Degolia v. Kenton Cnty.

• Decision Date: 07 May 2019
• Docket Number: CIVIL ACTION No. 2:17-CV-226 (WOB-CJS)
• Citation: 381 F.Supp.3d 740
• Parties: Neil DEGOLIA, Plaintiff v. KENTON COUNTY et al., Defendants
• Court: U.S. District Court — Eastern District of Kentucky

381 F.Supp.3d 740

Neil DEGOLIA, Plaintiff

v.KENTON COUNTY et al., Defendants

CIVIL ACTION No. 2:17-CV-226 (WOB-CJS)

United States District Court, E.D. Kentucky, Northern Division at Covington.

Signed May 7, 2019

Donald L. Nageleisen, Donald L. Nageleisen, PSC, Fort Mitchell, KY, Sherrill Hondorf, Hondorf Law Office, Batavia, OH, for Plaintiff.

Christopher Scott Nordloh, Drew Cameron Harris, Kenton County Attorney, Covington, KY, for Defendants.

MEMORANDUM OPINION AND ORDER

William O. Bertelsman, United States District Judge

This civil rights action was brought by Plaintiff Neil Degolia after he was arrested for public intoxication and taken to the Kenton County Detention Center, where Degolia alleges deputies threw him to the floor in the booking area and beat him, causing a black eye and injuries to his jaw, and then secured him in a restraint chair for just over two hours. Consistent with the surveillance video that captured these events, Degolia maintains he did not provoke the incident.

The Complaint contains the following six counts:

Count I: Violation of the federal and state constitutional prohibition against the "use of excessive force" by virtue of the deputies' conduct in the booking area.

Count II: Violation of the federal and state constitutional protection against the "use of excessive force" and "cruel and unusual punishment" as a result of the deputies' use of the restraint chair.

Count III: State-law negligence.

Count IV: Assault and battery under state law.

Count V: Intentional and negligent infliction of emotional distress.

Count VI:Respondeat superior as the basis for imposing liability on Kenton County, Kenton County Fiscal Court, and Kenton County Detention Center.

This matter is now before the Court on several motions that all boil down to cross-motions for summary judgment. Those motions are as follows: (1) Defendants' joint motion for summary judgment on all claims (Doc. 61); (2) Plaintiff's cross-motion for summary judgment on the issues of qualified immunity and the use of excessive force (Doc. 63); (3) Defendants' joint motion to strike plaintiff's motion for summary judgment (Doc. 64); (4) Plaintiff's motion for an extension of time to file a dispositive motion (the previously filed Doc. 63) or deny Defendants' motion to strike (Doc. 67); and (5) Plaintiff's motion for leave to file an affidavit as a surreply to the motion to strike (Doc. 74). The Court previously heard oral argument on the parties' motions and took the matter under submission. (Doc. 77).

For the reasons that follow, the Court will GRANT IN PART and DENY IN PART Plaintiff's motion for summary judgment, and GRANT IN PART and DENY IN PART Defendants' motion for summary judgment.

FACTUAL AND PROCEDURAL BACKGROUND

In this case, the material facts of the events in question were captured by several video recording devices. Thus, heeding the instruction of the Supreme Court and Sixth Circuit, the Court "view[s] the facts in the light depicted by the videotape[s]" as set forth below, Scott v. Harris , 550 U.S. 372, 381, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007), and "any relevant gaps or uncertainties left by the videos" are construed "in the light most favorable to the Plaintiff." Latits v. Phillips , 878 F.3d 541, 544 (6th Cir. 2017).

A. Arrest

Beginning late in the evening on March 4, 2017, Degolia drank approximately four tall draft beers at a bar in Covington, Kentucky, the last of which was ingested around 2:00 AM on March 5. (Doc. 61-3, Degolia Dep. at 66). Degolia then walked to a nearby pizza restaurant. Id. at 61–66. According to Degolia, he was waiting in line when the staff ordered everyone out due to a disagreement that had erupted between an employee and a woman standing in front of Degolia. Id. at 63–65, 70–71.

Once outside the restaurant, Degolia was confronted by police officers at approximately 2:40 AM. (Doc. 1, ¶ 10); (Doc. 61-2). Body camera footage shows an officer approach Degolia on the sidewalk and ask him to leave. (Doc. 54, Ulrich Bodycam at 1:17–20). When Degolia questions the order, an officer instructs Degolia to "walk away" or be arrested. Id. at 1:20–26. Degolia initially agrees but then reengages in conversation with the officer and proposes that "if you walk, I'll walk." Id. at 1:27–38. The proposition is not appreciated, and the officer grabs Degolia to arrest him. Id. at 1:38–41. The image is obscured, but it is evident that Degolia is reluctant to put his hands behind his back. Id. at 1:41–2:06. Once in handcuffs, Degolia is compliant but visibly and audibly disgruntled. Id. at 2:15–3:34.

Degolia was cited for public intoxication. (Doc. 1, ¶ 10); (Doc. 61-2). The citation states that Degolia "was extremly [sic] intoxicated" and "unsteady on feet" and had "slurred speech" and "bloodshot watery eyes." (Doc. 61-2).¹ At approximately 2:56 AM, Degolia was transported to Kenton County Detention Center ("KC Detention Center"). (Doc. 1, ¶ 10; Doc. 61–2).

