Hunt v. City of Toledo Law Dep't

• Citation: 881 F.Supp.2d 854
• Decision Date: 30 July 2012
• Docket Number: Case No. 3:10 CV 2896.
• Parties: Michael HUNT, et al., Plaintiffs, v. CITY OF TOLEDO LAW DEPARTMENT, et al., Defendants.
• Court: United States District Courts. 6th Circuit. United States District Court of Northern District of Ohio

881 F.Supp.2d 854

Michael HUNT, et al., Plaintiffs,

v.CITY OF TOLEDO LAW DEPARTMENT, et al., Defendants.

Case No. 3:10 CV 2896.

United States District Court,

N.D. Ohio,

Western Division.

July 30, 2012.

Lafe E. Tolliver, Toledo, OH, for Plaintiffs.

Merritt W. Green, III, City of Toledo Department of Law, Toledo, OH, for Defendants.

Memorandum Decision and Order

VERNELIS K. ARMSTRONG, United States Magistrate Judge.

The parties have consented to the Magistrate's jurisdiction in this civil rights case filed pursuant to 42 U.S.C. § 1983. Pending are Defendants' Motion for Summary Judgment (Docket No. 28), Plaintiffs' Opposition (Docket No. 36) and Defendants' Reply (Docket No. 39). For the reasons that follow, the undersigned Grants Defendants' Motion for Summary Judgment but retains jurisdiction over Plaintiffs' Excessive Force Claim.

I. Jurisdiction

This Court has jurisdiction over the subject matter and the parties pursuant to 28 U.S.C. §§ 1331, 1343.

II. Parties.

(1) Plaintiff Michael Hunt at all times relevant to these proceedings, was an adult male citizen of the United States, residing at 2082 North 12th Street, City of Toledo, County of Lucas, State of Ohio 43620.

(2) Plaintiff Janet Hunt at all times relevant to these proceedings, was an adult female citizen of the United States, residingat 2082 North 12th Street, City of Toledo, County of Lucas, State of Ohio 43620.

(3) Defendant City of Toledo is a municipal entity in the State of Ohio, which engages and employs police officers.¹

(4) Defendant Officers John Does, City of Toledo, are various unnamed law enforcement officers engaged or employed by the City of Toledo, Department of Police

(5) Defendant Detective Eric Sweat is a police/law enforcement officer detective engaged or employed by the City of Toledo, Department of Police.

III. Procedural Background.

On December 10, 2010, the above named Plaintiffs filed their Complaint with Jury Demand in the Lucas County Court of Common Pleas, Civil Division, Lucas County, Ohio, Case NO. CI 02010 08269, alleging deprivation of civil rights under 42 U.S.C. § 1983. (Docket No. 1). On December 22, 2010, Defendants filed a Notice of Removal pursuant to 28 U.S.C. § 1441, alleging federal question as the basis of jurisdiction. (Docket No. 1). On February 25, 2011, Defendants filed their Answer to Plaintiffs' Complaint with a Jury Demand (Docket No. 7).

On March 7, 2011, pursuant to 28 U.S.C. § 636(c) and Fed.R.Civ.P. 73, U.S. District Court Judge David A. Katz issued an Order of reference, pursuant to the parties' consent, transferring this case to the undersigned for all further proceedings and entry of judgment (Docket No. 11).

On January 18, 2012, prior to the issuance of this Court's Order on Defendant's Motion for Protective Order,² Defendants filed a Motion for Summary Judgment (Docket No. 28). On April 12, 2012 Plaintiffs filed an Opposition, and on May 7, 2012 Defendants filed a Reply (Docket No. 36 and 40, respectively)

The is case is presently before this Court on the matters raised in Defendants' Motion for Summary Judgment.

IV. Factual Background.

Set forth below is a general narrative of the events that gave rise to this case

• During the evening of March 24, 2010, approximately six members of the City of Toledo Department of Police, in furtherance of the execution of a Search Warrant, entered premises located at 2082 North 12th Street, Toledo, Ohio. (Docket No. 1, 3, Docket No. 28, Attachment No. 1, Sweat Affidavit). This action (raid) was undertaken pursuant to an ongoing investigation of the alleged sale of crack cocaine by a person named Gabrial Taylor, an alleged drug dealer (Docket No. 1, Attachment No 1, Complaint; Docket No. 28, Attachment No. 1, Sweat Affidavit; Docket No. 36, Attachment No. 8, Sweat Deposition, 17–18).

• Plaintiffs Michael Hunt and Janet Hunt resided in, and were occupying, the North 12th premises at the time of the above referenced raid. (Docket No. 1, 3).

• Approximately one month prior to the raid of the North 12th Street location, a Confidential Informant allegedly told Toledo Police Detective Eric Sweat that he/she had observed Gabrial Taylor selling crack cocaine from an apartment, purportedly claimed to have been 2082 N. 12th Street (Docket No. 28, Attachment No. 1, Affidavit of Sweat).

• Upon receiving this information Detective Sweat, assisted by Sergeant Steven Harrison, commenced surveillance of what they claimed was this location. Detective Sweat alone or with Detective Harrison surveilled what they claimed was this location on several occasions (Docket No. 36, Attachment No. 8, Sweat Deposition. at pp. 18, 21; Docket No. 28, Attachment No. 1, Sweat Affidavit; Docket No. 18, Attachment No. 1, Sweat Affidavit for Search Warrant; Docket No. 36, Attachment No. 7, Harrison Deposition, 13–17).

