Case details

Park rangers unlawfully arrested and searched camper: suit

SUMMARY

$195000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
emotional distress, knee pain, mental, psychological, sexually assaulted
FACTS
On July 26, 2011, plaintiff Michelle Mazzetti, a college student in her 20s, was with a group at Yosemite National Park, where they stayed for days before having to change campsites. As a result, the group went down to the river while they waited to access their new campsite. When they later left the river, a few members of the group drove their cars filled with supplies back to their new campsite while Mazzetti walked. Desk officers at the park complained that a male in Mazzetti’s group had driven too quickly through the campground and that another male was riding outside the vehicle, on the spare tire. As a result, Yosemite Park Rangers Chris Bellino and David Sanchez went to the new campsite where Mazzetti’s group was now staying and had everyone sit at a picnic bench. However, Mazzetti initially just leaned against the table. After one of the men in the group admitted that he was the driver of the vehicle in question, Mazzetti told the rangers that she had walked to the campsite and had not been in the vehicle, which was confirmed by the male driver. Mazzetti then moved a few feet away from the picnic table. As a result, Bellino and Sanchez both ordered Mazzetti to sit down. Mazzetti then tried to squat down to lean on a tree that was a few feet from the picnic table and said, “Can I sit right here? I’m not part of this. I don’t understand why you are doing this to me.” In response, the rangers ordered her to sit down at the picnic table, and Bellino allegedly threatened to put Mazzetti in handcuffs. When Mazzetti again protested that she was not part of what was being investigated, Sanchez put down a chair and ordered Mazzetti to, “Sit down in that chair and don’t get up.” The group then began explaining who was and was not in the vehicles. While seated in the chair, Mazzetti once again explained that she was not part of the incident, and the male driver again explained that Mazzetti had walked up from the river. However, the rangers allegedly told them that they were not interested in who was in the vehicles. In response to the group all attempting to explain who was in the vehicles, Bellino said, “I need your identification, everybody shut up.” Mazzetti then got up from the chair. Bellino subsequently ordered her to “sit down” and grabbed her arm. When Mazzetti pulled away, she was then grabbed by Sanchez, who placed her arm in a stress position. Bellino then pulled his Taser and pointed it at Mazzetti, who sat back down in the chair. He then chastised Mazzetti for not doing what he had told her to do, and ordered her to get on her knees. However, Mazzetti refused and remained seated in the chair. She then complained about her treatment, saying, “I come here on vacation and now I’m being manhandled by some rental cops.” Sanchez explained that they were federal officers and chastised Mazzetti for not complying with their orders. Bellino and Sanchez then wrote down everyone’s names and dates of birth, and Sanchez called the names into dispatch. In response to Bellino’s request for another unit, Yosemite Park Ranger Brendan Bonner arrived. Bellino conferenced with Bonner and told him what had happened with Mazzetti. He also described Mazzetti and the others as “uncooperative.” Ultimately, Bellino and Bonner agreed to handcuff Mazzetti and take her to jail. As a result, they segregated Mazzetti from the group and walked her over to a ranger vehicle. Ranger Michael Hastings then arrived and assisted Bonner and Bellino in restraining and handcuffing Mazzetti, who verbally protested being handcuffed. Bellino then asked if there was a female ranger on duty, to which Bonner responded that one would be on duty “shortly.” Bellino and Bonner sent another ranger, Aaron Smith, back to guard the group at the picnic table while they moved Mazzetti to do a search from behind the vehicle. Bonner and Bellino then searched Mazzetti’s hair, and ordered her to open her mouth and lift her tongue so they could look inside. Next, Bellino told Mazzetti that he had to search her breasts. However, Mazzetti told them not to search her breasts, started screaming, and complained that the rangers were hurting her as she was placed in a stress position while the rangers performed the search. Bellino then told Mazzetti that he was going to search her “crotch” and “groin,” but Mazzetti screamed in protest. As a result, she was taken to the ground, and the rangers grabbed her thighs and bare knees to pry her legs apart to search the area of near her groin. During the incident Mazzetti continued to scream. The rangers ultimately removed Mazzetti’s shoes and locked her in the back of the ranger vehicle. Bonner then drove her to the Yosemite jail. The entire incident was recorded on video recorders attached to the rangers’ uniforms. Mazzetti was prosecuted by the Department of Interior for allegedly interfering with a government officer engaged in official business, violating a lawful order, and making unreasonable noise as she screamed while she was being searched. On Feb. 16, 2012, the criminal matter was tried before the U.S. District Court for the Eastern District of California, and the judge ruled that the rangers had violated Mazzetti’s civil rights. As a result, the judge threw out all of the charges against Mazzetti, except for a minor charge of disturbing the peace for allegedly continuing to scream after being locked in the rangers’ vehicle. However, that charge was later dropped by the U.S. Government when Mazzetti filed an appeal. On July 19, 2013, Mazzetti filed a civil action against the rangers, Bellino, Sanchez, Bonner, Hastings and Smith. Mazzetti