Castillo v. Las Cruces Police Department
712 F. App'x 760
| 10th Cir. | 2017Background
- Castillo, a pro se inmate, attacked his mother with a baseball bat and pled guilty to aggravated battery with a deadly weapon in Oct 2013.
- In Mar 2014, Castillo filed a New Mexico Tort Claims Act action in state court asserting reversal of his conviction and various claims including unreasonable search and seizure, false arrest, and sexual abuse during a search incident to arrest.
- Defendants removed the action to the U.S. District Court for the District of New Mexico and the court treated the NM TCA claims as §1983 civil rights claims.
- By 2015, all claims were dismissed except the sexual assault claim against the arresting officer.
- Defendants moved for summary judgment based on qualified immunity after a Martinez Report; Castillo’s claims were ultimately dismissed, and the district court granted summary judgment in Defendants’ favor.
- On appeal, the court applied a firm waiver rule but invoked the interests-of-justice exception to review the merits, affirming the district court’s grant of summary judgment and dismissing the action with prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal is waived for failure to object to the magistrate’s R&R | Castillo alleges mail tampering and seeks review notwithstanding waiver | Waiver applies when no objections were filed | Interests of justice exception applied; review allowed |
| Whether summary judgment was proper on Castillo’s §1983 sexual assault claim | The arresting officer’s conduct was abusive and not reasonable | Search incident to arrest was reasonable; qualified immunity | |
| applies | District court properly granted summary judgment in Defendants’ favor | ||
| Whether §1983 is proper vehicle to challenge criminal conviction | Confinement and sexual abuse during arrest implicate constitutional rights | §1983 does not challenge a criminal conviction itself | Court reaffirmed that §1983 is not the vehicle to attack a criminal conviction, only related civil rights claims |
Key Cases Cited
- Casanova v. Ulibarri, 595 F.3d 1120 (10th Cir. 2010) (firm waiver rule for failure to object to magistrate’s findings; exceptions)
- Duffield v. Jackson, 545 F.3d 1234 (10th Cir. 2008) (interests of justice exception to waiver)
- United States v. Holmes, 727 F.3d 1230 (10th Cir. 2013) (no new arguments on appeal when directed to reversing district court)
- United States v. Crews, 445 U.S. 463 (1980) (unlawful arrest alone not a defense to a valid conviction)
- Nasious v. Robinson, 396 F. App’x 526 (10th Cir. 2010) (mail tampering claims unsupported by evidence; but case acknowledges circulations of filings)