Adams v. Custer
| Decision Date | 12 January 2016 |
| Docket Number | CASE NO. 14-CV-80403-CIV-HURLEY |
| Parties | LYDIA ADAMS, as Personal Representative of THE ESTATE OF SETH ADAMS, Plaintiff, v. MICHAEL M. CUSTER, individually and RIC L. BRADSHAW in his official capacity as Sheriff of Palm Beach County, Florida, Defendants. |
| Court | U.S. District Court — Southern District of Florida |
Lydia Adams, acting as Personal Representative of the Estate of Seth Adams, has sued Sheriff Ric Bradshaw ("the Sheriff"), in his official capacity as Sheriff of Palm Beach County, and Sgt. Michael Custer ("Custer"), individually, for damages under 42 U.S.C. § 1983. Plaintiff alleges that Custer illegally detained her son, Seth Adams ("Adams"), and used excessive deadly force against him in violation of the Fourth Amendment. She also asserts that Custer was deliberately indifferent to her son's serious medical needs in violation of the Fourteenth Amendment (Counts 1, 2). Additionally, Plaintiff asserts state law tort claims (battery, negligence) against Custer and the Sheriff under Florida's wrongful death statute (Counts 3, 4).
The case is now before the Court on the Defendants' amended motions for summary judgment as to all claims [ECF Nos. 170, 171]. For reasons discussed below, the Court will grant the motions in part and deny the motions in part.
This case results from a two-person confrontation with only one survivor and, therefore, Custer is the primary source for describing what happened. He states that shortly after 11:00 p.m., on May 16, 2012, he backed his unmarked police SUV into the parking lot of the "One Stop Garden Shop," in Loxahatchee, Florida, and parked the vehicle facing west. (He either did not see or consciously disregarded a large sign stating, "NO PARKING 6 PM TO 6 AM VEHCILES WILL BE TOWED.") At the time, Custer was on duty as an undercover agent in a surveillance operation conducted by a Palm Beach County Sheriff Office (PBSO) tactical unit (TAC).1 He was dressed in plain clothes, with no visible law enforcement identification. He remained seated in his vehicle with the motor running, tinted windows rolled up, and headlights off.
Approximately a half-hour later, Adams drove his blue Ford pick-up truck into the parking lot of the One Stop property. He parked parallel to Custer, facing east, approximately 10-15 feet away. According to Custer, Adams immediately began shouting profanities "as loud as a person could make their voice," screaming, After Custer identified himself as a deputy sheriff on a surveillance assignment "looking into a few things" in the area, Adams retorted, Adams exited his truck, empty-handed, and advanced on Custer at a "rapid pace," prompting Custer to exit his vehicle. Custer grabbed his PBSO identification lanyard from the front seat of his vehicle and carried it out, holding it up to display to Adams as he again identified himself as an undercover police officer with the Palm Beach County Sheriff's Office (PBSO).
In his initial sworn statement, given to PBSO investigating officer Detective Chris Neuman, Custer claimed that a display of credentials "usually brings [a person] down a little bit," but in this case, [DE 202-3, page 9]. Custer said he told Adams not to advance, but at that point, "[t]he gap had been closed," and "out of nowhere ... [Adams] grabbed [him] by the throat." [DE 202-3, p. 5]. Custer initially described it as "a good grip" which lasted "a couple of seconds." In later deposition testimony, Custer said Adams grabbed him by the throat, using one hand, "as hard as a man could grab you" [DE 95-2, p. 21]. In his deposition, he further testified that he initially perceived Adams as "a lunatic," [DE 95-2, p. 20], but nevertheless decided to approach him - instead of leaving the property - because he thought Adams might have been a "decoy" for a group of burglary suspects who were under surveillance by his TAC unit in the area [DE 95-2, pp. 20-21].
Custer said he countered Adams' grab with an "arm sweep," allowing him to break free of Adams grip. After a brief "grappling," Custer gave Adams a "sternum strike" which effectively "knock[ed] the wind" out of him, allowing Custer to withdraw and create a space between the two. At this point, Custer drew his firearm with his left hand and pointed it at Adams, ordering him to the ground and telling him he was under arrest (presumably for the crime of assaulting a police officer) [DE 95-2, p. 22, 24]. Although Custer saw nothing in Adams' hands, he stated he felt in fear of his life and decided to draw his weapon because of Adams' "overall aggression" and "inability to de-escalate at all," commenting, "I'm not going to fight him one on one by myself." [DE 95-2, p. 23].
