Maresca v. County of Bernalillo
2015 U.S. App. LEXIS 18425
10th Cir.2015Background
- Maresca family arrested during a daytime felony stop after Fuentes entered the plate into NCIC with a one-digit error.
- NCIC showed a red 2009 stolen sedan, not the Marescas’ red 2004 Ford pickup, and the screen warned to verify status.
- Officers ordered the family out at gunpoint, forced them to lie on the ground, and handcuffed several family members.
- Family argued the stop violated Fourth Amendment rights (unlawful arrest) and excessive force; district court denied some motions and granted others on qualified immunity.
- Court holds: Fuentes lacked probable cause for arrest; Grundhoffer had qualified immunity based on reliance on Fuentes; genuine disputes on use of force preclude summary judgment on excessive force; remand for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for arrest of Marescas | Marescas | Fuentes | Arrest lacked probable cause; Fuentes not immune |
| Qualified immunity for Grundhoffer | Marescas | Fuentes' information relied on; Grundhoffer | Grundhoffer entitled to qualified immunity |
| Excessive force during arrest | Marescas | Fuentes/Grundhoffer | Factual disputes preclude summary judgment; jury to resolve use of force |
| Firearm display at family members | Marescas | Disputed | Fact disputes; no summary judgment for any party on this claim |
| Overall liability on §1983 claims | Marescas | Fuentes/Grundhoffer | Partial reversal/remand; unresolved issues to proceed to trial on liability and damages |
Key Cases Cited
- Cortez v. McCauley, 478 F.3d 1108 (10th Cir. 2007) (established framework for clearly established rights and reasonableness of actions)
- Tolan v. Cotton, 134 S. Ct. 1861 (U.S. 2014) (two-pronged qualified-immunity inquiry; de novo review on summary judgment)
- Beck v. Ohio, 379 U.S. 89 (1964) (probable cause standard; totality of circumstances)
- Melendez-Garcia, 28 F.3d 1046 (10th Cir. 1994) (felony stop constitutes arrest where applicable factors present)
- Holland ex rel. Overdorff v. Harrington, 268 F.3d 1179 (10th Cir. 2001) (use of force against children; heightened scrutiny when at gunpoint)
- Graham v. Connor, 490 U.S. 386 (U.S. 1989) (reasonableness standard for excessive force in arrests)
- Buck v. City of Albuquerque, 549 F.3d 1269 (10th Cir. 2008) (reasonableness of force as jury question; factors to consider)
- Baptiste v. J.C. Penney Co., 147 F.3d 1252 (10th Cir. 1998) (reasonable investigation of readily available exculpatory evidence)