Horn v. City of Macon
| Decision Date | 26 August 2016 |
| Docket Number | CIVIL ACTION NO. 5:14-CV-364 (MTT) |
| Parties | DEEANN HORN, Plaintiff, v. CITY OF MACON, et al., Defendants. |
| Court | U.S. District Court — Middle District of Georgia |
Defendants Macon Police Department, Macon-Bibb County,1 Officer William Barron, Officer Jason Bray, and Officer Deborah Taylor have moved for summary judgment on the claims that Plaintiff Deeann Horn has asserted against them. (Doc. 28). The motion is GRANTED in part and DENIED in part.
On October 13, 2012, Horn attended a concert at Central City Park in Macon, Georgia with her ex-husband Kevin Horn, her then 12-year-old daughter, and her then 18-year-old daughter Jennifer. (Docs. 28-1 ¶¶ 3, 7; 30 at 21:15-17, 26:7-8; 49-1 ¶¶ 3, 7). Officers Bray, Taylor, and Barron, who worked for the Macon Police Department, were hired by the concert promoters to assist security and enforce the law at the concert. (Docs. 28-1 ¶¶ 1-2; 49-1 ¶¶ 1-2). According to Bray, the concert "was chaotic"with "anywhere between fifteen to twenty thousand people at this event." (Doc. 43 at 14:10-13).
Horn testified that by the time her family made their way to the stage, "a large crowd ... had already amassed together ...[,] shoulder-to-shoulder." (Doc. 30 at 26:16-18). Then, while watching the concert, "three young ladies [had] come up, and one of the young ladies ... pushed [Horn] into the person in front of [her]," and Horn "pushed her back," after which they exchanged "heated words," including "bitch" and possibly "the F word." (Doc. 30 at 28:13-17, 29:19-30:21). Thereafter, two members of security approached Horn and told her to go with them, but she refused. (Doc. 30 at 34:16-23, 35:16-36:1).
According to Bray and Taylor, security informed them that Horn had pushed and punched another female and that Horn was refusing to leave. (Docs. 43 at 6:13-15, 9:4-8, 12:17-13:5; 44 at 11:7-15). Horn acknowledged that Bray and Taylor were aware a physical altercation had occurred. (Doc. 30 at 62:20-63:2). Bray and Taylor testified that Horn also refused to leave with them and said and then twice said (Docs. 43 at 15:8-15, 26:3-11; 44 at 17:7-10). Bray further described Horn as being uncooperative and "very belligerent," and Taylor also said Horn was "loud and belligerent" and "acting a fool." (Docs. 8-1 ¶ 13; 8-2 ¶ 12; 44 at 38:18-22; 45-1 at 16). Bray stated that while Horn was using profanity, there were "several young—young kids" and "several adults" around, and that "maybe" three kids were under the age of fourteen. (Doc. 43 at 16:16-20, 17:19-18:3). Taylor testified that "probably two or three" children under the age of 12 were around. (Doc. 44 at 25:24-26:1). Kevin Horn testifiedthat "[t]here were men, women, children around ... [o]f all ages and types," and Horn testified that children were around. (Docs. 30 at 31:10-12; 31 at 23:20-24).
While Bray escorted Horn out of the crowd, Taylor, who walked behind them, said Horn consistently pulled her arm away from Bray. (Docs. 43 at 72:3-4; 44 at 17:20-24, 23:9-24:7). Horn denied that she resisted and testified that Bray "dragg[ed her] through the crowd." (Doc. 30 at 37:25-38:6, 44:6-25). When they reached the gate, Bray and Taylor "slung [her] out," according to Horn. (Doc. 30 at 38:25-39:2). Horn stayed at the exit to learn why she was being thrown out. (Doc. 30 at 42:11-17).
Bray testified that he intended to "write her a citation for disorderly conduct" because she used "profane language in front of the kids under fourteen years of age." (Doc. 43 at 21:10-15, 21:24-25:1, 26:3-8). However, before writing the citation, Bray dealt with a patron who had poured beer down his shirt as he removed Horn from the concert. (Docs. 43 at 27:3-16; 45 at 27:2-5). Barron, who was not involved in escorting Horn, was already near the gate and stayed to watch Horn because he "wasn't sure if [Bray] was ... finished with her." (Doc. 45 at 29:10-18, 30:2-5).
As Bray and Taylor were escorting Horn from the concert, two women approached Barron and told him they had been assaulted.2 (Doc. 45 at 59:6-18-61:24, 80:2-13, 84:16-19; 45-1 at 9). One said she had been grabbed around the throat and choked. (Doc. 45 at 80:11-13, 84:16-19). The other "had a bloody nose and [what]looked like some contusions." (Doc. 45 at 80:2-7, 84:16-19). The women explained that this altercation came about "because they were breaking in line, getting closer to the stage [] than the suspect was, and that made [the assailant] mad." (Doc. 45 at 80:13-16, 84:16-19). The women identified Horn as the assailant.3 (Doc. 45 at 80:17-22, 84:16-19).
