Hobart v. City of Stafford

• Decision Date: 29 April 2011
• Docket Number: Civil Action No. 4:09–cv–3332.
• Citation: 43 NDLR P 46,784 F.Supp.2d 732
• Parties: Steve HOBART, et al., Plaintiffs,v.CITY OF STAFFORD, et al., Defendants.
• Court: U.S. District Court — Southern District of Texas

784 F.Supp.2d 732

43 NDLR P 46

Steve HOBART, et al., Plaintiffs,

v.CITY OF STAFFORD, et al., Defendants.

Civil Action No. 4:09–cv–3332.

United States District Court, S.D. Texas, Houston Division.

April 29, 2011.

James C. Harrington, Texas Civil Rights Project, Austin, TX, Susan E. Hutchison, Foreman Lewis & Hutchison PC, Grapevine, TX, for Plaintiffs.William Scott Helfand, Norman Ray Giles, Chamberlain Hrdlicka et al., Houston, TX, for Defendants.

MEMORANDUM AND ORDER

KEITH P. ELLISON, District Judge.

Pending before the Court is the Motion for Summary Judgment (Doc. No. 32) filed by Defendants City of Stafford (“Stafford”), Jesus Estrada (“Officer Estrada”), and Bonny Krahn (“Chief Krahn”) (collectively, “Defendants”); the Motion to Dismiss Plaintiffs' First Amended Complaint (Doc. No. 61) filed by Defendants Stafford and Chief Krahn; and the Motions to Quash Deposition Notices and for Protection from Improper Discovery (Doc. Nos. 46–51, 53) filed by non-parties Stafford City Council (the “Council”), various city council members, and Stafford Mayor Leonard Scarcella (collectively, “Movants”). After considering the parties' arguments and the applicable law, the Court finds that the Motion for Summary Judgment should be granted in part and denied in part, that the Motion to Dismiss should be denied; and that the Motions to Quash Deposition Notices should be denied.¹

I. FACTUAL BACKGROUND

This lawsuit arises from the death of Aaron Hobart (“Aaron”), son of Plaintiffs Steve and Pam Hobart (individually, “Mr. Hobart” and “Ms. Hobart”; collectively, “the Hobarts” or “Plaintiffs”). Aaron suffered from a schizoaffective disorder, which resulted in delusions. (Pls.' Ex. 24, Moreland Decl.) Aaron's mental health was deteriorating in the days, weeks, and months leading up to February 18, 2009. For example, on August 25, 2007, Aaron was arrested for reckless driving, and the arresting officer believed that Aaron was “experiencing a mental health crisis.” (Defs.' Ex. 6, Texas Department of Public Safety Offense Report, at 1–2.) When the Hobarts went to visit Aaron in jail, he spoke in an alternate voice—which Mr. Hobart described as “hoarse, whispered,” and “raspy”—and claimed that “he knew all the secrets of the universe,” while other people were “all just ignorant.” (Defs.' Ex. 18, Pls.' Ex. 5, Steve Hobart Dep., May 20, 2010, at 24, 29–30, 35–36.) ² After being transferred temporarily to a mental health facility, Aaron was prescribed medication for his schizoaffective disorder and released on September 13, 2007. ( See Defs.' Ex. 19, Pam Hobart Dep., March 23, 2010, at 235, 237.)

Aaron was examined by three doctors during 2008, including two visits with the third, Dr. C. Scott Moreland, a psychiatrist. (Defs.' Ex. 9, 10, 11, Medical Records.) Aaron did not visit Dr. Moreland after September 11, 2008, and Dr. Moreland's records indicate that, contrary to Dr. Moreland's orders, Aaron had stopped taking his Abilify medication in November 2008. (Defs.' Ex. 9, at 178–79.) ³ On February 16, 2009, Mrs. Hobart called Dr. Moreland's office to request an immediate appointment, and they scheduled an appointment for February 18, the next available slot. ( Id.) Mrs. Hobart said at that time that Aaron was not posing a danger to himself or to others. ( Id.) Someone from Dr. Moreland's office instructed Mrs. Hobart to call him if there was any change in Aaron's mental status for an earlier appointment, and that if Aaron became a danger to himself or others to call 911 or take him to the emergency room. ( Id.)

The Events at Issue

On February 18, 2009, Aaron refused to leave his room to go to his doctor's appointment. Mr. Hobart came home from work and joined Aaron in Aaron's room, where he found Aaron speaking “belligerently and abusively” in the same raspy alternate voice. (Steve Hobart Dep., at 20–24.) Mrs. Hobart also called Dr. Moreland, who told her not to press Aaron to attend the appointment that day so that Aaron could calm down. (Defs.' Ex. 9, at 183.) Dr. Moreland also sent a follow-up email to Mrs. Hobart giving her instructions on how to administer Aaron's medication, and providing information from the Houston Crisis Intervention Team (“CIT”) website regarding how to request emergency help. ( Id. at 184–85.) The information stated that the CIT program “educates patrol officers about mental illness and tactics and techniques to help verbally de-escalate situations involving individuals in serious mental health crises,” that one should call for a CIT officer “[w]hen the situation involves a person in a serious mental health crisis,” and that, if the situation is an emergency, one should call 911 and request a CIT officer. ( Id.) It also noted that “If the person is mentally ill and poses a substantial risk of imminent harm to self or others, Texas Peace officers have the authority to take the individual to a facility for an emergency mental health evaluation, even if the person is involuntary. The officer may use whatever force he needs to get the individual to the facility for evaluation.” ( Id.)

