Carter v. City of Carlsbad
799 F. Supp. 2d 1147
S.D. Cal.2011Background
- Carter, with companions, was denied entry to the Coyote Bar & Grill and walked away intoxicated on Halloween night 2009.
- Carter was heavily intoxicated; BAC later measured at .15 about an hour after the incident.
- Carlsbad Police Officers Meritt and Cpl. R. Galanos approached the group as Carter argued and appeared agitated.
- Officer Meritt deployed a Taser in dart mode after Carter allegedly failed to comply with verbal commands; Carter was tasered from about 10–15 feet away.
- Carter suffered a skull fracture from hitting the sidewalk after the taser cycle; he incurred long-term injuries; he was charged and pled to public intoxication.
- Plaintiff filed a First Amended Complaint asserting §1983 claims for excessive force and training/supervision, plus state-law claims for battery, negligence, and §52.1; City and Meritt moved for summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Excessive force under §1983 against Meritt | Carter’s conduct was not a clear threat; the tasing was excessive | Meritt reasonably believed Carter posed a threat and could be tasered | Genuine issues of material fact preclude summary judgment on reasonableness |
| Qualified immunity for Meritt | Right was clearly established; taser use was unlawful | Before Bryan, taser in dart mode not clearly established as unlawful | Meritt entitled to qualified immunity; summary judgment granted on excessive force claim to the extent based on qualified immunity |
| Failure to supervise — §1983 against City | City’s supervisory failures allowed improper use of force | No evidence of a City policy or widespread practice | Failure to supervise claim is granted summary judgment for City |
| Failure to train — §1983 against City | City custom issued tasers to untrained officers; deliberate indifference | Officers trained; evidence insufficient of City policy causing injury | Summary judgment granted for City on failure to train; no direct causal link shown |
| State-law battery and negligence | Unreasonable force under Fourth Amendment applies to state law | Qualified immunity does not apply to state-law claims; City immune under Gov. Code §815.2 not applicable here | Battery: denied as to both; Negligence: denied as to both; §52.1: denied as to both |
Key Cases Cited
- Graham v. Connor, 490 F.3d 386 (U.S. Supreme Court 1989) (unreasonable seizure standard for police use of force)
- Bryan v. MacPherson, 630 F.3d 805 (9th Cir. 2010) (relevant to intermediate force and clearly established law for taser use)
- Canton v. Harris, 489 U.S. 378 (U.S. 1989) (deliberate indifference standard for failure to train)
- Monell v. Dept. of Social Servs., 436 U.S. 658 (U.S. 1978) (municipal liability for official policy or custom)
- Blankenhorn v. City of Orange, 485 F.3d 463 (9th Cir. 2007) (standard for municipal liability in failure-to-train context)
- Cousins v. Lockyer, 568 F.3d 1063 (9th Cir. 2009) (federal qualified immunity does not apply to §52.1 claims)