Barre v. Ramsey
| Decision Date | 03 May 2022 |
| Docket Number | CIVIL ACTION No. 18-cv-00276-WGY |
| Citation | 601 F.Supp.3d 1038 |
| Parties | Etta Love BARRE, as the Special Administrator of the Estate of Joshua Barre, Deceased, Plaintiff, v. Will RAMSEY, Brandon Walker, Monica Holloway, Board of County Commissioners of Tulsa County, Oklahoma, Vic Regalado, in His Official Capacity, Defendants. |
| Court | U.S. District Court — Northern District of Oklahoma |
Daniel E. Smolen, Robert Murray Blakemore, Smolen Smolen & Roytman PLLC, Tulsa, OK, for Plaintiff.
Scott Boudinot Wood, Wood Puhl & Wood, Tulsa, OK, for Defendants Will Ramsey, Brandon Walker, Monica Holloway, Vic Regalado.
YOUNG, D.J.1
Plaintiff Etta Love Barre, as the Special Administrator of the Estate of Joshua Barre ("the Estate") brings this action on behalf of Joshua Barre ("Barre"). Etta Barre is Barre's mother. Barre suffered from severe mental illness that, when not managed by medication, resulted in Barre suffering uncontrollable psychotic episodes. Tulsa County Sheriff's Office Deputies Will Ramsey ("Deputy Ramsey"), Brandon Walker ("Deputy Walker"), and Monica Holloway ("Deputy Holloway, collectively, "the Deputies") were part of a mental health unit and familiar with Barre's history of mental illness. The Deputies unsuccessfully attempted to apprehend Barre under two civil commitment orders over a period of several days. Unfortunately, two days after the last failed attempt, Barre was shot and killed by three law enforcement officers (including Deputies Ramsey and Walker) after Barre -- brandishing two large knives -- ignored police commands, shrugged off a Taser dart, and attempted to enter a convenience store.
As set forth in more detail below, on the record presented to the Court, while it is tragic that Barre suffered from uncontrolled mental illness and was not apprehended earlier, objectively the Deputies acted reasonably. Specifically, Barre's constitutional rights were not violated under either the Fourteenth or Fourth Amendment. The Sheriff is also entitled to judgment as matter of law on the federal and state law claims against him. For the reasons stated below, the defendants’ motions for summary judgment are therefore ALLOWED and judgment shall enter in favor of the defendants.
The Estate brought this action against the Board of County Commissioners of Tulsa County ("the Board"), the Deputies and Sheriff Vic Regalado in his official capacity only ("the Sheriff"). Am. Compl., ECF No. 18.
The Board was dismissed from this action on October 15, 2019, after the Estate failed to oppose a motion to dismiss. October 15, 2019 Order, ECF No. 32.
The Deputies filed a motion for summary judgment, Defs.’ Mot. Summ. J. & Br. Supp. ("Deputies’ Mot."), ECF No. 51, the Estate opposed the motion, Pls.’ Resp. Op. Defs.’ Mot. Summ. J. ("Opp'n Deputies’ Mot."), ECF No. 61, and the Deputies filed a reply, Defs.’ Reply Pl.’s Resp. Defs.’ Mot. Summ. J. ("Deputies’ Reply"), ECF No. 66.
The Sheriff filed a motion for summary judgment, Def. Vic Regalado's Mot. Summ. J. & Br. Supp. ("Sheriff's Mot."), ECF No. 52, the Estate opposed the motion, Pls.’ Resp. Op. Def. Vic Regalado's Mot. Summ. J. ("Opp'n Sheriff's Mot."), ECF No. 62, and the Sheriff filed a reply, Def. Vic Regalado's Reply Pl.’s Resp. Def.’s Mot. Summ. J., ECF No. 67.
The Court heard oral argument on the motions for summary judgment on February 28, 2022, and took the matter under advisement. Minutes of Proceedings, ECF No. 76.
The following facts derive from the Deputies’ motion and the parties’ briefings related thereto.2 See Deputies’ Mot.; Opp'n Deputies’ Mot.; Deputies’ Reply.
1. The Deputies Are Members of the Tulsa County Sheriff's Office Mental Health Unit
"In May and June of 2017, ... [the Deputies] all worked in the Tulsa County Sheriff's Mental Health Unit [("the Mental Health Unit")]." Deputies’ Mot. ¶ 2, at 5. As the Deputies recount, "Barre had a history of severe mental illness, and had been picked up by the ... Mental Health Unit several times before June of 2017." Deputies’ Mot. ¶ 7, at 6. "Those encounters were initiated by Out of Custody Petitions for Mental Health Treatment which were filed by ... Barre's mother, Etta Barre." Id. "Petitions were filed in January of 2014, November of 2016, and February of 2017." Id.
The Estate agrees that Barre was "was profoundly and seriously mentally ill," being "diagnosed as [s]chizoaffective disorder, bipolar type." Opp'n Deputies’ Mot. ¶ 7, at 2. Additionally, Barre was "prescribed numerous psychotropic medications but had a history of noncompliance." Id.
