Bohanan v. Paulding Cnty.

• Decision Date: 17 August 2020
• Docket Number: CIVIL ACTION FILE NO. 4:18-CV-00252-HLM
• Citation: 479 F.Supp.3d 1345
• Parties: Michelle BOHANAN, individually on behalf of herself and the minor children of Brandon Bohanan, Plaintiff, v. PAULDING COUNTY, GEORGIA, et al., Defendants.
• Court: U.S. District Court — Northern District of Georgia

479 F.Supp.3d 1345

Michelle BOHANAN, individually on behalf of herself and the minor children of Brandon Bohanan, Plaintiff,

v.PAULDING COUNTY, GEORGIA, et al., Defendants.

CIVIL ACTION FILE NO. 4:18-CV-00252-HLM

United States District Court, N.D. Georgia, Rome Division.

Signed August 17, 2020

Chloe Elodie Dallaire, The Hornsby Law Group, Atlanta, GA, James E. Dearing, Jr., James E. Dearing, Jr., P.C., East Point, GA, for Plaintiff.

Gary Kevin Morris, Terry Eugene Williams, Williams, Morris & Waymire, LLC, Buford, GA, for Defendants.

ORDER

Harold L. Murphy, SENIOR UNITED STATE DISTRICT JUDGE

This case is before the Court on Defendants’ Motion for Summary Judgment [73].

I. Background

Keeping in mind that, when deciding a motion for summary judgment, the Court must view the evidence and all factual inferences in the light most favorable to the party opposing the motion, the Court provides the following statement of facts. Strickland v. Norfolk S. Ry. Co., 692 F.3d 1151, 1154 (11th Cir. 2012). This statement does not represent actual findings of fact. Rich v. Sec'y, Fla. Dep't of Corr., 716 F.3d 525, 530 (11th Cir. 2013). Instead, the Court has provided the statement simply to place its legal analysis in the context of this particular case or controversy.

As required by the Local Rules, Defendants filed a Statement of Material Facts in support of their Motion. ("DSMF"). (Docket Entry No. 73-2.) Plaintiffs filed a response to DSMF ("PRDSMF"). (Docket Entry No. 77-3.)

As permitted by the Local Rules, Plaintiffs filed a Statement of Additional Facts in opposition to Defendants’ Motion ("PSAF"). (Docket Entry No. 77-2.) Defendants filed a response to PSAF ("DRPSAF"). (Docket Entry No. 92-1.)

The Court evaluates DSMF, PRDSMF, PSAF, and DRPSAF below. Where one party has objected to a proposed fact, and the Court does not explicitly discuss the objection, that party can conclude that the Court has overruled the objection. If the Court does not reference a proposed fact or the substance of a proposed fact, the parties can conclude that the Court has found the proposed fact immaterial or unsupported.

A. Factual Background

Sometime on October 4, 2017, Paulding County Sheriff's Deputy Jimmy Motes received information that Leila Sierra Duncan, a person suspected of methamphetamine trafficking, was hiding out at 288 Township Drive. (DSMF ¶ 1; PRDSMF ¶ 1.) Deputy Motes was familiar with that address, as he and many other deputies had been sent to the residence numerous times. (DSMF ¶ 2; PRDSMF ¶ 2.) At the time of the events giving rise to this case, Brandon Bohanan lived at 288 Township Drive. (DSMF ¶ 4; PRDSMF ¶ 4.)

In an effort to locate Ms. Duncan, Deputy Motes drove to the house at 288 Township Drive when he reported for work the next day. (DSMF ¶ 6; PRDSMF ¶ 6.) Deputy Motes was accompanied by two other county officers, Deputy Adam Cook and Sergeant Brooks Emory. (DSMF ¶ 7; PRDSMF ¶ 7.) When the officers arrived, they saw a vehicle with three occupants parked outside. (DSMF ¶ 8; PRDSMF ¶ 8.) They also observed a spray-painted motorcycle partially sticking out of the basement door. (DSMF ¶ 9; PRDSMF ¶ 9.) Deputies Motes and Emory went to the front door of the house, while Sergeant Cook addressed the individuals in the vehicle. (DSMF ¶ 10; PRDSMF ¶ 10.)

Sergeant Cook began by asking all three occupants for their names and birth dates, so he could verify their identities via radio dispatch. (DSMF ¶ 12; PRDSMF ¶ 12.) The male passenger then provided a name and birth date that did not return, at which point Sergeant Cook asked him to step out of the vehicle for further investigation. (DSMF ¶ 13; PRDSMF ¶ 13.) When the man did so, Sergeant Cook noticed that he was wearing a gun holster. (DSMF ¶ 14; PRDSMF ¶ 14.)

The deputies, meanwhile, made contact with Terry Mosely—Brandon Bohanan's uncle—at the front door. (DSMF ¶ 15; PRDSMF ¶ 15.) When Deputy Motes asked whether Ms. Duncan was inside, Mr. Mosely answered that she had been there, but he was not sure where she was at that exact time. (DSMF ¶ 17; PRDSMF ¶ 17.) Mr. Mosely then allowed Deputy Motes to enter the home, at which point Renee Bohanan—Brandon Bohanan's mother and the owner of the house—gave the officers permission to look around and confirm that Ms. Duncan was not there. (DSMF ¶ 18; PRDSMF ¶ 18.)

Deputies Motes and Emory then performed a brief search of the upstairs portion of the home before returning to the driveway, where Sergeant Cook advised them that the male passenger had given a false name and was wearing a gun holster. (DSMF ¶ 19; PRDSMF ¶ 19.) As Deputy Motes assisted in identifying the man, Deputy Emory walked over to keep watch over the remaining occupants of the vehicle. (DSMF ¶ 20; PRDSMF ¶ 20.) When he had done so, the vehicle's driver admitted to Deputy Emory that she was sitting on a pistol. (DSMF ¶ 20; PRDSMF ¶ 20.) Around the same time, the male passenger admitted to Deputy Motes that his actual name was Jacob Barkwell. (DSMF ¶ 21; PRDSMF ¶ 21.)

