Crabbs v. Pitts
| Decision Date | 06 July 2018 |
| Docket Number | Case No. 2:16-cv-387 |
| Parties | ANNE CRABBS, et al. Plaintiffs, v. RASHAD PITTS, et al., Defendants. |
| Court | U.S. District Court — Southern District of Ohio |
OPINION & ORDER
This matter is before the Court on Cross-Motions for Summary Judgment - Plaintiffs' Motion for Partial Summary Judgment (ECF No. 70) and Defendants' Motion for Summary Judgment (ECF No. 82). For the reasons set forth below, Plaintiffs' Motion is DENIED and Defendants' Motion is GRANTED IN PART AND DENIED IN PART.
Defendant Russell L. Martin is the Sheriff of Delaware County Ohio. Defendants Rashad Pitts, Robert Wilson, Andrew Lee, Derek Keller, Monica Andrews, and James Brian Mox are employees of the Delaware County Sherriff's Office ("DCSO"). Plaintiffs Anne Crabbs and James Crabbs are the parents of Mr. Keith Crabbs1. At all relevant times, the Crabbs' lived on Willow Springs Drive in Lewis Center, Ohio. Ms. Dora D'Amato and her husband Roland D'Amato reside in the same residential neighborhood as the Crabbs. (ECF No. 57-3 at 10).
In 2010, Mr. Crabbs shot and killed a man and was subsequently charged with voluntary manslaughter. He was acquitted after a jury found he acted in self-defense. Mr. Crabbs alleges that after he was acquitted, Ms. D'Amato began a "campaign" against him, including allowing her dog to defecate in the Crabbs' yard and shining a flashlight in his window. (ECF No. 57-3 at 10). Ms. D'Amato acknowledges that she did walk her dog near the Crabbs' home with a flashlight, but contends that did not allow him to defecate there and did not shine the flashlight in the window. (ECF No. 71 at 11-13, 52). In her version of events, Mr. Crabbs frequently yelled obscenities at her unprovoked. (Id. at 45).
On September 30, 2014, around 8:45 p.m., DCSO Dispatch received a 911 call from Mr. D'Amato, who claimed that Mr. Crabbs just threatened to kill his wife and another neighbor, Jack Whitlinger. (ECF No. 58-3). Mr. D'Amato indicated to Dispatch that he thought Mr. Crabbs had been arrested for murder before and was unstable. (Id.). Deputies Pitts and Wilson responded to the call, arriving at the D'Amato residence approximately eight minutes later. (ECF No. 57-9 at 27-28). They spoke to Ms. D'Amato about the incident, and she told them that Mr. Crabbs had threatened her life while she was walking her dog. (ECF No. 71 at 19, 21). Ms. D'Amato then ran Jack Whitlinger's house across the street. (Id.). Ms. D'Amato stated that she recorded the audio on her cell phone. (ECF No. 57-9 at 32). The officers reviewed the cell phone video, which contains audio of a car horn honking repeatedly and a man whom she reported to be Mr. Crabbs yelling, (ECF No. 75). Ms. D'Amato also reported that Mr. Crabbs harassed her in the past and she had previously reported it to DCSO. (ECF No. 57-10 at 59).
After listening to the recording and interviewing the D'Amatos, Deputies Pitts and Wilson determined that there was probable cause to charge Mr. Crabbs with the misdemeanor of Aggravated Menacing. (ECF No. 57-10 at 19; ECF No. 57-7 at 89); O.R.C. 2903.21. Deputy Wilson pulled up information on Mr. Crabbs and learned that he has a Concealed Carry Weapon (CCW) Permit, and dispatch informed the officers that there was an in-house caution for Mr. Crabbs that stated "threats to law enforcement in the past." (ECF Nos. 57-10 at 12; 57-9 at 35; ECF No. 61-9). After observing that Mr. Crabbs appeared highly agitated on the cell phone recording, Deputy Wilson decided to call for back up. (ECF No. 57-10 at 8). Deputies Lee and Elverson responded to the call for backup and arrived at the D'Amato residence. (ECF No. 57-7 at 83; ECF No. 57-4 at 54). The newly arrived deputies reviewed the video, discussed arresting Mr. Crabbs for aggravated menacing with Deputies Pitts and Wilson, and were informed that Mr. Crabbs was a CCW permit holder. (ECF No. 57-4 at 59, 69; ECF No. 57-7 at 84).
The four deputies then proceeded to the Crabbs' residence, arriving around 9:16 p.m. (ECF No. 57-9 at 37). Deputy Lee waited near one entrance of the cul de sac and Deputy Elverson went to the other entrance, while Deputies Pitts and Wilson knocked on the front door. (ECF No. 57-7 at 88; ECF No. 57-10 at 14). Ms. Crabbs opened the door and informed the deputies that her son was not home—he was out getting tobacco, visiting a friend, and taking tires to mechanic friend. (ECF No. 57-2 at 22). Ms. Crabbs told the deputies she would call them when he arrived home. (Id.). Before the deputies left the property, they looked in the garage with Ms. Crabbs' permission and confirmed that Keith Crabbs was driving Ms. Crabbs' black Cadillac. (ECF No. 63-1 at 29). Deputies Lee and Elverson then waited in the neighborhood while Deputies Wilson and Pitts returned to the D'Amato residence to record the video. (ECF No. 57-10 at 18). While standing in the D'Amatos' driveways, Deputies Wilsonand Pitts saw Ms. Crabbs' black Cadillac drive by. (Id. at 20). After observing the vehicle, Deputy Pitts drove directly to the Crabbs' residence with the intent to arrest Mr. Crabbs for Aggravated Menacing. (Id. at 28). Deputy Wilson drove another route, in the opposite direction of Mr. Crabbs in case he attempted to evade Deputy Pitts. (Id.).
