Johnson v. White
| Decision Date | 27 February 2018 |
| Docket Number | No. 17-13692,17-13692 |
| Parties | RONALD W. JOHNSON, Plaintiff-Appellee, v. SHAUN M. WHITE, MATTHEW BEATY, CHAD ROOP, JESSICA WOOD, PHILIP NIX, MINDY VON ANSBACH YOUNG, In their individual capacity as Escambia County Sheriff's Officers, et al., Defendants-Appellants. |
| Court | U.S. Court of Appeals — Eleventh Circuit |
[DO NOT PUBLISH]
Non-Argument Calendar
D.C. Docket No. 3:15-cv-00543-RH-CJK
Appeal from the United States District Court for the Northern District of Florida Before WILLIAM PRYOR, ANDERSON and HULL, Circuit Judges.
Ronald Johnson brought this lawsuit against six deputies of the Escambia County Sheriff's Office in their individual capacities, alleging claims of excessive force, failure to intervene, and malicious prosecution under 42 U.S.C. § 1983. The defendant deputies are Shaun White, Matthew Beaty, Chad Roop, Jessica Wood, Philip Nix, and Mindy Von Ansbach Young.1
On the night of August 17, 2013, Johnson was arrested after two 13-year-old girls witnessed him expose his penis while he was urinating in a public parking lot next to his vehicle. One of their parents called the sheriff's office. Although arriving at various points, all six defendant deputies were ultimately present during the arrest, but defendant White was the arresting officer. The defendants filed a motion for summary judgment, which the district court denied. The defendants appeal the district court's ruling as to the denial of qualified immunity.
After review of the record, we affirm in part as to the excessive force claims against defendants White, Beaty, Roop, and Wood. We reverse as to the excessive force claims against defendants Nix and Young, the failure to intervene claims against all the defendants, and the malicious prosecution claim against defendant White.
We recount the facts taken from the depositions of Johnson, the wrecker operator, and the various deputies.
In his deposition, Johnson stated that he is a practicing attorney who specializes in criminal defense and has been admitted to practice law in Florida since 1973. At around 8:30 p.m. on the night of the arrest, Johnson was sitting in his Toyota Land Cruiser, which was located in a public parking lot on Pensacola Beach, Florida. Johnson testified he was visiting some property he owns and decided to park in a lot across the street due to traffic at his neighbor's house. Johnson admitted he drank two beers that night and had attended a social function on the beach for criminal defense attorneys.2
Once he arrived in the parking lot, Johnson stepped out of his vehicle "to use the bathroom." Johnson admitted that he knew there was a portable toilet nearby when he decided to urinate on the pavement. While he urinated, two young girls on bicycles saw Johnson's penis. Johnson claimed he did not see anyone while he was urinating. Once he was back in his vehicle, Johnson saw another vehicle enterthe parking lot and then noticed the two young girls with bicycles walking up the crossover from the beach. The two girls walked over to the other vehicle and notified one of their parents, who then contacted the Escambia County Sheriff's Office. Shortly after, law enforcement arrived at the parking lot.
In his complaint, Johnson alleged that defendant Officer White was the first to arrive at the scene. The record evidence indicates, however, that Officers White, Roop, Beaty, and Adam Narvaez arrived simultaneously or within short succession of one another.3 Upon arrival, these officers approached Johnson's vehicle and asked Johnson to identify himself and exit the vehicle. Johnson responded through the glass window but refused to step out of the vehicle or to answer any questions. Johnson told the officers it was a "citizen's encounter"4 and that he did not have to get out of his car.
After Johnson refused, Officers White and Roop went to interview the witnesses. Officers Beaty and Narvaez stayed with Johnson's vehicle during the interview. Officer Roop was with Officer White and could hear White's conversation with the witnesses. Officer White spoke with the two girls, whoindicated that they saw Johnson going to the bathroom just outside his vehicle.5 Officer White testified that the two girls told him that Johnson "had a smirk on his face" or "a grin of some sort" and looked at them while urinating. Officer White also testified that the father of one of the girls pointed to Johnson's vehicle and said, "That's the man that exposed himself to my daughter." In his police report, Officer White included these details about the smirk. Officer Roop's deposition testimony corroborated this conversation with the girls. Specifically, Officer Roop testified the girls told Officer White that Johnson "didn't make no efforts to turn, and he smiled at them [the girls]."
