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Redon v. Jordan

United States District Court, S.D. California

March 28, 2017

JASON A. REDON, Plaintiff,
v.
BRANDON JORDAN, and ANDRES RUIZ, Defendants.

          ORDER

          WILLIAM Q. HAYES, UNITED STATES DISTRICT JUDGE

         The 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.

         BACKGROUND

         On 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.

         On August 11, 2014, the three remaining Defendants Ruiz, Jordan, and Miller filed an answer to the amended complaint. (ECF No. 24).

         On July 24, 2015, Defendants Ruiz, Jordan, and Miller filed a motion for judgment on the pleadings. (ECF No. 41).

         On 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.

         On June 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).

         On July 25, 2016, Defendants Jordan and Ruiz filed a motion for terminating sanctions. (ECF No. 95).[1]

         On July 26, 2016, Plaintiff filed the Motion to Withdraw Admissions and Strike portions of Defendants' Motion for Summary Judgment. (ECF No. 97).

         On July 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).

         On 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.

         On 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).

         On 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, 105).

         On March 8, 2017, Plaintiff filed a reply to Defendants' response to Plaintiff's Motion to Withdraw Admissions (ECF No. 108).

         FACTS

         May 3, 2011

         On May 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 declaration,

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, [2] 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).

         Officer 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).

         Plaintiff states in ...


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