Hale v. Boyle Cnty.
| Decision Date | 22 September 2020 |
| Docket Number | CIVIL ACTION NO. 3:18-CV-00002-GNS-RSE |
| Parties | DUSTAN HALE PLAINTIFF v. BOYLE COUNTY, KENTUCKY; DEREK ROBBINS; and THOMAS PENNINGTON DEFENDANTS |
| Court | U.S. District Court — Western District of Kentucky |
This matter is before the Court on several motions filed by the parties in this case. Plaintiff has filed a motion for leave to file a notice of supplemental authority (DN 80). Defendants have filed motions for summary judgment (DNs 53, 55), motions to strike Plaintiff's affidavit (DNs 63, 66), and motions to strike Plaintiff's supplemental authority (DNs 77, 78). The motions are ripe for adjudication. For the reasons that follow, Defendants' motions for summary judgment (DNs 53, 55) and Plaintiff's motion for leave to file (DN 80) are GRANTED, while all other motions (DNs 63, 66, 77, 78) are DENIED.
From November 6, 2016, through April 23, 2017, Plaintiff Dustan Hale ("Hale") was a pretrial detainee at the Marion County Detention Center in Marion County, Kentucky. . Because Hale's criminal charges originated in Boyle County, Kentucky, the Boyle County Sheriff's Office transported Hale between Marion County and Boyle County each month for court appearances. .
On January 2, 2017, Defendant Thomas Pennington ("Pennington"), a court security officer and deputy sheriff with the Boyle County Sheriff's Office, picked up Hale from the Marion County Detention Center to transport her to Boyle County. . On that trip, Hale sat handcuffed in the back seat of the transport vehicle. (Hale Dep. 92:5-8, 93:8-10, Sept. 19, 2018, DN 59-3). At some point during that trip, Pennington asked Hale about her criminal charges, to which Hale "explained that [her] marriage was the shits and [she] had started using cocaine again, and [she] failed a drug test with three months left of [her] pretrial diversion . . . ." (Hale Dep. 93:23-94:13). When Hale "said[] [her] marriage is the shits, [Pennington] goes, oh, I know how that goes." (Hale Dep. 94:6-8).
Two days later, Pennington transported Hale back to Boyle County. (Def.'s Mot. Summ. J. Ex. 13). Initially during the trip, Hale sat handcuffed in the back seat of the transport vehicle. (Hale Dep. 92:11-12, 93:8-10). Almost immediately after they left the Boyle County Detention Center, Hale asked Pennington if he had anyone else to pick up, to which Pennington responded that he had to pick someone up in Taylor County. (Hale Dep. 95:1-5). Hale then told Pennington that he should let her ride with him to pick up the other inmate because "in jail, you don't get to see daylight very much [and] [i]t was a sunny day." (Hale Dep. 95:5-7). Pennington responded by explaining to Hale, "well, I would but I have to go through Marion County to get to Taylor County." (Hale Dep. 95:7-8). Hale then suggested an alternative route, which Pennington then proceeded to take. (Hale Dep. 95:9-10).
Along the way, Pennington stopped at a gas station and went in to buy soft drinks, leaving the car running. (Hale Dep. 92:20-22). When he came back, Pennington pulled the car to the side of the gas station parking lot and asked Hale, "you won't do anything stupid if I put you in the front, will you?" to which Hale responded in the negative. (Hale Dep. 92:22-93:5). Pennington then opened the door and put Hale in the front of the transport vehicle. (Hale Dep. 93:5-7).
After leaving the gas station, Pennington took his handcuff key out of his pocket and told Hale to "let [him] see [her] hands[;]" so, Hale "held them up and [Pennington] uncuffed [her], (Hale Dep. 96:7-11). Upon uncuffing Hale, Pennington said, "you're in control now." (Hale Dep. 96:11). Hale "wasn't quite sure what that meant, but being[] that he was a man and [she] was a girl, [she] kind of [believed] maybe he was insinuating something sexual." (Hale Dep. 96:11-14). Hale then offered to perform oral sex on Pennington, but then said "I'm just kidding kind of." (Hale Dep. 96:23-25). Pennington "didn't respond with any words [but] [h]e was smiling." (Hale Dep. 97:2-3). Hale then told Pennington to "find a back road." (Hale Dep. 97:3-4). Pennington pulled the vehicle off the road, and he and Hale "started kissing." (Hale Dep. 97:7-14). Pennington undid his pants, and Hale performed oral sex on him. (Hale Dep. 97:14). Pennington then "asked [Hale], please don't tell anyone that this happened" and stated that "he couldn't believe that it happened." (Hale Dep. 102:22-24). Hale told Pennington that she "wouldn't tell anyone." (Hale Dep. 102:24-25). Pennington and Hale then proceeded to the Taylor County jail, where Pennington then reapplied Hale's handcuffs. (Hale Dep. 100:5-21).
