Baker v. Brockmeyer
| Decision Date | 28 March 2023 |
| Docket Number | CIVIL 5:21-cv-05013-PKH-CDC |
| Parties | BRAYLINE BAKER PLAINTIFF v. OFFICER CHARLES BROCKMEYER, Bella Vista Police Department “BVPD”; DETECTIVE JOSHUA DUGGAN, BVPD; SERGEANT LUCAS HENSON, BVPD; DETECTIVE ED WILLIAMS, BVPD; and OFFICER C. SKAGGS, Benton County Detention Center DEFENDANTS |
| Court | U.S. District Court — Western District of Arkansas |
AMENDED REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE
Plaintiff Brayline Baker (“Baker”), filed this civil rights action under 42 U.S.C. § 1983. Baker proceeds pro se and in forma pauperis (“IFP”). Baker maintains his constitutional rights were violated on August 11, 2020, when he was pursued by the Defendant Bella Vista Police Department (“BVPD”) officers, force was used to arrest him, and, after a trip to the hospital, he was transported to the Benton County Detention Center (“BCDC”) in an unconscious state. Baker further maintains Officer Skaggs, the BCDC intake officer, violated his rights by accepting him into the detention center in an unconscious state and changing his clothing.[1]
The case is before the Court on the Motion for Summary Judgment (ECF No. 31) filed by Officer Skaggs and the Motion for Summary Judgment (ECF No. 30) filed by the Bella Vista Police Department members Officer Brockmeyer, Detective Duggan Sergeant Henson, and Detective Williams (collectively the “BVPD Defendants”). Plaintiff has responded (ECF No. 50) to the Motion. Additionally, in Baker's Response (ECF No. 50), he maintains he is entitled to judgment in his favor as a matter of law. The BVPD Defendants have replied. (ECF No. 52). The Motions are now ready for decision. Pursuant to the provisions of 28 U.S.C. §§ 636(b)(1) and (3), the Honorable P. K. Holmes, III, Senior United States District Judge, referred this case to the undersigned for the purpose of making a Report and Recommendation on the pending motions.
On August 11, 2020,[2] Baker, an African-American, was traveling from Dallas, Texas, to Kansas City, Missouri, by bus. (ECF No. 33-8 at 32).[3] At the time, Baker was wearing a white shirt and jean shorts. Id. at 50. Baker boarded the Jefferson Lines bus at the Texarkana hub.[4]Id. at 33. Baker soon fell asleep and woke when someone exited the restroom and bumped or stepped on his foot. Id. at 34. Baker then entered the restroom and noticed it smelled slightly of cigarette smoke. Id. Baker did not pay attention to the smell because the bus was old and smelled of mold or “something” he could not put his “finger on.” Id.
While he was in the restroom, Baker felt the bus “pulling over” so he hurried to return to his seat. (ECF No. 33-8 at 34-35). The bus driver, Robert Hogue (“Hogue”), checked the restroom and then approached Baker and asked him if he had been smoking in the restroom. Id. at 35. Hogue stated he had warned passengers that it was a violation of federal law to smoke on a bus. Id. Baker denied smoking in the restroom. Id. Hogue replied that Baker had just been in there smoking. Id. at 35-36. Baker again denied smoking and said someone had used the restroom right before him. Id. at 36. Hogue walked to the front of the bus, grabbed something, and stepped off the bus. Id.
At this point, Baker grabbed his two bags and got off the bus. (ECF No. 33-8 at 37). Baker said to Hogue: Id. Hogue turned his back and was talking “real low” on the phone but did reply to Baker's inquiry. Id. Baker denies that Hogue said he was calling the police. Id. Baker denies that Hogue told him that he was going to be removed from the bus at any point. Id. at 44. Baker, who did not want any problems and felt there might be a conflict, told Hogue he was just going to leave from there and began walking away. Id. at 39 & 48. Baker testified that the back of the bus ticket said that you can forfeit your ride at any given moment and have the driver pull off at a safe location and let you off. Id. at 38.
The bus had been traveling northbound and pulled over to the right. (ECF No. 33-8 at 39-40). Baker went to the left sprinting across the northbound lanes, through the grassy medium, and across the southbound lanes. Id. at 40 & 49 Id. Baker felt he was just taking himself out of what could become an unpleasant situation. Id. at 48. Baker's plan was to walk to the nearest gas station and call for a ride home. Id. at 41.
