Davis v. Dawson
| Citation | 545 F.Supp.3d 682 |
| Decision Date | 17 June 2021 |
| Docket Number | No. 4:19-cv-00382–JEG-SBJ,4:19-cv-00382–JEG-SBJ |
| Parties | Crysteal DAVIS, Damon Davis, and Iisha Hillmon, Plaintiffs, v. Jeffrey DAWSON; Brad Youngblut; Josh Rhamy; Trevor Spear; Ryan Neumann; Lucas Kramer; Ross Klein; Patrick Hickey ; Robert Clock; Dana Wingert; and City of Des Moines, Iowa, Defendants. |
| Court | U.S. District Court — Southern District of Iowa |
Gina Messamer, Brown & Bergmann, L.L.P., Des Moines, IA, for Plaintiffs.
John O. Haraldson, Des Moines City Attorney, Des Moines, IA, for Defendants Jeffrey Dawson, Brad Youngblut, Josh Rhamy, Trevor Spear, Ryan Neumann, Lucas Kramer, Ross Klein, Patrick Hickey, Robert Clock.
This matter comes before the Court on Plaintiffs’ Motion for Partial Summary Judgment on Liability, ECF No. 15, and Defendants’ Motion for Summary Judgment, ECF No. 18, based on qualified immunity as to Plaintiffs’ constitutional claims and failure to state a claim on their false arrest claim. The parties have resisted the respective motions, and the motions are fully submitted for review. No party has requested a hearing, and the Court finds no hearing is necessary in resolving the motions.
This case presents a collision between aggressive police investigation of a serious crime and constitutional limits on the methods of that investigation to the extent it involves the rights of witnesses to the crime. Analysis of this inherent legal friction requires a detailed examination of the underlying facts and a careful review of applicable law.
This case arises out of the events surrounding the homicide of Preston Davis in Des Moines, Iowa, on August 5, 2017. Plaintiff Crysteal Davis is a resident of Des Moines and the widow of Preston Davis. Plaintiff Damon Davis is a resident of Des Moines and the brother of Preston Davis. Plaintiff Iisha Hillmon is a resident of Jonesboro, Georgia, and is the cousin of Preston Davis.
Defendants Jeffrey Dawson, Brad Youngblut, Josh Rhamy, Trevor Spear, Ryan Neumann, Lucas Kramer, Ross Klein, Patrick Hickey, and Robert Clock were at all material times employed as law enforcement officers by the Des Moines Police Department. Defendant Dana Wingert was at all material times the Chief of Police for the Des Moines Police Department. Defendant City of Des Moines is a municipal corporation under the laws of the State of Iowa, which operates and maintains the Des Moines Police Department.
In the early morning hours of August 5, 2017, brothers Damon Davis, Preston Davis, and Shawn Davis; along with their cousins Iisha Hillmon, Simmone Shingler, and Angela Nelson;2 and Preston's wife Crysteal Davis, were gathered at Shawn Davis’ home—3949 56th Street, Des Moines, Iowa. Iisha, Simmone, and Angela, who lived out of state, had come to Des Moines for a family reunion and had spent part of the prior evening with Preston and Crysteal at an event in downtown Des Moines.
Shortly before 4:00 a.m., with other family members nearby, Shawn and Preston were outside in the patio area and became embroiled in an argument. Crysteal and Damon were also out on the patio. Shawn became aggressive and punched Preston in the mouth. Preston and Crysteal started to walk toward their car to leave when Shawn charged at Preston. Preston then pinned Shawn on the ground and told him to calm down. When Preston released Shawn, Preston and Crysetal continued walking toward their car. Shawn went inside the house, grabbed a knife, went back outside, and stabbed Preston three times—twice in the right shoulder and once in the left arm. The stab wound to Preston's left arm cut major nerves, blood vessels, and an artery, which caused immediate and substantial blood loss. Shawn also inflicted a nonserious knife injury on Damon.
After the stabbing, Crysteal moved her vehicle to take Preston to the hospital, but when she went to Preston's side and talked to him, he was unresponsive. At 3:57 a.m., Crysteal called 911; at that time, Crysteal did not identify Shawn as the assailant.3
Des Moines Police Officers and Des Moines Fire Department Paramedics were dispatched and arrived at the scene at just after 4:00 a.m. Shawn, Crysteal, Damon, Iisha, Preston, Simmone, and Angela were at the house when the police arrived. Crysteal, Damon, and Simmone had rendered aid to Preston and were covered in his blood. Crysteal realized Preston was worse off than she initially believed and told Officer Brian Joseph that Shawn stabbed Preston and that Shawn was inside the house wearing a white-striped shirt. Officers located Shawn, took him into custody, and shortly afterwards Shawn was transported to the Des Moines Police Department headquarters. By 4:05 a.m., the scene had been secured.
