Cochran v. Folger

• Decision Date: 16 September 2010
• Docket Number: Civil Action No. 5:09-302-JMH
• Parties: Rodney COCHRAN, Plaintiff, v. Curt FOLGER, et al., Defendants and Curt Folger, et al., Third-Party Plaintiffs v. Charles Williams, II, Laila Williams, Third-Party Defendants.
• Court: U.S. District Court — Eastern District of Kentucky

740 F.Supp.2d 923

Rodney COCHRAN, Plaintiff,
v.
Curt FOLGER, et al., Defendants
and
Curt Folger, et al., Third-Party Plaintiffs
v.
Charles Williams, II, Laila Williams, Third-Party Defendants.

Civil Action No. 5:09-302-JMH.

United States District Court,
E.D. Kentucky,
Central Division at Lexington.

Sept. 16, 2010.

740 F.Supp.2d 927

Theodore H. Lavit, Theodore H. Lavit & Associates, P.S.C., Lebanon, KY, for Plaintiff.

Winter R. Huff, Law Offices of John G. Prather, Somerset, KY, for Defendants, Third-Party Plaintiffs.

Christopher M. Clendenen, Lexington, KY, for Third-Party Defendants.

MEMORANDUM OPINION AND ORDER

JOSEPH M. HOOD, Senior District Judge.

This matter is before the Court on a Motion for Summary Judgment pursuant to Fed. R. Civ. P. 56, filed by Defendants Curt Folger, individually and in his official capacity as Sheriff of Lincoln County, Kentucky, Dan Gilliam, individually and in his official capacity as Deputy Sheriff of Lincoln County, Kentucky and Don Gilliam, individually and in his official capacity as Deputy Sheriff of Lincoln County, Kentucky (hereinafter collectively referred to as "Defendants"). [Record No. 46]. Plaintiff Rodney Cochran filed a timely response. [Record No. 54]. Defendants replied in support of their Motion for Summary Judgment. [Record No. 55]. This matter is now ripe for review.

I. FACTUAL BACKGROUND

Third Party Defendants Charles and Laila Williams caused a Notice of an Eviction Hearing to be served upon Plaintiff Rodney Cochran ("Cochran"), to whom they leased a home, located at 3700 Hwy 2141, Stanford, Kentucky 40484. The Notice was based upon a Forcible Detainer Complaint, filed on August 18, 2008. At the time of filing, Cochran had not paid his August rent. The Williamses alleged in their Complaint that Cochran was partially delinquent in his rent due in July in the amount of $350.00, and August, for the full month's rent of $750.00, and owed fees for late payments of $25.00 for each last five (5) months. Thus, the total amount Cochran owed to the Williamses was $1,225.00 at the time of the Forcible Detainer Complaint.

It is not clear from the record whether Cochran received notice of the hearing or was in attendance at the hearing. Nonetheless, on August 28, 2008, the district court found, as stated in the Judgment of Forcible Detainer, that Cochran "was guilty of forcible detainer as charged and that Plaintiff have [sic] restitution of the

740 F.Supp.2d 928

premises, 3700 Ky Hwy 2141 Stanford, Ky and recover of the Defendant the costs expended herein." Cochran does not challenge the validity of the "Judgment in Forcible Detainer" or the "Eviction Notice: Warrant for Possession," which was issued on September 5, 2008, and executed on September 8, 2008.

Instead, Cochran's Complaint focuses on the actions by the Defendants and Third Party Defendants during the execution of the Eviction Notice: Warrant for Possession on September 8, 2008. Williams and Deputy Sheriffs Don Gilliam, Bill Schnitzler and Dan Gilliam arrived at Cochran's home at some point during the day to execute the Warrant for Possession. It is undisputed that the Warrant for Possession, and the Judgment in Forcible Detainer on which it was based, were the only authority for the Williamses and the deputy sheriffs' actions that day. It is further undisputed that the deputy sheriffs only reviewed and relied upon the Warrant for Possession for their actions.

According to Don Gilliam's Affidavit, after reviewing the Warrant for Possession, he realized that it was silent as to Cochran's personal property located at the premises. Don Gilliam told Mr. Williams to secure Cochran's personal property as he expected that Cochran would want to take it following the eviction.

Mr. Williams advised Don Gilliam that the Lincoln County Attorney had told him that Cochran's personal property could be sold to recover Mr. and Mrs. Williams' losses. Don Gilliam states that he then contacted the county attorney and was told that Mr. Williams had a "right to sell the property". Using a key to enter the residence, Mr. and Mrs. Williams, with the assistance of others, removed Cochran's personal property from the residence.

