Eaton v. Hancock County
| Decision Date | 28 September 2010 |
| Docket Number | No. CV–08–370–B–W.,CV–08–370–B–W. |
| Citation | 741 F.Supp.2d 307 |
| Parties | Ronald EATON, Plaintiff,v.HANCOCK COUNTY, et. al., Defendants. |
| Court | U.S. District Court — District of Maine |
OPINION TEXT STARTS HERE
Dale F. Thistle, Law Office of Dale F. Thistle, Newport, ME, N. Laurence Willey, Jr., Thomas M. Matzilevich, Willey Law Offices, Bangor, ME, for Plaintiff.Cassandra S. Shaffer, Peter T. Marchesi, Wheeler & Arey, P.A., Waterville, ME, for Jason Lepper, Ryan Haines, Joshua Gunn, J. Weaver.L. John Topchik, Germani Martemucci Riggle & Hill, Portland, ME, for James Lepper.William N. Palmer, Gray & Palmer, Bangor, ME, for Joshua Stevens.
ORDER AFFIRMING THE MAGISTRATE JUDGE'S RECOMMENDED DECISION
Getting drunk and acting out is not, by itself, a crime. Ronald Eaton claims he was arrested, incarcerated, and beaten for just that, and accordingly, he seeks damages against Hancock County and the County employees he claims were responsible. In a careful and well-researched decision, the Magistrate Judge recommended that the Court deny most of the Defendants' Motion for Summary Judgment. After both the County Defendants and Mr. Eaton objected, the Court performed a de novo review and concludes that the Magistrate Judge was correct.
I. STATEMENT OF FACTSA. Procedural History
On October 29, 2008, Ronald Eaton filed a complaint against Hancock County and other governmental and individual defendants claiming damages for personal injuries he allegedly sustained during an arrest and detention. Compl. at ¶¶ 34–64 (Docket # 1). The Complaint contains eight counts undifferentiated among the Defendants: 1) Count One—a Fourth Amendment violation; 2) Count Two—Assault, False Arrest, and False Imprisonment; 3) Count Three—Negligent Infliction of Emotional Distress; 4) Count Four—Conspiracy Under 42 U.S.C. § 1985(3); 5) Count Five—Conspiracy Under 42 U.S.C. § 1983; 6) Count Six—Punitive Damages; 7) Count Seven—Due Process—Fourteenth Amendment; 8) Count Eight—Negligence—Maine Tort Claims Act—Assault. 1 Id.
On November 30, 2009, the Defendants moved for summary judgment on all counts. 2 Cnty. Defs.' Mot. for Summary J. at 30 (Docket # 82) ( Defs.' Mot.). Mr. Eaton filed his opposition on December 23, 2009. Pl.'s Reply to Cnty. Defs.' Mot. for Summ. J. (Docket # 108) ( Pl.'s Opp'n ). The Court referred the motion to the Magistrate Judge for recommended decision. On April 16, 2010, 2010 WL 1568430, the Magistrate Judge filed her Recommended Decision and recommended: (1) that the Court grant summary judgment to all defendants on Counts III and IV; (2) that the Court grant summary judgment on Count I for Defendants Gunn, Haines, and Weaver; and, (3) that the Court dismiss all claims against Deputy Morang, Corrections Officer Hobbs, Corrections Officer Sullivan, Hancock County, the Hancock County Sheriff's Department, Sheriff Clark, and Jail Administrator Dannenberg. Recommended Dec. at 38 (Docket # 138) ( Rec. Dec.).
