Baker v. Clearwater Cnty.
| Docket Number | 2:20-CV-00376-CWD |
| Decision Date | 03 January 2022 |
| Parties | ARTHUR BAKER, Plaintiff, v. CLEARWATER COUNTY, CITY OF OROFINO, AMANDA BARLOW, MATT RUSSELL, and CHRIS GOETZ, Defendants. |
| Court | U.S. District Court — District of Idaho |
Honorable Candy W. Dale Chief United States Magistrate Judge
Presently before the Court is Defendants' Motion for Summary Judgment. (Dkt. 28.) The parties have filed responsive briefing. On December 6, 2021, the Court conducted a hearing and took the motion under advisement. As explained below, the Court will grant the motion.
FACTUAL BACKGROUND[1]
The events giving rise to this lawsuit occurred on July 30, 2018 when Arthur Baker was arrested for false imprisonment, and for resisting and obstructing a law enforcement officer. At approximately 7:34 a.m. that day, Deputy Amanda Barlow of the Clearwater County Sheriff's Office (CCSO) was dispatched to Legacy Drive in Clearwater County, Idaho, for a “disorderly call for service.” (Dkt. 26-1); (Dkt 26-3, Barlow Depo. at 30-31.) Dispatch informed Deputy Barlow that Christine Nelson had called to report that she was blocked in behind a gate by her neighbor, Baker, and that Baker would not let her out of her driveway. (Dkt. 26-1) (Dkt. 26-3, Barlow Depo. at 31.)
Deputy Barlow knew Baker from prior dispatch calls and was friends with Nelson. Deputy Barlow was aware that Baker and Nelson had ongoing disputes, based on having responded to a prior dispute herself and having received reports from other deputies. In July of 2018, the neighbors' disagreement centered on their respective rights to the use of two roads - a “cutoff” road and a “driveway.”
Both Baker and Nelson access their property using Legacy Drive, off of Harmony Heights Loop Road. Approximately 100 yards before Legacy Drive intersects with Harmony Heights Loop Road, it splits into two roads - the cutoff road and the driveway. (Dkt. 29-4, Ex. 2, Barlow Depo.) In 2018, Baker owned the property upon which both the cutoff road and the driveway exist. It is undisputed that Nelson had an easement to use the cutoff road. However, the parties disagreed over Nelson's right to use the driveway in July of 2018.
In 1998, Nelson was granted verbal access to use the driveway by the previous property owner and has used the driveway since that time. In 2016, Baker purchased the land containing the driveway. On January 9, 2017, Baker granted Nelson written permission to use the driveway, conditioned upon her cooperation with keeping the gates closed and otherwise keeping the property secure. The relationship between Baker and Nelson later deteriorated, resulting in a series of calls to CCSO dispatch and, ultimately, the events that occurred on July 30, 2018.
Deputy Barlow was familiar with the layout of the two roads and both Barker's and Nelson's property prior to July 30, 2018. (Dkt. 26-3, Barlow Depo. at 31-33.) Deputy Barlow was also aware that Nelson used the driveway to access her property. (Dkt. 26-3, Barlow Depo. at 33.)
On the morning of July 30, 2018, Baker posted a written notice on the gate of the driveway revoking Nelson's permission to use the driveway, and parked his pickup truck in front of the closed gate to prevent Nelson from using the driveway. (Dkt. 29-2, Baker Depo. at 59.) When Nelson arrived, Baker told Nelson her permission to use the driveway was revoked and she needed to use the cutoff road. The two argued briefly before Nelson returned to her vehicle and called CCSO dispatch.
Another neighbor, Todd Perry, arrived at the scene and confronted Baker.[2]A second neighbor, Darrel Gray, also showed up and spoke with Baker. Baker called his wife, Diane Baker, and asked her to come to the scene because he was feeling “ganged up on.” (Dkt. 29-2, Baker Depo. at 64-65.) Mrs. Baker arrived in her vehicle and parked behind Nelson's truck.[3]
When Deputy Barlow arrived at the scene, she saw Baker's pickup truck parked on the driveway road in front of the gate blocking any vehicles from entering or exiting. (Dkt. 26-1.) Nelson's truck was parked on the other side of the gate, and Diane Baker's vehicle was parked directly behind Nelson.[4]
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Deputy Barlow also observed five individuals were present: Gray, Mr. Baker, Mrs. Baker, Nelson, and Perry. Upon exiting her patrol vehicle, Deputy Barlow first encountered Gray and instructed him to leave, which he did. Deputy Barlow next approached the gate and called for Mr. Baker to come in her direction. At this point, the parties' accounts of the events diverge, but the facts of what transpired are consistent and are contained on an audio recording.[5]
Deputy Barlow spoke first with Baker who explained he had put a paper notice on the gate revoking Nelson's permission to use the driveway and Nelson had ripped it off the gate. (Dkt. 25, 26-1, 31.) Deputy Barlow retrieved the notice from the ground near the gate and looked at it. (Dkt. 26-1, 29-3.) Baker told Deputy Barlow he had exclusive legal right to the driveway, he had revoked Nelson's permission to use the driveway, and that Nelson could and should use the cutoff road. (Dkt. 26-1, 31.)
