Edwards v. Matthews, Case No. 2:17-cv-236

• Decision Date: 17 July 2018
• Docket Number: Case No. 2:17-cv-236
• Parties: JAMES EDWARDS, Plaintiff, v. CRAIG ALAN MATTHEWS, et al., Defendants.
• Court: U.S. District Court — Southern District of Ohio

JAMES EDWARDS, Plaintiff,
v.
CRAIG ALAN MATTHEWS, et al., Defendants.

Case No. 2:17-cv-236

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

July 17, 2018

CHIEF JUDGE EDMUND A. SARGUS, JR.
Magistrate Judge Kimberly A. Jolson

OPINION AND ORDER

This matter is before the Court for consideration of Defendants' Partial Motion for Summary Judgment (Def. Mot. S.J., ECF No. 25.) In turn, Plaintiff has filed a Response in Opposition (Pl. Mem. Opp., ECF No. 31), and Defendants have filed a Reply Memorandum (Def. Reply, ECF No. 32). Additionally, Plaintiff has moved for leave to file a sur-reply and for oral argument (Pl. Mot., ECF No. 33.) These motions are ripe for decision.

I. BACKGROUND

Plaintiff Edwards filed this action against Guernsey County (the "County") and two deputies from the Guernsey County Sheriff's Office, alleging a violation of his civil rights under 42 U.S.C. §1983 based on the violation of his right under the Fourth Amendment to the Constitution to be free from unreasonable searches and seizures, including the use of excessive force. (Compl., ECF No. 1.)

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A. The Plaintiff

Plaintiff Edwards ("Plaintiff" or "Edwards") is a man who is 5'9" tall and weighs "approximately 340 pounds." (Compl., ECF No. 1, ¶ 10.) The essence of his complaint is that he was injured when Officers failed to use two sets of handcuffs to handcuff him:

14. The handcuffs caused severe pain as they pressed into Mr. Edwards' skin.

15. Due to his size, it was obvious that one set of cuffs was too short to restrain Mr. Edwards behind his back without causing injury, but Defendant Matthews ignored the obvious strain the handcuffs placed on Mr. Edwards' wrists.

(Id. at ¶¶ 14, 15.)

B. The Defendants

Guernsey County is an independent governmental entity. Defendants Deputy Craig Matthews (hereinafter "Matthews") and Deputy Dale Morris ("Morris") (collectively, the "Officers") are being sued in their personal capacities and in their official capacities for actions taken while engaged in their duties as deputies in the Guernsey County Sheriff's Office. (Compl., ECF No. 1, at pp. 2-3.)

C. The Incident

There is no dispute that Plaintiff was driving with six passengers in his car when his vehicle was pulled over by officers on March 26, 2016, at approximately 3:13 a.m. His car matched the description of suspects fleeing a reported home invasion robbery, who were alleged to be armed. During the felony stop, Deputy Morris acted "as the contact officer and gave commands to the occupants of the suspect vehicle." (Def. Mot. S.J., ECF No. 25, at p. 3.) "Deputy Morris ordered all of the occupants out of the vehicle and they were taken into custody one-by-one. Mr. Edwards was the first out of the vehicle and he was handcuffed by Deputy Matthews and placed in Matthews' cruiser." (Pl. Mem. Opp., ECF No. 31, at p. 2.)

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The issue in this case stems from Matthews' use of one set of handcuffs instead of two to handcuff Mr. Edwards. (Pl. Mem. Opp., ECF No. 31, at p. 2.) Plaintiff alleges that "[u]sing one set of handcuffs squeezed Mr. Edwards['] arms together behind his broad back, causing the handcuffs to dig into his wrists." (Id.) Plaintiff asserts that, "[b]ecause of the tight handcuffs, Mr. Edwards suffered nerve damage that required prolonged treatment including surgery." (Id., at p. 3.)

Plaintiff specifically alleges that Matthews and Morris were acting under color of State law, in the scope of their employment with, and pursuant to search and seizure policies, practices, procedures, and customs adopted by, Guernsey County. (Id.) He alleges that in using one set of handcuffs, Matthews "used excessive force in handcuffing Mr. Edwards, and Deputy Morris failed to intervene and stop Matthew's use of excessive force." (Pl. Mem. Opp., ECF No. 31, at p. 1.) Against the County, Plaintiff asserts that:

Guernsey County policies, practices, customs, training and supervision regarding subject control were the moving force behind the violations imposed on Mr. Edwards. Guernsey County ratified the unconstitutional behavior of the individual Defendants.

(Compl., ECF No. 1, at p. 5.)

II. FACTUAL ALLEGATIONS

A. Plaintiff's Factual Allegations

Plaintiff alleges the following facts:

He [Edwards] was handcuffed using one set of handcuffs, which creates a potential for wrist injuries for obese persons, particularly the longer they are handcuffed. (Rahtz Depo., Doc. 22, PageID #145:5-18). Using one set of handcuffs squeezed Mr. Edwards['] arms together behind his broad back, causing the handcuffs to dig into his wrists. He repeatedly complained of the pain he was in (Edwards Depo., Doc. 21, PageID # 85:8-14, 89:2-11, 93:16-22, 94:20-95:2). At one point, Deputy Matthews removed Mr. Edwards from his cruiser while Deputy Morris stood nearby. (Id. at PageID #89:2-11). Mr. Edwards heard Deputy Morris offer Deputy Matthews a second set of handcuffs, but Deputy

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Matthews rebuffed the offer. (Id.) Two sets of handcuffs are commonly linked together and used to handcuff obese persons to alleviate the pressure on their arms and wrists. (Rahtz Depo., Doc. 22, PageID #145:5-146:19). Mr. Edwards heard two clicks and the pain was not alleviated in any way. (Edwards Depo., Doc. 21, PageID #89:2-11). Mr. Edwards complained again of pain, but Deputy Matthews just put him back in the cruiser. (Id.)