"On May 31, 2017, the Mental Health Unit received a signed civil mental health pickup order." Id. ¶ 8, at 4. "The Order required the Mental Health Unit to locate Josh and take him to the Tulsa Center for Behavioral Health ("TCBH") for an evaluation and involuntary commitment." Id.
According to the Deputies, they "attempted to make contact with [ ] Barre several times in the next week following the May 31[, 2017] civil pick up order." Deputies’ Mot. ¶ 10, at 6. "On June 1[, 2017], June 5[, 2017], and June 7[, 2017,] contact was made with Joshua Barre [(although it is disputed whether contact was actually made with him on June 5)], but he was not picked up as he was violent and Deputies could not get him to come outside of his house." Id. ¶ 10, at 6-7 (citation omitted).
The Estate adds the following. "According to a ‘Use of Force’ memo by Deputy Holloway, the Mental Health Unit first contacted [Barre's mother] who informed them that ‘[Barre] was not staying in her home at the time due to his violent behavior so she had allowed him to stay in a house the family owned at 301 West 50th Court.’ " Opp'n Deputies’ Mot. ¶ 10, at 5 (citation omitted). "As Deputy Holloway summarizes the June 1[, 2017] contact, the Mental Health Unit arrived at the house to notice all the windows were open and the back and front main doors were opened but both screen doors were closed." Id. "As Holloway report[ed], ‘Deputy Walker attempted to speak with [Barre] through the front door but he began yelling, I am armed and dangerous while grabbing a hammer and pointing it aggressively in the direction of the front door where deputies were standing.’ " Id. " ‘[Barre] then slammed the main door and locked it’ and next ‘did the same to the back door before walking through the house and shutting any open windows and closed all the blinds.’ " Id. (citation omitted).
"Deputy Ramsey admits that he knew, as of June 1[, 2017,] that [Barre] was off of his medications and violent." Id. ¶ 10, at 6. "And, the Mental Health Unit ‘had a civil pickup order indicating to [them] that the court ha[d] found probable cause that this person is a danger to [himself] or others....’ " Id. (citation omitted). "[T]he Mental Health Unit made no [further] attempt to take [Barre] into protective custody on June 1[, 2017], but rather, left him at the residence in his psychotic and dangerous state." Id. "The Mental Health Unit had no written protocol as to what action to take in an instance like this where they had received a civil pickup order, arrived at the location and found the individual who was subject to the order to be in a state of acute psychosis
." Id.
On June 5, 2017, a second order was issued by the court, indicating "that there was ‘probable cause to believe’ [Barre] was in need of ‘an emergency evaluation and that the least restrictive means to accomplish this evaluation [wa]s an emergency detention.’ " Id. ¶ 8, at 4. "The Court specifically ordered the Mental Health Unit to go to [Barre's] residence -- at 615 East Latimer Place -- to place [Barre] into ‘protective custody’ for transport to TCBH." Id. (citation omitted). "[T]hese Orders furnished the Mental Health Unit with immediate authority to take [ ] Barre into protective custody." Id. ¶ 8, at 4.
"On June 5, 2017, Deputy Holloway arrived at the West 50th Court address, to attempt to execute the order once again." Id. ¶ 10, at 6. "As Holloway was getting out of her car, she was flagged down by [ ] a neighbor ... ‘who stated that [Barre] had been up all night causing a huge scene and scaring her children.’ " Id. (citation omitted). Specifically, she told Deputy Holloway that Barre "had placed plywood against the fence closest to the side of [the neighbor's] house and had been beating the fence with plywood between one and three hours scaring her daughter." Id. She further told Holloway "that [Barre] had been seen walking from the house with "old school metal scissors with black handles in one hand and a knife in the back of his waistline and a hammer as well." " Id. "As told to Deputy Holloway, on or before June 5, 2017, [Barre] was seen ‘wearing a hoodie on his head walking to the store in the area of 4600 North Cincinnati [Road] ranting to everyone.’ " Id. (citation omitted).
The neighbor "also stated that her teenage son had a run in with [Barre] because he was standing in the middle of the street yelling, would not move, and they were trying to drive by." Id. The neighbor indicated that she "had made contact with [Barre's mother] about the situation, but [Barre's mother] indicated that she was ‘scared of’ [Barre] at this point." Id. The neighbor "indicated, on June 5, 2017, that she ‘was afraid [Barre] would be hurt by someone if these actions continued.’ " Id.
"Deputy Ramsey was subsequently notified, on June 5, 2017, of the increasing danger posed by [Barre]." Id. ¶ 10, at 7. "In simple terms, the Mental Health Unit knew, on June 5, 2017, that [Barre] had been walking around his neighborhood, with weapons in his hands, threatening neighbors." Id. "Even with this information, it was the Mental Health Unit's position that they would not -- and could not -- go into [ ] Barre's home to place him into protective custody." Id.
According to the Deputies, "[o]n June 7, 2017, [Deputies] Ramsey, Walker and Holloway went to [ ] Barre's residence again in an effort to pick him up." Deputies’ Mot. ¶...
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