On February 2, 2017, Pennington again picked Hale up from Marion County. (Hale Dep. 103:11-25). Pennington "uncuffed [Hale] immediately at the stop sign of the jail and asked [Hale] if [she] was ready to go for a ride[,]" to which Hale responded in the affirmative. (Hale Dep. 104:10-13). Pennington then drove toward Pulaski County and eventually stopped at a gas stationto buy soft drinks for him and Hale, leaving Hale in the front seat uncuffed. (Hale Dep. 104:13-14, 105:14-106:9, 113:7-13). Pennington also let Hale smoke in the vehicle. (Hale Dep. 106:8-9). During the trip, Pennington and Hale held hands and Hale kissed Pennington's neck. (Hale Dep. 106:16-21). Pennington eventually drove to a field where he and Hale engaged in oral sex and intercourse. (Hale Dep. 107:15-110:18).
Hale remained at the Boyle County Detention Center from February 2 to February 8. (Defs.' Mot. Summ. J. Ex. 14, DN 55-15). While there, Hale told a fellow inmate named Crystal Stevens ("Stevens") that she "had sex with the guy that was transporting me." (Hale Dep. 116:15-117:5). Another inmate overheard the conversation and later told Pennington what she had heard while Pennington was transporting that inmate at some point before February 8. (Hale Dep. 116:15-118:11).
On February 8, Pennington again transported Hale from Boyle County to Marion County. (Defs.' Mot. Summ. J. Ex. 14). That trip "was a little different." (Hale Dep. 116:8-13). When Pennington put Hale in the transport vehicle, (Hale Dep. 118:10-15). Pennington did not immediately uncuff Hale when she got in the transport vehicle, unlike the other times he transported her, but he did put her in the front seat. (Hale Dep. 118:15-18). Pennington proceeded to take a "back way, not the normal way that you would go from Boyle County Detention Center to Marion." (Hale Dep. 118:18-20). Pennington "[drove] really fast and he was pissed off." (Hale Dep. 118:23). Pennington confronted Hale about telling someone about their sexual encounter. (Hale Dep. 118:24-25). Hale originally denied telling anyone but then admitted that she may have told Stevens within earshot of another inmate. (Hale Dep. 119:8-25). Pennington "was freaking out" and asked if Hale would be willing to take a pregnancy test and she agreed. (Hale Dep. 120:1-3). Pennington then pulled over to the side of aroad and uncuffed Hale, who proceeded to take the pregnancy test, which came back negative. (Hale Dep. 120:4-14). Pennington and Hale then started kissing and had sex. (Hale Dep. 120:15-19). Afterwards, Hale "assured [Pennington] that [she] wouldn't tell anyone else and that if anybody asks, [she] would say it wasn't true." (Hale Dep. 120:23-25).
Pennington transported Hale three more times—twice in March 2017, to and from the Boyle County Detention Center, and once in April 2017, from the Marion County Detention Center to the Boyle County Detention Center. (Defs.' Mot. Summ. J. Ex. 15, DN 55-16; Ex. 16, DN 55-17). On each of those trips, Pennington and Hale engaged in intercourse. (Hale Dep. 123:5-9).
On April 5, 2017, a confidential informant at the Marion County Detention Center told a deputy sheriff that Hale was having sex with a transport officer and that Hale was planning an escape. (Defs.' Mot. Summ. J. Ex. 17, DN 55-18). Dispatch relayed that information to Defendant Boyle County Sheriff Derek Robbins ("Robbins") at 5:30 a.m. that day. (Robbins Dep. 65:5-16, Sept. 20, 2018, DN 59-5). Robbins determined that the deputy in question was Pennington. (Robbins Dep. 66:15-21). Robbins then spoke with Boyle County's chief deputy and devised a plan to transport Hale back to Marion County and see if Hale brought up the allegations in passing. (Robbins Dep. 67:10-69:4). Hale did not speak about the allegations on that drive, however. (Robbins Dep. 68:25).
Robbins investigated the allegations, eventually deciding to take disciplinary action. (Robbins Dep. 69:25-80:23). On April 6, 2017, the day after Robbins first became aware of the allegations, he sent Pennington a "Notice of Interrogation" directing Pennington to appear on April 12, 2017, for an interview regarding Pennington's relationship with Hale. (Defs.' Mot. Summ. J. Ex. 18, DN 55-19). On April 7, Robbins suspended Pennington without pay. (Defs.' Mot. Summ. J. Ex. 19, DN 55-20). Robbins also contacted the Kentucky State Police to investigate the criminalaspect of Pennington's reported relationship with a prisoner. (Robbins Dep. 87:21-88:11). Instead of participating in the investigation, Pennington resigned from the Boyle County Sheriff's Office on April 12, 2017. (Defs.' Mot. Summ. J. Ex. 20, DN 55-21).
On November 16, 2017, Hale gave birth to a baby girl at Norton Women's and Children's Hospital. (Pl.'s Resp. Def.'s Mot. Summ. J. Ex. A, DN 59-1; Ex. B, DN 59-2). DNA testing revealed that Pennington is the father. (Pl.'s Resp. Def.'s Mot. Summ. J. Ex. D, DN 59-4).
Hale brought this lawsuit...
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