• On March 22, 2010, two days before the raid, Det. Sweat orchestrated a controlled buy of crack cocaine from a location that he stated was 2082 N. 12th Street, utilizing his Confidential Informant to purchase the contraband (Docket No. 28, Attachment No. 1, Sweat Affidavit; Docket No. 28, Attachment No. 7, Crime Report). Pursuant to a drug field test performed immediately after the controlled buy, the substance purchased by the CI was determined to be cocaine, thereby confirming the Detective's belief that criminal activity was occurring in the residence from which the substance was purchased, which apartment Detective Sweat believed to be 2082 N. 12th Street, i.e., Plaintiffs' apartment. (Docket No. 36, Attachment No. 8, Sweat Deposition, 14, 38; Docket No. 28, Attachment No. 1, Sweat Affidavit; Docket No. 18, Attachment No. 1, Sweat Affidavit for Search Warrant). Detective Sweat's CI also advised Det. Sweat that, while he was inside the apartment making the buy, he had observed a gun in the apartment. (Docket No. 36, Attachment No. 8, Sweat Deposition, 14, 38; Docket No. 28, Attachment No. 1, Sweat Affidavit; Docket No. 18, Attachment No. 1, Sweat Affidavit for Search Warrant).

• On March 24, 2010, Det. Sweat applied to the Toledo Municipal Court for a “night season no-knock” search warrant, supported by his affidavit, of the Plaintiffs' apartment located at 2082 N. 12th Street, the location Det. Sweat believed to have been the site of on going criminal activity (Docket No. 36, Attachment No. 8, Sweat Deposition, 36; Docket No. 28, Attachment No. 1, Sweat Affidavit; Docket No. 18, Attachment No. 1, Sweat Affidavit for Search Warrant). On that date, a Toledo Municipal Court Judge issued the search warrant (Docket No. 18, Attachment No. 1 Sweat Affidavit for Search Warrant, Attachment No. 2, Search Warrant).

• At approximately 9:45 P.M. on March 24, 2010, Det. Sweat along with about a half a dozen members of the Toledo Police Department's Directed Patrol unit executed the Search Warrant and conducted a search of Plaintiffs' apartment. The unit made a forced entry of Plaintiffs' apartment, secured the premises and the Plaintiffs and conducted a search of Plaintiffs' apartment. (Docket No. 28, Attachment No. 1, Sweat Affidavit). The search uncovered a small amount of marijuana, rolling papers, a marijuana joint, baggies and marijuana stems, a loaded 22 caliber handgun and rounds of ammunition. All items were seized as evidence. (Docket No. 28, Attachment No. 1, Sweat Affidavit and Attachment No. 3, Crime Report, and Attachment No. 6, Inventory and Receipt).

• No crack cocaine, drug purchases activities or other items or materials indicative of illegal crack cocaine procession or distribution activities as referenced in the Search Warrant were observed by law enforcementin or about the premises during or after the raid. (Docket No. 18, 5, 6, 11).

• Plaintiffs were handcuffed, arrested and charged with possession of marijuana, and obstructing official business. (Docket No. 28, Attachment No. 1, Sweat Affidavit E. Sweat and Attachment No. 7, Crime Report), the former charge being dismissed with court costs and fine only. (Docket No. 18, 5, 14). The handgun seized by the Toledo Police Department during the raid was eventually returned to Plaintiffs (Docket No. 11). On August 27, 2010, both Plaintiffs Michael and Janet Hunt plead no contest to the obstruction charges and were found guilty of obstructing official business by a Toledo Municipal Court Judge (Docket No. 28, Attachment No. 1, Sweat Affidavit and Attachment No. 8 Journal Details).

Below are additional alleged facts relevant to the various claims raised on summary judgment.

Complaint, pp. 1–9, Docket No. 1, Attachments # 1 (filed with removal 12/22/2010). Lucas Co. CCP, case number CI10–8239 (December 10, 2010): • Gabrial Taylor never resided in 2082 N. 12th Street, and Plaintiffs Hunts do not know him p. 3 (¶ 3) • Defendants threatened and assaulted and intimidated and frightened Plaintiffs without just cause, p. 3 (¶ 5) • Defendants verbally harassed Plaintiffs with threats of jail and bodily violence if they challenged Defendants. p. 4, (¶ 7) • Defendants severely and forcibly handcuffed the Plaintiffs, including injuring the wrists of Mr. Hunt and caused him to shed blood. p. 4, (¶ 8) • The actual location of the illegal activity was 2080 N. 12 St. p. 5, ¶ 12 • As of the time of the raid, Plaintiffs had resided in 2082 North 12th Street for 21 years and there had been no complaints, but the lease at 2080 North 12th Street was not renewed and there had been police calls to and about North 12th Street p. 5 ¶ 12a • police had prior knowledge that the pending raid was tainted, p. 5, ¶ 14 • “That police officers did engage in physical acts against the Plaintiffs wherein excessive force was used against the Plaintiffs by the officers to subdue the Plaintiffs including displaying and brandishing guns accompanied with dire threats of their usage against the Plaintiffs.” p. 6, ¶ 16

Deposition of Detective Eric Sweat (by Attorney Tolliver), Docket No. 18, Attachment No. 3, May 13, 2011, pp. 1–65: • Detective Sweat...