Bletz ex rel. Estate of Bletz v. Gribble
| Decision Date | 10 July 2009 |
| Docket Number | Case No. 1:08-CV-533. |
| Citation | 640 F.Supp.2d 907 |
| Parties | Kathryn A. BLETZ, Personal Representative of the ESTATE OF Fred BLETZ, Deceased, and Kathryn A. Bletz, individually, Plaintiffs, v. Travis GRIBBLE, and Brent Denny, individually, jointly and severally, Defendants. |
| Court | U.S. District Court — Western District of Michigan |
George T. Sinas, James M. Hofer, Sinas, Dramis, Brake, Boughton, & McIntyre, P.C., Lansing, MI, Hugh M. Davis, Jr., Constitutional Litigation Associates, P.C., Detroit, MI, for Plaintiffs.
Anne McClorey McLaughlin, Cummings McClorey Davis & Acho PLC, Livonia, MI, for Defendants.
Plaintiff Kathryn Bletz brings this action individually and as representative of her deceased husband's estate, alleging that Defendants Travis Gribble and Brent Denny are liable under 42 U.S.C. § 1983 and Michigan state law for fatally shooting her husband in the Bletz family home and unlawfully restraining her during and following her husband's death. Defendants assert they are entitled to qualified immunity, and move for summary judgment on all claims. (Docket # 26.) Ms. Bletz cross-moves for summary judgment on her individual claims, and opposes summary judgment on her husband's claims. (Docket # 30.) The Court heard oral argument on these motions on January 8, 2009. (Docket # 32.)
Defendants Gribble and Denny are Ionia County police officers. Gribble is a sergeant; Denny is a deputy. On the evening of May 3, 2005, Deputy Denny consulted a list of outstanding arrest warrants for residents of the Village of Saranac, Michigan. In looking over the list, Denny recognized the name of Zachary Bletz. (Denny Deposition at 23-24.) Zach Bletz's name was on the outstanding warrant list because he had failed to appear at a March 2005 court hearing in a neighboring county on misdemeanor drunk driving charges. The warrant list indicated that Zach resided at his parents' home in Saranac. (Denny at 24.) As it turns out, Zach Bletz no longer lived at his parents' home, but he happened to be visiting there on May 3, 2005. (Zach Bletz Deposition at 7.) Officers Denny and Gribble knew that Zach's parents, Fred and Kathryn "Kitti" Bletz, resided at the home.
Later that night, Deputy Denny contacted Sergeant Gribble and they decided to drive out to the Bletz family residence to arrest Zach. Officers Denny and Gribble arrived at the Bletz home at approximately 11:40 p.m. (Denny at 31; Gribble Deposition at 70.) The house was dark when they arrived, except for one "light or a TV or something" in a second-floor bedroom. (Denny at 33-34.) Denny and Gribble pulled into the driveway in separate, marked police cars. Neither officer activated their police siren, and they both turned off their headlights as they pulled into the driveway. (Denny at 31-34.) They drove to the rear of the house and parked their cars thirty to thirty-five feet away from the entrance. (Denny at 31.) At that point, both officers exited their cars and Deputy Denny approached the home and knocked on the door.
Fred and Kitti Bletz were in bed sleeping when Defendants arrived. Zach was watching television in the upstairs bedroom. He did not hear a knock on the door, but he did hear his dog barking loudly. (Z. Bletz at 17-18.) He went downstairs to check on the dog, and when he reached the door he saw Defendants standing on the back lawn, just off the steps leading to a breezeway on the southwest side of the home. (Z. Bletz at 18-19; see also Gribble at 81-85.) Zach, who was wearing shorts, a t-shirt, and slippers, exited the door onto the breezeway steps and identified himself to Defendants. (Z. Bletz at 19-22.) Denny informed Zach that the officers were there to arrest him on the warrant. All parties agree that Zach was cooperative with Officers Denny and Gribble.
Zach Bletz still was in slippers at the time of his arrest. According to Bletz, either Denny or Gribble ordered him to go inside and put on shoes to wear to jail. (Z. Bletz at 22, 26.) Denny and Gribble testified that Zach asked to enter the house to get shoes, and they informed him he could do so only if they came inside with him. (Denny at 38-40, 43; Gribble at 84.) In any event, Zach reentered the house through the breezeway door, and the officers started to follow him into the house. Zach testified that he turned to close the breezeway door behind him, but Deputy Denny forced the door open with his hand and his gun. (Z. Bletz at 26-27.) Zach asked, "Do you have a warrant?" (Z. Bletz at 26.) Neither officer responded. Instead they ordered Zach to restrain his dog so they could safely enter the house. Zach corralled the barking dog, passed through the breezeway, and entered the house via a door to the kitchen. (Z. Bletz at 26-29.)