On May 14, 2010, Mr. Eaton and Deputy Jason Lepper each objected to the Recommended Decision. Pl.'s Obj. to the Magistrate's Recommended Dec. and Req. for De Novo Review (Docket # 141) Pl.'s Obj.; Def. Jason Lepper's Partial Obj. to Recommended Dec. on Mot. for Summ. J. (Docket # 142) ( Def.'s Obj.). Mr. Eaton objected to the recommended dismissal of Hancock County, the Hancock County Sheriff's Department, William Clark, and Carl Dannenberg under the theory of governmental immunity and of Crystal Hobbs and Heather Sullivan on the conspiracy claim under 42 U.S.C. § 1983.3 Pl.'s Obj. at 1–10. Deputy Lepper objected to the Magistrate Judge's denial of summary judgment on the unreasonable arrest and excessive force claims and on qualified immunity to the unreasonable arrest and excessive force claims.4 On June 1, 2010, Hancock County, Hancock County Sheriff's Department, William Clark, Heather Sullivan, Crystal Hobbs, and Carl Dannenberg responded to Mr. Eaton's objection. Defs. Hancock Cnty., Hancock Cnty. Sheriff's Dep't, William Clark, Heather Sullivan, Crystal Hobbs and Carl Dannenberg's Resp. to Pl.'s Obj. to the Magistrate's Recommended Dec. and Req. for De Novo Review (Docket # 143) ( Def.'s Resp.).
B. The Facts 5
At 5 p.m. on November 5, 2006, Ronald Eaton arrived with his girlfriend, Cindy Furrow, at the China Hill Restaurant (“China Hill”) in Ellsworth, Maine. Defs.' Hancock Cnty., Hancock Cnty. Sheriff's Dep't, William Clark, Jason Lepper, Ryan Haines, Heather Sullivan, Joshua Gunn, Crystal Hobbs, Carl Dannenberg, Robert Morang, and John Weaver's Statement of Material Facts in Support of Mot. for Summ. J. ¶ 51, 52 (Docket # 83) (DSMF); Pl.'s Reply to Defs.' Statement of Material Facts, Req. to Strike, and Pl.'s Additional Statement of Material Facts ¶¶ 51, 52 (Docket # 109) (either PRDSMF or PASMF). After Mr. Eaton and Ms. Furrow were seated in the lounge, they ordered a meal and a “volcano bowl,” a mixed alcoholic beverage consisting of two kinds of rum, Apple Jack brandy, passion syrup, pineapple juice and orange juice and approximately equal to three drinks. DSMF ¶ 54; PRDSMF ¶ 54. Ms. Furrow tried the volcano bowl but did not like it, and did not drink any more of it. DSMF ¶ 58; PRDSMF ¶ 58. Mr. Eaton, who had consumed two beers at home between noon and 2 or 3 p.m., continued to drink the volcano bowl. DSMF ¶ 55, 59; PRSMF ¶ 55, 59.
During dinner, Mr. Eaton and Ms. Furrow got into an argument, which lasted for about twenty to thirty minutes. DSMF ¶¶ 60, 62; PRDSMF ¶¶ 60, 62. During the argument, Ms. Furrow called Mr. Eaton a “jerk,” an “idiot,” and a “fucking asshole” in a voice loud enough so that others could hear.6 DSMF ¶ 61; PRDSMF ¶ 61. Ms. Furrow apparently decided she had had enough and left the restaurant under the pretext that she was going to the bathroom. DSMF ¶¶ 60, 62, 63; PRDSMF ¶¶ 60, 62, 63. Ms. Furrow walked to a nearby bar and left there by cab. DSMF ¶ 63; PRDSMF ¶ 63. After Ms. Furrow disappeared, Mr. Eaton became loud and when she did not return, he panicked. DSMF ¶¶ 64, 65; PRDSMF ¶¶ 64, 65. He searched the restaurant, hollered in the bathroom, and began going up to patrons, patting them on the shoulder, and asking them whether they had seen his girlfriend. DSMF ¶¶ 66, 67; PRDSMF ¶¶ 66, 67.