Based on the instructions in Dr. Moreland's email, Mrs. Hobart called 911 and requested a “CIT officer.” (Pls.' Ex. 9, Dispatch Transcript, at 1.) She told the 911 operator, “I have a son that needs to be taken,” that he was “becoming ... very violent,” and that he was “deteriorate” [sic] and “becoming delusional,” but that “he's not hurting anyone,” and “needs to be in a hospital” and “needs medication.” ( Id.) The operator informed her that an officer would come to the Hobarts' home. ( Id.) A few minutes later, a man from the Stafford Police Department (“SPD”) called Mrs. Hobart twice with some questions, and Mrs. Hobart informed him that Aaron was “becoming more and more belligerent” but that he did not have any weapons in his room and that he was not “under the influence.” ( Id. at 2–3.) Officers Garcia and Claunch from the SPD were the primary officers dispatched on the call, but Officer Estrada was the first to arrive at the Hobarts' home. (Pls.' Ex. 3, Jesus Estrada Dep., June 3, 2010, at 176–78.)

Officer Estrada testified that, prior to arriving at the home, he was aware that Aaron was hallucinating, but did not know if Aaron was mentally ill or was simply under the influence of drugs. ( Id. at 138.) Officer Estrada also testified that he believed dispatch had informed him that Aaron did not have a weapon. ( Id. at 179.) SPD Sergeant Dustin Claborn (“Sgt. Claborn”) testified that Officer Estrada asked dispatch to ask Mrs. Hobart to step outside to talk to him when he arrived. (Pls.' Ex. 2, Dustin Claborn Dep., June 4, 2010, at 126.) However, it is undisputed that when Officer Estrada arrived, Mrs. Hobart let him into the house. ( See id. at 128.) Sgt. Claborn also testified that Officer Estrada did not attempt to learn where Aaron was located or whether he was trying to hurt himself or others. ( Id. at 127–30.)

The video camera in Officer Estrada's car was running during the events at issue in this case, and both sides have provided that footage as an exhibit. The video shows Officer Estrada enter the Hobarts' home by himself at approximately 15:07:59 on the video's clock. For a period of time only the front yard is visible, with audio from inside the home captured on Officer Estrada's microphone. Immediately after he enters the home, one can hear Officer Estrada conversing with Mrs. Hobart. At approximately 15:08:15, one can hear noises, and Officer Estrada shouts, “Stop!” and “Get back!” several times. At approximately 15:08:20, one can hear gunshots. Officer Estrada then begins shouting, “Goddamnit!” “Shots fired!” and “Oh my god!” and Mrs. Hobart begins screaming loudly. The video then shows two other SPD officers arriving in the house at approximately 15:08:43. They accompany Officer Estrada onto the lawn, where he kneels down with his head on the ground sobbing, and remains panicked during the next seven minutes of video and audio, repeatedly saying, “Oh my god,” crying, and stating that he cannot catch his breath.⁴

According to Officer Estrada's testimony, the following occurred in the house: When he first entered, he thought that everything seemed quiet and normal, and “perceived ... that either the disturbance was over or there was no disturbance.” (Estrada Dep., at 208–11, 224–25.) Mrs. Hobart let him in, and the two spoke inside the house. ( Id. at 209–10.) Officer Estrada then began walking down the hall, at which point Mrs. Hobart pointed town the hall, and Officer Estrada saw Aaron, approximately 30 feet away. ( Id. at 224–30, 236.) Aaron was in a bedroom, and at first he was facing away from Officer Estrada, not yelling, screaming, or causing a disturbance. ( Id. at 228.) Aaron then turned and saw Officer Estrada for the first time, at which point he loudly “roared,” brought his arms up “from down low to—up to his waist,” and began to charge at Officer Estrada. ( Id. at 228–36.) At that point, Officer Estrada, who was approximately five feet away from the front door of the house, “took a step back trying to back away from him” because he believed Aaron was “going to come at” him. ( Id. at 233–36.) However, Officer Estrada was unable to get out of Aaron's way or to back out of the house because Aaron traveled the entire length of the hallway and began “attacking” Officer Estrada. ( Id.) Officer Estrada remembers in those moments “hearing and feeling [ ] thumps on [his] head” that he attributes to “being punched” on the left side of his face and head. ( Id. at 252–60.) ⁵ Officer Estrada attempted to pull out his baton but was unable to because it got stuck in its holster, and was also unable to use his spray or to operate his police radio. ( Id. at 237–41.) He testified that Aaron hit him to the point where Officer Estrada became “disoriented,” began “seeing stars” and “darkness” coming into his vision, and thought he was “fixing to be knocked out.” ( Id. at 257–64.) He then heard the...