Garrett v. United Gov.of Athens-Clarke County
| Decision Date | 28 February 2003 |
| Docket Number | No. 3:99-CV-104(DF).,3:99-CV-104(DF). |
| Citation | 246 F.Supp.2d 1262 |
| Parties | Pamela GARRETT, et al., Plaintiffs, v. UNIFIED GOVERNMENT OF ATHENS-CLARKE COUNTY, et al., Defendants. |
| Court | U.S. District Court — Middle District of Georgia |
Eric Keith Krasle, James S. Grimes, Athens, GA, for plaintiffs.
Andrew Hulsey Marshall, Michael C. Pruett, Brian Sheen Carney, Athens, GA, Jack Gibson Slover, Jr., Phillip E. Friduss, Jonathan Marigliano, Terry E. Williams, Lawrenceville, GA, Theodore Freeman, Matthew Peter Stone, Atlanta, GA, for defendants.
This case involves civil rights claims for damages brought under 42 U.S.C.A. § 1983 (West 1994 & West Supp.2002) by Pamela Garrett1 against the Unified Government of Athens-Clarke County, Georgia, Jack Lumpkin, Raymond Von Anderson, Donald Eckert, Ryan McGee, and Lloyd Nash.2 Plaintiff also asserts various state-law claims against Defendants. Before the Court is Defendants' Motion for Summary Judgment (tab # 130).
Summary judgment must be granted if "there is no genuine issue as to any material fact and ... the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). A genuine issue of material fact arises only when "the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). In reviewing a motion for summary judgment, the Court must view the evidence in the light most favorable to the nonmoving party; however, the Court may not make credibility determinations or weigh the evidence. See Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 150, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000); see also Maynard v. Williams, 72 F.3d 848, 851 (11th Cir.1996).
The moving party "always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, which it believes demonstrate the absence of a genuine issue of material fact" and that entitle it to judgment as a matter of law. Celotex Corp., 477 U.S. at 323, 106 S.Ct. 2548 (). If the moving party discharges this burden, the burden shifts to the nonmoving party to go beyond the pleadings and present specific evidence showing that there is a genuine issue of material fact (i.e., evidence that would support a jury verdict) or that the nonmoving party is not entitled to a judgment as a matter of law. See Fed.R.Civ.P. 56(e); see also Celotex Corp., 411 U.S. at 324-26, 106 S.Ct. 2548. This evidence must consist of more than mere conclusory allegations or legal conclusions. See Avirgan v. Hull, 932 F.2d 1572, 1577 (11th Cir.1991). Under this scheme, summary judgment must be entered "against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial." Celotex Corp., 411 U.S. at 322, 106 S.Ct. 2548.
Viewing the facts in the light most favorable to the Plaintiff, the pertinent facts are as follows. On July 19,1997, at approximately 4:11 a.m., Officer Cleveland of the Franklin Springs Police Department initiated a traffic stop of a pick-up truck driven by Eric William Irby. Officer Cleveland attempted to stop the vehicle because he observed a tail light violation and suspected that the driver was under the influence. However, Irby failed to stop his vehicle and instead led Officer Cleveland on chase through several counties at speeds ranging from sixty-five to eightyfive miles per hour. Officer Buffington of the Royston Police Department, Officer Phillips of the Franklin County Sheriffs Department, and Officer Carr of the Madison County Sheriffs Department joined Officer Cleveland in the pursuit of Irby. The chase ended in Athens-Clarke County after approximately forty-five minutes to one hour, when one of the pursuing officers forced Irby's vehicle off of the road and into a ditch.
After Irby's vehicle came to rest in the ditch, Officer Cleveland stopped his police cruiser directly in front of Irby's vehicle in order to prevent him from moving the vehicle. Officer Cleveland then went to the passenger side of the vehicle where he took the passenger into custody. As Irby began to get out of the truck, Officer Carr approached the driver's side of the vehicle, whereupon the two men began to struggle. Officer Carr struck Irby over the head with his gun. Irby then began running across an open field, which was adjacent to the road, with Officers Carr, Buffington, and Phillips in pursuit. At some point during these events, Officer Carr's gun was fired, either when he struck Irby over the head with his gun or while Irby was running away, however, the bullet did not hit anyone.