Instead of obeying Custer's command, Adams "hovered" in front of Custer, less than five feet away, walking back and forth in a semi-circle, with his empty hands visible in front [DE 95-2, p. 25]. Custer - with his gun still trained on Adams - backed up to his vehicle, retrieved his hand-held radio from the front seat and broadcast a request for back-up, saying "I need a unit at A Road and Okee" [DE 95-2, pp. 25, 30]. Custer continued to command Adams to get to the ground and warned him he would be shot if he advanced further [DE 95-2, p. 25].
In his initial sworn statement to PBSO investigating officer Neuman, Custer said Adams ignored this command and "made a movement for the car." [DE 202-3, p. 6]. As Adams "kind of was going into the car," Custer "literally kicked the door shut," effectively "pinning" Adams between the door and truck frame. Adams "was moving around" as Custer held him there, "trying to get out of the door," giving Custer the "perception" that Adams was "trying to get a weapon." [DE 202-3, p. 6]. In this initial statement, Custer said it was at this point, when he "had [Adams] caught kind of in ...between the door and the car," that he "saw [Adams] arms coming around," and he began to fire, discharging three or four rounds [DE 202-3, p. 6-7].
In later deposition testimony, Custer elaborated on what precipitated his gunfire, saying he first noticed Adams "look[ing] over his shoulder towards his - the open door of truck," prompting Custer to warn him to keep away from the truck or be shot. [DE 95-2, p. 25]. He also testified at deposition that he saw Adams "in the truck fishing around" as he held him pinned between the truck frame and car door for a period of about 10 to 15 seconds. Custer said that he held his gun in his left hand during this struggle, while he wrapped his right arm around Adams' head and neck area, trying to pull him away from the vehicle. [DE 95-2, p. 26]. Custer maintains he yelled "Stop resisting, stop resisting; you're going to get shot, you're going to get shot; let me see your hands, let me see your hands" during this struggle [DE 95-2, p. 26]. Custer testified it was at that moment that "[Adams] yelled out, f---- you, as loud as he could, and came spinning around out of the truck," disengaging Custer's hold on him [DE 95-2, pp. 26-27]. Adams was standing in between the driver's side door and vehicle frame, still moving and "spinning around," when Custer then fired his first shot. [DE 95-2, p. 27].
Custer fired three more shots in rapid succession as he backed away [DE 95-2, pp. 27-28]. Unsure if he had hit Adams, Custer took cover by crouching behind the rear panel of his vehicle. From this vantage point, Custer saw Adams run directly from the door area of his truck, around the front of Adams' vehicle and then out through a nearby gate, disappearing "into the darkness"2 [DE 95-2, p. 29]. Custer did not recall seeing Adams standing at or near the left rear tire of the truck at any point during this encounter [DE 95-2, p. 30].
At 11:41 p.m., Custer broadcast a second call - "shots fired"-- followed by a third transmission at 11:42 p.m. -- "Shots fired; white male ran inside, came at me and attacked me," and a final transmission at 11:43 p.m. -- [DE 95-2, pp. 30-31]. Custer testified that he made the final call requesting emergency medical services because he could see blood splatters in front of Adams' truck. [DE 95-2, p. 31]. Custer remained behind his vehicle while he waited for relief.
Within minutes, a back-up team from the TAC unit arrived. Following the blood trail, agents discovered Adams, collapsed in the darkened nursery grounds approximately 250-300 feet beyond the gate entrance. One of the agents, Officer Schumm, removed his t-shirt and used it to apply pressure to Adams' wounds until the medics arrived. Adams was immediately air-lifted by Trauma Hawk to a local hospital where he died the next morning.
On May 16, 2012, Seth Adams was 24 years of age. He was 6' 2" feet tall and weighed 204 lbs. [DE 96-11, p. 5]. Custer was 5'8" and weighed approximately 200 lbs. [DE 66-1, p. 10].
Adams' blood alcohol content, derived from a blood draw at St. Mary's Hospital, was .131 [DE 96-11, p. 23]. He was wearing a work shirt with the "One Stop" company logo on the front and back. He both lived and worked on the "One Stop" nursery property.
Agent Kevin Drummond, another member of the TAC Unit, drove by and made a U-turn in front of the One Stop parking lot during the encounter between Custer and Adams. Drummond's headlights swept over the parking lot, allowing him to observe Custer exiting his vehicle and Adams standing still between the two vehicles, near the driver's side front quarter panel of Adams' truck. Drummond did not stop as "[i]t didn't appear that there was anything wrong." As observed byDrummond, it appeared that Custer was talking to Adams as he got out of his car, and Adams was standing there looking at him....
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