Harris v. City of Montgomery
| Docket Number | 2:21-CV-799-WKW [WO] |
| Decision Date | 24 May 2023 |
| Parties | TIDERA HARRIS, Plaintiff, v. THE CITY OF MONTGOMERY, a municipal corporation, and GREGORY HARVEY, in his individual capacity, Defendants. |
| Court | U.S. District Court — Middle District of Alabama |
On October 17, 2021, Montgomery Police Officers Gregory Harvey and Rene Helton were dispatched to the home of Chimeka Minefield-Tidera Harris's fiance. Per dispatch, Officer Harvey was informed that a domestic violence incident was happening at Ms. Minefield's home, that Mr. Harris was there, and that there potentially were warrants out for Mr Harris's arrest.
Once there, Officer Harvey repeatedly asked Mr. Harris to step outside so that he could ask him some questions about what was going on. Instead of following Officer Harvey's request, Mr. Harris walked through the house twice, stooping down and rummaging through different belongings. Finally, Mr Harris complied with Officer Harvey's request and stepped outside.
Once outside, Mr. Harris told Officer Harvey that there had been a misunderstanding between him and Ms. Minefield about his housing situation but that no physical violence had occurred. After giving Officer Harvey his name and birthdate, Mr. Harris lifted his cellphone to his ear and took a call. He then started walking toward his Dodge Charger, which was parked in the driveway. As he rounded the back of the car, he ran toward the driver's side door. In these few seconds, Officer Harvey yelled “Hey, hey, no. Hey, dawg.”[1]Mr. Harris opened the driver's side door and began to sit down in the driver's seat. And at that moment Officer Harvey shot three times, hitting Mr. Harris once in the back and once in the shoulder.
Mr. Harris sued Officer Harvey and the City of Montgomery claiming (1) that Officer Harvey committed an unlawful assault and battery under state law, (2) that Officer Harvey violated his Fourth Amendment rights, under 42 U.S.C. § 1983, to be free from excessive force, (3) that the City of Montgomery was liable under Monell,[2]and (4) that Officer Harvey was negligent and/or wanton under state law. Defendants moved for summary judgment (Doc. # 52); Plaintiff responded (Doc. # 61); and Defendants replied (Doc. # 66). For the reasons discussed below, Defendants' motion for summary judgment will be granted in part and denied in part.
The court exercises subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331, 1367. Personal jurisdiction and venue are uncontested.[3]
To succeed on a motion for summary judgment, the moving party must demonstrate 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). The court views the evidence, and all reasonable inferences drawn therefrom, in the light most favorable to the nonmoving party. Jean-Baptiste v. Gutierrez, 627 F.3d 816, 820 (11th Cir. 2010).
The party moving for summary judgment “always bears the initial responsibility of informing the district court of the basis for the motion.” Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). This responsibility includes identifying the portions of the record illustrating the absence of a genuine dispute of material fact. Id. Alternatively, a movant without a trial burden of production can assert, without citing the record, that the nonmoving party “cannot produce admissible evidence to support” a material fact. Fed.R.Civ.P. 56(c)(1)(B); see also Fed.R.Civ.P. 56 advisory committee note ( ).
If the movant meets its burden, the burden shifts to the nonmoving party to establish-with evidence beyond the pleadings-that a genuine dispute material to each of its claims for relief exists. Celotex Corp., 477 U.S. at 324. A genuine dispute of material fact exists when the nonmoving party produces evidence allowing a reasonable fact finder to return a verdict in its favor. Waddell v. Valley Forge Dental Assocs., Inc., 276 F.3d 1275, 1279 (11th Cir. 2001). “[A]t the summary judgment stage[,] the judge's function 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.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249 (1986).
On October 17, 2021, Officer Gregory Harvey was dispatched to 417 Glade Park Drive, Montgomery, Alabama, on a domestic violence call. (Doc. # 62-1 at 7-8, 10; Doc. # 54-7 at 3.)[4] Officer Rene Helton accompanied Officer Harvey on the call. “Domestic violence . . . calls are some of the most dangerous calls for a police officer.” (Doc. # 54-7 at 2.) Per dispatch, Officer Harvey was informed that Tidera Harris was at the house and that there were possibly warrants out for his arrest. (Doc. # 62-1 at 9; Doc. # 62-2 at 26; Doc. # 54-7 at 3.)[5]Officer Harvey was concerned that “[t]here could be a physical altercation,” and his goal was to “[d]iffuse the situation.” (Doc. # 54-3 at 12-13.) As the officers approached the residence, Officer Harvey “could hear a verbal altercation.” (Doc. # 54-3 at 16.) Officer Harvey opened the porch door and then the door to the house without knocking. (Doc. # 545 at 00:50-00:58.)