alleged that the rangers violated her Fourth Amendment rights to be free of unreasonable search and seizure when they unlawfully detained her without reasonable suspicion that she had committed a crime and when they unlawfully arrested her without probable cause. She also alleged that the rangers sexually assaulted her in order to teach her a lesson through humiliation and denigration. In addition, she alleged that the rangers’ filed false police reports, which resulted in malicious prosecution claims that were upheld by the court in response to a Federal Rule of Civil Procedure § 12(b)(6) motion. Mazzetti allegedly elected to pursue her claims against the rangers individually, under the Supreme Court’s precedent of Bivens v. Six Unknown Name Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971). She did not file suit against the federal government or against the rangers in their official capacities. (According to plaintiff’s counsel, one advantage of filing a suit that way was that Mazzetti would be entitled to have a jury decide the matter. However, according to defense counsel, Mazzetti did initially state in court filings that she intended to pursue a lawsuit against the United States, but that she did not do so because of the weakness of her case.) Hastings and Smith were ultimately dismissed with prejudice, after defense counsel moved to dismiss. Mazzetti claimed that although she was not part of the incident, as she was not in the vehicle being investigated, Bellino and Sanchez accused her of being uncooperative, restrained and handcuffed her, jailed her, and filed false reports about her. Plaintiff’s counsel contended that although the park’s desk officers complained about a male in Mazzetti’s group having driven too quickly through the campground and about another male riding outside the vehicle on or near the spare tire, none of the complaints included any claims that any women had broken any laws. Counsel also contended that Mazzetti’s group was cooperative and that no disorderly conduct was occurring when Bellino and Sanchez arrived. Counsel further contended that Bellino and Sanchez knew that they were not investigating a felony or even a Class-A misdemeanor and that Bellino later admitted that the rangers did not have any reason to suspect that Mazzetti had a criminal history, was armed, or dangerous. In addition, plaintiff’s counsel contended that a male in the group promptly confessed to driving the vehicle within the first two minutes of contact, that both the driver and Mazzetti told the rangers that Mazzetti had walked to the campsite and had not been in the vehicle, and that Bellino admitted during the criminal trial that the rangers were told that Mazzetti was not in the vehicle being investigated. Mazzetti claimed that although the rangers ordered everyone to sit at the picnic table, there was no room for her to sit there, so she initially leaned against it. However, she claimed she became uncomfortable and moved a few feet away from the table to make herself more comfortable and so she would not be standing between Bellino and the driver while they were talking. Bellino and Sanchez then both ordered Mazzetti to sit down. Mazzetti claimed that as a result, she tried to squat down to lean on a tree where she was, just a few feet from the picnic table, but the rangers continued ordered her to sit down at the picnic table. She also claimed that Bellino threatened to put her in handcuffs while she protested that she was not part of what was being investigated. She alleged that after she sat in the chair that Sanchez put down and ordered her to sit in, the group again began explaining who was and was not in the vehicles, but the rangers told them that they were not interested in who was in the vehicles. Mazzetti claimed that when Bellino eventually asked to see everyone’s identification, she got up from the chair and said, “I’m going to get my identification.” However, she claimed that in response, Bellino ordered her to “sit down” and grabbed her arm. Mazzetti claimed that she then pulled away from Bellino’s illegal hold and was grabbed by Sanchez, who placed her arm in a stress position while Bellino pulled his Taser and pointed it at her. Mazzetti further claimed that when she was ordered to get on her knees, she refused to do so and remained seated in the chair because she was complaining about her treatment. Plaintiff’s counsel asserted that Bellino made pronouncements to a nonviolent group of people, who were seated at a picnic table wearing bathing suits, and who were not suspected of any crimes, even though he was only investigating one person who had allegedly driven too fast through the campground. Counsel contended that some of Bellino’s pronouncements included, “People who don’t do what we tell them to do get arrested and go to jail. Whether you did anything wrong before that doesn’t matter.” Counsel also contended that Sanchez defended Bellino’s actions and chastised Mazzetti for not complying with the unlawful orders. Counsel further contended that Mazzetti calmly told Bellino her name, date of birth, and driver’s license number so that they could be written down and that Mazzetti sat calmly in the chair while the names were called into dispatch. However, plaintiff’s counsel asserted that when another unit arrived at the scene, Bellino told Bonner that Mazzetti had stood up and “Didn’t sit back down for us till we made her uncomfortable.” Counsel also contended that Bellino described Mazzetti and the others as “uncooperative” even though the group remained at the picnic table, had provided their names and addresses, and had admitted to who was operating the subject vehicle. Counsel noted that, in response, Bonner suggested arresting Mazzetti for “interference or something like that.” Counsel also noted that Bellino responded, “I’m