Farrell v. Montoya

Oriana Lee Farrell and her five children claimed that Defendant Elias Montoya, while on duty as a New Mexico state police officer, violated their Fourth Amendment rights when he fired three shots at their minivan as it drove away from officers trying to effect a traffic stop. Officer Tony DeTavis pulled Farrell over for speeding. A few minutes after initiating the stop, DeTavis approached the minivan parked on the right shoulder of the highway and explained to Farrell that he was going to give her a citation. He gave her two options: pay the penalty of $126 within 30 days or see a Taos magistrate within 30 days. After an argument with the officer, Farrell refused to make a decision because she did not know where she would be in 30 days. As the officer went back to his car to call for help, Farrell drove off. After the officer pulled Farrell over again, things got chaotic: Farrell got in a scuffle with the officer who tried to arrest her. When the officer tried to pull Farrell out of the car, Farrell’s 14-year old son tried to fight off the officer, who then pulled out his taser. The officer then bashed out the windows on Farrell’s van after her family ran back into the van and locked the doors. The van began to drive away again. As the incident unfolded, Officer Montoya showed up and fired three shots at the van as Farrell sped off. Farrell was later arrested and charged. Three officers returned to their vehicles and pursued the Farrells down Highway 518, reaching speeds of 100 mph during the chase. When Farrell approached a more congested area, she weaved through traffic, driving on the wrong side of the road on several occasions. According to affidavits by Farrell and one of her younger children, 911 was called during the chase, and the family looked for a police station at which to pull over because they were afraid that the three officers would harm or kill them. More than four minutes after the chase began, the Farrells drove into a hotel parking lot and surrendered. On appeal it was undisputed that no bullet hit the minivan or the Farrells inside; Montoya’s affidavit states that he was aiming at the left rear tire. The Tenth Circuit held the district court should have granted Defendant summary judgment because the shots did not halt the Farrells’ departure and, because they were fleeing, they were not seized at the time Montoya fired his weapon, even if they had a subjective intent to submit to authority. View "Farrell v. Montoya" on Justia Law