Carabajal v. City of Cheyenne, No. 15-8139 (10th Cir. 2017)Annotate this Case
This appeal stems from an officer-involved shooting in the early morning hours of September 19, 2011. At approximately 3:50 a.m., plaintiff Matthew Carabajal was driving a vehicle containing three other individuals, including his infant son V.M.C., when he noticed that he was being followed by a police vehicle with its lights and siren activated. Plaintiff drove for several blocks. Other officers were notified and reported to the scene. Plaintiff pulled over, the officers exited their police cars, and one officer stepped in front of plaintiff’s vehicle. Soon thereafter, plaintiff’s vehicle began to move forward. The officer fired two rounds from his shotgun at plaintiff, severely injuring him. At that time, V.M.C. was still in the vehicle, secured in a car seat behind the front passenger. V.M.C., through Mathew and V.M.C.’s mother, Arianna Martinez, appealed the district court’s judgment in favor of defendants-appellees Officers Joshua Thornton and Michael Sutton, and Defendant-Appellee City of Cheyenne (“the City”). On appeal, plaintiffs challenged: (1) the district court’s grant of a motion to dismiss plaintiffs’ Fourth Amendment claim of unlawful seizure of V.M.C. by Officer Thornton when he shot into the vehicle that V.M.C. occupied; (2) the grant of summary judgment in favor of the officers based upon qualified immunity as to Carabajal’s excessive force claims; and (3) the district court’s initial dismissal of, and later grant of summary judgment in favor of the City on, Plaintiffs’ claims of negligent hiring of Officer Thornton. Finding no reversible error, the Tenth Circuit affirmed.