B. Sally Port at the Detention Center

Video surveillance (without any audio) shows Degolia arriving at the sally port around 3:03 AM, accompanied by two officers. (Doc. 54, Sally 4 at 3:03:41–55).² As Degolia waits to enter the facility, he is seen leaning nonchalantly against the wall, id. at 3:03:56–3:05:41, until an officer near the intake door motions for Degolia to approach. Id. 3:05:38–3:06:54.

Before entering the booking area, Degolia was searched in an enclosed vestibule between the sally port and the booking area. At 3:07 AM, surveillance footage shows a deputy leading Degolia in handcuffs into the vestibule without conflict, after which Degolia's handcuffs are removed. (Doc. 54, Booking Search at 3:07:32–54). The intake deputy seen conducting the search is Defendant Aaron Branstutter. (Doc. 61-4, Branstutter Dep. at 50–51). At the time, Branstutter had been an employee for just shy of seven months. See id. at 25. Branstutter stands about 5'8" and weighs 225 pounds. Id. at 20. Degolia is 6'0" and weighs roughly 210 pounds. (Doc. 61-3 at 54).

In the search vestibule, the video shows Degolia remove his belt, shoes, and something from his wrist, and place his hands on an adjacent wall according to Branstutter's directions. (Doc. 54, Booking Search at 3:07:54–3:09:29). Branstutter then searches Degolia without incident. Id. at 3:09:29–3:10:23. Degolia is shown exiting the search vestibule where Branstutter remained. (Doc. 54, Booking Search at 3:10:23–34). Although Degolia had just been charged with public intoxication, a fact Branstutter was aware of at the time, (Doc. 61-4 at 68), Branstutter reported on the intake assessment form he completed that Degolia did not engage in any assaultive or violent behavior . (Doc. 1-1); (Doc. 1, ¶ 11).³

C. Takedown and Restraint in the Booking Area

Surveillance footage shows Degolia enter the booking area at 3:10 AM, without handcuffs, and approach the booking counter to complete paperwork. (Doc. 54, Booking Admin Pt. 1 at 3:10:35–47). The booking clerk interacting with Degolia from behind the counter is Katlyn Beatty. (Doc. 61-5, Beatty Dep. at 10, 49–50).

Shortly thereafter, Defendant Michael Crouthers is seen entering the booking area and stands a few feet behind Degolia. (Doc. 54, Booking Admin Pt. 1 at 3:11:07– 14). Less than two minutes later, Degolia turns and appears to say something to Crouthers, and then casually sits down in a chair in front of the booking counter. Id. at 3:12:41–54. Beatty testified that prior to Degolia sitting down she was asking him medical questions when Degolia told Beatty that he wanted to talk to his attorney and did not want to answer any more questions. (Doc. 61-5 at 53, 56). As a result, Beatty suspended Degolia's booking, told him to sit down, and called out the situation to those on the floor. Id. at 53, 60–61, 65. Beatty testified that Degolia did not yell at her, did not "cuss" at her, did not engage in "violent behavior," and did not do anything disruptive toward her or anyone else in the booking area. (Doc. 61-5 at 83–84, 90–93, 95).

For the next two minutes, the video shows Degolia sitting in a chair with his arms folded across his chest as Crouthers moves about the booking area. (Doc. 54, Booking Admin Pt. 1 at 3:13:07–3:15:07).⁴ Crouthers then approaches Degolia from behind and stands next to Degolia. Id. at 3:15:01–06. The two appear to engage in a brief conversation. Id. at 3:15:07–35. Crouthers testified that at that time he asked Degolia to stand up. (Doc. 61-7 at 69–70).⁵ Crouthers, nevertheless, walks away and Degolia returns to folding his arms across his chest. (Doc. 54, Booking Admin Pt. 1 at 3:15:07–53).

According to the surveillance footage, at approximately 3:16 AM Defendant Branstutter enters the booking area from the search vestibule and touches Degolia's shoulder on the way to delivering some paperwork to the booking counter. Id. at 3:16:00–04. Branstutter, thereafter, pauses next to Degolia and there is a brief exchange of inaudible words. Id. at 3:16:04–14.⁶ Degolia continues to sit and fold his arms as Branstutter walks out of view in the direction of the search vestibule behind Degolia. Id. at 3:16:14–18. Branstutter testified that he went back into the search vestibule to assist another deputy, Defendant Amanda Armstrong. (Doc. 61-4 at 63). At this time, Defendant Crouthers is at the end of the booking area furthest from the surveillance camera (and from where Degolia is sitting) and is walking toward Degolia. Id. The only other individual that can be seen on the booking floor is Nurse Gurren in a bright yellow top and white pants at the booking counter, presumably speaking to someone. Id. ; (Doc. 61-5, Beatty Dep. at 84, 108, 113; Doc. 61-4 at 46, 129). Degolia is still sitting in the chair, almost motionless, with his arms folded.

(Doc. 54, Booking Admin Pt. 1 at 3:16:15–22).

The next one and one-half minutes of surveillance footage capture events giving rise to this lawsuit. Id. at 3:16:18–3:17:39. At the beginning, Crouthers is seen walking toward the...