Buchanan ex rel. Estate of Buchanan v. Maine, No. CIV.04-26-B-W.
| Citation | 417 F.Supp.2d 45 |
| Decision Date | 16 February 2006 |
| Docket Number | No. CIV.04-26-B-W. |
| Parties | Daniel BUCHANAN, as Personal Representative of the Estate of Michael BUCHANAN, et al., Plaintiffs, v. State of MAINE, et al. Defendants. |
| Court | U.S. District Court — District of Maine |
Robert J. Stolt, Lipman, Katz & McKee, Augusta, ME, for Daniel Buchanan Personal Representative of the Estate of Michael Buchanan, Michael Buchanan, Estate of, Plaintiffs.
Christopher C. Taub, Maine Attorney, General's Office, Augusta, Cassandra S. Shaffer, Wheeler & Arey, P.A., Peter T. Marchesi, Wheeler & Arey, P.A., Waterville, ME, for Maine, State of, Lynn Duby Individually and in her official capacity as former Commissioner of the Maine Department of Behavioral and Developmental Services, Sabra Burdick Individually and in her official capacity as Acting Commissioner of the Maine Department of Behavioral and Developmental Services, Julianne Edmonson, Joel Gilbert, Lincoln, County of, Todd Brackett Individually and in his official capacity as Lincoln County Sheriff, Robert Emerson, Kenneth Hatch, Maine Department of Health and Human Services Commissioner, William Carter, Sheriff, Lincoln County, Defendants.
ORDER ON DEFENDANTS LINCOLN COUNTY, WILLIAM CARTER, TODD BRACKETT, ROBERT EERSON AND KENNETH HATCH'S MOTION FOR SUMMARY JUDGMENT
On February 25, 2002, Lincoln County Deputy Sheriff Kenneth Hatch shot and killed Michael Buchanan. This law suit tests the legal implications of his death.1 Concluding that (1) Deputy Hatch's and Deputy Emerson's warrantless entry of Mr. Buchanan's home was reasonable under the Fourth Amendment; (2) Deputy Hatch's use of deadly force was reasonable under the Fourth Amendment; (3) Lincoln County did not violate Mr. Buchanan's Fourth Amendment rights; (4) former Lincoln County Sheriff William Carter is not subject to supervisory liability for the acts of Deputies Hatch and Emerson; and, (5) Title II of the ADA does not apply in the exigent circumstances here, this Court grants the County Defendants' Motion for Summary Judgment (Docket # 81).2
On February 25, 2002, at about 5:11 p.m., Teri Johnston of Jefferson, Maine called Lincoln County Communications Officer Kathy Blandon to ask the Sheriffs Department to check on her neighbor, Michael Buchanan Defendants' Statement of Material Facts (Docket # 82) (DSMF) ¶ 6; Plaintiff's Statement of Additional Material Facts (Docket # 89) (PSMF) ¶ 1. At 5:14 p.m., after being assigned the call, Lincoln County Deputy Sheriff Kenneth Hatch discussed the situation with Ms. Johnston. PSMF ¶ 2. She explained that Mr. Buchanan had tried to light her woodpile on fire and although she did not want him arrested, she asked the Sheriffs Department to check on his well being.4 DSMF ¶ 6; PSMF ¶¶ 1, 2.
After Deputy Hatch received the call, he instructed Deputy Robert Emerson to accompany him.5 DSMF ¶ 7; Plaintiffs' Opposition to Defendants' Statement of Material Facts (Docket # 89) (PODSMF) ¶ 7. Deputy Hatch was not familiar with Mr. Buchanan or his residence, but learned from Ms. Johnston that it was located approximately a half mile into the woods and the driveway was not plowed. PSMF ¶ 3. Deputy Hatch concluded it was better to have a back up, given the nature of the call and the location of the residence.6 Id. They were dressed in full police uniforms. DSMF ¶ 8. Neither Deputy Hatch nor Deputy Emerson had any prior knowledge of or dealings with Mr. Buchanan. PSMF ¶ 4.
At approximately 5:59 p.m., Deputies Emerson and Hatch arrived at the entrance of Mr. Buchanan's unplowed driveway in Somerville, and Deputy Emerson radioed dispatch that he and Deputy Hatch were about to walk the quarter to half-mile trek to Mr. Buchanan's house.7 DSMF ¶ 9; PSMF ¶ 5. As they approached, Deputy Emerson could see a light in the residence. PSMF ¶ 6. The residence was approximately 36 feet long and 24 feet wide with a daylight basement and a single story over the basement. Id. The upstairs had two windows: one on the short side of the house and the other on the long side. Id. ¶ 7. They walked to the area outside the house where the lights were on. Id.
While Deputy Emerson walked along the side of the house to determine whether there were any other doors, Deputy Hatch went to the door and knocked several times. DSMF ¶ 10; PODSMF ¶ 10; PSMF ¶ 8. No one came to the door. PSMF ¶ 8. The deputies first observed Mr. Buchanan walking to a window in his kitchen. DSMF ¶ 11; PODSMF ¶ 11; PSMF ¶ 10. He appeared to be screaming, but the deputies initially could not hear his voice because the window was shut. PODSMF ¶ 11. Mr. Buchanan proceeded to another window, which he opened. PSMF ¶ 10. He screamed that he worked for the Massachusetts Sheriff's Department and that "You are not throwing me in a Nazi Jewish oven." Id.