Sergeant Spear arrived at the scene at 4:05 a.m. and took over as the officer in charge of the crime scene. Sergeant Spear's direct supervisor on the case was Watch Commander Captain Clock. Other officers arrived at the scene, including Officers Kramer and Neumann. Sergeant Spear was informed that Shawn was already in custody and had been identified as the only suspect responsible for the injuries to Preston. Crysteal, Damon, Iisha, Simmone, and Angela were identified as material witnesses who observed the events leading up to Shawn attacking Preston and the manner in which the attack occurred. Contact information was obtained from all five witnesses.
Preston was transported to the hospital by ambulance. Crysteal told Sergeant Spear, Officer Kramer, Officer Neumann, and other officers that she wanted to go to the hospital; Iisha also said she wanted to go to the hospital. (Spear Body Cam. at 14:15-15:00). Damon asked to retrieve the keys to his vehicle from inside the house so he could drive to the hospital. (Spear Body Cam. at 12:50-13:20). Sergeant Spear and another officer told Damon he could not enter the house because it was a crime scene that had to be preserved for subsequent investigation. (Spear Body Cam. at 12:50-17:50). The family members started walking to Crysteal's Ford Taurus to drive to the hospital, but they were advised the vehicle was part of the crime scene and could not be moved. (Spear Body Cam. at 11:25-12:05, 14:17-15:01). As Crysteal insistently walked toward her vehicle, Sergeant Spear told Crysteal and the family members that the vehicle could not be moved and that he would arrange for officers to take them to the hospital, stating Spear Body Cam. at 14:19-14:42. Sergeant Spear then advised Officers Kramer and Neumann to take the five family members to the hospital in two patrol vehicles and confirmed that the officers should "just sit on them." Spear Body Cam. at 16:51-17:25. It is undisputed that Sergeant Spear intended that Officers Neumann and Kramer would give the family members rides to the hospital and that the family members agreed to that arrangement. (Spear Body Cam. at 16:00-17:50).
Sergeant Spear directed Officer Kramer to take Crysteal and Damon to the hospital and Officer Neumann to take the three cousins to the hospital. (Spear Body Cam. at 16:50-17:50). Officer Neumann was advised that the cousins were "just witnesses" and that they had a total of five witnesses. Spear Body Cam. at 16:50-17:00. Officer Neumann confirmed with Sergeant Spear that all five witnesses would be taken to the hospital and that the officers should "just sit on them." Id. at 17:18-17:25.
At about 4:20 a.m., Officer Kramer directed Crysteal and Damon to his patrol vehicle for the trip to the hospital; Crysteal attempted to sit in the front of the patrol vehicle but Officer Kramer explained Crysteal had to sit in the back seat with Damon as a matter of protocol. (Kramer Car Cam. at 21:31-22:46). Officer Kramer left the scene with Crysteal and Damon at 4:23 a.m. (Kramer Car Cam. at 24:05). Sergeant Spear then told Officer Neumann to take the cousins to the hospital "for now" but that they would probably have to go to the police station afterwards. (Spear Body Cam. at 21:27-21:51). Sergeant Spear advised Iisha, Angela, and Simmone that Officer Neumann would be taking them to the hospital. (Spear Body Cam. at 21:20-22:50).
At 4:23 a.m., Sergeant Spear contacted dispatch and requested an update on Preston's condition from the paramedics, which he received at 4:24 a.m. At 4:29 a.m., Sergeant Spear contacted Captain Clock and advised him that he was at the crime scene, there had been a stabbing, the paramedics were performing CPR on the victim, and things "didn't look good." Spear Dep. 16–Defs.’ App. 208, ECF No. 18-2; Spear Body Cam. at 22:54-23:11. Sergeant Spear also informed Captain Clock that they had five witnesses; however, at that time, Sergeant Spear did not advise Captain Clock that two of the witnesses were en route to the hospital in Officer Kramer's patrol vehicle. (Spear Body Cam. at 22:54-23:51). At 4:29 a.m., Captain Clock advised Sergeant Spear, "I've activated the list." Clock Dep. 13-14–Defs.’ App. 236-37, ECF No. 18-2. Activating the list meant that a homicide investigation was opened, and detectives would be alerted to investigate the crime.
At approximately 4:28 a.m., after talking to Captain Clock, Sergeant Spear contacted Officer Kramer, who was in transit to the hospital with Crysteal and Damon, and advised Officer Kramer the witnesses needed to be taken to the police station to be interviewed by the detectives.4 (Kramer Car Cam. at 31:45-32:15). Officer Kramer, in turn, informed Crysteal and Damon that they had to go to the police station to talk with detectives. (Kramer Car Cam. at 32:15-32:34). Crysteal objected that she first had to go to the hospital to check on Preston's condition and said the detectives could talk to her at the hospital. (Kramer Car Cam. at 32:34-33:26). Crysteal continued to object and raise concerns about her need to be with Preston at the hospital as he was in critical condition and may be dying. (Kramer Car Cam. at...
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