As Mr. Eaton searched the restaurant for Ms. Furrow, Jason Lepper, a deputy with the Hancock County Sheriff's Department, was off-duty with his family at China Hill. DSMF ¶ 68, PRDSMF ¶ 68. Mr. Eaton went in and out of the restaurant a few times. DSMF ¶ 74; PRDSMF ¶ 74. While Deputy Lepper was in the lobby, he saw Mr. Eaton bump into the restaurant doors as he tried to re-enter, stumble back, pull the doors open, and walk inside. DSMF ¶ 76; PRDSMF ¶ 76. As Mr. Eaton entered, Deputy Lepper observed Mr. Eaton stumble, appear unsteady, and he could smell alcohol as Mr. Eaton walked by. DSMF ¶ 78; PRDSMF ¶ 78. A few minutes later, Mr. Eaton came back into the lobby and loudly swore, “This is fucking bullshit.” DSMF ¶ 79; PRDSMF ¶ 79. Deputy Lepper, along with a number of other patrons, concluded that Mr. Eaton was intoxicated, and they became concerned that Mr. Eaton might attempt to drive. DSMF ¶ 80, 81, 84, 85; PRDSMF ¶ 80, 81, 84, 85.
Deputy Lepper directed his brother-in-law, Joshua Stevens, and his wife to call the Sheriff's Office or the Police Department to inform them that an intoxicated patron at China Hill might attempt to drive. DSMF ¶ 86; PRDSMF ¶ 86. Mr. Stevens called the Sheriff's Department. DSMF ¶ 87; PRDSMF ¶ 87. As Mr. Eaton walked back into the parking lot, Deputy Lepper tailed him by fifteen or twenty feet. DSMF ¶ 88; PRDSMF ¶ 88. The reason Deputy Lepper followed Mr. Eaton was because he thought he was drunk and might attempt to drive. PSAMF ¶ 1; DRPSAMF ¶ 1. While in the parking lot, Mr. Eaton stumbled around, mumbled, and talked to himself. DSMF ¶ 90; PRDSMF ¶ 90. Deputy Lepper overheard him saying something about his car and his woman. DSMF ¶ 91; PRDSMF ¶ 91.
At this point, their recollections diverge.7 As Mr. Eaton is the non-moving party, the Court relates his version. Mr. Eaton says that he went from the parking lot to the side entrance of the restaurant to re-enter and avoid Deputy Lepper. PSAMF ¶¶ 4, 5. The side door would not open. DSMF ¶ 96; PRDSMF ¶ 96. Deputy Lepper yelled at Mr. Eaton to stop, identified himself as a police officer, and ordered Mr. Eaton to the ground DSMF ¶ 98, 99; PRDSMF ¶ 98, 99. When Deputy Lepper ordered Mr. Eaton to the ground, he did not show Mr. Eaton a badge or tell him that he was under arrest. PASMF ¶¶ 15, 17. Mr. Eaton refused to comply and turned toward Deputy Lepper in a fighting stance. DSMF ¶ 100; PRDSMF ¶ 100.
During oral argument, a factual question arose as to whether Mr. Eaton was carrying bags with leftovers when he turned and assumed a belligerent stance toward Deputy Lepper. Mr. Eaton's counsel asserted that the summary judgment record confirms that he was holding carryout bags of food when he turned to face Deputy Lepper—a fact that would make his belligerence less intimidating. In support, Mr. Eaton's counsel pointed to the following Delphic statement of material fact:
Defendant Jason Lepper admits the bags are held with your fists and Plaintiff Ronald Eaton was holding the bags.
PSAMF ¶ 48. This statement of material fact appears wholly without context. There is no other mention of bags in Mr. Eaton's additional statement and no mention of carryout bags of Chinese food. Upon first review, the Court did not know what to make of the statement. The Court accepts Mr. Eaton's counsel's contention that there is evidence in this summary judgment record that as he turned to face Deputy Lepper, Mr. Eaton was carrying bags of leftover food.
Deputy Lepper approached Mr. Eaton, grabbed him, and pushed him up against the exterior wall. DSMF ¶ 104; PRDSMF ¶ 104. Mr. Eaton was able...
To continue reading
Request your trial
-
Gammon v. Crisis
...Counseling “unnecessarily made the Court's job more difficult.” Eaton v. Hancock Cnty, No. CV–08–370–B–W, 741 F.Supp.2d 307, 315 n. 7, 2010 WL 3852832, *3 n. 7, 2010 U.S. Dist. LEXIS, 102967, at *10 n. 7 (D.Me. Sept. 28, 2010). Each time Ms. Gammon's statement of material fact cited her aff......