Defendants waited in the breezeway while Zach took the dog down a hallway toward the back of the house. There were no lights in the breezeway, but there was a dim glow in the kitchen. (Denny at 48.) Prior to entering the breezeway both Denny and Gribble had seen through the kitchen window a person—who they later learned was Zach's father, Fred Bletz—standing or walking through the kitchen. (Denny at 47-48; Gribble at 87-89.) Gribble "flickered" his flashlight towards the window in an attempt to get Fred's attention, and Fred "abruptly moved away from the window." (Gribble at 91-92.) Gribble alerted Denny to Fred's presence, but neither officer asked Zach Bletz who the man was or what he was doing in the kitchen.1 At the time Defendants entered the breezeway they could no longer see Mr. Bletz and did not know where he was in the house. (Denny at 48-52; Gribble at 96-99.)
Defendants were standing in the breezeway when Denny observed through the open kitchen door a long-haired man in underwear and a t-shirt pointing a gun at him. That man was Fred Bletz. The ensuing encounter between Mr. Bletz and Defendants lasted just six to ten seconds. (Denny at 65-67.) Denny shouted "Gun!" or "He's got a gun!," and both officers crouched in the corner of the breezeway. (Denny at 60-61.) Gribble shined a flashlight at Fred Bletz and yelled at him to "put the gun down!" or "put the fucking gun down!" (Z. Bletz at 29-31.) Fred, who had poor vision and hearing and was not wearing glasses or a hearing aid at the time, repeatedly asked, "Who are you?" (Z. Bletz at 29-30.) Gribble asserts that he yelled "Sheriff's Department!" one time, but Denny does not recall ever hearing Gribble say those words. (Gribble at 109-113; Denny at 61-62.) Denny admits that he never identified himself as a police officer to Fred Bletz. (Denny at 61-62.)
When Fred Bletz did not immediately drop his weapon, Sergeant Gribble fired four shots at Fred, striking him once. (Gribble at 118.) Fred Bletz did not fire any shots. In fact, his gun was not loaded. Gribble testified that Fred was pointing a gun directly at him when he fired, but Zach Bletz testified that his father was lowering his weapon when Gribble fired. (Z. Bletz at 31-32, 57-58.) Denny could not see any part of the standoff because his face was "buried into a corner" of the breezeway. (Denny at 63-68.) Defendants concede Fred Bletz died as a result of the gunshot.
After Sergeant Gribble shot Fred Bletz, he and Deputy Denny rushed into the house through the kitchen door. Deputy Denny immediately handcuffed Zach Bletz, who already was laying face-down on the kitchen floor. (Denny at 70.) Gribble kicked the gun out of Fred Bletz's hand, and both officers entered the dining room, where they encountered Kitti Bletz. Ms. Bletz had awoken and exited the bedroom into the living room or dining room. (K. Bletz at 60-68.) Gribble ordered Ms. Bletz to the ground and either he or Deputy Denny handcuffed her. Denny then removed Kitti and Zach Bletz from the house and placed them, still handcuffed, in separate, locked police cars parked outside the Bletz home.
Ms. Bletz and her son were cuffed and held in police custody for approximately three hours. After they were removed from the home, Michigan State Police Troopers, medical personnel, and news reporters arrived at the scene. (K. Bletz at 89-92.) Sometime thereafter, Kitti and Zach were transferred from Defendants' patrol cars to state police cars. They were released from police custody later that night, after Fred Bletz was pronounced dead on the scene.
Plaintiff Kitti Bletz originally filed this action as two separate cases in Ionia County Circuit Court. (Brief in Support of Removal, docket # 2, Exhibits 1B, 3C.) One complaint asserts claims arising under state law, and the other complaint contains claims arising under federal law. The state court consolidated the two cases, and Defendants removed the consolidated action to this court.
Plaintiff claims Defendants are liable under 42 U.S.C. § 1983 for violating her and her deceased husband's Second, Fourth, Fifth, Eighth and Fourteenth Amendment rights. (Notice of Removal, docket # 2, Exhibit 1B, May 1, 2008 Complaint.) Plaintiff claims Defendants are liable under state law for gross negligence and assault and battery in the killing of Fred Bletz, and false imprisonment, false arrest, and assault and battery of Kitti Bletz. (Id., Exhibit 3C, December 21, 2007 Amended Complaint.) Ms. Bletz also asserts a bystander liability claim based on her witnessing her husband's death. Defendants move for summary judgment on all claims.2 (Docket # 26.) Plaintiff opposes summary judgment for the Defendants and cross-moves for summary judgment on her own individual Fourth Amendment and state law tort claims.3 (Docket # 30.)
Summary judgment is appropriate where there are no genuine issues of...
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