Hoyland v. McMenomy

• Citation: 185 F.Supp.3d 1111
• Decision Date: 05 May 2016
• Docket Number: Case No. 14-cv-2977 (SRN/JSM)
• Parties: Brian Thomas Hoyland, Plaintiff, v. Shawn McMenomy, Henry Cho, Alex Eckstein, and Ryan Coughlin, and the City of Rosemount, Defendants.
• Court: U.S. District Court — District of Minnesota

185 F.Supp.3d 1111

Brian Thomas Hoyland, Plaintiff,

v.Shawn McMenomy, Henry Cho, Alex Eckstein, and Ryan Coughlin, and the City of Rosemount, Defendants.

Case No. 14-cv-2977 (SRN/JSM)

United States District Court, D. Minnesota.

Signed May 5, 2016

Frederick J. Goetz, Goetz & Eckland PA, 615 1st Ave. NE, Ste. 425, Minneapolis, MN 55413, for Plaintiff.

Brian P. Taylor, Jason M. Hiveley, Jon K. Iverson, Iverson Reuvers Condon, 9321 Ensign Ave. S, Bloomington, MN 55438, for Defendants.

MEMORANDUM OPINION AND ORDER

SUSAN RICHARD NELSON, United States District Judge

This matter is before the Court on Plaintiff Brian Hoyland's Motion for Partial Summary Judgment ("Pl.'s Mot.") [Doc. No. 22] and Defendants' Motion for Summary Judgment ("Defs.' Mot.") [Doc. No. 16]. A hearing on these Motions was held on December 11, 2015 at which time the Court made certain rulings and took the remaining portions of the Motions under advisement.¹ (See Court Minutes dated 12/11/2015 [Doc. No. 42].) This Order memorializes the Court's prior rulings and resolves the outstanding Motions. For the reasons set forth below, Plaintiff's Motion is denied and Defendants' Motion is granted in part and denied in part.

I. INTRODUCTION

This suit stems from the arrest of Plaintiff Brian Hoyland ("Hoyland") by Rosemount police officers Shawn McMenomy ("McMenomy"), Henry Cho ("Cho"), Alex Eckstein ("Eckstein"), and Ryan Coughlin ("Coughlin") (collectively, "the Officers") on May 8, 2013. Some of this incident was captured on video. Although many material facts are undisputed, some material facts remain in dispute. Moreover, the parties' perceptions of the events are quite different. A jury must resolve these disputes, precluding summary judgment on most of Hoyland's claims.

II. BACKGROUND

A. The Traffic Incident

In the early morning hours of May 8, 2013, Rosemount police received a report of exhibition driving (i.e., drag racing). (Aff. of Frederick J. Goetz ("Goetz Aff.") [Doc. No. 25], Ex. 4 ("McMenomy Depo.") at 39 [Doc. No. 25-4].² ) Officers McMenomy and Eckstein responded to the scene in separate squad cars and observed a late model Corvette leaving the area. (See McMenomy Depo. at 43; Goetz Aff., Ex. 6 ("Eckstein Depo.") at 25-27 [Doc. No. 25-6].) Both Officers followed the Corvette and McMenomy ran the vehicle's license plate. (McMenomy Depo. at 41; Eckstein Depo. at 28.) McMenomy discovered the vehicle was registered to a Mark Illetschko ("Illetschko"). (McMenomy Depo. at 46.) Illetschko did not have any outstanding warrants. (Id.) Illetschko was in fact the driver of the Corvette that night. (Goetz Aff., Ex. 9 ("Illetschko Depo.") at 13 [Doc. No. 25-9].)

After following the Corvette for a short distance, McMenomy observed its tires "partially" cross the center dividing line. (McMenomy Depo. at 48.) McMenomy activated his emergency lights to initiate a traffic stop, but the vehicle did not immediately stop and instead turned left into a residential neighborhood. (Id. at 48-49; see Goetz Aff., Ex. 1 ("Dashboard Videos"), McMenomy at 1:43:27-33³ .) McMenomy sounded his siren several times, but the vehicle failed to stop and instead made another left hand turn. (McMenomy Depo. at 49; see Dashboard Videos, McMenomy at 1:43:33-47.) McMenomy claims that he witnessed the vehicle "visibly accelerate" and "determined that the vehicle was fleeing from [him]," at which point he turned on his siren and "continued to give chase." (McMenomy Depo. at 49-50; see Dashboard Videos, McMenomy at 1:43:44-1:44:03.) However, within seconds, the vehicle pulled into the driveway of a house⁴ and stopped. (McMenomy Depo. at 50; see Dashboard Videos, McMenomy at 1:44:03-07.) The entire chase, from the time McMenomy activated his emergency lights until the vehicle stopped in the driveway, lasted approximately 40 seconds, covered about a quarter of a mile, and never exceeded 40 miles per hour. (See Dashboard Videos, McMenomy at 1:43:27-1:44:07; McMenomy Depo. at 50.)

B. The Arrest

Shortly after coming to a stop, Illetschko attempted to exit the vehicle. (McMenomy Depo. at 51.) McMenomy parked his squad car partially in the driveway, drew his service weapon, pointed it at Illetschko, and ordered Illetschko to remain in the vehicle, and Illetschko complied. (McMenomy Depo. at 50-51; see Dashboard Videos, McMenomy at 1:44:13-1:45:32.) At this same time, Officer Eckstein arrived on the scene and drew his service weapon, pointing it at the vehicle. (See Eckstein Depo. at 32.)

