C. B. v. City of Sonora

BACKGROUND

A. C.B.’s Handcuffing and Removal from School

At the time of the events at issue in this case, C.B. was taking medication for attention-deficit and hyperactivity disorder; the medication helped C.B. focus and not get too easily distracted. On Monday, September 29, 2008, C.B. forgot to take his medication before going to school, and he proceeded to have a difficult day. Sometime during the first three periods, after one of the breaks, a broadcast on the handheld transceivers (“walkie talkies”) used by school personnel indicated that C.B. had not returned to class. Karen Sinclair, a physical education (“P.E.”) instructor and the disciplinarian for Sonora Elementary School, who is generally called “Coach,” assisted in getting C.B. back to class before going to teach her own class. Later that morning, around 11:20 a.m., Kerri McCluskey, the school counselor, brought C.B. to Coach Sinclair’s office, and indicated that C.B. needed to be there for a while. After having a brief conversation with Coach Sinclair about his “rough day,” C.B. went behind a barrier in the room to have some quiet time. About twenty minutes later, C.B. told Coach Sinclair that he was ready to return…

This case involves a verdict form and protracted unscripted discussions between the district judge and the jurors that were so confusing and potentially misleading as to require a new trial. This case arises out of the handcuffing and removal from school of then eleven-year-old C.B. by Sonora Police officers. Trial proceeded against City of Sonora, Sonora Chief of Police Mace McIntosh, and Sonora Police Officer Harold (Hal) Prock on four claims: false imprisonment and intentional infliction of emotional distress (“IIED”) under state law, and unlawful seizure and excessive force under 42 U.S.C. § 1983 . The jury rendered a verdict ostensibly in favor of defendants, but the district court concluded that the verdict was incomplete and inconsistent and, after extensive extemporaneous colloquies with the jurors, directed them to re-deliberate. The jury eventually returned a verdict in favor of C.B. Defendants unsuccessfully moved for judgment as a matter of law, a new trial, or remitti-tur, and now appeal. We hold that defendants are entitled to a new trial, and that individual defendants McIntosh and Prock are entitled to qualified immunity on the two federal claims.

*819…

concurring in part and dissenting in part:

I concur in the majority’s decision to remand this case for a new trial. I also concur in the remand of the state law claims. I respectfully dissent from Part B, which holds that Officers McIntosh and Prock are entitled to qualified immunity on C.B.’s Fourth Amendment claims. The facts demonstrate that C.B.’s prolonged detention was unconstitutional. In light of existing precedent, the district court did not err in denying the motion for judgment as a matter of law premised on qualified immunity.

Three police officers arrived at the playground of Sonora Elementary School in response to a dispatch reporting an “out of control juvenile.” Upon arrival, the officers found C.B., an 80-pound 11-year-old child, seated calmly and silently on a bench, staring at the ground. A school official whispered “Runner. No medicine.” and made corresponding hand gestures to the officers, but did not explain what medicine C.B. had failed to take or what it meant to be a “runner.” Indeed, some of his medicines were at the school, though no one bothered to check. Based on this meager information, without making further inquiries, and after no more than five…