[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
MAY 4, 2006
No. 05-16609
THOMAS K. KAHN
Non-Argument Calendar
CLERK
D. C. Docket No. 03-00227-CV-ORL-18-KRS
RAMON A. MERCADO,
Plaintiff-Appellant,
versus
CITY OF ORLANDO,
a municipal corporation and political subdivision
of the State of Florida,
RAMFIS PADILLA, Officer, individually and as an
agent and employee of the City of Orlando
and Orlando Police Department, et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Middle District of Florida
(May 4, 2006)
Before TJOFLAT, DUBINA and CARNES, Circuit Judges.
PER CURIAM:
This is the second time we have considered an appeal of this case. In
Mercado v. City of Orlando, 407 F.3d 1152 (11th Cir. 2005) (Mercado I), we
affirmed the district court’s grant of summary judgment in favor of the defendants
City of Orlando and Police Officers Ramfis Padilla (“Padilla”) and Christina
Rouse (“Rouse”) on all claims except the issue of qualified immunity with respect
to Padilla. After remand, the case proceeded to trial on the sole remaining issue of
whether Padilla violated appellant Ramon A. Mercado’s (“Mercado”) rights under
the Fourth Amendment to the United States Constitution by shooting Mercado in
the head with a Sage SL6 launcher. The jury found in favor of Padilla.
In this appeal, Mercado challenges the district court’s jury instruction
number 9 which instructed the jury as follows:
The court instructs you as a matter of law that unless the defendant,
Padilla, intended to aim and shoot the plaintiff, Mercado, in the head
using the Sage launcher, then defendant Padilla’s acts did not violate
plaintiff, Mercado’s rights under the Fourth Amendment of the
Constitution.
A challenge to a jury instruction presents a question of law subject to de novo
review. United States v. Tokars, 95 F.3d 1520, 1531 (11th Cir. 1996).
In this case, the record demonstrates that at the time of the incident in
question, Padilla found himself in the kitchen of Mercado’s apartment, which was
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a small confined area, faced with a person who had a telephone cord wrapped
around his neck while turning blue and holding a knife in both hands while
pointing it at his own chest. Padilla repeatedly told Mercado to put the knife down
but Mercado ignored his commands.
Padilla was obviously confronted with an urgent and critical situation that
required an immediate response. Aside from the obvious and immediate threat of
suicide, Padilla had been trained to be aware that a person who is suicidal also
poses a threat to be homicidal by turning the weapon on others at a moment’s
notice. Padilla reasonably believed that unless immediate action was taken to
disarm Mercado and place him in custody, he would take his own life, or harm
others, including the officers who were present.
Padilla had been trained in the use of the impact weapon known as the Sage
SL6 launcher. This weapon fires a rubber baton which makes impact with the
subject’s body causing less-than-lethal pain and affords the officers the
opportunity to move in and gain compliance and control over the subject. The
record demonstrates that at the time Padilla fired the Sage SL6, he did it not to
inflict deadly force, but to gain Mercado’s compliance. After Mercado was struck
with the rubber baton, he dropped the knife and the officers were able to restrain
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him and put handcuffs on him. He was then taken out of his apartment and
transported to a hospital by ambulance.
After reviewing the record and reading the parties’ briefs, we conclude that
the district court properly instructed the jury in accordance with our ruling in
Mercado I. Moreover, the instruction was consistent with Supreme Court
precedent because the Supreme Court has long held that a federal cause of action
under 42 U.S.C. § 1983 does not extend to conduct that is merely negligent. See
Daniels v. Williams, 474 U.S. 327, 328, 106 S. Ct. 662, 663 (1986) (concluding
that the Due Process Clause is not implicated by a negligent act of an official
causing unintended loss of or injury to life, liberty, or property).
For the above-stated reasons, we affirm the district court’s judgment entered
on the jury’s verdict in favor of Padilla.
AFFIRMED.
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