Jones v. City of Martinsburg
| Decision Date | 15 October 2014 |
| Docket Number | CIVIL ACTION NO.: 3:13-CV-68 |
| Court | U.S. District Court — Northern District of West Virginia |
| Parties | ESTATE OF WAYNE A. JONES, by Robert L. Jones and Bruce A. Jones, Administrators of the Estate of Wayne A. Jones, Plaintiff, v. THE CITY OF MARTINSBURG, WEST VIRGINIA, PFC. ERIK HERB, PFC. DANIEL NORTH, PTLM. WILLIAM STAUBS, PTLM. PAUL LEHMAN, and PFC. ERIC NEELY, Defendants. |
(JUDGE GROH)
Currently pending before the Court is the Defendants' Motion for Summary Judgment. ECF 119. For the following reasons, the Court GRANTS this motion.
Many material facts in this case are undisputed because a magistrate court order deemed admitted requests for admission submitted to the Estate. See ECF 75. In addition, the evidence in the record independently supports the facts admitted by the Estate.1
At approximately 11:30 p.m. on March 13, 2013, Officer Paul Lehman of the Martinsburg City Police Department was on patrol and saw Wayne A. Jones walking in Queen Street, never on the sidewalk, for approximately one block. Paul Lehman Dep. 5; see also Defs.' Ex. 3, Lehman Video at 0:00-0:58; Req. for Admis. 5.2 The video from Officer Lehman's vehicle depicts Jones wearing a big, loose coat. Defs.' Ex. 3, Lehman Video 0:00-0:58. West Virginia Code § 17C-10-6(a) and City of Martinsburg Ordinance 371.06(a) prohibit a pedestrian from walking in a street when a sidewalk is available. Jones suffered from schizophrenia and was homeless. Req. for Admis. 1. Jones' brother, RobertJones, testified in his deposition that an average person around Jones would not realize he had a mental illness. Robert Jones Dep. 18.
Officer Lehman honked his horn to get Jones' attention. Lehman Dep. 5. Jones looked at Officer Lehman and continued walking. Id. at 6. Officer Lehman pulled his car over and exited it. Id. He asked Jones why he was walking in the street and requested identification. Id.; Defs.' Ex. 3, Lehman Video at 1:19-1:39. In his deposition, Officer Lehman could not recall Jones' response concerning why he was walking in the street, but remembered Jones stated that he did not have identification. Lehman Dep. 5.
Officer Lehman then asked Jones if he could pat him down for weapons. Id. Jones responded: "What's a weapon?" Defs.' Ex. 3, Lehman Video at 2:06-2:07; see also id. Officer Lehman stated: "Any knives, guns, clubs, or that sort." Lehman Dep. 5; see also Defs.' Ex. 3, Lehman Video at 2:08-2:11. Jones replied: "Yes, I have something on me." Defs.' Ex. 3, Lehman Video at 2:12-2:13; see also Lehman Dep. 5; Req. for Admis. 6. Jones had a knife on his person. Req. for Admis. 11.
Jones proceeded toward the rear of Officer Lehman's vehicle. Lehman Dep. 6. Officer Lehman ordered Jones to put his hands on the vehicle five times. Defs.' Ex. 3, Lehman Video at 2:25-2:42; see also id. at 6-7. Jones did not do so and continued to distance himself from Officer Lehman. Lehman Dep. at 7. Officer Lehman radioed for backup. Id. Officer Daniel North responded and observed Jones and Officer Lehman in what appeared to Officer North to be an argument. Id.; Daniel North Dep. 5. Officer Lehman deployed a taser at Jones. Lehman Dep. 7. The taser had little to no effect on him. Id. Officer North then deployed his taser at Jones, which also had a minimal effect. North Dep. 5.
Then, Jones hit Officer Lehman on the head with his hands and pulled Officer Lehman's tobaggan over his eyes. Id. at 5-6; Lehman Dep. 7. Jones ran south on Queen Street approximately one block to a bookstore. Lehman Dep. 7; North Dep. 6. Officers Lehman and North pursued Jones on foot. Lehman Dep. 7. Officer Lehman called for backup again while Officer North radioed that he was pursuing Jones on foot. William Staub Dep. 6.
Officer North caught up to Jones in the entranceway of a bookstore on 145 North Queen Street. North Dep. 6. He ordered Jones to get on the ground. Id. He saw Jones' hands about to go up and believed that Jones could try to assault him. Id. Officer North swung at Jones, striking him in the neck. Id. By that time, Officer William Staub had arrived on the scene. Id. He ordered Jones to get on the ground. Id. at 7. Jones began to raise his hands, which Officer Staub interpreted as a fighting stance. Id. Officers North and Staub tried to grab Jones to arrest him. Id. When they reached for Jones' hands, Jones swung at Officer North. Id. Once they had a hold of Jones, all three men rolled down the stairs of the bookstore. Id. at 8; North Dep. 7. Jones struggled against the officers. Staub Dep. 8. Officer North deployed another taser on Jones, and Officer Staub put him in a choke hold. North Dep. 7; id.
