Cox v. Columbia Cas. Co.

• Decision Date: 03 January 2014
• Docket Number: CIVIL ACTION NO. 12-306-SDD-SCR
• Parties: JOHN PAUL COX, JR. v. COLUMBIA CASUALTY COMPANY, ET AL.
• Court: U.S. District Court — Middle District of Louisiana

JOHN PAUL COX, JR. v. COLUMBIA CASUALTY COMPANY, ET AL.

CIVIL ACTION NO. 12-306-SDD-SCR

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

Signed: January 3, 2014

RULING

This matter is before the Court on the Motion for Partial Summary Judgment Against Defendant Joel Arnold filed by the Plaintiff, John Paul Cox, Jr.,¹ the Motion for Partial Summary Judgment by Defendant, Deputy Joel Arnold ("Arnold"),² and a Motion for Partial Summary Judgment by Defendants, Former Sheriff Willie Graves ("Graves") and Sheriff Jason Ard ("Ard").³ All parties have filed Oppositions⁴ to the opposing parties' motions. For the reasons which follow, the Court finds that Plaintiff's motion should be denied, and Defendants' motions should be granted in part and denied in part.

I. FACTUAL BACKGROUND

The lawsuit arises out of an incident which occurred on May 24, 2011. On that date, at approximately 1:30 a.m., former Livingston Parish Deputy Joel Arnold was sitting in his parked patrol car on the property of John's Grocery & Hardware in Walker, Louisiana,which is owned by Plaintiff's father; Plaintiff also lives behind this store. Plaintiff allegedly drove from his residence to the store on an All Terrain Vehicle (ATV) to inquire why a police officer was parked at his father's store. Plaintiff alleges that when he approached Arnold's police car, Arnold yelled at Cox, "May I help you?" followed by "Do you want to go to jail?" Plaintiff alleges Arnold then ordered him off his ATV as Arnold exited his police car.

Plaintiff claims that as soon as he complied and got off his ATV, Arnold ordered him to place his hands on the police car while Arnold searched Plaintiff. Plaintiff claims he asked Arnold if he had a search warrant, to which Arnold replied in the negative but then ordered Plaintiff to put his hands behind his back. Plaintiff alleges Arnold grabbed his right arm and pulled it up behind his neck "with great force."⁵ Plaintiff was then handcuffed and Arnold allegedly used his own body to repeatedly throw Plaintiff against the police car. Plaintiff alleges Arnold instructed him to lie face down on the ground, and Arnold pushed him to the ground when he attempted to comply. Plaintiff further claims that once on the ground, Arnold began to knee Plaintiff in the back. Subsequently, Arnold ordered Plaintiff to get up and into the back seat of the police car.

At this time, two other Livingston Parish Sheriff's cars arrived on the scene followed shortly by Plaintiff's ex-wife, Jennifer Cox ("Jennifer"). When Jennifer asked Arnold where the Plaintiff was and Arnold responded that he was in the police car, she asked if Plaintiff had done something wrong. Arnold allegedly responded that Plaintiff "seemed to think I need his permission to be on his property."⁶ After conferring with the other deputies, Arnoldinstructed Plaintiff to get out of the car, uncuffed him, and allowed him to leave.

In his deposition, Plaintiff testified that he believed Arnold's conduct was in retaliation for Plaintiff having previously reported a complaint against Arnold to his superior.⁷ Plaintiff contends that approximately one month before the incident in the parking lot, Arnold had arrested Jennifer for an outstanding warrant on a traffic violation. As Arnold transported Jennifer to the station, he allegedly questioned her about Plaintiff using the store as a front to sell drugs.⁸ Upon learning of this accusation, Plaintiff called the Livingston Parish Sheriff's Office and reported his complaint regarding Arnold's comments to Arnold's supervisor Chad McGovern. McGovern allegedly reported back to Plaintiff that Arnold had been reprimanded for the comments and it would not happen again.⁹

On the night of the incident in question, Plaintiff contends Jennifer, who still resides with Plaintiff, called Plaintiff who was working in his shop and told him that a police officer was parked in the driveway shining a spotlight on the house.¹⁰ Plaintiff claims this is why he got on his ATV and approached Arnold's car.¹¹ After the situation became heated, Plaintiff alleges that while Arnold was patting him down and removing things from Plaintiff's pockets, he asked Arnold if he had a search warrant. Plaintiff claims Arnold responded, "I don't need no f***ing search warrant," to which Plaintiff responded, "Well, we'll have tosee what Chad McGovern's got to say about this sh** in the morning."¹² Plaintiff claims Arnold then stated: "Oh, you're that son of a bitch that called in on me a month ago."¹³ When Arnold allegedly kicked Plaintiff, Plaintiff claims he also said, "Go tell Chad McGovern that too, or go tell Chad McGovern now."¹⁴ After Plaintiff was placed face down on the ground, he alleges Arnold repeatedly kneed him in the back while stating: "Go call Chad McGovern now, mother f***er. You want me to call him for you? You want to use my phone? Call him now, mother f***er."¹⁵

