Mason v. United States

MEMORANDUM **

This is an appeal of the district court’s grant of summary judgment in favor of D efendant-App ellee Xochitle Felix and denial of Plaintiff-Appellant Cherry Mason’s Fed.R.Civ.P. 56(f) motion for continuance of summary judgment in a wrongful death suit against a law enforcement officer. We affirm with respect to both issues.

On February 3, 2000, Xochitle Felix, a U.S. Border Patrol Agent, was working with the San Diego Police Department on a narcotics task force. Her duties included enforcing federal immigration laws with respect to criminal alien arrestees and providing support, as necessary to the task force.

At about 8:00 p.m., Agent Felix was taking Sonserra Holloway and a second female arrestee to the Mid-City Police Station for booking and detention. The two had been arrested for drug-related charges and were both handcuffed in the back seat of Agent Felix’s patrol car. On the way to the police station, Holloway began kicking the rear window of the squad car. Agent Felix pulled the car over to calm Holloway. Once the patrol car was stopped, Holloway shattered the car’s rear door window. Holloway was able to free one of her hands from the handcuffs and…