Ellison v. Hobbs

• Decision Date: 25 September 2018
• Docket Number: CIVIL ACTION FILE NO. 3:17-cv-16-TCB
• Citation: Ellison v. Hobbs, 334 F.Supp.3d 1328 (N.D. Ga. 2018)
• Parties: Kimberly Annette ELLISON, Plaintiff, v. Kenneth Warren HOBBS, et al., Defendants.
• Court: U.S. District Court — Northern District of Georgia

334 F.Supp.3d 1328

Kimberly Annette ELLISON, Plaintiff,

v.Kenneth Warren HOBBS, et al., Defendants.

CIVIL ACTION FILE NO. 3:17-cv-16-TCB

United States District Court, N.D. Georgia, Newnan Division.

September 25, 2018

Wayne B. Kendall, Office of Wayne B. Kendall, Fayetteville, GA, for Plaintiff.

Dianna J. Lee, Harvey Scott Gray, Gray Rust St. Amand Moffett & Brieske, LLP, Atlanta, GA, Karen Gilpin Thomas, Richard A. Carothers, Carothers & Mitchell, LLC, Buford, GA, for Defendants.

ORDER

Timothy C. Batten, Sr., United States District Judge

This case comes before the Court on the following motions:

• Plaintiff Kimberly Ellison's second motion [88] to amend her complaint;

• Ellison's motion [90] for partial summary judgment against Coweta County Fire Department Defendants Brandon Howard and Eric Gasaway (the "CCFD Defendants");

• Ellison's motion [93] for partial summary judgment against Newnan Police Department Defendants Kenneth Warren Hobbs, Michael D. Condit, and Patricia S. Ayers (the "NPD Defendants");

• NPD Defendants' motion [97] for summary judgment; and

• CCFD Defendants' motion [100] for summary judgment.¹

I. Background

The following facts are undisputed.² Around 4:30 a.m. on June 16, 2015, Ellison's neighbor, Adrian Wiggins, placed a 911 call requesting emergency medical services.

According to the 911 call recording, Wiggins had grown increasingly concerned about Ellison's mental condition. She informed 911 dispatch that Ellison was bipolar and having a "manic breakdown." 911 Recording [98] at 0:12.

Wiggins requested an ambulance, explaining that she and Ellison's sister, Dawn Revere, had intended to take Ellison to the doctor later that morning when the office was open, but Ellison's mental state was deteriorating. She could wait no longer. In Wiggins's words, "She's not going to make it until in the morning, she's incoherent ... nothing she's saying is making sense." Id. at 1:02–08."

Wiggins indicated to the dispatcher that she was concerned that Ellison was "becoming combative" and that Ellison needed to go to the hospital "before this escalates into something, she needs to be medicated before this escalates into something." Id. at 1:10–20. Ellison admits that she was having a manic episode that night.

Ellison had a history of bipolar disorder, including a notable breakdown in 2004 that resulted in her involuntary commitment and treatment. This most recent incident began several days prior to the night Wiggins called 911. A few days before, she experienced bipolar symptoms following a stressful encounter at the county jail where she was detained while visiting an inmate. This initially caused her sister to become concerned about her mental state.

Over the next few days, Ellison experienced racing thoughts and sleepless nights. Though she tried to control them using meditation and calming techniques, her symptoms worsened. And even though she had medication, her deteriorating condition indicated that either she was not taking it properly or it was not working.

The night of the incident, Ellison reached out to her neighbors, visiting them at random intervals into the early hours of the morning. She asked some of her neighbors, including Wiggins, Rex Payne, and Roy Brown, to accompany her in her apartment. This happened through the course of the early morning, increasing Wiggins's concern for Ellison's mental state. Ellison's neighbors helped as best they could but had not seen Ellison break down to this degree.

Officers Hobbs and Condit arrived first on the scene. They met Wiggins outside the apartment building's entrance. She reiterated much of the information about Ellison's condition that she had given to the dispatcher. She mentioned that Ellison was "slowly spiraling" downward; "may or may not be combative"; and that Ellison needed to go to the hospital. [110-2] ¶¶ 24–25.

Paramedic Gasaway and EMT Howard arrived shortly thereafter, and the officers gave them an overview of the situation. The four of them, with Wiggins, proceeded inside Ellison's apartment.

Hobbs was in front and entered Ellison's apartment first, while the other three stood outside. Ellison greeted Hobbs with an excited hug, told him, "I'm in charge," and said, "I'm not crazy yet but I know where I'm headed because I broke down in 2004." Id. ¶ 28. Ellison was speaking rapidly and fleeting from subject to subject—while waiving around a grill lighter—with little coherence. During their exchange, Hobbs asked Ellison if she wanted to go to the hospital, and she said yes.

