And v. City of Hamtramck
| Decision Date | 23 August 2018 |
| Docket Number | Civil Action No. 16-CV-13881 |
| Parties | DEJUAN SMITH and, MONIQUE MAYS, Plaintiffs, v. CITY OF HAMTRAMCK, M. MATCHETT, and RYAN YOUNG, Defendants. |
| Court | U.S. District Court — Eastern District of Michigan |
HON. BERNARD A. FRIEDMAN
This matter is presently before the Court on defendants' motion for summary judgment [docket entry 33]. Plaintiffs have filed a response in opposition, and defendants have filed a reply. Pursuant to E.D. Mich. LR 7.1(f)(2), the Court shall decide the motion without a hearing.
This is a police misconduct case. On July 30, 2015, Monique Mays and her boyfriend, Dejuan Smith, were driving along Carpenter Street in Hamtramck, Michigan when they were pulled over by City of Hamtramck Police Officer Matthew Matchett for running a stop sign, although Mays was certain she had come to a complete stop. Mays Compl. ¶ 10; Smith Compl. ¶ 101; Mays Dep. at 52-55; Smith Dep. at 40-41; Matchett Dep. at 29, 62-63. Matchett recalls that Mays was "not happy" about being pulled over. Matchett Dep. at 64.
When Matchett approached her car, Mays handed him her driver's license, registration, and proof of insurance. Mays Dep. at 53-54; Smith Dep. at 42; Matchett Dep. at 64. Matchett reviewed Mays' documents and discovered that her car was not insured. Matchett Dep. at 64-65. As a result, he informed plaintiffs that he was going to impound the car and that it would have to be towed. Mays Compl. ¶ 12; Mays Dep. at 55-56; Smith Dep. at 44-45; Matchett Dep. at 71.
Matchett instructed plaintiffs to get out of the car. Mays Dep. at 56; Smith Dep. at 45; Matchett Dep. at 71. Plaintiffs assert that they complied. Mays Dep. at 56; Smith Dep. at 45, 66. However, Matchett and Matthew Wood, one of the back-up officers who arrived at the scene, assert that Mays refused to get out. Matchett Dep. at 51; Wood Dep. at 19. According to Matchett, Mays refused his commands to step out of the car three times, and she told him that he would have to pull her out of the car. Matchett Dep. at 51, 79; Wood Dep. at 19. He states that Mays only exited the car when he advised her that she was under arrest or that she would be under arrest for obstruction if she did not get out of the car. Matchett Dep. at 52.
Matchett states that after Mays got out of the car, he gave her various orders, such as to stop walking, to not get anything out of her car, and to go to the front of his police car. Id. at 56, 58-59, 80; Wood Dep. at 20, 29. Mays says she complied with Matchett's orders, Mays Compl. ¶¶ 13-14; Mays Dep. at 56, whereas Matchett and Wood say she did not. Matchett Dep. at 59; Wood Dep. at 20. Matchett also asked Mays to give him her purse. Mays Compl. ¶ 14; Mays Dep. at 56-57; Smith Dep. at 46; Matchett Dep. at 61; Wood Dep. at 27-28. While Mays contendsthat she dropped it on the ground, Mays Compl. ¶ 14; Mays Dep. at 57-58, 62; Smith Dep. at 46-47, 66, Matchett and Wood claim that Mays threw her purse at Matchett and that it hit him in the leg. Matchett Dep. at 60; Wood Dep. at 25, 28-29.
When Mays released her purse, Matchett pulled out his taser, pointed it at her, and told her that she was under arrest and to put her hands behind her back. Mays Compl. ¶ 15; Mays Dep. at 57-60, 62-64; Smith Dep. at 50; Matchett Dep. at 61-62, 79; Wood Dep. at 29. Matchett and Wood assert that Matchett "never stopped" giving Mays these orders and that he told her this "continuously" and "over and over again." Matchett Dep. at 61-62, 79; Wood. Dep. at 29. Matchett estimates that he gave Mays these orders "approximately seven times." Matchett Dep. at 43.
Mays claims that upon hearing that she was under arrest, she stopped walking. Mays Dep. at 57, 62, 85. She states that she complied with Matchett's orders to put her hands behind her back. Mays Compl. ¶ 15; Mays Dep. at 62. Yet Matchett testified that Mays kept walking away from him although he repeatedly told her to stop. Matchett Dep. at 39. Wood also testified that Mays refused to comply with Matchett's orders. Wood Dep. at 29-32, 34. Wood contends that Mays was screaming and "was extremely volatile, throwing her hands around, refusing to cooperate, [and] refusing to put her hands behind her back." Id. at 29, 31, 35.
Mays states that when Matchett had his taser out she turned around to face him and asked him why it was pointed at her. Mays Dep. at 63, 65; Smith Dep. at 52, 57. Plaintiffs state he said nothing in response. Mays Dep. at 64-65; Smith Dep. at 52. Smith's video recording of this event shows Mays putting her hands up and telling Matchett and other back-up officers that she had nothing on her. Mays Dep. at 63-65; Smith Dep. at 52, 57; Pls.' Resp. Ex. C at 0:00-0:07. To demonstrate that this was true, Mays pulled up her shirt and unbuttoned her pants. MaysCompl. ¶ 17; Mays Dep. at 63; Smith Dep. at 50; Pls.' Resp. Ex. C at 0:03-0:07. As Mays held up her shirt, Matchett tased her bare abdomen. Mays Compl. ¶ 18; Mays Dep. at 63; Smith Dep. at 50; Matchett Dep. at 40-41; Pls.' Resp. Ex. C at 0:06-0:07. Matchett and Ryan Young, another back-up officer, indicate that Mays had taken an aggressive or fighting stance, but the video does not show this to be the case. Matchett Dep. at 40-42; Woods Dep. at 32-34; Pls.' Resp. Ex. C at 0:00-0:07.