going to go with something. I don’t know what yet,” but then admitted that he didn’t know “if it [was] worth arresting her over it.” In addition, plaintiff’s counsel noted that the video showed Bonner asking, “Has [Mazzetti] been cooperative since?” and that Bellino admitted, “She has been cooperative since.” Counsel further noted that the video showed Bonner smiling and laughing during the discussion, and that Bellino and Bonner ultimately agreed to handcuff Mazzetti and take her to jail. Plaintiff’s counsel maintained that when Bellino and Bonner segregated Mazzetti from the group and walked her over near a ranger vehicle, Mazzetti verbally protested being handcuffed, but she did not physically resist or try to strike the rangers. Counsel contended that, instead, Mazzetti kept asking, “Why are you arresting me?” Plaintiff’s counsel contended that Bellino and Bonner then began to taunt and touch Mazzetti and that instead of patting Mazzetti’s hair, they poked it with a pen and ran their fingers through it. Counsel also noted that when the officers ordered Mazzetti to open her mouth and lift her tongue so that they could look inside, Mazzetti did so. However, plaintiff’s counsel asserted that when Bellino told Mazzetti that he had to search her breasts, Mazzetti told them not to and started screaming. Counsel noted that, at the time of the incident, Mazzetti was wearing wet, tight jean-shorts; a bra; and a sleeveless t-shirt. Thus, counsel asserted that there was no place for Mazzetti to hide a weapon, but that the officers performed one anyway and that when Mazzetti complained, they placed her in a stress position and groped her breasts. As a result, Mazzetti complained that the rangers were hurting her; screamed, “Help! They’re touching my breasts!;” and screamed for assistance and to make the rangers stop. Plaintiff’s counsel further contended that Bellino then told Mazzetti that he was going to search her “crotch” and “groin,” and that Mazzetti was taken to the ground. Counsel noted that the video showed the rangers grabbing Mazzetti’s thighs and bare knees to pry her legs apart to touch her groin and that Mazzetti was screaming in protest, fear, humiliation, and pain. Plaintiff’s counsel maintained that once Mazzetti was driven to the Yosemite jail, Bellino, Bonner, and Sanchez wrote reports that omitted crucial facts and made false statements. Counsel asserted that Bellino’s report was drafted to make it appear as if the entire group had been in the vehicles and were shouting profanities, and the fact that both Bellino and Sanchez knew that Mazzetti was not in a vehicle was left out of both of their reports. Counsel also asserted that the fact that the driver of the subject vehicle confessed during the first minutes of contact with the rangers was also not included in either report. In addition, counsel asserted that neither of the rangers’ reports included that Mazzetti had gotten up in response to Bellino’s statement that he needed her identification and that even though Bellino and Sanchez wrote down in the names, addresses, and birth dates of all of the people at Mazzetti’s campsite, none of those witnesses’ were identified in either of the reports, and no statements were obtained from them. Thus, plaintiff’s counsel asserted that Bellino’s report falsely described the initial contact with Mazzetti and the other people at her campsite as “uncooperative, argumentative, and hostile,” despite the video showing that they all went to the picnic area as instructed, they all sat at the picnic area as instructed, and no one was “hostile” or in any way threatening. Counsel also asserted that Bellino’s report also claimed that “the group progressively became more uncooperative, more argumentative, and more hostile,” despite the video clearly showing that the group was sitting at the picnic table answering questions and that Mazzetti was merely questioning her detention. In addition, plaintiff’s counsel asserted Bellino made statements in his report claiming that the campers’ “level of hostility” was so high that he “elected to await the arrival of additional units before [he] handcuffed Mazzetti” even though the video showed that Mazzetti’s actions were not worth arresting her over, as Bellino had originally stated to Bonner. As to Bonner’s report, plaintiff’s counsel asserted that Bonner’s report left out that Bellino had told him that since the incident, Mazzetti had been cooperative and that nothing occurred between the time that Bellino expressed doubt about having probable cause to arrest Mazzetti and the time that he and Bellino removed her from the group to be handcuffed. Counsel further asserted that Bonner’s report made unsupported allegations about the rest of Mazzetti’s party becoming “increasingly hostile” and stated that Mazzetti kicked at him and Bellino before she was told they were going to search her breasts, a statement that was directly contradicted by the video evidence. Defense counsel disputed Mazzetti’s contentions, and asserted that Mazzetti’s claims contained multiple inaccuracies. Counsel also asserted that Mazzetti’s statement regarding her claims being upheld was inaccurate, as the court never ruled on the merits of any of her claims. Defense counsel noted that on July 26, 2011, the Yosemite campground was almost at full capacity with all campsites, but one, being reserved and with hundreds of campers present, including families with young children. Bellino and Sanchez responded to reports from two Yosemite desk officers about a vehicle being driven too quickly through the congested campground; that the individuals in the vehicle were yelling profanities at the desk officers and other park visitors, which included families with young children; and that an individual was riding on the back of the vehicle on or by the spare