French v. City of Casey, Civil Action No. 16-cv-00287-JLK

• Decision Date: 09 January 2019
• Docket Number: Civil Action No. 16-cv-00287-JLK
• Citation: 361 F.Supp.3d 1011
• Parties: Patti FRENCH ; Glenn French; and Shane French, Plaintiffs, v. CITY OF CORTEZ; Casey Eubanks, in His Individual and Official Capacity ; Jennifer Lodge, in Her Individual and Official Capacity ; Boyd Neagle, in His Individual and Official Capacity ; Roy C. Lane, in His Official Capacity ; David Allmon, in His Individual and Official Capacity, Defendants.
• Court: U.S. District Court — District of Colorado

361 F.Supp.3d 1011

Patti FRENCH ; Glenn French; and Shane French, Plaintiffs,

v.CITY OF CORTEZ; Casey Eubanks, in His Individual and Official Capacity ; Jennifer Lodge, in Her Individual and Official Capacity ; Boyd Neagle, in His Individual and Official Capacity ; Roy C. Lane, in His Official Capacity ; David Allmon, in His Individual and Official Capacity, Defendants.

Civil Action No. 16-cv-00287-JLK

United States District Court, D. Colorado.

Signed January 9, 2019

Kathryn J. Stimson, Haddon Morgan & Foreman, P.C., Tiffany Jo Drahota, Drahota Defense LLC, David Arthur Lane, Killmer Lane & Newman, LLP, Denver, CO, for Plaintiffs.

Eric Michael Ziporin, Joseph David Williams, Ryan Francis McGrath, Senter Goldfarb & Rice, LLC, Denver, CO, for Defendants.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (ECF NO. 49)

JOHN L. KANE, SENIOR U.S. DISTRICT JUDGE

On the night of February 14, 2014, Plaintiff Patti French called 911 to obtain a mental health hold for her son, Plaintiff Shane French. Officers from the Cortez Police Department arrived at the French home in short order. Hearing voices inside, they entered the residence, tackled Shane, and tased him several times. In the commotion, an officer was injured, and an officer shoved Plaintiff Glenn French, Shane's father and Patti's husband. Shane was arrested and charged with attempted murder, felony criminal mischief, felony obstruction, reckless endangerment, and menacing. He was acquitted of all charges after spending ten months in jail.

The claims brought by Patti, Glenn, and Shane French (the "Frenches") in this case arise out of the February 14, 2014 events and Shane's subsequent prosecution. Defendants are the City of Cortez, its Police Department Chief Roy C. Lane, and officers involved in the incident, Sergeant David Allmon and Officers Casey Eubanks, Jennifer Goodall,¹ and Boyd Neagle. In effect, six civil rights claims are asserted under 42 U.S.C. § 1983 : (1) the Frenches allege unlawful entry into their home by Officers Eubanks and Neagle; (2) Shane alleges excessive force by Officers Eubanks, Neagle, and Goodall;² (3) Glenn alleges excessive force by Officers Eubanks and Neagle; (4) Shane alleges false arrest and unlawful seizure of his person by Sergeant Allmon and Officers Eubanks, Neagle, and Goodall; (5) Shane alleges malicious prosecution by Officers Eubanks, Neagle, and Goodall; and (6) the Frenches allege that the City of Cortez failed to adequately train its officers in the recognition of and interaction with persons with mental illness.³ Glenn and Shane additionally allege that Officer Eubanks denied them the benefits reserved to them by the Americans with Disabilities Act ("ADA"). Defendants now move for summary judgment on each of these claims.

The Frenches submit that "this is a classic example of law enforcement, as a result of inadequate training, criminalizing and incarcerating mentally ill people." Resp. at 1. The facts, as presented by the Frenches, support that charge. The officers involved unreasonably acted based on previously held assumptions and information without reacting to the circumstances as they unfolded. Still, some of the Frenches' claims cannot overcome the defense of qualified immunity or are legally deficient. For the reasons that follow, I grant Defendants' Motion for Summary Judgment in part and deny it in part.

I. Legal Standard

Summary judgment is only appropriate if "the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). A fact is "material" if it "might affect the outcome of the suit under governing law." Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). And a factual dispute is "genuine" if a "reasonable jury could return a verdict for the nonmoving party." Id. If there are no genuine disputes regarding material facts and the nonmoving party fails to make a sufficient showing on an essential element of his case for which he bears the burden of proof at trial, then the moving party is entitled to judgment as a matter of law. Celotex Corp. v. Catrett , 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The judge's function at the summary judgment stage "is not himself to weigh the evidence and determine the truth of the matter but to determine whether there is a genuine issue for trial." Liberty Lobby , 477 U.S. at 249, 106 S.Ct. 2505.

For summary judgment purposes, I must view the evidence in the light most favorable to the nonmoving party and resolve all disputed facts in favor of that party. McCoy v. Meyers , 887 F.3d 1034, 1044 (10th Cir. 2018). Accordingly, the facts are recounted here resolving all disputes in favor of the Frenches.

