Black v. City of Mobile

Decision Date05 August 2013
Docket NumberCivil Action No. 12–0413–CG–B.
Citation963 F.Supp.2d 1288
PartiesCarlos BLACK, Plaintiff, v. CITY OF MOBILE, et al., Defendants.
CourtU.S. District Court — Southern District of Alabama

963 F.Supp.2d 1288

Carlos BLACK, Plaintiff,
v.
CITY OF MOBILE, et al., Defendants.

Civil Action No. 12–0413–CG–B.

United States District Court,
S.D. Alabama,
Southern Division.

Aug. 5, 2013.


[963 F.Supp.2d 1293]


Scott Wayne Hunter, Scott W. Hunter, LLC, Daphne, AL, for Plaintiff.

Thomas O. Gaillard, III, Alicia Jacob Corley, Galloway, Wettermark, Everest, Rutens & Gaillard, LLP, James B. Rossler, Mobile, AL, for Defendants.


ORDER

CALLIE V.S. GRANADE, District Judge.

This matter is before the court on the motions for summary of judgment of the defendants Durwin Martin (“Martin”) (Doc. 43), Police Chief Michael Williams

[963 F.Supp.2d 1294]

(“Chief Williams”) and the City of Mobile (Doc. 39), plaintiff Carlos Black's (“Black”) response (Doc. 48), and the defendants' replies. (Docs. 52, 54).

On May 22, 2012, Black filed a complaint against Martin, Chief Williams and the City of Mobile in the Circuit Court of Mobile County, Alabama, alleging (1) a state law claim and 42 U.S.C. § 1983 against Martin, Chief Williams and the City of Mobile for assault; (2) a state law claim and 42 U.S.C. § 1983 claim against Martin for unlawful arrest; (3) a state law and a 42 U.S.C. § 1983 claim against Martin for excessive force; and (4) a claim against the City of Mobile and Chief Williams pursuant to 42 U.S.C. § 1983 and Alabama state law for the failure to train, monitor or supervise. (Doc. 2–1)

On June 21, 2012, Chief Williams and the City of Mobile removed the case to this court. (Doc. 1). Subsequently, on May 21, 2013, Chief Williams and the City of Mobile filed a motion for summary judgment and Martin did the same. (Docs. 41, 44). For reasons stated below, Chief Williams' and the City of Mobile's motion for summary judgment is due to be GRANTED and Martin's motion for summary judgment is due to be DENIED.

I. FACTUAL BACKGROUND

For summary judgment purposes, the court's analysis must begin with a description of the facts in the light most favorable to Black, who is the nonmoving party. See Skrtich v. Thornton, 280 F.3d 1295, 1299 (11th Cir.2002).

Black filed this lawsuit against former City of Mobile Police Officer Martin, the City of Mobile and Chief Williams as a result of his arrest on May 22, 2010 at the Howard Johnson motel (“the motel”) located at 2132 Government Boulevard in Mobile, Alabama. (Doc. 48).

On the date of the incident, Black was working at the motel as a security guard. (Doc. 46–1 at 109). The motel hired Black to eliminate multiple problems including drug transactions, fights and theft. Id. at 114. Black had been living at the hotel since he was hired in October or November of 2009. Id. at 109–110. Black lived in room 210, which was located on the second floor of the motel across from the stairwell. Id. at 112. Black's girlfriend at the time, Deidra Doyle (“Deidra”) and her son, moved in with Black around February or March of 2010.1

On May 22, 2010, a guest of the motel named Carletha Palmer contacted the Mobile Police Department to report the possible theft of her wallet from her motel room. (Doc. 45–1 at 2). An officer with the Mobile Police Department handled the report over the phone. Id.

Mobile Police Department received a second call regarding the theft of Ms. Palmer's wallet later that day. Id. City of Mobile Police Officers Stephen O'Daniel (“O'Daniel”) and Martin were dispatched to the motel to respond to the call. (Doc. 40–2, ¶ 3; Doc. 45–1 at 2). Martin and O'Daniel arrived at the motel at approximately 1:30 a.m. (Doc 40–2, ¶ 3). Ms. Palmer's room was located upstairs about four rooms down from Black's room. (Doc. 46–1 at 181–182). Black was in Ms. Palmer's room arguing with Ms. Palmer's boyfriend, but he and another security guard working at the motel left immediately after the officers arrived. (Doc. 40–2, ¶ 3; Doc. 45–1 at 2). Ms. Palmer then informed Martin and O'Daniel that she suspected her boyfriend, Eddie Bailey (“Bailey”), took her wallet. Id. Bailey denied taking the wallet. Id. Ms. Palmer did not want to file a police report, but requested that Bailey leave the room. (Doc. 45–1 at 2). At that point, Bailey left the

[963 F.Supp.2d 1295]

motel room and the officers left the premises. (Doc. 40–2, ¶ 3; Doc. 45–1 at 2).

Ms. Palmer contacted the police department a third time on May 22, 2010, and Officer O'Daniel and Martin were once again dispatched to the motel. (Doc. 40–2, ¶ 4; Doc. 45–1 at 2). The officers arrived at the motel at approximately 3:30 a.m. (Doc. 40–2, ¶ 4). As they were walking to Ms. Palmer's room, the officers testified that Black came into the hallway from another room and told Martin that he needed to leave the motel because he was not allowed to be there. (Doc. 40–2, ¶ 4; Doc. 45–1 at 2–3). The officers claim they ignored Black's comments and continued to Ms. Palmer's room. Id.

