Golden v. Columbia Cas. Co., CIVIL ACTION NO. 13-547-JWD-SCR
| Decision Date | 11 June 2015 |
| Docket Number | CIVIL ACTION NO. 13-547-JWD-SCR |
| Parties | TERESA CLIFTON GOLDEN, ET AL. v. COLUMBIA CASUALTY COMPANY, ET AL. |
| Court | U.S. District Court — Middle District of Louisiana |
This matter comes before the Court on the following motions: (1) the Motion for Partial Summary Judgment (R. Doc. 39) by Plaintiffs Teresa Clifton Golden and Brian Golden (the "Plaintiffs"); (2) the Cross-Motion for Partial Summary Judgment and Opposition to Plaintiffs' Motion for Partial Summary Judgment on Behalf of Deputy Brandon Johnson (R. Doc. 52); (3) the Motion for Partial Summary Judgment on Behalf of Sergeant Steven Erdey (R. Doc. 53); and (4) the Motion for Partial Summary Judgment on Behalf of Columbia Casualty Company (R. Doc. 56). The motions are opposed. (R. Docs. 52 & 62). Oral argument was heard on May 7, 2015.1
The parties agree on the broad strokes of what happened on the night of the incident, but they dispute the details. These factual disputes are made more complicated by the fact that cross-motions for summary judgment have been filed, thereby requiring the Court to construe the facts in the light most favorable to each side for purposes of the other's motion.
The basic undisputed facts are these. On June 4, 2013, the Livingston Parish Sheriff's Office received a 911 call from Teresa Golden's sister, Deana, who said that Teresa was suicidal.Defendants Sergeant Steven Erdey and Deputy Brandon Johnson received a call from dispatch and arrived at the Plaintiffs' home. Erdey and Johnson entered the home and discovered Teresa sleeping. Johnson went outside to call and question Deana about her call to 911. Erdey went into the kitchen with the Plaintiffs. Johnson returned and, with paramedics present, started questioning Teresa.
As Johnson began questioning Teresa, she became angry and upset. After getting on the phone to call for help, Johnson moved to detain her further by placing her in handcuffs. Teresa's head struck the wall, either (as Plaintiffs contend) because Johnson intentionally and without justification slammed it there, or (as Defendants contend) because her head inadvertently hit the wall as Teresa was resisting. Further, while Teresa was resisting the handcuffing, Johnson executed a straight arm bar takedown and, with Erdey's help, completed the handcuffing.
Teresa sat on the couch until the coroner arrived. The coroner performed a medical exam and determined that Teresa was not suicidal. After the testing was complete, Johnson placed Teresa under arrest for committing the crimes of "Resisting an officer" and "Battery of a police officer." Specifically, Johnson claimed that Teresa resisted the handcuffing and kicked him while she was being handcuffed.
Johnson completed an "affidavit" to establish probable cause to further detain Teresa, and, allegedly, a state district court judge found probable cause. However, Johnson's affidavit was not signed in the presence of a notary.
Teresa and Brian Golden filed suit against Johnson, Erdey, Sheriff Ard, Major Brown, and Captain McGovern, as well as their insurer, Columbia Casualty Company ("Columbia"). Plaintiffs claimed (a) battery, (b) assault, (c) false arrest, (d) false imprisonment, (e) intentional infliction of emotional distress, (f) unlawful search and seizure, (g) cruel treatment, (h) failing toprovide medical attention, (i) violation of the Constitution and other laws of the United States and of the State of Louisiana, (j) excessive use of force, (k) unreasonable use of force, (l) malicious prosecution, and for other acts and omissions. (Complaint, R. Doc. 1, p. 10).
Having carefully considered the parties' briefs, the facts in the record, and the law, the Defendants' motions (R. Doc. 52, 53, & 56) are granted in part and denied in part. The Court dismisses the claims against Johnson, Erdey, and Columbia (1) for Johnson and Erdey's alleged unlawful entry into the Plaintiffs' home in violation of the Plaintiffs' Fourth Amendment rights; (2) for malicious prosecution under federal law; (3) for the alleged failure to provide medical care in violation of Teresa Golden's Fourth Amendment rights; and (4) for punitive damages under Louisiana state law. Further, the false arrest claims against Erdey under the Fourth Amendment and Louisiana state law are dismissed, but the unlawful seizure claim against him under the Fourth Amendment and false imprisonment claim against him under Louisiana state law survive. In all other respects, the Defendants' motions are denied. The Court further denies the Plaintiffs' Motion for Partial Summary Judgment (R. Doc. 39).
