Estate of Jaime Ceballos v. Husk
1:15-cv-01783
| D. Colo. | Jun 1, 2017Background
- On August 30, 2013, Thornton officers responded to a 911 report that Jaime Ceballos was "acting crazy" in his driveway, holding a baseball bat; caller said he might be intoxicated and had threatened her months earlier. Officers arrived and within about one minute Officer William Husk shot and killed Ceballos.
- Multiple officers were on scene approaching from different directions; Husk and Officer Ward issued repeated commands to drop the bat. Testimony conflicts on distances, speeds of approach, whether officers advanced or paused, and timing/effectiveness of a taser deployment.
- Husk later reported seeing a knife; other officers and witnesses did not see a knife until after the shooting. A closed pocketknife was observed after Ceballos was shot.
- Thornton had a voluntary 40-hour Crisis Intervention Training (CIT) program teaching de-escalation; only ~50% of officers were CIT-trained, and CIT was not mandatory. Command and other testimony indicate no mandatory or systematic policy to ensure CIT coverage. Husk was not CIT-trained; Ward was.
- Plaintiffs sued under 42 U.S.C. § 1983 for excessive force (First Claim) and municipal liability for failure to train (Third Claim), alleged an ADA failure-to-accommodate claim (Fourth Claim), and state-law wrongful death against Husk (Fifth Claim). Defendants moved for summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Excessive force / qualified immunity (Husk) | Husk used deadly force unreasonably given conflicting evidence on threat, failure to de-escalate, and officers’ own conduct creating exigency. | Husk argues force was reasonable and he is entitled to qualified immunity. | Denied summary judgment: factual disputes about reasonableness and officers’ conduct preclude immunity. |
| Municipal liability – failure to train (City) | Thornton’s non-mandatory CIT, sparse alternative training, and post‑incident praise demonstrate deliberate indifference to recurring crisis situations. | City contends training/policies sufficient and Husk followed policy to contain threat. | Denied summary judgment: triable issues on deliberate indifference and causal link to constitutional violation. |
| ADA failure-to-accommodate (Thornton) | Plaintiffs contend Ceballos had a qualifying disability and officers failed to accommodate him during emergency response. | Defendants argue lack of evidence Husk knew of any disability or failed to accommodate because of it. | Granted summary judgment for defendants: Plaintiffs failed to show Husk knew of disability or discriminatory accommodation failure. |
| Wrongful death – willful and wanton conduct (Husk, Colorado law) | Plaintiffs argue Hastiness, failure to gather information, no de-escalation, and creating exigency amount to willful and wanton conduct. | Husk invokes statutory immunity unless conduct was willful and wanton. | Denied summary judgment: disputed facts could permit a jury to find willful and wanton conduct. |
Key Cases Cited
- Graham v. Connor, 490 U.S. 386 (U.S. 1989) (Fourth Amendment excessive-force reasonableness test)
- City of Canton v. Harris, 489 U.S. 378 (U.S. 1989) (municipal liability for failure to train requires deliberate indifference)
- Allen v. City of Muskogee, 119 F.3d 837 (10th Cir. 1997) (training failure can establish municipal liability where recurring situations create obvious potential for constitutional violations)
- Sevier v. City of Lawrence, 60 F.3d 695 (10th Cir. 1995) (officer conduct that creates need for force is relevant to reasonableness inquiry)
- Medina v. Cram, 252 F.3d 1124 (10th Cir. 2001) (reckless or deliberate officer conduct immediately connected to seizure considered in excessive-force analysis)
- Maresca v. Bernalillo County, 804 F.3d 1301 (10th Cir. 2015) (qualified immunity less meaningful in excessive-force cases due to overlap with reasonableness inquiry)
- Gohier v. Enright, 186 F.3d 1216 (10th Cir. 1999) (discussing ADA claims in policing context)
- Berry v. City of Muskogee, 900 F.2d 1489 (10th Cir. 1990) (survival action under § 1983 and coexistence of state wrongful-death claims)