Cristina Paulos v. Las Vegas Metro. Police Dept.
685 F. App'x 581
| 9th Cir. | 2017Background
- Paulos sued Las Vegas Metropolitan Police Dept. (LVMPD) and Officers Baca, Von Goldberg, and Swan after officers kept her on hot asphalt for ~2 minutes 40 seconds; she did not tell officers the pavement was hurting her.
- District court granted summary judgment for defendants, who asserted qualified immunity; Paulos appealed.
- Ninth Circuit reviews de novo the grant of summary judgment and qualified immunity determinations.
- Court applied the two-step excessive-force/qualified-immunity framework but exercised discretion to decide only whether the right was clearly established.
- Court found no controlling Supreme Court or Ninth Circuit authority clearly establishing that the conduct (keeping a suspect on hot asphalt for that duration when she did not complain) constituted excessive force.
- Paulos’s Monell claim (municipal liability) failed for lack of evidence of a policy or pattern of similar constitutional violations; failure-to-discipline alone did not show ratification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers used excessive force such that qualified immunity is defeated | Paulos: keeping her on hot asphalt after backup arrived was excessive force causing injury | Officers: conduct did not clearly violate the Constitution; no notice the pavement was causing harm | Held: Not clearly established that this conduct violated the Constitution; qualified immunity applies |
| Whether LVMPD is liable under Monell for unconstitutional policy/practice | Paulos: LVMPD had a pattern or ratified misconduct allowing constitutional violation | LVMPD: no evidence of a pattern; mere failure to discipline is insufficient for ratification | Held: Monell claim fails for lack of evidence of similar incidents or ratification |
Key Cases Cited
- C.F. ex rel. Farnan v. Capistrano Unified Sch. Dist., 654 F.3d 975 (9th Cir. 2011) (standard of review for qualified immunity at summary judgment)
- Saucier v. Katz, 533 U.S. 194 (2001) (two-step qualified immunity framework)
- Pearson v. Callahan, 555 U.S. 223 (2009) (courts may decide qualified immunity steps in any order)
- Plumhoff v. Rickard, 134 S. Ct. 2012 (2014) (right must be clearly established such that reasonable official would know conduct violated it)
- Alexander v. County of Los Angeles, 64 F.3d 1315 (9th Cir. 1995) (contrasting fact pattern where repeated requests about handcuffs supported claim)
- Howard v. Kansas City Police Dept., 570 F.3d 984 (8th Cir. 2009) (example where persistent, specific complaints supported excessive-force claim)
- Connick v. Thompson, 563 U.S. 51 (2011) (Monell requires pattern of similar constitutional violations)
- Sheehan v. City & County of San Francisco, 743 F.3d 1211 (9th Cir. 2014) (failure to discipline alone does not prove ratification)