Once Baker was across the highway, he saw a man operating a backhoe and approached him asking the way to the nearest gas station. (ECF No. 33-8 at 49). The backhoe operator was at the edge of the highway grass and about two feet onto a golf course. Id. After Baker got the information from the backhoe operator, he saw someone in the distance approaching at a fast pace. Id. at 50. When asked how far away the man was, Baker had difficulty estimating the distance first saying about 400 feet, then one to two yards away, then about five or six yards away, and finally about four conference rooms away. Id. 50 & 53-54. The man was wearing tan pants and a blue shirt and coming from southbound lane of the highway. Id. at 51 & 54. The man, later identified as Detective Duggan, had his arm extended with a gun pointed in Baker's direction; the barrel of the gun was aimed slightly above Baker's head and toward the sky. Id. at 51-52. Baker did not know if Detective Duggan was wearing a holster. Id. at 52. If Detective Duggan announced he was a police officer, Baker did not hear him.
Baker took off running “for his life” across a bridge on the golf course and following a trail into the woods. (ECF No. 33-8 at 56-57). As he was running, Baker could hear someone chasing him. Id. at 58. Baker had a backpack and a bag of clothes. Id. at 60. The bag became hooked on a tree and his clothing and shoes fell out. Id. Baker did not stop to retrieve the items. Id. Baker also lost his phone while he was running. Id. at 61. After he ran for forty-five minutes to an hour, Baker came to a home on Abingdon Lane. Id. The garage door was open and a man, later identified as Michael Clifford (“Clifford”), was working there. Id. Baker approached, stated he was stranded; had been cutting through the woods; asked to use a phone; and asked for a ride or directions to the nearest gas station. Id. at 61-62. Clifford responded that Baker could use his phone but that he could not give Baker a ride. Id. at 62. Baker also asked for water and was given bottled water. Id. Baker took a seat in a chair about two feet inside the garage. Id. at 63. Clifford handed Baker his cell-phone but it was pass-code protected. Id. Baker handed it back. Id. Clifford unlocked the phone and passed it back to Baker. Id.
At this point, before Baker could make a phone call, he saw a dark-colored Dodge Durango with “a white guy hanging out the passenger side” looking “real aggressive.” (ECF No. 33-8 at 63). Baker heard the Durango turn around and saw two men running up to the garage with their guns drawn on him. Id. Baker testified the incident in this case occurred after the George Floyd[5]incident so he was already on the alert and “aware that police are killing and beating people in America and killing majority black people.” Id. at 64. As the officers, Detective Duggan, Officer Brockmeyer and Sergeant Henson, approached him, Baker stood up and turned his back. Id. When the officers approached the garage, Baker knew they were police officers because they said: (ECF No. 33-8 at 66-67). Baker had the cell-phone in his right hand and the backpack strap in his left hand. Id. at 65 & 68. Baker believed he was going to be shot. Id. at 65. Baker denies ever reaching into his backpack during the encounter. Id. at 68. Instead, he says he was going to swing the backpack over his shoulder and go to the door leading to the house and “maybe just lay down on that side.” Id. at 69. Baker wanted anyone who was in the house to be able to see what was happening. Id.
According to Baker, as Detective Duggan ran up to him and began choking him from behind and took him to the ground. (ECF No. 33-8 at 81 & 93). Baker landed face first hitting the ground with his chin which forced his mouth closed and shattered his back teeth.[6] Id. 70 & 73. At this point, Baker testified that three or four officers were present. Id. at 73. His arms were stretched out. Id. at 81. Officers were yanking on both of his arms and Baker testified he naturally resisted a “little bit” trying to get Detective Duggan off his trachea. Id. at 74 & 93. The officers yelled stop resisting. Id. at 82. The next thing he knew, Baker said an officer was saying tase him, tase him again. Id. Baker was tased twice on his left arm. Id. at 84 & 93. Baker's whole body went numb and then there was a “kind of . . . blackness.” Id. at 82. His body was bruised all over including his face. Id.
Detective Williams assisted in holding Baker's arms and legs, the hand-cuffing, and the arrest. (ECF No. 33-8 at 91). Officer Brockmeyer held Baker's right arm, and bent two of his fingers back dislocating them. Id. at 92. Officer Henson was on his left side “folding and bending” Baker's arm. Id. Officer Henson was the officer who tased Baker. Id. Detective Williams was on Baker's legs. Id. Baker testified the officers were handcuffing him, tasing him, and hitting him all at the same time. Id. Baker stated that he could not breathe with the four officers on top of him and lost consciousness. Id. at 93.
The next thing Baker recalls is being wheeled into the hospital on a stretcher. (ECF No. 33-8 at 82). Baker remembers choking on his teeth and the doctor removing some from his throat. Id. He was told he was at the hospital and...
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