Hurst v. Franks
| Decision Date | 24 March 2022 |
| Docket Number | CIVIL 5:20-cv-05158 |
| Parties | COBY TOWNSEND HURST PLAINTIFF v. CORPORAL LEVI FRANKS, Benton County Detention Center; NURSE NADIA MALAPHA, Turn Key Health Clinics LLC; SERGEANT GREG HOBELMANN, Benton County Detention Center; OFFICER RICHARD PAHMIYER, Rogers Police Department; and DEPUTY JAMES SIKES, Benton County Detention Center DEFENDANTS |
| Court | U.S. District Court — Western District of Arkansas |
REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE
This is a civil rights action filed by Coby Townsend Hurst (“Hurst”) pursuant to 42 U.S.C. § 1983. Hurst proceeds pro se and in forma pauperis (“IFP”). Pursuant to the provisions of 28 U.S.C §§ 636(b)(1) and (3), the Honorable Timothy L Brooks, United States District Judge, referred this case to the undersigned for the purpose of making a Report and Recommendation.
The case is before the Court on the Motion for Summary Judgment (ECF No. 69) filed by Officer Richard Pahmiyer; the Motion for Summary Judgment (ECF No. 73) filed by Corporal Levi Franks, Sergeant Greg Hobelmann, and Deputy James Sikes; and the Motion for Summary Judgment (ECF No. 79) filed by Nurse Nadia Malapha. Hurst has responded to these Motions. (ECF Nos. 87, 88, 91, 94).
Summary judgment is appropriate if, after viewing the facts and all reasonable inferences in the light most favorable to the nonmoving party, Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986), the record "shows 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). "Once a party moving for summary judgment has made a sufficient showing, the burden rests with the non-moving party to set forth specific facts, by affidavit or other evidence, showing that a genuine issue of material fact exists.” National Bank of Com. v. Dow Chem. Co., 165 F.3d 602, 607 (8th Cir. 1999).
The non-moving party "must do more than simply show that there is some metaphysical doubt as to the material facts." Matsushita, 475 U.S. at 586. "They must show there is sufficient evidence to support a jury verdict in their favor." Nat. Bank, 165 F.3d at 607 (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249 (1986)). "A case founded on speculation or suspicion is insufficient to survive a motion for summary judgment." Id. (citing Metge v. Baehler, 762 F.2d 621, 625 (8th Cir. 1985)). “When opposing parties tell two different stories, one of which is blatantly contradicted by the record, so that no reasonable jury could believe it, a court should not adopt that version of the facts for purposes of ruling on a motion for summary judgment.” Scott v. Harris, 550 U.S. 372, 380 (2007).
Hurst gave a deposition in this case, and testified that on Saturday, April 20, 2019, he was out walking, visited a Tyson's facility near his home and was told they had water problems. (ECF No. 75-6 at 19). Hurst says he was given something to drink “out of the machine.” Id. He continued walking, entered an empty building across the street from a Jiffy convenience store and sat on a table. Id. at 24. When he got up from that table, Hurst says he “passed out and fell backwards and hit my head bad, worse than I ever hit it in my life.” Id. As a result of the fall, Hurst maintains he developed a bump on the back of his head and was bleeding from his head and ears. Id. at 19. Hurst saw the Jiffy manager as she was parking her car; told her he hit his head and had a head injury; and asked her to give him a ride home. Id. She refused saying she was late for work. Id. Hurst says he screamed in pain, wandered down the street (which was also downhill), and fell at the edge of the woods. Id. at 19. Hurst asked the owner of the adjacent home to call the ambulance for him.[2] Hurst testified that the homeowner instead called the police. Id. at 19.
Detective Yager was in the area of East Poplar Street and “elected to respond to assist until dispatched officers arrived on scene.” (ECF No. 69-8 at 1). Detective Yager - who identified Hurst - was “very familiar with Hurst from multiple incidents regarding his erratic behavior.” Id. The incidents “were consistently pertaining to Mr. Hurst's behavior being elevated because he believed someone was after him, trying to hurt him, trying to take something from him, or something else along those lines.” Detective Yager indicated he “also responded to multiple calls for service regarding fires being ignited at Hurst's residence.” Id. During the incidents, Detective Yager says “Hurst regularly complained of excessive force being applied against him that allegedly caused injuries, even during incidents when force was not applied.” Id.