(Pl. Mem. Opp., ECF No. 31, at pp. 2-3.)

While in the rear of the cruiser, Mr. Edwards continued to complain about the pain he was in through the partially open windows of the cruiser when Deputies Matthews and Morris were standing by the driver's door. (Id. at 93:16-22). Mr. Edwards also complained when Deputy Matthews got back in the cruiser to transport Mr. Edwards to the jail. (Id. at 94:20-95:2). The deputies ignored his complaints. Because of the tight handcuffs, Mr. Edwards suffered nerve damage that required prolonged treatment including surgery. (Id. at 106-110).

The same day Mr. Edwards was arrested he texted a picture of his injured wrists to Defendant Sheriff Jeffrey Paden, who is a friend of his. (Edwards Depo., Doc. 21, PageID #99:1-23; Paden Depo., Doc. 30, PageID #464:5-466:14). Sheriff Paden did not respond to Mr. Edwards' text for three months. (Id.)
....
Sheriff Paden admits there was no internal investigation of Mr. Edwards' complaint. (Id. at 506:18-507:22).

(Id. at p. 3.) Plaintiff further alleges that "[t]he single set of cuffs remained on Mr. Edwards, pulling on his arms behind his back for approximately 45 - 50 minutes." (Compl., ECF No. 1, at ¶ 21.)

B. The Officers' Factual Allegations

Deputies Matthews and Morris and Sheriff Paden presented their factual allegations in their declarations. (Matthews Decl., ECF No. 25-1; Morris Decl., ECF No. 25-2; Paden Decl., ECF No. 25-3.)

1. Deputy Matthews' Declaration

Deputy Matthews states in his declaration that he has been an employee of the Guernsey County Sheriff's Office since 2014, and has "handcuffed hundreds, perhaps thousands of persons." (Matthews Decl., ECF No. 25-1, at ¶¶ 3, 7.) "Other than the allegations in this case, I

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am not aware of any other person that I have arrested complaining of injury from my use of handcuffs; I have handcuffed many persons who were the size of Mr. Edwards or larger and had no difficulty applying a single set of handcuffs behind the person's back." (Id. at ¶¶ 13, 14.) During the felony stop, he had his gun drawn. He patted Mr. Edwards down for weapons, handcuffed him, and placed him in his cruiser. (Id. at ¶¶ 25-28.) "Because there were still six persons in the vehicle and it was reported they might be armed, I do not know if I double locked Mr. Edwards' handcuffs at that time. My main thought at that time was maintain security of the scene." (Id. at ¶ 29.) He did not recall any problems at that time. After the occupants of the vehicle had been detained, he "got Mr. Edwards out of my cruiser to check his handcuffs." (Id. at ¶ 30.)

32. I do not recall what Mr. Edwards specifically stated, but he must have made some comment or complaint about his handcuffs which caused me to get Mr. Edwards out of the cruiser to check on him;

33. When I got Mr. Edwards out of the cruiser I adjusted his handcuffs by loosening them. I then checked for secureness and comfort by checking the gap between the handcuffs and Mr. Edwards' wrists as described in Paragraph 9 above;

34. I then double locked the handcuffs so they could not tighten further and place[d] Mr. Edwards back into my cruiser;

35. Mr. Edwards made no other complaints to me about his handcuffs;

36. If Mr. Edwards had made further complaints, I would have responded to those complaints;

(Id. at ¶¶ 32-36.)

2. Deputy Morris' Declaration

Deputy Morris states in his declaration that he completed his peace officer training in 2004, served as an auxiliary police officer with the Cambridge Police Department from 2005-2010, was a full-time police officer there from 2010-2016, and since 2016 has been a Deputy

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Sheriff with Guernsey County. (Morris Decl., ECF No. 25-2, at ¶¶ 3-7.) He stated that, other than directing Mr. Edwards to exit the vehicle, he "had no other interaction with Mr. Edwards." (Id. at ¶ 29.) He "did not have any conversation" with Mr. Edwards; "did not hear Mr. Edwards speak about his handcuffs;" "did not hear any conversation between Deputy Matthews and Mr. Edwards;" "did not have any conversation with Deputy Matthews about Mr. Edwards;" and "did not offer a set of handcuffs to Deputy Matthews." (Id. at ¶¶ 30-34.)

3. Sheriff Paden's Declaration

Sheriff Jeffrey Paden is the elected Sheriff of Guernsey County. He became a law enforcement officer in 1990, and has been employed in the Guernsey County Sheriff's Office since 1994. In his more than 23 years at this office, he is not aware of any other lawsuit against an employee alleging "improper or excessively tight handcuffing." (Paden Decl., ECF No. 25-3, at ¶¶ 3-6.) He states that:

8. It is the policy of the Guernsey County Sheriff's Office that

...