Deputy Pitts arrived at the Crabbs' residence shortly after Mr. Crabbs backed the Cadillac into the driveway, exited the car, and began moving toward the front door. (ECF No. 57-9 at 53). Deputy Pitts exited his cruiser, pulled his weapon, and yelled for Mr. Crabbs to stop. (ECF No. 57-3 at 16). Mr. Crabbs testified that when he heard a voice behind him, he turned around, put his hands in the air, and stated: (ECF No. 57-3 at 18). According to Mr. Crabbs, Deputy Pitts responded, "no" so Mr. Crabbs said, (Id.). Mr. Crabbs then stepped into his home. (Id.).
According to Deputy Pitts, when Mr. Crabbs got out of the car he engaged in an action known as "blading," meaning that he touched his hand on his right side near his waistband, suggesting to Deputy Pitts that Mr. Crabbs had a gun (ECF No. 57-9 at 53; ECF No. 58-8). Deputy Pitts testified that he told Mr. Crabbs to stop multiple times but Mr. Crabbs did not listen to his command to stop immediately. (ECF No. 57-9 at 53). Deputy Pitts' incident report states that after several commands to stop, Mr. Crabbs finally turned around and said, (ECF No. 58-8). Deputy Pitts testified in a related state court case that he explained to Mr. Crabbs that he just needed to talk to him. (ECF No. 63-1 at 10). Deputy Pitts also testified that Mr. Crabbs never said he was a CCW holder or that he had a weapon, but Deputy Pitts was aware that Mr. Crabbs had a CCW permit and could tell he was carrying a weapon because of the bulge in his pants. (Id. at 9, 12). An email fromSergeant Karbler, a DCSO supervisor who responded to the scene, states that Mr. Crabbs did acknowledge to Deputy Pitts that he had his gun. (ECF No. 58-10). In any event, Deputy Pitts reported that Mr. Crabbs then ran into his house and attempted to close the front door, but Deputy Pitts followed him and attempted to grab his arm. (ECF No. 58-8).
The dash cam on Deputy Pitts' cruiser captured Officer Pitts telling Mr. Crabbs to "stop" and Mr. Crabbs eventually putting his hands in the air, but does not capture any audio of the discussion before the two men proceeded into the house. (Plaintiff Ex. 67). Officer Pitts did not have his body microphone with him because he had been using it to record the video Ms. D'Amato had on her phone and he threw it down and followed the Cadillac after he spotted it driving by. (ECF No. 57-9 at 79-80).
After Mr. Crabbs went into his house and Deputy Pitts followed him, it is undisputed that Deputy Pitts tased Mr. Crabbs. (ECF No. 57-9 at 53). Deputy Pitts' Taser Report shows that his taser was used for 18 seconds on September 30, 2014. (ECF No. 58-4 at 6). The remaining details, however, appear heavily disputed. Mr. Crabbs testified that Deputy Pitts tased him in the back right after they entered the house, and that there was no struggle whatsoever. (ECF No. 57-3 at 18). Ms. Crabbs witnessed the tasing and testified that she did not see her son struggling with the officers, and she did not think Mr. Crabbs was even aware that the officers followed him into the house. (ECF No. 57-2).
Deputy Pitts, on the other hand, testified that there was a struggle, during which Mr. Crabbs was lifting his shirt up and attempting to go for his gun. (Id. at 53, 64). According to Deputy Pitts, he grabbed Mr. Crabbs after they walked through the door and then tackled him into a little table. (Id. at 55-56, 60). He contends that both he and Mr. Crabbs were on the ground at one point, but then they were able to stand up and face each other. (Id. at 60, 63). Atthat point, Deputy Pitts stated that Mr. Crabbs started lifting his shirt up and Deputy Pitts pulled out his gun. (Id. at 63, 65). Deputy Wilson had entered the house by that point, and Deputy Pitts testified that Deputy Wilson was still struggling with Mr. Crabbs when Deputy Pitts pulled out his firearm. (Id. at 65). Ms. Crabbs was yelling, "Don't shoot my baby" and Deputy Pitts made a split-second decision to use his taser instead of the gun. (Id. at 65-69). Deputy Pitts testified that Deputy Wilson spun Mr. Crabbs around so that his back was facing Deputy Pitts, and then Deputy Pitts tased Mr. Crabbs in the middle of his back. (Id. at 69-70). Deputy Pitts stated that Mr. Crabbs dropped immediately after he was tased, and went straight down on his stomach. (Id. at 74).
Deputy...
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