Horn testified that while she was at the gate, she was upset that no one ever asked her what happened or explained why she "had been drug out of a concert." (Doc. 30 at 39:3-11). Barron said that Horn, who was 10 feet away from him, "was telling [him] to 'fuck off' and 'fuck you' and 'I didn't do a fucking thing" and pointing her finger at him. (Doc. 45 at 26:25-27:1, 30:19-21, 31:11-12, 81:6-11). He also testified that he "didn't know if [Horn] was going to attack [him] when she started throwing the profanities out at [him]" and "walk[ing] toward [him]." (Docs. 8-3 ¶ 16; 45 at 82:21-23, 86:25-87:1). Horn admits that while she cannot remember every word she said, she did use profanity and said "don't y'all want to know what f'ing happened" and "f-u, F this, F that" but stated that she was "25, 30" feet away from Barron. (Doc. 30 at 40:10-20, 41:14-20, 67:15-16). Taylor was also in the area but testified that she did not recall hearing Horn use any profanity while she was yelling from the gate. (Docs. 30 at 40:25-41:4; 44 at 71:12-14).
There is conflicting evidence about whether people in the general public were nearby as Horn shouted profanity after she had been escorted out. Horn testified that Kevin Horn and her 12-year-old daughter were present. (Doc. 30 at 41:14-42:1, 42:20-43:1). While Barron testified by affidavit that Horn "loudly yell[ed] profanity in thepresence of minors and the general public," he admitted in his deposition that he did not hear her use profanity in the presence of a child under 14 and could not identify any children between them. (Docs. 8-3 ¶ 17; 45 at 31:23-32:4, 72:25-73:2). He also stated that he could not identify "any other persons ... in the area when [Horn] was standing there," that no one was between them, and that he did not see her ex-husband or her 12-year-old daughter. (Doc. 45 at 31:18-22, 32:5-12). He gave no other description about the people around them.
In the Internal Affairs interview, Barron stated that as a result of her cussing and pointing at him, he "went and placed ... Horn into custody for disorderly conduct [and] grabbed her left arm." (Docs. 45 at 81:12-14, 84:3-5; 45-1 at 10). Barron testified he was initially unable to place her in handcuffs because "[s]he jerked away and started walking away from [him]," and she got 14-15 feet away from him before he was able to grab her arm again and take her to the ground. (Doc. 45 at 35:14-20, 36:17-25). Taylor told Internal Affairs that she saw Horn "actively resisting" Barron and testified that she saw Horn "intentionally br[eak] out of his hold so she could walk in the opposite direction." (Docs. 44 at 39:5-13, 47 at 8-14; 45-1 at 17). Also, Horn's older daughter said in an Internal Affairs interview that Horn "snatched back or moved back from him" when Barron "put his hands on" Horn, and her 12-year-old daughter said Horn "hit back" after Barron "put his hands on" her and "kind of pushed her." (Doc. 32 at 12, 15).
Horn denied that she resisted Barron or pulled away; rather, "when he grabbed [her] arm, [she] pulled toward [herself], asking him why he was putting his hands on [her]." (Doc. 30 at 43:16-44:1, 64:11-17). Then, according to Horn, "when he grabbed [her] by [her] left arm again, [she] was thrown on the ground" and "hit the ground ...[v]ery hard." (Doc. 30 at 43:9-13, 45:4-5). She stated that she "literally bounced off the pavement and hit the pavement again." (Doc. 30 at 49:2-3). Horn testified that her arm broke as a result of being thrown to the ground, and she later received surgery. (Docs. 28-1 ¶ 67; 30 at 45:12-14; 49-1 ¶ 67).
Seeing Horn being taken to the ground, Kevin Horn got on Barron's back. (Docs. 32 at 45:17-46:4; 43 at 30:12-14, 31:20-24; 44 at 39:20-22). Bray and Taylor were able to apprehend Kevin, and then Barron handcuffed Horn in front of her body because she said her arm was dislocated. (Docs. 30 at 63:7-11; 43 at 35:18; 44 at 60:12-19; 45 at 66:18-67:1 81:19-22; 49-1 ¶¶ 59-60). Bray wrote a disorderly conduct citation for Horn, and then he and Taylor escorted her to jail. (Docs. 43 at 37:2-8; 45 at 56:11-22). Later that night, Barron wrote another disorderly conduct citation for Horn. (Docs. 28-1 ¶ 62; 49-1 ¶ 62).
The evidence is inconsistent as to whether Horn's use of profanity was the only basis for Horn's arrest or whether the physical altercation in the crowd also factored into the Defendants' decision to arrest her. In his affidavit, Barron stated that Horn was arrested for assaulting the two females, but then testified in his deposition that Horn had not done anything else that was a criminal offense, that he only arrested her because she directed profanity at him, and that the two citations were for the profanity towards him and her profanity around children under 14. (Docs. 8-3 ¶ 25; 45 at 38:1-5, 87:21-24, 70:3-22, 72:15-24). Taylor also stated in her affidavit that Horn was arrested because of her "verbal and physical assault" of a concert attendee in addition to her "use of profanity by yelling in a large crowd that included minor children." (Doc. 8-2 ¶ 17). However, Bray testified that Horn's use of profanity around children under 14 wasthe only reason he wrote the citations. (Docs. 43 at 21:12-22:1, 51:11-19, 37:2-11, 74:7-9, 83:8-11).
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