Appeals also held that "even without relying on [the] provocation theory, the deputies are liable for the shooting under basic notions of proximate cause."
Unfortunately, the Court of Appeals' proximate cause analysis appears to have been tainted by the same errors that cause us to reject the provocation rule. The court reasoned that when officers make a "startling entry" by "barg [ing] into" a home "unannounced," it is reasonably foreseeable that violence may result.
* * *
For these reasons, the judgment of the Court of Appeals is vacated, and the case is remanded for further proceedings consistent with this opinion.
It is so ordered.
Justice GORSUCH took no part in the consideration or decision of this case.
Respondents do not attempt to defend the provocation rule. Instead, they argue that the judgment below should be affirmed under
Graham
itself.
Graham
commands that an officer's use of force be assessed for reasonableness under the "totality of the circumstances."
The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See
United States v. Detroit Timber & Lumber Co.,
Reference
- Full Case Name
- COUNTY OF LOS ANGELES, CALIFORNIA, Et Al., Petitioners v. Angel MENDEZ, Et Al.
- Cited By
- 381 cases
- Status
- Published