McMenomy gave Illetschko a series of commands (e.g., to put his hands up, to exit the vehicle, to walk backwards towards the squad cars, etc.) all of which Illetschko obeyed. (See McMenomy Depo. at 52; Eckstein Depo. at 33; Dashboard Videos, McMenomy at 1:44:13-1:45:32.) At no time did Illetschko resist, attempt to flee, or disobey the Officers' commands. (See McMenomy Depo. at 52; Eckstein Depo. at 33.) At about this same time, Officer Coughlin and then Sergeant Cho arrived on the scene. (Goetz Aff., Ex. 5 ("Cho Depo.") at 51-52 [Doc. No. 25-5], Ex. 7 ("Coughlin Depo.") at 47 [Doc. No. 25-7]; see Dashboard Videos, Coughlin at 00:46:27-00:47:00.) Officer Coughlin took Illetschko into custody, searched him, handcuffed him, and placed him in the back of a squad car, all without incident.⁵

(Coughlin Depo. at 47-48; Cho Depo. at 53-54; see Dashboard Videos, Coughlin at 00:46:27-00:48:21.)

Christina Hoyland ("Christina"), Plaintiff Hoyland's wife, was a passenger in the Corvette. (Goetz Aff., Ex. 8 ("C. Hoyland Depo.") at 6, 11-16.) The Officers ordered Christina to keep her hands in the air and exit the vehicle. (See McMenomy Depo. at 56; Eckstein Depo. at 34; Coughlin Depo. at 53; Cho Depo. at 54-55; Dashboard Videos, McMenomy at 1:47:15-26, Coughlin at 00:46:27-00:47:25.) The parties dispute how compliant Christina was with the Officers' commands. (See McMenomy Depo. at 56-57 (describing Christina as initially non-compliant and yelling profanities, but stating that she eventually put her hands in the air and became compliant); Eckstein Depo. at 34-35 (describing Christina as using profanities, but being compliant for the most part); Coughlin Depo. at 53-54, 67-68; Cho Depo. at 54-55; C. Hoyland Depo. at 15-16, 18-19 (describing herself as compliant with the Officers' commands to keep her hands up, but admitting to directing profanity at them).) The video evidence shows that Christina by-and-large followed the Officers' commands, but did direct verbal criticism—including profanity—at them in the process. (See Dashboard Videos, McMenomy at 1:47:15-1:48:00, Coughlin at 00:46:27-00:48:09.) Christina was trying, at least in part, to communicate that she was physically disabled⁶ in a way that prevented her from walking backwards in accordance with the Officers' commands. (C. Hoyland Depo. at 16-17; see Eckstein Depo. at 38 (describing Christina saying she was unable to walk backwards).) During this time, Eckstein noticed Hoyland briefly peer out of a window in the house. (Eckstein Depo. at 35-36; Goetz Aff., Ex. 3 ("B. Hoyland Depo.") at 50 [Doc. No. 25-3].)

Hoyland was awoken by the commotion and after observing police officers outside the front of his house, he moved his children into his bedroom at the back of the house. (B. Hoyland Depo. at 49-51.) Hoyland then retrieved his cellphone with the intent of filming the incident for "protection" because he feared for his family's safety. (See id. at 52-53.) He initially planned to record the incident from inside, but grew concerned for his wife's safety when he believed he heard the Officers use the word "shoot" or "shooting." (See id. at 54-55.) Hoyland claims he went outside to inform the Officers that his wife had a physical disability that prevented her from complying with their commands. (Id. at 56-57.)

Hoyland turned on his porch light and opened the front door holding his cellphone, which was recording, in front of him. (See B. Hoyland Depo. at 56; McMenomy Depo. at 65-67; Eckstein Depo. at 36-37; Goetz Aff., Ex. 2 ("Cellphone Video") at 00:00-12⁷ .) Hoyland was approximately 30-40 feet away from the Officers, the vehicle, and Christina, standing in his doorway or just outside the doorway. (B. Hoyland Depo. at 58; McMenomy Depo. at 66.) All four Officers briefly shifted their attention to Hoyland when he emerged. (See B. Hoyland Depo. at 58 (describing the Officers turning and pointing their weapons at him); McMenomy Depo. at 66-67; Cho Depo. at 55-56; Eckstein Depo. at 40 (describing how he "very briefly" shifted his attention to Hoyland, but then returned to focusing on Christina); Coughlin Depo. at 49-51, 55-56 (describing noticing Hoyland in his peripheral vision, but focusing on Christina).) Some of the Officers allege that they could not immediately tell what was in Hoyland's hand(s) and worried it might be a weapon. (Cho Depo. at 68-69 (describing his fear that the object might be a weapon); McMenomy Depo. at 66-67, 81 (describing being initially unsure what the object was, but suspecting it was a cellphone or video camera within seconds).) However, within seconds of Hoyland emerging, one of the Officers repeatedly yelled, "Drop the camera!"⁸ (Dashboard Videos, Coughlin at 00:47:30-40; Cellphone Video at 00:28-34.)

McMenomy shouted to Hoyland to go back inside the house. (McMenomy Depo. at 70; see Cellphone Video at 00:12-19.) He claims that initially this instruction was a suggestion and not an order. (McMenomy Depo. at 90.) Hoyland remained in the doorway and shouted statements like, "You are on my lawn!" and "What is this, a DWI stop, and you guys are doing this? Are you kidding me?" (Cellphone Video at 00:20-28.) Out of concern for his wife, he also shouted to the Officers that his wife was handicapped and demanded that they do their jobs "the right way." (Id. at 00:28-34.)

Because Hoyland did not go back inside his home, McMenomy ordered Hoyland to "stay inside."⁹ (See McMenomy Depo. at 91-92.) When Hoyland did not comply with McMenomy's order(s), "the arrest...