When Deputy Motes asked Mr. Barkwell what he and his companions were doing at the house, he answered that they were "there to see Brandon Bohanan." (DSMF ¶ 22; PRDSMF ¶ 22.) Mr. Barkwell went on to explain that Mr. Bohanan was in the basement and that they had just spoken on the phone. (DSMF ¶ 23; PRDSMF ¶ 23.) Deputy Motes recognized Brandon Bohanan's name and knew that there were outstanding warrants for his arrest.¹ (DSMF ¶ 24; PRDSMF ¶ 24.) The officers’ dispatcher quickly confirmed that those warrants were still active. (DSMF ¶ 25; PRDSMF ¶ 25.)

Upon overhearing Deputy Motes’ conversation with dispatch, Deputy Ricky Waters called Deputy Motes to warn that, on a previous occasion, Mr. Bohanan had barricaded himself in the basement bedroom when Deputy Waters tried to arrest him at 288 Township Drive. (DSMF ¶ 26; PRDSMF ¶ 26.) Deputy Waters added that Mr. Bohanan eventually did open the door, but only after deputies threatened to breach it. (DSMF ¶ 27; PRDSMF ¶ 27.) Hearing this, given Deputy Waters’ familiarity with the house and his past experience negotiating with Mr. Bohanan, Deputy Motes requested that Deputy Waters and his K9 also respond to the scene. (DSMF ¶ 28; PRDSMF ¶ 28.)

At this point, Deputies Motes and Emory entered the basement, went to the bedroom door, and knocked loudly. (DSMF ¶ 29; PRDSMF ¶ 29.) According to Deputy Motes, the next few minutes unfolded in the following way:

We beat on the door, we beat on the wall. I attempted ... I told Brandon, it's Jimmy Motes, I'm here, you have a warrant, you just have probation warrants you need to take care of, just open the door. I went over and over again. I kept yelling in there. I kept yelling for Brandon to open the door or anybody in the room with Brandon, please open the door, don't catch another charge. Because if we have to breach this door, you will catch another charge. I do not want to tear up your door, Brandon, don't make me breach it.

At some point, I went to the stairs and yelled up the stairs for somebody in Brandon's family to come to the door. Terry Mosely came to the door, I said, do you have a key to this door, we do not want to tear up this door. He says, no, we do not have it. I said, can somebody just come down here and get this door open us so we don't have to breach it. He said, no, and closed the door. I went back to yelling and beating on the wall and beating on the door.

(DSMF ¶ 30; PRDSMF ¶ 30.) The deputies continued to beat on the bedroom door for roughly thirty to forty-five minutes. (DSMF ¶ 31; PRDSMF ¶ 31.) Deputy Motes, a trained negotiator, attempted to get Mr. Bohanan talking during this time, but no response ever came from the other side of the door. (DSMF ¶ 32; PRDSMF ¶ 32.)

Eventually, Sergeant Cook also came into the basement to ask about the deputies’ progress. (DSMF ¶ 33; PRDSMF ¶ 33.) Deputy Motes responded that they likely would have to breach the door because Mr. Bohanan would not open it. (DSMF ¶ 33; PRDSMF ¶ 33.) When Deputy Waters arrived soon afterward, he took his K9 downstairs and had the dog bark in an attempt to convince Mr. Bohanan to open the door. (DSMF ¶ 34; PRDSMF ¶ 34.) This too was unsuccessful.

As the situation continued to develop, several more county officers were called in to assist, including Deputy Mike Ellison. (DSMF ¶ 37; PRDSMF ¶ 37.) Deputy Ellison regularly trained together with Deputy Motes, Deputy Waters, and Sergeant Cook. (DSMF ¶ 39; PRDSMF ¶ 39.) Making forced entries was a part of that training. (DSMF ¶ 39; PRDSMF ¶ 39.) Moreover, every member of their division carried a battering ram and received extensive training on how to breach doors. (DSMF ¶ 41; PRDSMF ¶ 41.)

When Sergeant Cook informed Deputy Ellison that they likely would need to breach the bedroom door, Deputy Ellison retrieved his assigned ram from his patrol vehicle. (DSMF ¶ 42; PRDSMF ¶ 42.) Sergeant Cook then gave permission to breach the door, at which point the deputies formed a "stack."² (DSMF ¶ 43, 56; PRDSMF ¶ 43, 56.) Deputy Ellison was situated as the breacher, with the other deputies stacked behind him. (DSMF ¶ 56.) Deputy Waters then announced that ha was an officer with the Paulding County Sheriff's Office's K-9 Unit, and that he was going to send in his dog if the room's occupants did not come out immediately. (DSMF ¶ 57; PRDSMF ¶ 57.) Several moments passed without anyone opening the door, so Deputy Ellison began to use his ram.³ (DSMF ¶ 58; PRDSMF ¶ 58.) The bedroom door did not budge, however, even after approximately fifteen to twenty blows from Deputy Ellison's battering ram. (DSMF ¶¶ 58-59; PRDSMF ¶¶ 58-59.)

Roughly around this time, Deputies David Martin and Link Davis also arrived on the scene. (DSMF ¶ 68; PRDSMF ¶ 68.) And because Deputy Ellison had been unsuccessful thus far in breaching the bedroom door, he asked Deputy Martin to take over. (DSMF ¶ 71; PRDSMF ¶ 71.) After Deputy Martin used the battering ram a few times himself, he could tell that something was blocking or reinforcing the door. (DSMF ¶...