Jones v. Barlow
| Decision Date | 26 July 2021 |
| Docket Number | 2:19-cv-114-JLB-NPM |
| Parties | HOLLEY JONES, Plaintiff, v. ANDREW BARLOW and CHRISTIAN ROBLES, Defendants. |
| Court | U.S. District Court — Middle District of Florida |
Plaintiff Holley Jones brought this action under 42 U.S.C. § 1983 against Defendants Andrew Barlow and Christian Robles, two officers of the Fort Myers Police Department (collectively “the Officers”), after an incident which resulted in Mr. Jones being twice tased by Officer Barlow inside a 7-Eleven convenience store, arrested, and charged in Florida state court. The events leading to this incident were captured on the Officers' body cameras. After the state of Florida dropped the charges against Mr. Jones, he filed a complaint in this Court alleging myriad violations of his constitutional rights.
Specifically Mr. Jones's operative complaint alleges the following violations of his Fourth and First Amendments rights: (1) unlawful detention and arrest; (2) excessive force by Officer Barlow; (3) unlawful search; (4) malicious prosecution; and (5) First Amendment retaliation. (Doc. 124.) The Officers move for summary judgment, arguing that the evidence fails to show a violation of Mr. Jones's constitutional rights and, alternatively, they are entitled to qualified immunity. (Doc. 133.)
After reviewing the parties' briefing, the Court set a hearing on the Officers' summary judgment motion and directed the parties to address particular questions that were not discussed in their papers. Unfortunately, neither side adequately addressed the Court's questions, which only strengthened this Court's initial impression-this case ought not be resolved at the summary judgment stage.
Viewing the facts in the light most favorable to Mr. Jones, which the Court must at this stage of litigation, the Officers' motion for summary judgment is DENIED. And although Officers' counsel who appeared at the summary judgment hearing dismissed the Court's suggestion to consider settlement discussions for the Officers, the Court nonetheless renews its prior suggestion. Lastly, by separate order and upon completion of this litigation, the Officers' counsel who appeared at the summary judgment hearing will be ordered to appear before the Grievance Committee for the Middle District of Florida to account for his conduct during the summary judgment hearing.
Background[1]
At approximately 12:38 p.m., on April 15, 2018, the Fort Myers Police Department received a 911 call from an anonymous tipster who reported that an “Afro-American” man was “acting very odd” in the parking lot of a 7-Eleven convenience store. The caller stated that the man got out of a small, black SUV and was “yelling at” and “chasing” people in the parking lot. According to the caller, the man “look[ed] like he [was] high on something.” The caller describes the suspect as a black male, young (about twenty-five years old), tall (about six feet), “very lean, ” and wearing “a black shirt and green pants.” (Doc. 111-1.)
Officers Robles was the first to arrive at the 7-Eleven, only a couple minutes after the 911 call, around 12:40 p.m. The following facts are based on the footage from Officer Robles's body camera.[2] (Doc. 111-3.)
Officer Robles appears to have just stepped inside the 7-Eleven store when he turns on his body camera. Initially, he turns back around to scan the parking lot from inside the store.[3] The parking lot was well-lit by the natural light of a typical afternoon day in April. The Officers assert that when Officer Robles scanned the parking lot, he was “[u]nable to identify anyone matching the caller's description.” (Doc. 133 at 4, ¶ 6.) Mr. Jones accurately points out that the footage of Officer Robles scanning the parking lot shows another black male (who looks to be tall, in his mid-twenties, and with a lean build) standing in the parking lot.[4] (Doc. 137 at 2, ¶ 6.) Regardless, Officer Robles does not react to this man's presence in the parking lot, but instead turns his attention to another black male standing in front of the checkout counter with his back toward the front door. The man has an average-to-heavy build and is of average height; he is wearing a black hat, a black t-shirt, and gray shorts (not green pants). He is not “yelling” or “chasing” people and is neither tall nor “lean, ” as the 911 caller described. And he does not appear intoxicated.