In his deposition, Johnson later maintained that he did not smirk at the girls, but admitted that he did not hear White's interview with the two girls.
After the interview with the witnesses, Officers White and Roop then returned to Johnson's vehicle and repeatedly asked him to exit the vehicle. When Johnson continued to refuse, Officer White called for Sergeant Nix by radio. Not long after that, Sergeant Nix, accompanied by Sergeant Young, arrived at thescene. Officer White briefed Sergeant Nix on the nature of the complaint. Sergeant Nix testified that Officer White told him "Johnson was urinating outside the vehicle" and that when the two girls approached Johnson, he "made no attempt to turn away from them, smirked at them, [and] continued urinating." Then "[t]he girls got scared and ran away." Based on what Officer White told him, Sergeant Nix, who had met Johnson previously,6 testified that he believed there was probable cause to arrest Johnson for lewd or lascivious exhibition. After Officer White briefed Sergeant Nix, the officers approached Johnson's vehicle.
In his complaint, Johnson alleged that the officers surrounded his vehicle and told him that he was under arrest. At approximately 9:00 p.m., after Johnson continued to state that he did not consent to their investigation, Sergeant Nix contacted a wrecker service to unlock Johnson's vehicle. According to Johnson, Sergeant Nix became impatient with Johnson's continued refusal to cooperate and began to yell and use profanity. Johnson became upset as well, calling the officers "a bunch of cowboys" and "thugs" and telling them to "go shoot somebody else."
After the wrecker operator—Richard Carter—arrived on the scene at approximately 9:20 p.m., Carter attempted to unlock the passenger door of Johnson's vehicle with an "air wedge" and a "reach tool" but was thwarted by Johnson. Johnson grabbed the reach tool and yanked on it so that the vehicle could not be unlocked. In an effort to distract Johnson, Sergeant Nix and Officer Roop tapped on the windows and hood of Johnson's vehicle with their flashlights. When this proved unsuccessful, Sergeant Nix warned Johnson that he was going to have to break the window if Johnson did not open the door. Johnson refused, and Nix broke the window to the driver-side door.7
In his deposition, Carter testified that Johnson tried to get in the back seat of his vehicle when the officers broke the window. Although Johnson conceded that it looked like he was retreating, Johnson claimed he "moved back" to avoid the shattering glass from the broken window. Johnson testified that Sergeant Young then unlocked the car door, and Officer White opened it. Carter testified that when "the locks were opened up, . . . that's when all the doors got opened, and all the deputies were all in there altogether."
In his complaint, Johnson alleged that he was ripped from the vehicle, slammed on the ground, and beaten while he lay face down on the pavement. Although the evidence is in conflict, the version most favorable to the plaintiff is that these three defendants—Officers White, Beaty, and Roop—removed Johnson from the vehicle.
For example, Johnson testified that, while he was still in the vehicle, Officer White grabbed his right arm and Officer Roop grabbed his left arm and then they "ripped" Johnson out of the car and "flung" him to the ground. Roop, on the other hand, testified that it was White who removed Johnson from his vehicle and that, instead, Officer Roop stood behind Officer White and then handcuffed Johnson's left arm as Johnson went to the ground. Officer Roop claims he did not remove Johnson from the vehicle.
Officer White testified that he "reached in and placed [his] hands on [Johnson's] left arm to get him out of the vehicle." Officer White testified that Johnson snatched his hand away and said, "I'll get out when I want to," or something similar. Officer White then grabbed a "tighter hold of [Johnson] and tried to get him out of the car" and Johnson grabbed the steering wheel with his right hand.
Sergeant Young testified that Officers White and Beaty removed Johnson from the car.
In their depositions and reports, the officers agree that Johnson grabbed the steering wheel when Officer White and at least one other officer attempted to remove Johnson from the vehicle. Officer Wood testified that Johnson was Officer Wood and Sergeant Young each testified that Johnson positioned his feet underneath his seat and the brake pedals to anchor himself inside the vehicle.
Several officers stated that, once Johnson's hold on the steering wheel was broken, they attempted to remove Johnson from the vehicle but—because Johnson's shoes got caught inside the vehicle—Johnson fell to the pavement amid shattered glass from the broken window. Sergeant Nix testified that...
To continue reading
Request your trial