Parker v. City of Long Beach
563 F. App'x 39
2d Cir.2014Background
- On Nov. 4, 2010, Jesse B. Parker was seized and arrested by Long Beach Police after officers allegedly mistook him for his younger brother, Antonio Webb, a suspect in an armed robbery investigation.
- Webb was the primary suspect and was later arrested and pled guilty in connection with the robbery.
- Officers relied on their view that Parker resembled Webb; Parker disputes the officers’ characterizations, saying similarity was limited to race only. The record contains conflicting affidavits and two low-quality photos.
- District court granted summary judgment for the City, LBPD, and individual officers on Parker’s § 1983 claims for false arrest, excessive force, and municipal (Monell) liability, concluding Parker’s detention did not ripen into an arrest and officers had at least arguable reasonable suspicion.
- On appeal, the Second Circuit held the detention was an arrest (so arguable probable cause was required), found genuine disputes of material fact about resemblance requiring view of evidence in Parker’s favor, and vacated and remanded as to Detectives Bulik and Azueta for the false-arrest/qualified-immunity question.
- The court affirmed qualified immunity for Detective-Lieutenant Canner and Sergeant Hayes and affirmed dismissal of Parker’s excessive-force and Monell claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Parker’s seizure was an arrest (so probable cause needed) | Parker: seizure was an arrest requiring arguable probable cause | Defendants/District Ct: detention did not constitute an arrest; only reasonable suspicion needed | Court: seizure was an arrest; probable cause standard applies |
| Whether officers had qualified immunity for false arrest given disputed resemblance | Parker: disputed facts about facial similarity preclude immunity; evidence must be viewed for Parker | Defendants: officers reasonably relied on resemblance; affidavits support arrest | Court: genuine dispute about resemblance; vacated qualified immunity for Bulik and Azueta and remanded; Canner and Hayes entitled to immunity |
| Whether force used was excessive (qualified immunity) | Parker: officer slammed him and another choked him for three seconds | Defendants: Parker fled and officers reasonably believed they were confronting armed suspect (Canner’s radio), so force was reasonable | Court: affirmed qualified immunity for force claims — reasonable officers could disagree about excessiveness |
| Whether City liable under Monell for policy or failure to train | Parker: actions reflect municipal policy/failure to train or were attributable to a policymaker | Defendants: isolated incident, no municipal policy or deliberate indifference shown | Court: affirmed dismissal — no municipal policy/failure to train or policymaker attribution established |
Key Cases Cited
- Zellner v. Summerlin, 494 F.3d 344 (2d Cir. 2007) (on crediting witness statements and viewing evidence for nonmoving party)
- Grain Traders, Inc. v. Citibank, N.A., 160 F.3d 97 (2d Cir. 1998) (summary judgment standard; draw inferences for nonmoving party)
- Lennon v. Miller, 66 F.3d 416 (2d Cir. 1995) (qualified immunity standard where reasonable officers could disagree)
- Malley v. Briggs, 475 U.S. 335 (U.S. 1986) (objective reasonableness for qualified immunity)
- Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (U.S. 1978) (municipal liability requires policy, custom, or failure to train)
- Connick v. Thompson, 563 U.S. 51 (U.S. 2011) (failure-to-train liability requires deliberate indifference)