United States District Court, S.D. California
JASON A. REDON, Plaintiff,
BRANDON JORDAN, and ANDRES RUIZ, Defendants.
WILLIAM Q. HAYES, UNITED STATES DISTRICT JUDGE
matters before the Court are the Motion for Summary Judgment
(ECF No. 83) filed by Defendants, and the Motion to Withdraw
Admissions (ECF No. 97) filed by Plaintiff.
December 23, 2013, Plaintiff filed the amended complaint,
which is the operative pleading. (ECF No. 8). On January 13,
2014, Defendants filed a motion to dismiss for failure to
state a claim. (ECF No. 11). On July 28, 2014, the Court
granted in part and denied in part the motion to dismiss.
(ECF No. 23). The Court dismissed all of Plaintiff's
state law claims, the 42 U.S.C. § 1983 Monell
claim, and all of the claims against Defendants City of San
Diego, City Attorney Jan Goldsmith, and Miriam Milstein.
August 11, 2014, the three remaining Defendants Ruiz, Jordan,
and Miller filed an answer to the amended complaint. (ECF No.
24, 2015, Defendants Ruiz, Jordan, and Miller filed a motion
for judgment on the pleadings. (ECF No. 41).
December 17, 2015, the Court granted in part and denied in
part the motion for judgment on the pleadings. (ECF No. 53).
The Court granted the motion as to Counts 1, 4, 5, 6, and 7
as well as all claims against Defendant Miller. The order
concluded that the remaining claim is Count 3 - “use of
excessive force as to Defendants Brandon Jordan and Andres
Ruiz.” Id. at 17.
20, 2016, Defendants Ruiz and Jordan filed the Motion for
Summary Judgment or, Partial Summary Judgment on the grounds
that the use of force was reasonable and/or did not violate a
clearly established Constitutional Right. (ECF No. 83).
25, 2016, Defendants Jordan and Ruiz filed a motion for
terminating sanctions. (ECF No. 95).
26, 2016, Plaintiff filed the Motion to Withdraw Admissions
and Strike portions of Defendants' Motion for Summary
Judgment. (ECF No. 97).
28, 2016, the Magistrate Judge ordered a response to the
Motion for Terminating Sanctions and ordered that the Motion
for Summary Judgment and Motion to Withdraw Admissions
“shall remain pending until the resolution of the
motion for terminating sanctions.” (ECF No. 98).
January 13, 2017, this Court vacated the order staying
briefing on the Motion for Summary Judgment and Motion to
Withdraw Admissions. (ECF No. 101). The Court ordered that
“[a]ny responses to the Motion for Summary Judgment
(ECF No. 83) and the Motion to Withdraw Admissions and Strike
(ECF No. 97) shall be filed by 2/13/2017. Any replies shall
be filed by 2/27/2017.” Id.
February 13, 2017, Plaintiff filed a response to the
Defendants' Motion for Summary Judgment asserting that
the force used by the Defendant police officers on May 3,
2011 and August 19, 2011 was not reasonable and
constitutionally excessive. (ECF No. 102).
February 27, 2017, Defendants filed a reply to the
Plaintiff's opposition to the Motion for Summary Judgment
and a Declaration in support of the opposition to
Plaintiff's Motion to Withdraw Admissions. (ECF Nos. 104,
March 8, 2017, Plaintiff filed a reply to Defendants'
response to Plaintiff's Motion to Withdraw Admissions
(ECF No. 108).
3, 2011, at approximately 6:12 p.m., San Diego Police
Officers responded to a welfare check at the residence of the
Plaintiff Jason Redon. The police department had received a
call regarding a suicide report from a therapist about the
Plaintiff. The officers arrived at Plaintiff's residence.
Plaintiff answered the door. Plaintiff states in his
I opened the door to find SDPD Officers standing there and
realized they must have been dispatched because of my
Facebook posting. I invited them in to conduct their
investigation, and apologized for the confusion and wasting
their time. The officers talked with me and I openly shared
what I had posted on Facebook,  why I had done it, and explained
I wanted to get back to working on my music. I was not a
threat to myself or anyone else, and can easily care for
myself. I explained it was the best way for me to deal with
what I was experiencing.