On June 4, 2013, Deana Amalio, sister of Plaintiff Teresa Golden, called 911 (See Declaration of Carl Varnado ..., R. Doc. 52-3). Defendants submitted an audio recording of the call. In that recording, Deana said that she was calling from Michigan but that she received a call from her sister who lives in Walker, Louisiana. Deana was not sure if her sister was drunk, but Deana said her sister had a history of suicidal tendencies. According to Deana, Teresa was crying and kept telling Deana that she was sorry and was an organ donor. Deana had gone "through this too many times." Deana also stated that she did not think Teresa had any weapons.However, there were children in the home. Deana went through this in Michigan "for years." Further, Teresa had previously "cut herself." Teresa purportedly said, "I'm so sorry, I just want to tell you I love you, and I'm an organ donor." Teresa was also unresponsive to calls and texts.
The audio recording also reflects that, after the call with Deana, the 911 operator tried four consecutive times to call a number, but he received a voicemail each time. Presumably, the operator was trying to reach Teresa.
The parties agree that, on the night of June 4, 2013, Sergeant Erdey and Deputy Johnson were dispatched to the Golden's residence. Significantly, there is no evidence establishing that the officers knew of the contents of the 911 call.2
Moreover, there is conflicting testimony on what happened when the officers arrived at the house. Plaintiff Brian Golden testified that he heard a knock on the door, and, when he opened it, he saw Sergeant Erdey about fifteen feet in the grass. (B. Golden Depo., R. Doc. 52-4, p. 5). Erdey asked if Teresa Golden lived there, and Brian responded that she was asleep. (Id.). Erdey asked who else was in the house, and Brian responded that three kids, a dog, and two cats were there. (Id.). Erdey asked to speak with Teresa. (Id.). Brian asked what it was in regards to, but, according to Brian, Erdy refused to tell him why. (Id., p. 5-6). Brian said he would go get her, and he "turned around, walked down the small hallway." (R. Doc. 52-4., p. 6). Brian said that the "door swings back" automatically. (Id.). Brian never instructed Erdey to refrain from going into the house, but the door closed on its own. (Id.).
Steven Erdey, on the other hand, said that when Brian asked why the officers were there, Erdey replied, "We have a call that Teresa Golden is suicidal, and we need to physically put eyes on her to make sure if she's still alive." (Erdey Depo., R. Doc. 52-6, p. 4). Erdey testified that Brian invited him in. (Id.).
Johnson testified that he was invited in by a homeowner. (Johnson Depo., R. Doc. 52-5, p. 4). Johnson could not remember Brian's exact words, but Johnson gathered from whatever Brian said that they were invited into the residence. (Id., p. 8). Johnson denied that Brian said to stay outside or wait here. (Id., p. 9). Johnson further said that he thought he had the right to enter even if he had not been invited to ensure Teresa's safety; Johnson could not take someone else's word, and he did not know whether Teresa would attempt to speed up a suicide attempt after knowing that someone was there to stop it. (R. Doc. 53-6, p. 7).
After the officers went into the Golden house, Johnson confirmed that Teresa was not actively committing suicide. (R. Doc. 39-2, p.13-15). Rather, Teresa was asleep. (Id.).
Significantly, Johnson testified that Teresa was not free to leave once he got to the house. (Id., p. 54). Teresa was not arrested upon his arrival; instead, she was being detained so that the officers could gather facts. (Id., p. 42).
Acadian Ambulance paramedics did not enter initially with the officers. (Johnson Depo., R. Doc. 39-2, p. 13). The paramedics arrived later. (Id.).
The Defendants' witnesses seemed to agree that the officers' job was to check on Teresa's welfare and to secure the premises for all persons at the scene, before the paramedics arrived and after. (Johnson Depo., R. Doc. 39-2, p.5 & R. Doc. 53-6, p. 4; Erdey Depo., R. Doc. 52-6, p. 2, 11). The officers testified that Acadian was supposed to determine if Teresa wassuicidal. (Johnson Depo, R. Doc. 53-6, p. 4; Erdey Depo., R. Doc. 52-6, p. 2, 11). Alex Fair and Kyle Sloan, the paramedics at the scene, stated that Acadian does not actually make the determination of whether somebody is suicidal or not; they determine whether or not they feel someone is in need of further evaluation. (Fair Depo., R. Doc. 63-2, p.2; Sloan Depo., R. Doc. 63-1, p. 2).
After seeing she was asleep, Johnson went back outside to contact Teresa's sister Deana to figure out what happened and to ask Deana about the conversation she had with Teresa earlier that day. (Johnson Depo., R. Doc. 39-2, p. 14-15). Once Teresa denied that she made any suicidal statements, Johnson wanted to hear the sister's side of the story first-hand. (Johnson Depo., R. Doc. 52-5, p. 12).
Johnson did not remember exactly what Deana said, but he remembered certain things. (Johnson Depo., R. Doc. 39-2, p. 15-16). The sister purportedly told him that Teresa had attempted suicide in the past on...
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