Mays says that when the taser hit her, she fell back and blacked out. Mays Compl. ¶ 18; Mays Dep. at 63; Smith Dep. at 55. She recalls being kneed in the back when she was lying on the ground and Young was handcuffing her. Mays Compl. ¶ 19; Mays Dep. at 63-64, 66-67; Smith Dep. at 55-56, 67; Matchett Dep. at 18, 44. Young asserts that his knee was placed on Mays' side and not her back. Young Dep. at 31-33. Young states that Mays did not complain that his knee was hurting her. Id. at 30.
Matchett testified that Mays was incapacitated after being tased, was not actively resisting, and did not try to get up. Matchett Dep. at 20. But Young testified that Mays was not incapacitated from the taser. Young Dep. at 30, 40. He did not recall whether Mays struggled with him or resisted arrest when she was on the ground. Id. at 31-32. He did recall, however, that Mays was "wiggling" on the ground or moving from side-to-side. Id. at 40-42. He claims he placed his knee on her because he was concerned she might try to resist arrest. Id. at 30-31, 42. The video does not provide a clear picture of Mays' movements when she was on the ground. Pls.' Resp. Ex. C at 0:11-1:00. Once handcuffed, Mays was pulled up from the ground and taken to a police car. Mays Dep. at 67; Smith Dep. at 56-57; Young Dep. at 31; Pls.' Resp. Ex. C at 1:33-1:40.
Matchett states that when Mays was tased, Smith began yelling and screaming and was "disorderly, [and] distracting" Matchett. Matchett Dep. at 45, 70. The officers told Smith several times to leave, and Matchett states that Smith refused to comply. Id. at 70; Young Dep. at 21; see Pls.' Resp. Ex. C at 0:44-1:20, 2:19-2:22, 2:25-2:27, 2:38-2:40. When Mays was getting into the police car, Smith yelled out to her asking her for her phone so he could call her family, but he says that when no one responded, he walked away from the scene and towards his house. Smith Dep. at 58-62, 68. The video depicts Smith asking Mays for her phone, Pls.' Resp. Ex. C at 1:35-1:45, but ends before Smith started walking away. Also not captured in the video is Matchett's and Young's assertion that when Mays was in the police car, Smith tried to approach the car to talk to her, ignoring Matchett's commands not to do so because Mays was under arrest. Matchett Dep. at 70; Young Dep. at 20.
When Smith was on his way to his house, Matchett approached him and arrested him. Smith Dep. at 59-60, 63, 69-70. Smith says Matchett told him he was under arrest, and he cooperated by turning around and putting his arms behind his back so that Matchett and Young could handcuff him. Smith Compl. ¶ 12; Smith Dep. at 71-72, 89; Matchett Dep. at 46. Meanwhile, Matchett's version of the facts is that when he told Smith he was under arrest for obstruction of justice, Smith continued walking into the street with his hands up and "yelling at the top of his lungs." Matchett Dep. at 70. Matchett testified that he and Young then approached Smith and arrested him. Id. According to Matchett, Smith initially refused to comply with the order to put his hands behind his back but eventually complied and the handcuffs were placed on him "without incident." Id. at 74-75.
Mays was charged with disobeying a stop sign, having no proof of insurance, and obstruction of justice. Mays Dep. at 77; Matchett Dep. at 47. Smith was charged with obstructionof justice. Smith Compl. ¶ 12; Defs.' Summ. J. Br. Ex. E; Pls.' Resp. Ex. D. Smith's case was later dismissed without prejudice because Matchett - the officer who brought the charges against him - did not appear at a pre-trial court proceeding. Smith Dep. at 81-82; Matchett Dep. at 47-48; Pls.' Resp. Ex. D.
Plaintiffs filed separate complaints. In Count I of Mays' complaint, she asserts that Matchett and Young violated her Fourth Amendment right to be free from excessive force, Matchett for tasing her and Young for kneeing her.2 Mays' Compl. ¶¶ 23-29. In Count II, Mays asserts a Monell claim against the City of Hamtramck. Id. ¶¶ 30-36. In Count I of Smith's complaint, he also asserts a Fourth Amendment excessive force claim against both officers.3 Smith Compl. ¶¶ 15-21. In Count II, Smith asserts a false arrest and/or imprisonment claim under state law against Matchett and Young. Compl. ¶¶ 22-28. In Count III, Smith asserts a Fourth Amendment claim of unreasonable seizure without probable cause against Matchett and Young. Compl. ¶¶ 29-36. In Count IV, Smith asserts a malicious prosecution claim under state law against Matchett. Compl. ¶¶ 37-42. In Count V, Smith asserts a claim of malicious prosecution in violation of the Fourth Amendment...
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