The Defendants paint a very different picture of the events of May 24, 2011. Arnold claims that, at approximately 1:30 a.m. on this date, he was conducting regular patrol on Highway 447 in Livingston Parish, Louisiana at the direction of his supervisor based on several reported burglaries in the area. Arnold claims he pulled into the parking lot of John's Grocery & Hardware to fill out a report. Arnold alleges that Plaintiff approached his vehicle, and because of the time of night, he shined his patrol unit spotlight on the Plaintiff, who then yelled at Arnold to get the light out of his eyes. Plaintiff allegedly asked Arnold what he was doing on his (Plaintiff's) property. Arnold contends he was concerned for his own safety considering the time of night, so he asked the Plaintiff to get off his ATV, but Plaintiff did not initially comply. Arnold claims that after several more requests, Plaintiff complied and Arnold then had Plaintiff place his hands on the car in order to conduct alegal pat down to ensure Arnold's safety. During this pat down, Arnold contends Plaintiff became "irate" about deputies being on his property.¹⁶ Arnold claims that because of the time of night and Plaintiff's "agitated state," he decided to place Plaintiff in handcuffs to "complete the safety pat down and figure out what was going on."¹⁷

Arnold further contends Plaintiff refused to present his hands for handcuffing, which required Arnold to "scissor" him to the ground to handcuff Plaintiff.¹⁸ Arnold contends that at this point, Plaintiff stopped resisting and became compliant for the pat down, handcuffing, and being placed in the back of Arnold's police car. Upon arrival of the other Livingston Parish deputies, Arnold contends it was decided to release Plaintiff with a warning to avoid creating a disturbance. Both parties appear to agree that upon letting Plaintiff exit the car, Arnold stated to Plaintiff: "Well I guess our tempers met."¹⁹

Plaintiff alleges that as a result of the beating by Arnold, he has suffered severe physical and emotional injuries and damages. Plaintiff was never charged with a crime. Plaintiff claims he provided then-Sheriff Graves with a video recording of this incident taken by the surveillance camera at John's Grocery & Hardware. After an alleged investigation of the matter, Plaintiff contends Graves took no disciplinary action against Arnold but rather "ratified and endorsed Arnold's conduct," finding Arnold's only mistake was not actuallyarresting Plaintiff.²⁰

Plaintiff argues that at the time of Arnold's hire in 2007, Graves was aware of Arnold's serious misconduct as a deputy in the Lee County Sheriff's Office in Florida. Plaintiff further alleges that, both before and after the incident involved in this lawsuit, Arnold engaged in other similar acts of misconduct and violence that Graves "ratified, endorsed, and/or ignored,"²¹ which have resulted in other pending lawsuits against Arnold and Graves. Plaintiff contends a fifth incident prompted Arnold's resignation from the Livingston Parish Sheriff's Office ("LPSO").

Plaintiff filed this lawsuit against Joel Arnold, former Sheriff Willie Graves, and Columbia Casualty Company as insurer of the Defendants. Plaintiff's claims against Arnold include: battery, assault, false arrest, false imprisonment, intentional infliction of emotional distress, unlawful seizure, cruel treatment, failing to offer or provide medical attention, violation of the Constitution and other laws of the United States and State of Louisiana, excessive use of force, unreasonable use of force, deliberate indifference to the rights, safety, and dignity of Plaintiff, and all other acts and omissions shown at trial. Plaintiff claims that Sheriff Graves, sued individually and in his official capacity as Livingston Parish Sheriff, is liable under the doctrine of respondeat superior for all of Plaintiff's claims against Arnold. Plaintiff also claims that Graves' pre-employment screening of Arnold was "inadequate and reckless,"²² and once hired, Arnold was not properly trained or supervised,especially in light of Graves' knowledge of Arnold's prior history. Further, Plaintiff claims Graves is liable for his deliberate indifference to the acts of Arnold, the safety and rights of Plaintiff, and whether Arnold was adequately trained, supervised, or controlled.

Plaintiff has moved for partial summary judgment against Arnold on his claims for battery and false arrest/false imprisonment under Louisiana state law. Defendants Arnold, Graves, and Ard have also moved for partial summary judgment on all of Plaintiff's federal and state claims, and have asserted the defense of qualified immunity.²³

II. LAW AND ANALYSIS

A. Summary Judgment Standard

Summary judgment should be granted if the record, taken as a whole, "together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law."²⁴ The Supreme Court has interpreted the plain language of Rule 56© to mandate "the entry of summary judgment,...