tire. It was also reported that the driver of one vehicle got into an argument with another park visitor and that the misconduct involved two vehicles and a group of individuals that included both men and women. Defense counsel noted that the desk officers did not report that “only men” were involved in the misconduct, as plaintiff’s counsel alleged. As to the interaction with Mazzetti, defense counsel contended that Mazzetti did not comply with the rangers’ orders, physically resisted the rangers in the performance of their duties, and violated noise ordinances while protesting her arrest. Counsel contended that, in the less than 25 minutes before being placed into the park service vehicle, Mazzetti yelled or said various profanities at the rangers approximately 30 times, as well as called the rangers “rental cops.” Defense counsel also contended that Mazzetti was the only individual within her group of eight adults who did not comply with the rangers’ orders, in that she got up twice, would not sit down, and physically resisted the rangers. Counsel noted that even Mazzetti’s friends repeatedly told her to sit down. Defense counsel contended that Bellino observed and even verbally informed the group that they were in violation of campsite regulations because only two vehicles and six people, maximum, were permitted at the campsite, but that Mazzetti and her group had three vehicles and eight people present. Thus, counsel asserted that Bellino and Sanchez had reasonable suspicion to conduct an investigatory stop and seize of Mazzetti because, early in the encounter, she identified herself as the campsite registrant. Counsel also contended that even though one male individual did identify himself as one of the drivers, Mazzetti and her group denied driving at an excessive speed, denied that anyone was riding outside of the vehicle, and denied that they were yelling at other people in the campground. Defense counsel maintained that the rangers’ actions were protected by qualified immunity, which is a defense that shields government officials from civil liability. Counsel noted that Bellino and Sanchez were outnumbered by the group of eight adults and that the criminal trial court even found Bellino’s concerns as being reasonable and sincere. Counsel also maintained that the rangers conduct a search prior to every arrest, regardless of the crime or the arrestee, and that shortly after Mazzetti’s arrest, a male member of her group was also arrested by park service rangers; subjected to a full body search at the campground, including a search of his groin area; detained overnight; and criminally prosecuted by the park service. Thus, defense counsel asserted that Bellino and Bonner performed an appropriate search, but were not able to complete the search because Mazzetti was kicking them. Counsel noted that even though Mazzetti stated at the civil trial that she did not kick the rangers, she did admit to doing so during her criminal trial testimony. Counsel also contended that after being placed in the ranger vehicle, Mazzetti continued to scream profanities so loudly that she was heard outside of the vehicle and that Mazzetti even “jumped” her cuffs by maneuvering her body in such a way inside the vehicle that her arms were no longer handcuffed behind her back, but in front of her body, an unusual move that further demonstrated her extreme conduct. Defense counsel further asserted that Mazzetti’s allegations of sexual assault were completely false and were never raised in her criminal trial by any witness, including Mazzetti, who testified at length about the incident and never testified that any ranger sexually assaulted her. Counsel further contended that the criminal trial court was even skeptical of Mazzetti’s testimony that she screamed because she feared a sexual assault and that multiple Yosemite visitors who witnessed the incident in the campground provided statements confirming that there was no inappropriate touching, let alone sexual assault. Counsel noted that the witnesses also claimed that Mazzetti’s statements were false, including a witness who voluntarily approached Bellino and offered to provide a statement, which is depicted in the video recordings., Mazzetti claimed she sustained minor physical injuries, including marks and cuts on her wrists from the handcuffs. As a result, she did not go to a hospital. However, she claimed she suffers from emotional distress as a result of the incident. Mazzetti claimed that she was hysterical due to her arrest and that upon arriving at the jail, she was met by female rangers. Plaintiff’s counsel noted that security videos inside the jail reveal that there were a number of female rangers on duty when Mazzetti arrived. Thus, counsel proffered that perhaps all of the female rangers started work at the same time, during the short time between when Mazzetti was arrested and the time that she arrived at the jail. Counsel also contended that the videos showed Mazzetti frantically complaining about what she had experienced and showed Mazzetti terrified that she was going to be searched again. Plaintiff’s counsel argued that Mazzetti suffered the indignities of jail and was searched again, this time by female rangers. Counsel noted that Mazzetti spent the night curled up in a blanket on a bunk or on the floor next to her jail cell door, sobbing, unable to eat, and talking to herself. Mazzetti claimed that she has anxiety and a continuing fear of the police as a result of the incident. Thus, she sought recovery of emotional distress damages, and recovery of the costs for the one-day criminal trial. Defense counsel challenged Mazzetti’s damages, asserting that they were speculative and inflated.
COURT
United States District Court, Eastern District, San Diego, CA

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