Assigned To: Grant Murray Snow
Date Filed: Jan. 17, 2017
Date of Last Known Filing: June 26, 2019
Cause: 42:1983 Civil Rights Act
Nature of Suit: 440 Civil Rights: Other
Jury Demand: Both
On January 18, 2016, Daniel Shaver, a resident of Texas, was visiting Arizona and staying at a La Quinta Inn & Suites in Mesa. Mr. Shaver worked as a pest eradication specialist and was in Arizona on business. Mr. Shaver's job required him to carry pellet rifles and Mr. Shaver kept those in his hotel room to prevent theft. In the evening, Mr. Shaver ordered a pizza to his room and invited two other La Quinta guests, Monique Portillo and Luis Nunez, into his room to socialize.
At some point, a member of the La Quinta hotel staff placed a call to 911, reporting that someone had told staff of an individual pointing a gun out of a hotel window. After receiving the report, Leticia Jimenez, a front desk employee, went outside to determine which hotel room was at issue. Ms. Jimenez was able to identify the room as Mr. Shaver's. Ms. Jimenez went up to Mr. Shaver's room, and saw a Hispanic male with a rifle in his hands. Because Ms. Jimenez was acquainted with Mr. Shaver, she knew that the individual holding the rifle was not Mr. Shaver.
By 9:15 p.m., multiple Mesa Police Department ("MPD") officers arrived at the La Quinta hotel. These officers included the Defendants Philip Brailsford, Charles Langley, Christopher Doane, Richard Gomez, Brian Elmore, and Bryan Cochran. Sergeant Langley was the senior responding officer and was in command of the other officers at the scene. At Sergeant Langley's direction, the MPD team moved up to Mr. Shaver's room. The MPD officers did not speak with La Quinta employees about the situation before doing so.
An MPD officer called Mr. Shaver's room and told the inhabitants to exit the room into the hallway. Mr. Shaver and Ms. Portillo did so immediately (Mr. Nunez had left the room prior to MPD's arrival). After entering the hallway, Sergeant Langley stated "Alright, if you make another mistake, there's a very severe possibility you're both going to get shot." When Mr. Shaver attempted to speak, Sergeant Langley said "This is—shut up. I'm not here to be tactful and diplomatic with you. You listen, you obey." Sergeant Langley then asked Mr. Shaver to place his hands on the back of his head and interlace his fingers. Mr. Shaver did so. Next, Sergeant Langley instructed Mr. Shaver to cross his left foot over his right foot. Mr. Shaver did so. Sergeant Langley told Mr. Shaver "If you move, we're going to consider that a threat and we are going to deal with it and you may not survive it."
The MPD officers worked to take Ms. Portillo into custody. Ms. Portillo had a purse, and was instructed by the officers to leave the purse in the hallway as she crawled towards the officers to be handcuffed. Sergeant Langley told Mr. Shaver to move into a kneeling position. This change in position caused Mr. Shaver to uncross his legs, which resulted in an immediate reaction and instruction from Sergeant Langley that Mr. Shaver was to keep his legs crossed. Mr. Shaver moved to put his hands behind his head, a movement which also elicited a response from Sergeant Langley. In response, Mr. Shaver began crying, asking the officers not to shoot him, and responding to the officers' requests with "yes sir." Sergeant Langley told Mr. Shaver to begin crawling towards the officers, which required Mr. Shaver to crawl over Ms. Portillo's purse. While doing so, Mr. Shaver's athletic shorts began falling down. Mr. Shaver reached backwards towards his pants. At the sight of Mr. Shaver's movement, Officer Brailsford fired five shots from his AR-15. Mr. Shaver died as a result of the shooting. After the shooting, Officer Brailsford was fired from the MPD force and Sergeant Langley took an early retirement from the MPD. Officers Cochran, Doane, Elmore, and Gomez remain employed by MPD.
Mr. Shaver's wife, Laney Sweet, filed an action on behalf of herself, her minor children (E.S. and N.S.), and Mr. Shaver's estate. Mr. Shaver's parents, Grady and Norma Shaver, filed an action on behalf of themselves. Both sets of plaintiffs sued the City of Mesa and the individual officers at the scene of Mr. Shaver's death. The various defendants now move to dismiss portions of both the Sweet and the Shaver complaints.
I. Legal Standard
II. Analysis
A. The Sweet Complaint
The Court has dismissed various claims against the Defendants that are duplicative, barred by statute, and where the facts in the Complaint fail to state a claim for relief.
IT IS THEREFORE ORDERED that the Motions to Dismiss of Defendant Langley (Docs. 77, 78), Defendant City of Mesa, Doane, Elmore, Cochran, and Gomez (Docs. 81, 83), and Defendant Brailsford (Docs. 82, 84) are GRANTED IN PART AND DENIED IN PART as follows:
1. Count One of the Sweet Complaint REMAINS as to all Defendants. Punitive damages claims are DISMISSED as to Defendants Langley, Brailsford, Cochran, Doane, Elmore, and Gomez.
2. Count Three of the Sweet Complaint REMAINS as to Defendant City of Mesa (in its official capacity) and Defendants Langley, Brailsford, Doane, Cochran, Elmore, and Gomez (in their individual capacities).
3. Count Four of the Sweet Complaint is DISMISSED WITHOUT PREJUDICE.
4. Count Five of the Sweet Complaint is DISMISSED WITHOUT PREJUDICE.
5. Count Six of the Sweet Complaint REMAINS as to all Defendants for claims by Laney Sweet, E.S., and N.S. Count Six of the Sweet Complaint is DISMISSED as to Defendants City of Mesa, Elmore, Doane, Cochran, Gomez, Langley and Brailsford for claims by the Estate of Daniel Shaver.
6. Count Seven of the Sweet Complaint is DISMISSED as to all Defendants.
7. Count Eight of the Sweet Complaint is DISMISSED as to all Defendants.
8. Count One of the Shaver Complaint is DISMISSED as to Defendants, Cochran, Doane, Elmore, and Gomez. Count One of the Shaver Complaint REMAINS as to Defendants City of Mesa, Langley, and Brailsford.
9. Count Two of the Shaver Complaint is DISMISSED as to Defendants Langley, Brailsford, Cochran, Doane, Elmore, and Gomez in their official capacity. Count Two of the Shaver Complaint REMAINS as to Defendant City of Mesa.
10. Count Three of the Shaver Complaint REMAINS as to Defendants Langley, Brailsford, Cochran, Doane, Elmore, and Gomez.
Dated this 1st day of June, 2018.
/s/_________
Honorable G. Murray Snow
United States District Judge
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