Broadnax v. United States
| Decision Date | 20 November 2015 |
| Docket Number | Case No. 3:15-cv-02460 |
| Court | U.S. District Court — Southern District of West Virginia |
| Parties | ETHELBERT BROADNAX, Plaintiff, v. UNITED STATES OF AMERICA, HUNTINGTON, WEST VIRGINIA V.A.M.C., BECKLEY, WEST VIRGINIA V.A.M.C., WESTERN REGIONAL JAIL, AMY RICHMOND, EDDIE WILDS, LARRY LARGE, LISA Y. WEBSTER, Defendants. |
On March 3, 2015, Plaintiff Ethelbert Broadnax ("Broadnax") filed his pro se civil rights complaint alleging that he had been "attacked" by police officers at the Veteran's Administration Medical Center in Huntington, West Virginia, and after being arrested at the conclusion of the "attack," he was subjected to "additional suffering" at the Western Regional Jail due to the "negligen[ce]" of some employees there. (ECF No. 1 at 2). Broadnax subsequently filed an amended complaint either clarifying his existing claims or adding claims against other persons that he alleges were involved in the same series of events. (ECF No. 5 at 2-4). Pending before the Court is a Motion to Dismiss Amended Complaint filed by Defendants United States of America; Huntington, West Virginia V.A.M.C. ("Huntington VAMC")1; Beckley, West Virginia V.A.M.C. ("Beckley VAMC"); Amy Richmond; Eddie Wilds; Larry Large; and Lisa Y. Webster (collectively, "Defendants").2 (ECF No. 29). This matter is assigned to the Honorable Robert C. Chambers, United States District Judge, and by Standing Order has been referred to the undersigned United States Magistrate Judge for the submission of proposed findings of fact and recommendations for disposition pursuant to 28 U.S.C. § 636(b)(1)(B). For the reasons that follow, the undersigned RECOMMENDS that Defendants' Motion to Dismiss Amended Complaint, (ECF No. 29), be GRANTED, and Broadnax's amended complaint, (ECF No. 5), be DISMISSED, with prejudice, with the exception of Broadnax's claim against Defendant Wilds, which should be DISMISSED, without prejudice.
On March 3, 2015, Broadnax filed a complaint alleging that Huntington VAMC police officers attacked him without provocation while he was at the medical center on April 4, 2014.3 (ECF No. 1 at 2). Broadnax claims that he was then kidnapped by the officers and held at the Western Regional Jail ("WRJ") where "negligent employees thereplaced an intoxicated and violent inmate" in the same cell as Broadnax. (Id.) In support of his claims, Broadnax attached multiple documents to his complaint, including two criminal complaints related to the events on April 4, 2014 drafted by Huntington VAMC Police Officer Larry Large ("Large"), a police report created by Large concerning the same, and a warrant petition for an offender under supervision filed in this District indicating that Broadnax was on federal probation at the time of his interaction with the Huntington VAMC officers on April 4, 2014. (ECF No. 1-1 at 1-6).
In his report, Large indicates that he was informed that police assistance was requested in the Huntington VAMC room where Broadnax was located on April 4, 2014. (ECF No. 1-1 at 4). Patient Advocate Lisa Y. Webster ("Webster") requested the presence of police after attempting to explain to Broadnax that he was "flagged" in the computer system as banned from VA property. (Id.) At some point after Large arrived, two additional Huntington VAMC officers arrived, including Captain Eddie Wilds ("Wilds"). (Id.) Broadnax insisted that he was only banned from the Beckley VAMC, but Webster informed him that she needed to call the Beckley VAMC to verify Broadnax's assertion. (Id.) Broadnax then protested that he was being mistreated, and Wilds replied that everyone was trying to "clear up the flag," so that Broadnax could receive treatment at the Huntington VAMC. (Id.) Wilds also informed Broadnax that he was not being detained and that he was free to leave the property. (Id.) Broadnax began to leave, but first allowed Wilds to search the bag he was carrying after admitting to Wilds that he had been convicted of possessing a weapon at the Beckley VAMC. (Id.) The search proved unfruitful, and Wilds told Broadnax that he would be escorted off of the property if he wished to leave. (Id.) Broadnax continued to leave, and while approaching the exit door, Broadnax made contact with Large by "brush[ing] up" against Large; Broadnax exclaimedthat Large had "assaulted" him. (Id.) Large then twice offered to give Broadnax a ride to his vehicle, to which Broadnax replied, "I'm fucking walking." (Id.) Large warned Broadnax about his language. (Id. at 4-5). While walking in "the middle of the upper road" on the property, Wilds twice asked Broadnax how he had gotten to the medical center, which Broadnax did not answer. (Id. at 5). Wilds then instructed Broadnax to walk toward the medical center because there were no sidewalks leading down to the roadway, and Broadnax complied, but not without additional profanity. (Id.) Large again warned Broadnax about his choice of words and threatened Broadnax with arrest for causing a disturbance. (Id.) Broadnax responded to Large by using words "that sound[ed] like curse words." (Id.) As the officers and Broadnax walked toward the medical center entrance, Broadnax held up his "disruptive behavior card" close to Large's face and asked if Large wanted it. (Id.) When Large reached for the card, Broadnax "flipped the paper" toward Large's face, nearly hitting Large. (Id.) Large then told Broadnax that he was under arrested for disorderly conduct and reached for Broadnax's right hand. (Id.) Broadnax pulled away from Large; however, Wilds was able to place Broadnax up against the building. (Id.) Large then used "an under arm restraint" to secure Broadnax before placing handcuffs on him. (Id.) While being taken to a holding cell on the property, Broadnax screamed that the officers had "beat" him. (Id.)