Deputy Barlow responded that Baker could not keep people “hostage like this.” (Dkt. 26-1, 31.) The exchange between Baker and Deputy Barlow became more argumentative with Baker maintaining his ownership rights over the driveway and that Nelson should use the cutoff road. (Dkt. 26-5, Ex. E.) Mrs. Baker approached the two and similarly asserted Nelson did not have the right to use the driveway and Nelson should use the cutoff road.
Deputy Barlow next left the Bakers and walked towards Nelson and Perry who were standing a short distance away. Nelson was visibly upset and stated she wanted Barker arrested for disturbing the peace, disorderly conduct, and for threatening her by not allowing her to leave through the driveway gate. Nelson stated she could not go anywhere because Mrs. Baker's car was blocking her truck from behind. (Dkt. 26-5, Ex. E) (“He's got me blocked in, ” “I can't leave, ” “I can't go anywhere.”) While Deputy Barlow was talking to Nelson, Baker chain-locked the gate on the driveway.
Deputy Barlow asked Nelson why she could not use the cutoff road. Nelson initially responded that Baker had chained and padlocked the gate to the cutoff road, but then Nelson stated she had cut the wire gate to the cutoff road making it possible to drive through that gate. However, Nelson next stated that the cutoff road had “big holes in the road which, you know, my truck bottoms out on.” (Dkt. 26-5, Ex. E.) Further, Nelson maintained she had an easement to use the driveway contrary to Baker's assertion.
Deputy Barlow next spoke with Perry who described his exchange with Baker. Deputy Barlow instructed Perry to move his truck and leave, which he did.
Returning to Mr. Baker, Deputy Barlow inquired whether the gate to the cutoff road was locked. Baker stated the cutoff road gate was not presently locked and Nelson had cut the wire gate. After more discussion with Mr. Baker and Mrs. Baker, Deputy Barlow directed Mrs. Barlow to leave the scene and she did so.
Mr. Baker then told Deputy Barlow that Nelson would need to leave using the cutoff road and he was not going to let Nelson leave using the driveway. Deputy Barlow responded, stating: “you need to let her go.” (Dkt. 26-5, Ex. E.) Baker stated: “I don't need to let her go, she can get out that other way.” Id. The two argued over whether it was possible for Nelson to use the cutoff road. Baker maintained he could lawfully deny Nelson access to the driveway and he was protecting his property rights. Deputy Barlow responded the property dispute was a “civil issue” and that Baker's actions preventing Nelson from coming and going was a “criminal” matter. Id.
Deputy Barlow directed Baker to unlock the gate and let Nelson pass through the driveway. Baker refused and insisted Nelson needed to take the cutoff road. Baker then turned and walked away from Deputy Barlow towards his pickup truck, stating “I'm going to drive around and show you the other road.” Id. Deputy Barlow yelled “no, you're gonna unlock this now or you're gonna go to jail for resisting and obstructing.” Id. Deputy Barlow commanded Baker to unlock the gate to the driveway or go to jail several times. Baker turned and faced Deputy Barlow and stated: “I can tell who your friends with.” Deputy Barlow restated her command for Baker to unlock the gate.
Baker then reached for his pocket, stating “I'm going to get a film of you.” Id. In reaction, Deputy Barlow stated “no, go to jail” and directed Baker to turn around. Id. Deputy Barlow grabbed Baker's wrist and placed him in an arm bar. The two struggled while Deputy Barlow attempted to place Baker in handcuffs.[6] During the struggle, Deputy Barlow threatened to use her taser and repeatedly instructed Baker to put his hands behind his back. Id. Without the use of a taser, Deputy Barlow was able to handcuff Baker.
Once in handcuffs, Baker continued to argue with Deputy Barlow and stated that he would open the gate for Nelson. Id. Deputy Barlow informed him it was “too late.” Id. Baker complained the handcuffs were painful and too tight. Id. Deputy Barlow did not immediately loosen the cuffs, because she was the only officer on scene and because Baker had resisted and refused to comply with her directions. Additionally, Mrs. Baker had returned to the scene at this time and joined Mr. Baker in verbally confronting Deputy Barlow. Once notified that backup would arrive shortly, Deputy Barlow loosened the handcuffs.
When Officer Matt Russell from the City of Orofino Police Department arrived, he placed a different set of handcuffs on Baker.[7] Again, Baker complained the handcuffs were uncomfortable...
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