When Hurst noticed Detective Yager approaching him, he “started to explain to me in a maniacal manner that Tyson's Foods was pumping poison[3] into the water at his house and that his water was pure salt water.” (ECF No. 69-8 at 2). To Detective Yager, Hurst “appeared to be under the influence of an intoxicant.” Id. Hurst was asking to be taken to his house to get his blood pressure medicine. Id. When the other officers arrived, Detective Yager asked “Officer Pahmiyer to pull his vehicle up to the scene so Hurst's arrest would be captured on camera.” Id. Detective Yager had been advised by dispatch that Hurst “had warrants issued for his arrest out of the Bentonville Police Department and Farmington.[4]” Id. Once the vehicle was in place, Detective Yager “informed Hurst he had warrants for his arrest and that he was under arrest for public intoxication.” Id. Detective Yager states he did not observe any injury to Hurst's head during his interactions with him. Id. at 3.
According to Hurst, when Detective Yager arrived, Hurst was “l[]ying on my front side.” (ECF No. 69-6 at 3). He told the officer he had a head injury. Id. Hurst also testified he had a concussion. Id. A total of three officers were at the scene. Id. at 4. He testified he was unable to stand and the officers picked him up and tore something in his side. Id. at 4 Although Hurst initially testified, he was not sure which officers picked him up because the video was not clear, Hurst then clarified that Officer Pahmiyer “put his knees into me and pulled on me when he cuffed me.” Id. at 4-6. Hurst maintains something tore in his side when Officer Pahmiyer pulled on him. Id. Hurst was moved to the back of Officer Pahmiyer's patrol vehicle. Id. at 4. Hurst denies he was on any drugs. (ECF No. 75-6 at 21).
Officer Pahmiyer's arrest report indicates he was dispatched at 9:05 a.m. to East Poplar Street due to a caller's complaint that Hurst was lying in the yard “acting crazy and yelling.” (ECF No. 69-1 at 3).
The caller reported that Hurst was talking about salt in the water and wanting to talk to Doug Norwood.[5] (ECF No. 69-7 at 1).
Officer Pahmiyer was the third officer to arrive at the scene. (ECF No. 69-7 at 1).[6] By affidavit, Officer Pahmiyer indicates that between his hiring date of November 21, 2016, and November 12, 2019, the Rogers Police Department had a total of 94 documented incidents involving Hurst. (ECF No. 69-7 at 1). Officer Pahmiyer was involved in 10 of those incidents. Id. Officer Pahmiyer asserts that Hurst is known for abusing alcohol and narcotics and being uncooperative. Id. Officer Pahmiyer indicates he has Id.
When he arrived, Officer Pahmiyer observed Hurst lying in the grass on the east side of the driveway talking about his tap water being poisoned with salt. (ECF No. 69-1 at 3). Hurst indicated he could not stand up and walk because he had not taken his blood pressure medication. Id. Officer Pahmiyer noted that Hurst's pupils were constricted; his movements were “very spastic;” and his statements “were paranoid and did not make sense.” Id. Hurst also reported having a hole in the back of his head and stated his wrist was broken the last time he was incarcerated in the Benton County Detention Center (“BCDC”). Id. According to Officer Pahmiyer, Hurst did complain that his head was hurting but when asked about it he just started talking about the poisoned water. (ECF No. 69-7 at 2). Officer Pahmiyer did not observe any injuries to Hurst's “head or wrists.” (ECF No. 69-1 at 3).
According to Officer Pahmiyer, Hurst was placed in handcuffs while he was on the ground, assisted to his feet, and then assisted to the patrol vehicle. (ECF No. 69-1 at 3). Officer Pahmiyer denies putting his knee into Hurst while assisting Hurst up and escorting him to the patrol vehicle with the help of Detective Yeager. (ECF No. 69-7 at 4). Hurst was told he was being taken to the BCDC and this upset him. (ECF No. 69-6 at 2). Hurst maintains he was not intoxicated. Id. He states he had not taken his blood pressure medication “which raises my blood pressure, and people think I'm on meth when I don't have my pill.” Id.
While he was being handcuffed, Hurst complained about a “shoulder injury from falling in 2001.” (ECF No. 69-7 at 2). When put in the patrol vehicle, Hurst Id.
Hurst testified he was bleeding on the back of his head. (...
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