Large subsequently submitted two misdemeanor criminal complaints in the Magistrate Court of Wayne County, West Virginia. (Id. at 1-2). In the first complaint, Large stated that Broadnax "curs[ed]," was "disruptive," and "jerk[ed]" papers from Large's grasp, contrary to W. Va. Code. § 61-6-1b (). (ECF No. 1-1 at 1). In the second complaint, Large asserted that Broadnax failed to provide an officer with information when requested and attempted to pull away fromofficers after being informed that he was under arrest, contrary to W. Va. Code. § 61-5-17(a) (). (ECF No. 1-1 at 2). Large also informed Broadnax's federal probation officer, Amy Richmond ("Richmond"), that Broadnax had been arrested. (Id. at 5). At the time of the arrest, Broadnax was on federal probation for possessing a knife with a blade length exceeding three inches on the Beckley VAMC property.4 See United States v. Broadnax, No. 5:13-mj-0010, Dkt. No. 18 at 1, 5 (S.D.W.Va. Feb. 21, 2013). After receiving Large's report, Richmond filed a warrant petition in this District alleging that Broadnax had violated the terms of his probation by committing another federal, state, or local crime. Id., Dkt. No. 34 at 1 (Apr. 24, 2014). Richmond wrote in the petition that Broadnax allegedly "chest butted" a Huntington VAMC police officer and "flicked" his "disruptive behavior card" in the face of an officer. Id. Richmond requested that Broadnax's probation be revoked.5 Id. at 2.
On March 16, 2015, Broadnax filed an amended complaint alleging that his civil rights were violated by "federal agents" on April 4, 2014. (ECF No. 5 at 2). More specifically, Broadnax claims that Large and Richmond "filed false reports," conspired with each other, and deprived Broadnax of his Fifth Amendment rights. (Id. at 4). In addition, Broadnax asserts that Wilds physically assaulted Broadnax on April 4, 2014, and denied Broadnax his "rights granted by the United States Constitution." (Id.) Broadnax also claims that Webster "conspired to deprive [Broadnax] of his rights," committedmisconduct, and violated his Fifth Amendment rights. (Id.) Finally, Broadnax alleges that the WRJ "failed to provide [Broadnax] with safe housing." (Id.) With respect to relief, Broadnax requests "twenty million dollars in damages as a result of the sham arrest and attempted prosecution, etc." (Id. at 5).
On June 17, 2015, Broadnax filed a "Statement of Facts," wherein he challenges certain statements contained in the documents created by Large and Richmond that Broadnax attached to his complaint. (ECF No. 26). For example, Broadnax disputes Large's statement in the police report that Wilds informed him that he was free to leave the Huntington VAMC. (Id. at 1). Furthermore, Broadnax asserts that Webster advised the officers that he was barred from all VA facilities, which Broadnax insists was a lie. (Id.) Broadnax also claims that there is video evidence showing his head being "slammed" into the bricks of the building without provocation. (Id. at 2). With respect to Richmond, Broadnax asserts that her "report[s] to the court have been contrary" and that she was the only person to indicate that Broadnax "chest-butted" an officer on April 4, 2014. (Id.) Aside from these contentions, the remainder of the "Statement of Facts" discusses facts related to a July 2008 altercation between Broadnax and police officers at the Beckley VAMC, as well as facts concerning his arrest in July 2010 for making terroristic threats against the employees at the Beckley VAMC. (Id. at 2-4). At the conclusion of the document, Broadnax requests that the Court order the production of video recordings "in and around" the Huntington VAMC on April 4, 2014, "the name of the VA employee who placed the ban on [Broadnax's] file," and "all phone records especially those belonging to [Large and Richmond]." (Id. at 4).
On August 26, 2015, Defendants (except the WRJ) filed a Motion to Dismiss Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF No. 29at...
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