By then, Officer Lehman, Officer Eric Neely, and Officer Erik Herb had arrived on the scene. Officer Neely saw Jones resisting Officer Staub's attempts to arrest him. Eric Neely Dep. 9. Officer Neely told Jones he would deploy his taser if Jones did not stop resisting arrest. Id. at 9; see also Defs.' Ex. 3, Neely Video at 1:19-1:20.3 Jones did notcomply with this order. Neely Dep. 9; see also Req. for Admis. 10. Officer Neely deployed his taser on Jones, which had no effect. Neely Dep. 9.
While Officer Staub and Jones were on the ground, Officer Staub felt a scratch on his hand. Staub Dep. 9. One or two seconds later, he felt a sharp poke in his side. Id. Jones had stabbed Officer Staub with a knife. Req. for Admis. 7. Officer Staub then observed "a fixed blade knife" in Jones' right hand. Staub Dep. 10. Officer Neely saw Jones hit Officer Staub in the side with a weapon. Neely Dep. 10.
Neither party has produced the knife or explained what happened to it. But, at approximately 2:38 of Officer Staub's video, an officer states the knife was "right there in his hand, just leave it." In addition, the Estate admitted Jones had a knife. Req. for Admis. 11.
Officer Staub yelled: "He's got a knife, he's got a knife." Staub Dep. 10; see also Defs.' Ex. 3, Neely Video at 1:28. Around this time, Officer Lehman saw an object in Jones' hand. Lehman Dep. 8. The officers backed up from Jones by a few steps and drew their guns. Id.; North Dep. 7; Staub Dep. 11; Herb Dep. 20; see also Defs.' Ex. 3, Neely Video at 1:31-1:34. Officer Herb then saw the knife in Jones' right hand. Herb Dep. 8. In his deposition, Officer Herb described the knife as a kitchen knife having "probably a four or five-inch blade with a dark handle." Id.
The officers ordered Jones to drop the knife. Req. for Admis. 12; see also North Dep. 7; Staub Dep. 11; Defs.' Ex. 3, Neely Video at 1:34-1:37. Jones did not drop the knife. Req. for Admis. 13; see also Staub Dep. 11. Officers Staub and Lehman observed Jones attempting to get up. Staub Dep. 11; Lehman Dep. 32. The officers fired at Jones. Lehman Dep. 36; North Dep. 15; Staub Dep. 11; Neely Dep. 23; Herb Dep. 12.
Per the video from Officer Neely's dashboard camera, the shots lasted approximately two seconds and were fired almost simultaneously. Defs.' Ex. 3, Neely Video at 1:38-1:40. The officers fired twenty-two shots at Jones, which all struck him. The officers discharged rounds as follows: Officer Neely - four rounds, Officer Staub - three rounds, Officer Herb - five rounds, Officer North - two rounds, and Officer Lehman - eight rounds. The bullets hit Jones in the head, neck, arm, elbow, buttocks, back, and chest.
After the shooting ended, Officer Neely radioed that shots had been fired and requested emergency medical personnel. Other officers arrived on the scene and administered first aid until the paramedics arrived. The paramedics arrived and attempted to revive Jones. Their attempts failed. Jones died at the scene.
After Jones' death, a state grand jury investigated the incident. Officers Neely, Staub, Herb, North, and Lehman were placed on paid administrative leave. Miller Dep. 67. At first, the officers were required to stay home and attend court hearings as necessary for the grand jury investigation. Id. One month into their leave, the officers were allowed to return to the police station to perform administrative duties, such as maintenance at the station. Id. They were not permitted to take any law enforcement action. Id. In October 2013, the grand jury declined to indict the officers. Following that decision, the officers were permitted to perform law enforcement duties again. Id. at 68.
After Jones' death, the administrators of his Estate (Jones' brothers, Robert L. Jones and Bruce A. Jones) filed suit on June 13, 2013 against the City of Martinsburg, West Virginia, the West Virginia Martinsburg Police Department, and Does 1 to 25. Their complaint raised four claims under 42 U.S.C. § 1983, a negligence and wrongful deathclaim, and a claim under West Virginia Code § 61-6-21(b). The Estate requested punitive damages for all claims. On August 19, 2013, the Court entered an agreed order dismissing the Martinsburg Police Department from this case.
On September 3, 2013, the City filed a partial motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). On September 24, 2013, the Estate filed a motion for leave to amend its complaint and amended this motion twice. The amended complaint replaced the Doe Defendants with Officers Herb, North, Staub,4 Lehman, and Neely. It also modified the Estate's claims to the following. The Estate brought two § 1983 claims against the officers, one under the Fourth Amendment for violating Jones' right to be free from excessive force and a second under the Fourteenth Amendment for violating the right of Jones' family members to maintain a relationship with Jones. The Estate raised a § 1983 claim alleging the City is liable for the officers' constitutional violations. Finally, the Estate maintained a negligence and wrongful death claim against the officers and a West Virginia Code § 61-6-21(b) claim against the City and officers.
On May 20, 2014, the Court granted the Estate...
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