Christian Longoria, a single man, on behalf of himself as son of decedent Manuel O. Longoria, on behalf of all statutory beneficiaries of decedent Manuel O. Longoria; Joshua R. Wallace, as the personal representative of the Estate of Manuel O. Longoria; Manuel Longoria, Jr., a single man; Lynnette Longoria, a single woman; P. C. L., a minor, T. A. L., a minor; K. R. L., a minor; Sanisya Lott, a single woman; T. L., a minor; and A. L., a minor, Plaintiffs-Appellants,
Pinal County, a political subdivision of the State of Arizona; Paul R. Babeu, in his official capacity as Sheriff of Pinal County, Arizona; and Heath Rankin, in his individual capacity as a Deputy Sheriff of Pinal County, Arizona, Defendants-Appellees.
and Submitted June 6, 2017 Pasadena, California
from the United States District Court for the District of
Arizona D.C. No. 2:15-cv-00043-SRB Susan R. Bolton, District
B. Robbins (argued), Robbins & Curtin PLLC, Phoenix,
Arizona; Joseph M. Leal III, Cole & Leal, Casa Grande,
Arizona; Darius Bursh, McCain & Bursh PLC, Scottsdale,
Arizona; for Plaintiffs-Appellants.
Nicholas D. Acedo (argued) and Kathleen L. Wieneke, Struck
Wieneke & Love P.L.C., Chandler, Arizona, for
Before: Stephen Reinhardt and Alex Kozinski, Circuit Judges,
and Terrence Berg, [*] District Judge.
panel reversed the district court's grant of qualified
immunity on summary judgment in favor of Pinal County Deputy
Sheriff Heath Rankin and affirmed the dismissal of claims
brought by family members in a 42 U.S.C. § 1983 action
alleging that Rankin used excessive deadly force when he shot
Manuel Longoria in the back and killed him following a car
panel stated that it was required to assess Rankin's
reasonableness in using deadly force against Longoria, who
was unarmed, was surrounded by law enforcement officers, had
been shot by bean bag rounds and a taser, and was in the
process of putting his hands over his head reflexively or in
an effort to surrender. Rankin alleged that when Longoria
turned to raise his hands he threatened him or his fellow
officers with a "shooter's stance." The panel
held that because of the many material, disputed facts in
this case, Rankin's credibility or the accuracy of his
version of the facts was a central question that had to be
answered by a jury. Because there was a material issue of
fact as to whether Rankin violated Longoria's clearly
established constitutional right, defendants were not
entitled to qualified immunity. The panel therefore reversed
the district court's grant of summary judgment and
remanded for a jury to determine whether Rankin's use of
deadly force was lawful.
panel affirmed the district court's dismissal of
Longoria's family-members' § 1983 claims. The
panel held that only Longoria's estate could bring a
§ 1983 for the violation of his Fourth Amendment rights;
his family members had no standing to sue on their own
panel reversed the district court's grant of summary
judgment on plaintiffs' wrongful-death claim brought
under Arizona Revised Statute § 12-611. The panel held
that summary judgment was not appropriate because there was a
material dispute of facts as to whether or not Rankin's
use of deadly force was reasonable.
REINHARDT, Circuit Judge
County Deputy Sheriff Heath Rankin fired two shots into
Manuel Longoria's back and killed him just as he was
raising his hands above his head. Rankin's shots followed
the use of non-lethal force by police officers from the City
of Eloy who were charged with arresting Longoria.
Longoria's estate (hereinafter "Longoria") sued
Rankin under § 1983, the district court held that Rankin
was entitled to qualified immunity and entered summary
judgment in his favor. We reverse and remand for further
over his relationship with the mother of three of his
children, Manuel Longoria stole his brother-in-law's car
and began driving around the city of Eloy, Arizona. Eloy
police officers saw him and initiated a traffic stop, but
Longoria fled and led officers on a chase that lasted for
more than 70 minutes.
Eloy Police Department ("EPD") asked the Pinal
County Sheriff's Office ("PCSO") to be on
"standby" in case Longoria left Eloy's
jurisdiction. PCSO informed its officers that Longoria was
driving a stolen vehicle and (mistakenly) that he was armed.
PCSO Deputy Heath Rankin and his partner, Deputy J. Rice,
joined the pursuit and participated for more than 40 minutes.
the chase, Longoria stopped his vehicle and spoke with the
pursuing officers several times, but continued to ignore
commands to surrender. During one of these stops, Longoria
got out of the car and was seen holding and kissing purple or
dark-colored rosary beads which he held in his hand. During
another, he got out of the car for a brief period and held
his wallet behind his back. EPD Detective Salazar saw that
Longoria was holding a wallet, not a gun, behind his back and
shouted this out to the other officers on the scene. That
information was also dispatched on an EPD radio frequency
that Rankin was monitoring. Rankin maintains that he did not
hear that part of the broadcast.
exhibited other erratic behavior. He threw money and various
objects out of the vehicle while driving and told officers
that he had nothing to live for and wanted to die. Longoria
asked officers to give his money to his family members, and
at times even joked with officers pursuing him that they
would scratch their vehicles if they kept pulling so close to
him. While driving, he waved his hand out of the car,
sometimes making a gun with his fingers and pointing his
fingers at his head as though gesturing for officers to shoot
him. EPD Officer Dean reported over the radio that Longoria
was simulating a gun with his fingers.
Longoria continued to drive, onlookers gathered and he
laughed, pointed, waved, and even flashed a peace sign at
civilians on the streets.
before the chase ended, Pinal County Lieutenant Villegas
ordered Rankin and other Pinal County deputies to stand down
from the pursuit. Rankin heard this command and initially
followed it. Rankin's Sergeant then directed him to form
a perimeter at the intersection of Main and Battaglia
Streets, which he did.
minutes later, Eloy police officers halted the chase by
disabling Longoria's car with a PIT
maneuver. Rankin was standing around the corner
about a half-block away. After hearing the crash, he
abandoned the perimeter, grabbed his assault rifle, and ran
towards the scene, followed by his partner
Rankin was sprinting to the scene, Longoria got out of his
vehicle and stood facing the Eloy officers with one hand
behind his back near the car. Eight officers surrounded him
and drew their guns. Longoria initially did not comply with
police commands to show his hands. Eloy Sergeant Tarrango
shouted for officers to use "less lethal, " or less
than lethal, force at least twice. Other Eloy ...