Officer Harvey says he entered the house without knocking because he thought he “need[ed] to step in and intervene before things g[o]t worse.” (Doc. # 54-3 at 16.) And he was concerned that, if he had knocked, “it would [have] allow[ed] one of the subjects to grab a gun or to run or to do anything to make the scene unsafe.” (Doc. # 54-3 at 16.) Officer Harvey announced that he was with the Montgomery Police Department. (Doc. # 54-3 at 15; Doc. # 54-5 at 00:59-01:00.)
Once inside the front door, Chimeka Minefield, Tidera Harris's fiance, stepped to the front of the house, invited Officers Harvey and Helton in, told them that (Doc. # 54-3 at 1:04-1:09; Doc. # 64-1 at 2; Doc. # 54-7 at 3.) Officer Harvey asked Ms. Minefield if there were “any weapons inside the house,” and she said there were not. (Doc. # 54-3 at 1:12-1:14; Doc. # 64-1 at 2.)
Mr. Harris stepped to the door and said, (Doc. # 54-5 at 01:15-01:21; Doc. # 64-1 at 3.) Ms. Minefield interrupted and said, “He got warrants for his arrest,” which Mr. Harris denied. (Doc. # 54-5 at 01:21-01:22; Doc. # 64-1 at 3; Doc. # 54-7 at 3.) Officer Harvey asked if Mr. Harris had his I.D., and Officer Helton also asked if Ms. Minefield and Mr. Harris had their I.D.s. (Doc. # 54-5 at 01:23-01:25; Doc. # 64-1 at 3.) Mr. Harris initially said he had his I.D., but when Officer Harvey asked to see it, Mr. Harris said, “I don't have my I.D. on me.” (Doc. # 54-5 at 01:25-01:27; # 64-1 at 3-4.) Ms. Minefield said, (Doc. # 54-5 at 01:27-01:31; Doc. # 64-1 at 4.) Mr. Harris interrupted Ms. Minefield and said, “No, I moved my stuff where the landlord told me.” (Doc. # 54-5 at 01:30; Doc. # 64-1 at 4.)
Mr. Harris then waived his hand toward the door and said, (Doc. # 54-5 at 01:32-01:34; Doc. # 64-1 at 4.) Both Officers asked Ms. Minefield and Mr. Harris to step outside. (Doc. # 54-5 at 01:35-01:38; Doc. # 64-1 at 4.) Ms. Minefield stepped out on the porch. (Doc. # 54-5 at 01:38-01:39; Doc. # 54-7 at 3.) Mr. Harris said, (Doc. # 54-5 at 01:39-01:41; Doc. # 64-1 at 4.) Officer Harvey said, (Doc. # 54-5 at 01:41-01:44; Doc. # 64-1 at 4.)
At that point, Mr. Harris walked through the dining room, through the kitchen, and around to the living room. (Doc. # 54-5 at 01:41-01:51.) The living room was dark, and Mr. Harris bent down to pick something up which made a rattling sound (like keys). (Doc. # 54-5 at 01:50-01:52.) Officer Harvey turned his flashlight on to observe what Mr. Harris was doing. (Doc. # 54-5 at 01:53-01:55; Doc. # 54-3 at 21.)
Officer Helton entered the living room and said to Mr. Harris, “Hey, sir, we just need you to step outside because we don't know if you have got weapons inside the house or whatnot.” (Doc. # 54-5 at 01:56-02:01; Doc. # 64-1 at 5.) Mr. Harris responded, “I got a weapon.” (Doc. # 54-5 at 02:01; Doc. # 64-1 at 5.) Officer Helton responded, (Doc. # 54-5 at 02:02-02:03; Doc. # 64-1 at 5.) Mr. Harris followed Officer Helton through the living room, placing his cellphone in the right pocket of his shorts, and walked toward the front door. (Doc. # 54-5 at 02:04-02:13.)
Just before he reached the front door, his cellphone started to ring. (Doc. # 54-5 at 02:11-02:14.) He turned back from the door, mumbling “I need shoes, man,” and Officer Harvey said, “Just step out on the porch for me dawg.” (Doc. # 54-5 at 02:13-02:15; Doc. # 64-1 at 5.) On the right side of the door, Mr. Harris bent down and started to rummage through shoes and flip flops. (Doc. # 54-5 at 02:15-02:23.) Officer Harvey patted him on the shoulder, gave him a light push, and said, ...
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