679 Fed.Appx. 419 (6th Cir. 2017), 16-5322, Woodcock v. City of Bowling Green

Docket Nº:16-5322
Citation:679 Fed.Appx. 419
Opinion Judge:COLE, Chief Judge.
Party Name:CAREY WOODCOCK, as Administratrix of the estate of Gregory Harrison, deceased, Plaintiff-Appellee, v. CITY OF BOWLING GREEN; DOUG HAWKINS; DONITKA KAY; KEITH CASADA, individually, Defendants-Appellants. and KEVIN WILES; MELANIE WATTS, individually, Defendants
Attorney:For CAREY WOODCOCK, as Administratrix of the estate of Gregory Harrison, decease, Plaintiff-Appellee: Gregory A. Belzley, Prospect, KY. For CITY OF BOWLING GREEN, Defendant-Appellant: Thomas N. Kerrick,Ashley Dawn Gerughty, Kerrick Bachert, Bowling Green, KY; H. Eugene Harmon, City of Bowling Gre...
Judge Panel:BEFORE: COLE, Chief Judge; COOK and WHITE, Circuit Judges.
Case Date:February 16, 2017
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit
 
FREE EXCERPT

Page 419

679 Fed.Appx. 419 (6th Cir. 2017)

CAREY WOODCOCK, as Administratrix of the estate of Gregory Harrison, deceased, Plaintiff-Appellee,

v.

CITY OF BOWLING GREEN; DOUG HAWKINS; DONITKA KAY; KEITH CASADA, individually, Defendants-Appellants.

and

KEVIN WILES; MELANIE WATTS, individually, Defendants

No. 16-5322

United States Court of Appeals, Sixth Circuit

February 16, 2017

         NOT RECOMMENDED FOR PUBLICATION

         Editorial Note:

         Sixth Circuit Rule 28(g) limits citation to specific situations. Please see Rule 28(g) before citing in a proceeding in a court in the Sixth Circuit. If cited, a copy must be served on other parties and the Court.

         US Supreme Court certiorari dismissed by City of Bowling Green v. Woodcock, (U.S., Aug. 16, 2017)

          ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF KENTUCKY.

         Woodcock v. City of Bowling Green, 165 F.Supp.3d 563, (W.D. Ky., Feb. 23, 2016)

         For CAREY WOODCOCK, as Administratrix of the estate of Gregory Harrison, decease, Plaintiff-Appellee: Gregory A. Belzley, Prospect, KY.

         For CITY OF BOWLING GREEN, Defendant-Appellant: Thomas N. Kerrick,Ashley Dawn Gerughty, Kerrick Bachert, Bowling Green, KY; H. Eugene Harmon, City of Bowling Green, Bowling Green, KY.

         For DOUG HAWKINS, individually, Defendant-Appellant: Thomas N. Kerrick,Ashley Dawn Gerughty, Kerrick Bachert, Bowling Green, KY; H. Eugene Harmon, City of Bowling Green, Bowling Green, KY.

         For DONITKA KAY, individually, Defendant-Appellant: Thomas N. Kerrick,Ashley Dawn Gerughty, Kerrick Bachert, Bowling Green, KY; H. Eugene Harmon, City of Bowling Green, Bowling Green, KY.

         For KEITH CASADA, individually, Defendant-Appellant: Thomas N. Kerrick,Ashley Dawn Gerughty, Kerrick Bachert, Bowling Green, KY; H. Eugene Harmon, City of Bowling Green, Bowling Green, KY.

         BEFORE: COLE, Chief Judge; COOK and WHITE, Circuit Judges.

          OPINION

Page 420

          COLE, Chief Judge.

          On August 12, 2012, Officer Keith Casada of the Bowling Green Police Department (" BGPD" ) fatally shot Gregory Harrison. Carey Woodcock, the administratrix of Harrison's estate, filed the instant complaint pursuant to 42 U.S.C. § 1983 and various state-law grounds. The district court granted Woodcock summary judgment as to the § 1983 excessive force claim. The district court also granted in part and denied in part defendants' motion for summary judgment.

         On appeal, defendants argue that the district court erred in denying summary judgment to (1) Casada on the § 1983 excessive force claim and the state-law battery claim, (2) Sergeant Donitka Kay on the § 1983 failure-to-supervise claim and § 1983 failure-to-intervene claim, (3) Casada and Kay on the § 1983 conspiracy claim, (4) Chief Doug Hawkins and the City of Bowling Green on the state-law vicarious-liability claim, and to (5) all defendants on the wrongful-death claim. Woodcock moved to dismiss this appeal for lack of jurisdiction.

         For the following reasons, we reverse the district court's denial of summary judgment on the state-law vicarious-liability claim. We affirm as to all other claims.

         I. BACKGROUND

         On August 12, 2012, at approximately 1:26 AM, Harrison placed the first of two phone calls to the BGPD. In the first call, Harrison said, " Yes, I'm on my way to the Louisville Bridge, I wanna beat the hell out of my brother, and if they want me, kill me." (Audio of First Call, R. 46-1, 1:25:58 AM). Casada was dispatched to locate the caller. When the police called back, they learned from a voicemail greeting that the caller's name was " Greg." (Audio of Return Call, R. 46-1, 1:31:06 AM).

         Harrison placed a second call to the BGPD at 1:37 AM. The phone call proceeded as follows: [Harrison]: Uh, yes, my emergency [slurred] I'm at the T-Mart, I'm'a kill my family, I've asked for help and I've asked for help, [Hanes: 'where are you?'] and they have ignored me. No, no, they have ignored me. You know what? You'll have ignored me.

[Hanes]: We sent someone to where you said you were, where are you right now?

[Harrison]: You know what? I'm gon' kill my brother, I don't give a fuck, my mother-in-law's had a stroke. You know what, I'm down in the parking lot with a gun, by my

[Hanes]: What parking lot?

[buzzing sound] [dial tone]

         (Audio of Second Call, R. 48, 1:37:19 AM.) At 1:39 AM, police dispatch contacted Casada and alerted him of Harrison's second phone call, including Harrison's claim to have a gun.

Page 421

          Sergeant Kay spotted Harrison walking on railroad tracks at 1:47 AM. Kay stopped her police cruiser ninety to one-hundred-and-fifty feet away from Harrison. Kay fixed her cruiser's spotlight on Harrison, alerted dispatch that she was " getting out with suspect on tracks," exited her cruiser, and then yelled at Harrison to " put your hands up" and " walk up here to me." (Dash-cam video, R. 58, 1:46:57 AM.) Kay continued to yell " show me your hands" and " put your hands up" as Harrison stood motionless. ( Id. )

         Officers Jordan Wilson and Casada heard Kay's yelling, ran to her location, and stationed themselves on the passenger side of her cruiser, so that the vehicle was between them and Harrison. During the incident with Harrison, the police blocked off the road and surrounding area and had trains stopped. Five BGPD officers (Kay, Casada, Wilson, Officer Ernie Steff, and Sergeant Todd Porter) and one Western Kentucky University officer (Brian Kitchens) were at the scene. There was approximately eighteen feet of grassy area, a curved concrete wall, and the empty left lane of Clay Street between the railroad tracks and Casada and Kay.

         During the twelve-minute exchange, Casada and Kay...

To continue reading

FREE SIGN UP