As the interaction with Hobbs unfolded, Gasaway attempted to obtain information about Ellison's medicine. But she grew agitated. She screamed, "Stop!" at Gasaway, and told Hobbs, "I'm going to get combative, that's why you're here." Id. ¶¶ 33–34. Intermingled with this Ellison continued reassuring the group that she was in control, but also repeatedly told Hobbs to "shut up" as he continued the conversation with her. Id. ¶ 35.

Ellison continued her erratic talking, rambling on about numerous, unrelated topics. Hobbs continued trying to get Ellison to prepare to go to the hospital and to get her medicine, but her interest soured and she ignored his pleas.

At this point, the parties dispute (primarily, the characterization of) what happened next, but the Court does not rely on their characterizations; instead, it relies on the body wearable cameras ("bodycams") worn by Hobbs and Condit.

Ellison had moved out into the hallway and stood talking among the group with unbroken rapidity. Hobbs was standing in the apartment entryway inside the doorframe. Growing agitated, Ellison confronted Hobbs, pointing at him. She then pushed past him while moving towards Payne, who was inside the apartment. As she moved past him, Hobbs grabbed her from over her shoulder and restrained her from behind by her arms. Ellison yelled louder and louder with continued incoherence while resisting Hobbs's grip. Together, the pair waddled into the hallway, all while Hobbs was asking Ellison to calm down and trying to explain to her why the officers were there. Ellison was wearing only a bathrobe at this time. Due to Hobbs's grasp on her arms and the sleeves of her robe, one of her breasts was briefly exposed, but was covered up after a few seconds. Then, Ellison abruptly calmed down, so Hobbs gently released her and continued trying to speak with her.

The facts continue from here undisputed. After more disconnected discussion with the group, Ellison retreated into her apartment and slammed the door with the officers and EMS outside. Wiggins exited the apartment, leaving the door slightly ajar. Payne followed Wiggins out shortly thereafter, explaining that Ellison was getting upset when he tried to get her to go willingly to the hospital. While in the hallway the group discussed the risks of what would happen if Wiggins was left to care for Ellison by herself, especially if Ellison's condition continued to worsen. They agreed that it was too risky to drive Ellison in a normal passenger vehicle when her behavior was unpredictable and manic.

After a few minutes of everyone standing in the hallway, Ellison and Hobbs communicated through the ajar door. Ellison then invited him inside and said they needed to "learn to trust each other." Hobbs bodycam-1 [98] at 18:25. Gasaway followed, and after Hobbs explained that he was there to help, she allowed him in. She was still talking disconnectedly—constantly referring to her "advanced directive" as both a document and one of the people in the room—but showed Gasaway her medications and around her kitchen while asking Brown if he was packing her bag.

Around this time, Sergeant Ayers arrived on the scene. Officer Condit met her out front of the apartment and briefed her on the unfolding situation. He informed Sergeant Ayers that Ellison is bipolar, that things were likely "escalating to a combative state," Condit bodycam-1 [98] at 20:24–26, and that EMS had prepared soft restraints in anticipation that she should be taken into the hospital.

When Sergeant Ayers approached the apartment, Ellison greeted her with a warm welcome. Howard entered the apartment with Condit and Sergeant Ayers and joined the rest of the group. Ellison was still chatting endlessly about disparate topics, and when asked by Officer Hobbs whether she would go to the hospital she said, "No." Ayers bodycam [98] at 2:24.

Ellison continued, breathlessly active, and began to give passwords for her electronic devices. As she moved around the apartment, talking, and bustling, Ayers asked Gasaway what was going on. He replied, "We're gonna have to forcibly take her. That's all there is to it." Id. at 2:46–48. Howard can be seen at this time preparing the soft restraints while Ellison walked around chatting about a variety of topics upon which she had become affixed.

Ellison then sat down on the couch. Even though there was little actual conversation taking place, Ellison asked that everyone be quiet so that she could have a moment. Yet she kept talking. She switched topics again, calling herself "the Queen," id. at 3:18, and analogizing herself to a woman in labor.

Ellison then hopped up from the couch as one of the Defendants attempted to collect some of her belongings. She continued talking, let out a "Damn!" and stated that she does not cuss unless she is manic. Id. at 3:47. She then admitted without missing a beat, "I'm a sex addict." Id. at 3:55. She began discussing her boyfriend, at which point Sergeant Ayers attempted to speak with her. Ellison then screamed, "Stop! Stop! Stop!" emphatically. Id. at 4:04. She continued explaining that she is a sex addict and about other intimate matters, then moved on to giving instructions for the care of her dog, Oscar.

The disconnected discourse continued while Ellison moved back to the couch. While EMS began preparing the soft restraints, Sergeant Ayers can be heard stating to EMS, "Do what you got to do." Id. at 5:11. Howard and Gasaway approached Ellison and said, "It's time...