(ECF No. 102-11 at 3).
Jordan performed a security check of the residence. Officer
Jordan states in his declaration,
I noticed that there were kitchen knives strategically placed
near the front entrance and a large screwdriver located on a
bookcase near the front door.
I also noticed there was broken glass, marijuana, and a
bottle of pills lying on the table and countertop . . .
During the 10 minute interview, Mr. Redon was visibly
emotionally distraught . . . Mr. Redon admitted he posted
some disconcerting statements on his Facebook account. Mr.
Redon became visibly upset while informing us that he and his
wife, Lauren Redon, had an earlier argument. She left him
taking their small child and dog with her. His emotional
state was rapidly deteriorating as be began crying
uncontrollably and had difficulty expressing himself.
At approximately 6:26 p.m., and due to the nature of the
call, Mr. Redon's deteriorating emotional state, and the
safety of him and the Officers, Officer Siemer instructed Mr.
Redon to turn around and place his hands behind his back so
Officer Siemer could pat him down for weapons. Officer Siemer
also advised Mr. Redon that he was not under arrest, but that
he was going to place him in handcuffs for the officer's
safety. As Officer Siemer grabbed Mr. Redon's hands, Mr.
Redon immediately began to violently pull away from Officer
Siemer's grasp. Officers Vasquez, Siemer, and I struggled
with Mr. Redon for several seconds while attempting to put
him in handcuffs. Mr. Redon resisted by jerking his upper
body, twisting his torso, and widening his stance. Given Mr.
Redon's apparent mental illness, under the influence of a
controlled substance and resistance, Mr. Redon was
potentially armed and dangerous. I grabbed Mr. Redon's
upper body and head in a reverse headlock and placed him on
the ground. Officer Siemer pulled Mr. Redon's right arm
away from his front waist area. Officer Siemer placed one
handcuff on Mr. Redon's right wrist. Officer Vasquez
grabbed Mr. Redon's left arm that was clinched against
his chest and placed it behind Mr. Redon's back. Officer
Siemer placed the other cuff on it. I released the headlock
and Mr. Redon began yelling uncontrollably and attempted to
pull away from Officers Siemer's and Vasquez's
grasps. We explained to Mr. Redon that he was being
transported to the County Mental Health (“CMH”)
facility to be evaluated by the psychiatric staff.
Mr. Redon refused to calm down and became increasingly
uncooperative. Officers Siemer and Vasquez attempted to pick
Mr. Redon up and escort him outside. Mr. Redon began to
violently struggle using his upper torso and legs to pull
away from Officers Siemer's and Vasquez's grasps. Mr.
Redon latched onto the frame of his apartment doorway with
both legs in an effort to prevent these officers from
removing him from the Residence or get away. Officers Siemer
and Vasquez were able to drag Mr. Redon into the hallway.
Officers Siemer and Vasquez directed Mr. Redon back the
ground in a prone position to prevent any injuries to
themselves, Mr. Redon and Officers Natal and Jordan. Officers
Siemer and Vasquez requested my assistance. I picked up Mr.
Redon's feet and Officers Siemer and Vasquez carried Mr.
Redon by his upper body.
At approximately 6:28 p.m., Mr. Redon began to violently
thrash his legs and repeatedly kick at me. I set Mr.
Redon's feet down, grabbed him by his upper body, shirt
and pulled him to the ground incorporating a shoulder pin.
Sergeant Havin was at the scene and provided me with a cord
cuff. I restrained Mr. Redon's legs with a department
approved cord cuff. Sergeant Havin supervised the court cuff
application and ensured the application was consistent with
the SDPD's policies and procedures. Officers Siemer,
Vasquez . And I picked Mr. Redon up and escorted him outside
and placed him inside the rear seat of Officer Vasquez's
patrol car without further incident. Officers Vasquez and
Natal transported Mr. Redon to County Mental Health.
(ECF No. 83-7 at 3-5).
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