II. Facts—Viewed in the Light Most Favorable to the Frenches

Shane French has struggled with mental health problems, like post-traumatic stress disorder

(PTSD) and bipolar disorder, for years.⁴ In the past, when Shane was down or not thinking clearly, Patti usually just let him talk until he wore himself out so that he wouldn't drive or leave their home. Patti Dep. at 46:16-47:10, ECF No. 49-1. On a few occasions, however, Patti and Glenn French sought assistance from the Cortez Police Department. Id. at 47:20-48:9, 66:24-67:1; Glenn Dep. at 14:19-15:3, ECF No. 49-2. The responding officers generally were successful in calming Shane down just by talking to him or offering to give him a ride somewhere.

Shane had many other less congenial interactions with the Police Department over the years, though, including instances in which he injured family members and engaged in criminal activity. Shane's criminal history, for example, includes arrests in 2000 for resisting arrest and in 2011 for misdemeanor assault of a police officer. Patti Dep. at 148:2-24, 151:3-6.⁵ In September 2003, the police were called by a neighbor after Shane accidentally poked his father with a barbecue fork while climbing through a window. Id. at 109:19-110:1, 133:9-15; Glenn Dep. 35:16-36:22. Almost ten years later, Shane hit his brother while they were wrestling, and his brother decided to press charges so that Shane could receive help. Patti Dep. at 110:2-111:15.

The Cortez Police Department was impacted by its interactions with Shane to the extent that Chief Lane admitted, when Shane was involved in a call, it was not one the Department liked to take. Lane Dep. at 39:10-14, ECF No. 55-20. Prior to February 14, 2014, a number of the Department's officers, including Officer Goodall and Sergeant Allmon, had been dispatched to the French residence due to Shane's conduct. Goodall Aff. at 2, ECF No. 49-6; Allmon Aff. at 2, ECF No. 49-7. Likewise, Officer Neagle had interacted with Shane and had knowledge that he carried knives in the sleeves of his leather jacket. Neagle Dep. at 7:17-9:13, 11:13-14, ECF No. 49-3; accord Patti Dep. at 154:20-155:8 (admitting that, starting in 2013, it was typical for officers to find knives on Shane or in his vehicle when coming into contact with him). The prevailing attitude within the Department in responding to incidents involving Shane was that he must be "high" or "off his meds." Lane Dep. at 36:22-37:1.

In Colorado in 2014, an individual could be placed under a 72-hour emergency mental health hold for treatment and evaluation if he appeared to have a mental illness and, as a result of that illness, appeared to be "an imminent danger to others or to himself" or to be "gravely disabled." Colo. Rev. Stat. § 27-65-105(1). Initiating the process for such a hold could be done either: (1) by a certified peace officer, medical professional, licensed professional counselor, or clinical social worker, among others, or (2) via an affidavit sworn to or affirmed before a judge. Id.

On the night of February 14, 2014, Patti French called 911 for the Cortez Police Department to initiate that process. Shane was in trauma after he stopped taking his psychiatric medications. Patti Dep. at 67:19-21, 112:14-16, 132:4-7. Patti and Glenn had attempted to calm him but ultimately decided they needed the police to intervene. Shane had been rambling nonsensically and yelling at the top of his lungs outside the house for hours, and Patti didn't want to disturb the neighborhood. Id. at 64:16-65-16. She called 911 and calmly informed dispatch that Shane was "out of control" and she believed he needed a mental health hold. 911 Call at 00:18-20, 00:45-46, ECF No. 55-1. Patti specifically requested that any officers arrive with their lights and sirens turned off because she believed they would upset Shane further. Id. at 00:33-40.

Cortez Police Dispatch radioed the call and relayed that the officers should not arrive with their emergency lights or sirens activated. Neagle Aff. at 2, ECF No. 49-5. Because Shane was involved and the call came from Patti and late at night, Sergeant Allmon coded it a "10-0," indicating to the officers that they should use additional caution when responding. Allmon Aff. at 2. Dispatch contacted and questioned Patti again, and she confirmed that Shane's acting out was entirely verbal, he was not violent, and he needed "mental help." 911 Call at 03:28-36.

Upon arriving at the French home, Officers Eubanks and Neagle observed Shane at the entrance to the residence. Eubanks Aff. at 2, ECF No. 49-4; Neagle Aff. at 2. As they approached, Shane went inside and shut the door. Id. The officers then heard voices, including a man talking very loudly, inside the home. Patti Dep. at 181:19-182:1. Officer Eubanks engaged the door handle and found it to be locked. He began to bang loudly on the door. As Patti and Glenn moved toward the door, Shane was in Patti's line of sight with his hands empty. Id. at 81:2-25. Patti reached the door and unlocked it, but before either Glenn or Patti could open it, the officers burst through. Id. at 77:13-78-16. The door flung open with such force that it left a hole in the wall and broke...