As Officer Robles moves closer to that man, he says, “Hey buddy, when you get a minute, I gotta talk to you outside.”[5] The man, later identified as Mr. Jones, appears to say something as he takes off his hat and turns to look at Officer Robles. But Mr. Jones's comment is inaudible. In all events, Officer Robles responds, At this point, Mr. Jones walks away from the checkout counter toward Officer Robles, leaving behind whatever he was purchasing. He stops and says to Officer Robles, “What's up, bro?” Officer Robles says, “you got a sec?” Mr. Jones says, “yeah, what's going on?” Officer Robles says, “Let's go outside.” Mr. Jones replies, “Okay, well what's going on?” Officer Robles responds in a more intense tone of voice, “Let's go outside.” Mr. Jones responds in a questioning tone, Officer Robles does not answer Mr. Jones, but instead points to the checkout counter and says, “Get your stuff.” Mr. Jones responds, “okay, ” and turns toward the checkout counter as if he is going to follow Officer Robles's command to “get [his] stuff.” But Mr. Jones then turns back around to face Officer Robles and asks him for the fourth time, “So what's the problem?”
Officer Robles finally answers Mr. Jones, (Emphasis added.) Mr. Jones begins shaking his head from side to side, saying, As he says this, Mr. Jones turns from Officer Robles as if to walk away.
The sound of the recording then becomes somewhat garbled, but Mr. Jones seems to respond to something Officer Robles said. Mr. Jones then starts to walk away while looking over his shoulder at Officer Robles. After only a few steps, however, Mr. Jones turns back toward Officer Robles, saying (in an earnest tone of voice), “Sir, hey, what's your name?” as he extends his arm in the common manner someone would to shake hands.[6]
As this is happening, the body camera shows only Mr. Jones's face and part of his extended arm. Officer Robles is heard saying in a slightly more intense voice, “No, no, no, I'm all right.” Mr. Jones responds in a solicitous tone, “Are you alright, sir?” Officer Robles, responds, somewhat sternly, [7]Mr. Jones responds, “You sure?” while reaching both of his empty hands toward Officer Robles in what appears to be a gesture (sincere or not) of concern. Officer Robles repeats the command, “Don't touch me.” Someone behind Mr. Jones is heard cautioning Mr. Jones, Mr. Jones looks back at whomever was speaking, turns back to Officer Robles, and then throws his hands in the air saying, “Okay, I won't touch.” With that, Mr. Jones turns and starts to walk back toward the checkout counter.
Officer Robles follows Mr. Jones and, in a more intensified voice, says, At this point, Mr. Jones has returned to the checkout counter. Officer Robles continues to approach Mr. Jones, saying in a demanding voice while moving to Mr. Jones's other side, At this point, Officer Robles has positioned himself close to Mr. Jones, who is bent at the waist and leaning over the checkout counter with his head facing down as Officer Robles is issuing these directives to him. The store clerk standing behind the checkout counter looks directly at Officer Robles, who says in a slightly tense or angry voice, “Are you done with him?” Mr. Jones, with his head still facing down at the checkout counter, states, “Nope.” Officer Robles then says, “Alright, sir, you need to leave the store.” Mr. Jones stands back up straight and says, “I'll leave if you tell me to.” Officer Robles again says, “You need to leave the store, okay?”
At this point, about one-and-a-half minutes into the encounter, Officer Barlow enters the store. Officer Barlow walks toward Mr. Jones from the opposite side from where Officer Robles is standing and says, Mr. Jones looks at the two Officers and says, “I didn't do nothing wrong, man.” Officer Robles says, “You were real close to doing something wrong.” Officer Barlow says, “All right man, let's go, let's go.”
Then comes the moment when the Officers claim Mr. Jones seemed intoxicated and displayed aggression.[8] The body camera footage shows Mr. Jones avoiding direct eye contact with the Officers momentarily, while his eyes dart quickly around the room. He then leans slightly backward with his weight on one foot (without falling into a merchandise display), opens his...
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