Ms. Palmer notified the officers that Bailey had seen Black take items from her wallet and discard the wallet in the parking lot. (Doc. 40–2, ¶ 5; Doc. 45–1 at 3). When Ms. Palmer confronted Black, he said that Bailey had stolen the wallet and bought drinks in the motel bar with her credit card. Id. Ms. Palmer also explained that Black described items inside her wallet that only she would know about. Id. The officers testified that they then asked Ms. Palmer to come downstairs with them to let the motel's manager know that Black had been implicated in the theft of a motel guest's property. Id.

The officers and Ms. Palmer claim that on their way downstairs Black came out into the hall again yelling at Martin that he was not allowed on the property. (Doc. 40–2, ¶ 6; Doc. 45–1 at 3). Officer O'Daniel told Black to return to his room. Id. Black began walking towards Martin becoming louder and shouting obscenities. Id. Deidra also came outside of the room and began yelling at Martin. Id. Black had woken her up to let her know Martin was at the motel. Id.

Officer O'Daniel testified that he again told Black to go back inside his motel room or he would be arrested for disorderly conduct. (Doc. 40–2, ¶ 6; Doc. 45–1 at 3). Black and Deidra continued to yell at Martin, and Black moved towards Martin in an aggressive manner. Id. Martin testified that he told Black he was under arrest for disorderly conduct. (Doc. 40–2, ¶ 7; Doc. 45–1 at 3). The officers stated that when they tried to place Black under arrest, Deidra intervened in attempt to prevent the arrest. Id. Officer O'Daniel then moved Deidra out of the way. (Doc. 45–1 at 3). The officers testified that Martin grabbed Black's arm and applied one handcuff to his wrist. (Doc. 40–2, ¶ 7; Doc. 45–1 at 3). The officers claim that Black told Martin to get his hands off of him while spinning around to punch Martin in the face. The officers state that Martin then began returning blows in self-defense. (Doc. 40–2, ¶ 7). Officer O'Daniel testified that he fired his taser at Black, but the probes did not hit him. (Doc. 40–2, ¶ 7; Doc. 40–1 at 193–194; Doc. 45–1 at 4).

Black disputes that he was yelling at Martin or under arrest before the fight between him and Martin began. (Doc. 51–1 at 206–208). Black testified that he was heading down to the motel bar to further investigate the theft of Ms. Palmer's wallet when Martin grabbed his collar as he approached the stairwell. (Doc. 51–1 at 191–192). Black stated that Deidra attempted to intervene in the altercation, but Martin pushed Deidra away yelling, “move back, bitch.” (Doc. 51–2 at 277–278; Doc. 51–3 at 83). Deidra was pregnant at the time of the incident. (Doc. 51–2 at 280; Doc. 51–3 at 118). Black testified that Martin began punching him while Officer O'Daniel stood back and allowed the fight to continue. (Doc. 51–1 at 193, 278–279; Doc. 51–3 at 83–85, 118–199).

At this point in the narrative, all parties agree that Black kicked Martin in the midsection knocking him backwards down the

[963 F.Supp.2d 1296]

stairwell. (Doc. 40–1 at 192). After falling down about eight steps, Martin caught himself. Id. at 194. Martin attempted to fire his taser at Black, but it had no effect. (Doc. 40–2, ¶ 8). Martin testified that Black then turned around and began running down the hallway. (Doc 40–1 at 197; Doc. 40–2, ¶ 8). The officers chased after Black, but Black grabbed Martin around his gun belt. (Doc. 40–1 at 197). Black testified that he slung Martin on the ground and was on top of Martin exchanging blows. (Doc. 40–1 at 197). Black would not let Martin get up. Id. Officer O'Daniel deployed his taser in touch-stun mode, but Black continued to resist. (Doc. 40–2, ¶ 8). Martin testified that at this point he touch tased Black to get him under control. (Doc. 45–1 at 4).

Black was handcuffed and placed under arrest for disorderly conduct, public intoxication, assault second degree and resisting arrest. (Doc. 45–1 at 6). Black testified that while he was handcuffed face-down on the ground, Martin kicked him in the head. (Doc. 51–2 at 282; Doc. 51–3 at 84, 120–121). Officer O'Daniel and Martin deny this allegation. Black also claims his shoulder was injured when the officers picked him up by his handcuffs and him dragged downstairs. (Doc. 51–2 at 283–284; Doc. 51–3 at 123–124). Firemedics came to the scene and treated Black for a cut on his head and near his neck. (Doc. 45–1 at 4).

Sergeant Lee Peirce with the City of Mobile Police Department, who was supervisor over Officer O'Daniel and Martin at the time, responded to the scene to investigate the incident. (Doc. 40–4 at 2–3).

A few days following the incident, Beatrice Hunt (“Hunt”), who was Martin's ex-girlfriend and a mutual acquaintance with Black, went to speak with Martin about what happened between him and Black at the motel. (Doc. 49–2, ¶ 7). Martin stated that his fellow police officers “had his back” with regard to the incident. Id. at ¶ 8. Martin also told Hunt to stay out of the matter or he would have her arrested on a warrant issued for her on an outstanding traffic ticket. Id. at ¶ 9.

Black contends he first met Martin in 2006 while Black was working as a...

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