Cochran was at work when he received a message from his neighbor, Dr. Shane Randolph, indicating that the Williams and the deputy sheriffs were at Cochran's home. Cochran's mother and sister were already on site by the time he arrived.

The deputy sheriffs on site threatened to restrain and/or arrest anyone who attempted to interfere with the Williams' procurement of Cochran's personal property. Cochran, his neighbors, and family made calls to 911 and the Kentucky State Police throughout the day to try to stop the Williams from taking Cochran's personal belongings. Dr. Randolph attempted to call the Sheriff, Curt Folger, but was informed that he was out of town on September 8, 2008 and could not be reached.

Don and Dan Gilliam were both present on the premises during the removal of Cochran's personal property. Don Gilliam admits that he paid $100 to the Williams for a television that was removed from Cochran's home. He states that he purchased the television for use at the Sheriff's office. Cochran's guns and prescription medications were also taken by the deputy sheriffs. At the Williams' request, the guns were turned over to Mr. Williams' uncle, Constable John Williams the next day.¹

Cochran asked the Williams for the return of his personal property and offered money in exchange for the return of his property. Those requests were denied.

740 F.Supp.2d 929

To date, none of Cochran's personal belongings have been returned to him.

Cochran filed this action pursuant to 42 U.S.C. § 1983 and the Fourth, Fifth, and Fourteenth Amendments, alleging violations of his constitutional rights by Defendants, who serve as Sheriff and Deputy Sheriffs of Lincoln County, Kentucky. Cochran contends that Defendants were acting under the color of the authority vested in them by Kentucky statutes and the Kentucky constitution when they acted upon an eviction notice and placed Third Party Defendants, Charles Williams, II and Laila Williams, in possession of the premises located at 3700 Kentucky Highway 2141, Stanford, Lincoln County, Kentucky. Cochran alleged that Defendants carried out the eviction in an "objectively unreasonable" manner that permitted Cochran's personal property to be taken away by unknown parties, and that Defendant Folger consciously chose to provide inadequate training to his deputies.

According to Cochran's Complaint, this conduct violated Cochran's constitutional rights: the right under the Fourth Amendment to be secure in one's person, houses, papers, and effects against unreasonable searches and seizures; the right under the Fifth Amendment not to be deprived of property without due process of law; and the right under the Fifth Amendment not to have property taken for public use without just compensation. In addition to these federal law claims, Cochran asserted a state law claim for the tort of outrage, and made an additional claim for punitive damages.

II. STANDARD OF REVIEW

Under Fed. R. Civ. P. 56(c), summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no issue as to any material fact, and that the moving party is entitled to judgment as a matter of law." The moving party may discharge its burden by showing "that there is an absence of evidence to support the nonmoving party's case." Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The nonmoving party, which in this case is the plaintiff, "cannot rest on [his] pleadings," and must show the Court that "there is a genuine issue for trial." Hall v. Tollett, 128 F.3d 418, 422 (6th Cir.1997). In considering a motion for summary judgment the court must construe the facts in the light most favorable to the nonmoving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

When the question is one of qualified immunity, however, the analysis is somewhat altered. In ruling on a motion for summary judgment based on the defense of qualified immunity, the existence of a disputed, material fact does not necessarily preclude summary judgment. Even if there is a material fact in dispute, summary judgment is appropriate if the Court finds that—viewing the facts in the light most favorable to the plaintiff—the plaintiff has failed to establish a violation of clearly established constitutional law. Saucier v. Katz, 533 U.S. 194, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001); Dickerson v. McClellan, 101 F.3d 1151, 1158 (6th Cir.1996).

III. DISCUSSION

Defendants allege that they are entitled to summary judgment in their favor on all of Plaintiff's claims. For the reasons that follow, the Court will deny the motion for summary judgment as to Plaintiff's Fourth Amendment seizure claim and Fourteenth Amendment due process claim brought pursuant to 42 U.S.C. § 1983; grant the

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motion for summary judgment as to Plaintiff's Fifth Amendment due process and takings claims brought pursuant to 42 U.S.C. § 1983; grant the motion for summary judgment as to all Defendants in their official capacities; grant the motion for summary judgment as to Defendant, Curt Folger, for failure to train; grant the motion for summary judgment on the state law claim of intentional infliction of emotional distress; and deny the motion for summary judgment as to punitive damages.

A. Applicable State Law

This motion necessarily turns, in part, on whether the Williams had a legal right to physically remove and convert Cochran's personal property under Kentucky state law. Defendants basic premise for all arguments in support of the Motion for Summary Judgment is that the Williams had the right to obtain Cochran's personal property based on the Warrant for Possession and Kentucky law. However, "[i]t is well...