Deputy Emerson yelled, Id. ¶ 11. Mr. Buchanan responded that they were not there to check on him and began screaming about being with the New York State Police and the federal government, and that he had the right to sell guns. Id. Deputy Emerson replied that they were just there to check on him, but Mr. Buchanan said, "No," and they were just trying to get "Evelyn" after him. Id. Deputy Emerson replied he did not know who Evelyn was. Id. Mr. Buchanan told them to get off his property, to go back to the main road, and that he was going to kill them. Id. ¶ 12.
Mr. Buchanan reappeared, reopened the window, and started screaming nonsensical "babble." Id. ¶ 13. On the assumption that Evelyn may have been his counselor, Deputy Emerson told Mr. Buchanan they would call Evelyn if he wanted them to do so. Id. Mr. Buchanan replied, "Evelyn, the Hun" and "Evelyn, the Nazi" and swore at them. Id. At that point, Mr. Buchanan walked away from the window and then returned. Id. ¶ 14. He threw some liquid that smelled like liquor at Deputy Emerson. Id. Deputy Emerson stepped back to avoid the liquid and was struck by only a small amount. Id. ¶ 15.
Mr. Buchanan then shut the window, turned off the interior light, and left the room. Id. ¶ 17. He proceeded to the other end of the house and turned lights on there. Id. At this time, Deputy Hatch had radioed dispatch to advise them of the situation and the possibility that Mr. Buchanan had barricaded himself inside the residence. Id. ¶ 18. He requested that dispatch contact Ms. Johnston to ascertain the name of Mr. Buchanan's counselor. Id. He asked dispatch to find out what the counselor advised. Id.
Deputy Emerson was at the entry door when he heard a loud smashing sound, which he initially thought was a gunshot, but concluded was breaking glass. DSMF ¶ 17; PODSMF ¶ 17; PSMF ¶ 17; DRPSMF ¶ 17. He yelled to Deputy Hatch, asking him if the loud noise was a shotgun blast. PODSMF ¶ 18. Deputy Hatch advised Deputy Emerson that he was unsure, but believed it was a window breaking. Id. Deputy Hatch requested that dispatch also call the on-call supervisor and apprise him of the situation. Id.
Shortly after the deputies heard the loud smashing sound, Deputy Emerson shined his flashlight into the basement of the house and observed Mr. Buchanan coming down the stairs into the cellar toward the exterior door. PSMF ¶¶ 19, 20. Deputy Emerson could see Mr. Buchanan's hands and noticed the knuckles on at least one hand were bloody. Id. ¶ 20. Deputy Emerson was standing just outside the basement door. Id. ¶ 19. Mr. Buchanan opened the door, began screaming to take your "fucking warrants" and about the Commonwealth of Massachusetts and the federal government. Id. ¶ 22. Deputy Emerson told Mr. Buchanan that he had no warrants, and Mr. Buchanan spit at Deputy Emerson, hitting him in the chest. Id. Mr. Buchanan turned and started back upstairs. Id. ¶ 23.
Realizing Mr. Buchanan had left the basement door ajar, Deputy Emerson followed him into the residence, because having seen the injury to Mr. Buchanan's hand and having heard the breaking glass, he thought Mr. Buchanan was going to injure himself. Id. ¶ 27. Deputy Hatch followed shortly, and saw some blood on Mr. Buchanan's hand.8 DSMF ¶ 25; PODSMF ¶ 25. When Mr. Buchanan was approximately half way up the basement stairs, he leaned over the stairwell railing and began throwing his arms around and screaming. PSMF ¶ 25. Deputy Emerson attempted to grab Mr. Buchanan's hand, but missed. Id. Mr. Buchanan screamed, spit at him, and ran up the remaining stairs. Id. As Mr. Buchanan turned to go up the stairs, Deputy Emerson made another attempt to grab his arm, but missed again. Id. ¶ 26. Deputy Emerson was about one-third of the way up the stairs, when Mr. Buchanan passed through the door into the living area and slammed it closed. Id. ¶ 29.
As Mr. Buchanan shut the door, Deputy Emerson proceeded up the stairway with Deputy Hatch behind him Id. ¶¶ 29, 30. Deputy Emerson was about three-quarters of the way up the staircase, almost near the landing, and Deputy Hatch was on the third or fourth step from the bottom. Id. ¶¶ 30, 31. Mr. Buchanan suddenly reopened the door and stepped out on the landing, holding a knife in his right hand. DSMF ¶ 28; PODSMF ¶ 28; PSMF ¶ 31 70. Deputy Emerson attempted, unsuccessfully, to seize the knife and Mr. Buchanan grabbed Deputy Emerson's back. PODSMF ¶ 29. Deputy Emerson screamed, "Knife," and Mr. Buchanan plunged the knife into the back of Deputy Emerson's shoulder. Id. ¶ 25. Deputy Emerson cried out: "Kenny, he stabbed me, he's killing me, save me, help me." Id. Deputy Hatch drew his weapon and Mr. Buchanan looked directly at him. Id. ¶ 32. Deputy Hatch fired at Mr. Buchanan and continued to do so. Id. As he did, Mr. Buchanan continued to stab Deputy Emerson several times. Id. ...
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