The three officers eventually caught up with Irby and an extended struggle ensued. While the exact sequence of events is unclear, it is undisputed that during this time: (1) the officers attempted to gain control over Irby by repeatedly striking him with a baton or flashlight, (2) the officers were able to handcuff Irby with his wrists in front of his body, (3) Irby was forced to the ground, and (4) the officers pinned Irby to the ground by applying force to his back with their body weight.
During the struggle, officers from the Athens-Clarke County Police Department began to arrive at the scene. Sergeant Nash was the first Athens-Clarke County officer to arrive and he remained at the shoulder of the road in order to direct traffic. Prior to the arrival of the other Athens-Clarke County officers, a call went out over the police radio for leg restraints. When Officer Eckert and Officer Von Anderson arrived a short time later, Sergeant Nash directed them to take leg restraints into the field and assist the other officers in subduing Irby. Officer Eckert took his RIPP Hobble Cord, which is an adjustable nylon strap or rope, approximately four feet in length with clips at each end, into the field. A few minutes later Officer McGee arrived at the scene and joined the other officers in the field.
Once the Athens-Clarke County officers reached the ongoing struggle, Officer Eckert used a pair of handcuffs to join Irby's ankles. While Irby continued to resist, Officer Eckert attempted to attach the hobble cord to the ankle cuffs in order to place Irby in what is commonly referred to as a "hog-tie" or "hobbled" position. The parties have agreed that for the purposes of this case the term "hobbling" means the binding of a subject's ankles and wrists, and then the connection of the ankles to the wrists behind the subject's back by means of a rope, chain, or strap, in such a way that the bound person's legs cannot be fully extended. The Court will use the term "hog-tie" to mean that the distance between the subject's wrists and ankles was less than twelve inches, causing the body to be put in a bow position.
Irby continued to struggle, making it difficult for Officer Eckert to place him in a hobbled or hog-tie position. In order to assist Officer Eckert, one of the officers from another jurisdiction sprayed Irby's face with O.C. spray, which is commonly known as pepper spray and used by police to subdue suspects or prisoners. The officers agree that within a few seconds of applying the O.C. spray, Irby became complaint. After Irby became compliant, the officers re-cuffed Irby's hands so that they were positioned behind his back and finished restraining Irby using the hobble or hog-tie method. The parties dispute how much space separated Irby's wrists and ankles, however, the Court finds that Plaintiff has presented sufficient evidence at the summary judgment stage so that a reasonable jury could infer that Irby was hog-tied.
Officers Eckert, Von Anderson, and McGee carried Irby back to the roadside in the hobble or hog-tie position so that his chest and face were hanging down. The officers placed Irby on his stomach off to the side and behind a running police cruiser. The distance between Irby and the cruiser is disputed, with estimates ranging from five to twenty feet. Officer Von Anderson checked to make sure that Irby had a pulse and felt that he had one. At some point after the officers brought Irby back to the roadside, one of the officers called for an ambulance. The officers did not check on Irby again until the ambulance arrived.
Upon arrival, the paramedics found Irby in distress and still bound. The paramedics directed the officers to remove Irby's restraints and transported him to the Athens Regional Medical Center where he was pronounced dead. An autopsy was performed on Irby's body and Dr. Kopnen, Deputy Chief Medical Examiner of Georgia, listed the cause of death as "Positional Asphyxiation (`Hog Tie Restraint')." Furthermore, in the opinion portion of the autopsy report Dr. Kopnen stated that "[t]his death occurred in police custody and was the direct result of being restrained in a `hog-tied' fashion." The autopsy also found methamphetamine in Irby's system and listed methamphetamine as a significant contributing factor in Irby's death. Dr. Kopnen's report was reviewed and approved by Dr. Sperry, the Chief Medical Examiner of Georgia. The coroner of Athens-Clarke County, Randall Garrett, recorded the cause of death as homicide by positional asphyxiation. Defendants' expert, Dr. Karch, believes that Irby died as a result of a condition called "excited delirium" with other contributing factors.
Athens-Clarke County police officers are trained pursuant to a written policy that instructs...
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