Kelly v. Gaton
| Decision Date | 15 November 2021 |
| Docket Number | Civil Action 19-23 (CKK) |
| Parties | LARTASHA KELLY, Plaintiff v. ANTHONY GATON, et al ., Defendants. |
| Court | U.S. District Court — District of Columbia |
Plaintiff Lartasha Kelly brings this lawsuit against the District of Columbia and Metropolitan Police Department (“MPD”) Officer Anthony Gaton based on the events leading to her arrest on June 29, 2018. After seeing Plaintiff strike another woman in the face twice, Officer Gaton tackled her to the ground. Plaintiff claims that Officer Gaton used excessive force and committed a battery in the course of arresting her. Defendants argue that Officer Gaton's use of force was reasonable under the circumstances and that he is entitled to qualified immunity.
Pending before the Court is Defendants' [39] Motion for Summary Judgment as to Plaintiff's remaining claims for excessive use of force in violation of the Fourth Amendment under 42 U.S.C. § 1983 and battery under District of Columbia common law. Upon consideration of the pleadings [1] the relevant legal authorities, and the record as a whole, the Court shall GRANT Defendants' Motion for Summary Judgment and dismiss this case.
The Court will present the background of this case in two parts. First, the Court will provide the undisputed factual background for Plaintiff's claims, which will include those facts that are undisputed or unrefuted by the parties. After setting forth the undisputed factual background, the Court will outline those central facts which remain in dispute. Where possible, the Court notes facts that are clearly established by the body-worn camera (“BWC”) video evidence in the record.[2] See Scott v. Harris, 550 U.S 372, 381 (2007) (). The Court notes at the outset, however, that the BWC videos in this case do not provide much clarity to the events described in the Complaint and the parties' pleadings; the videos were recorded at night, and either at a distance from the confrontation at issue or while the police officers were running towards it.
A. Background Supported by Undisputed or Uncontroverted Facts in the Record
On June 29, 2018, at approximately 12:07 a.m., MPD Officers Anthony Gaton and Stephen Naticchione responded to a domestic disturbance in the 3900 block of R Street SE in Washington, D.C. Defs.' Stmt. of Material Facts as to Which There is No Genuine Dispute ( ) ¶¶ 1, 2, ECF No. 39-1.[3] Upon arriving, the officers observed a fire truck parked in the street and a group of approximately six people on the stoop in front of a two-story apartment building located at 3915 R Street SE. Id. ¶ 2; Pl.'s Opp'n Ex. 4, Deposition of Stephen Naticchione (“Naticchione Dep.”) 10:2-11, ECF No. 41-4. The MPD officers parked their vehicle in front of an apartment building approximately two buildings away from the building in front of which the group was gathered. See Gaton BWC 04:25:27-37.[4] As the MPD officers walked towards the group of people, they heard Plaintiff scream, “Wait ‘til the fire department leave, ” “I'm gonna smack the fucking shit out of you, bitch” and “I promise you I am, I promise you I am.” Defs.' Stmt. ¶¶ 46; Naticchione BWC 04:25:31-42; Gaton BWC 04:25:31-43. Plaintiff's threats can be clearly heard on the audio of the BWC video, even though the officers were walking from the street in front of a neighboring property. Naticchione BWC 04:25:31-42; Gaton BWC 04:25:31-43.
As the officers approached the group of people, they observed Plaintiff strike another woman, Kionna Sims, in the face twice in rapid succession. Defs.' Stmt. ¶ 6; Pl.'s Stmt. of Material Facts Proffered by Def. Which Are in Dispute ( ) ¶ 2, ECF No. 41.[5] Plaintiff then shouted, Defs.' Stmt. ¶ 12; Pl.'s Resp. Stmt. ¶ 8. As described in the next section, the nature and force of the strikes is disputed.
Upon seeing Plaintiff strike Ms. Sims, both officers ran towards the two women. Naticchione BWC 04:25:45-49; Gaton BWC 04:25:43-47. Simultaneously, a man wearing a white tank top (later identified as Mr. Sims' boyfriend, Mr. Davis, see Pl.'s Ex. 6, Declaration of Latarsha Kelly (“Pl.'s Decl.”) ¶ 2, ECF No. 41-6) stepped between the two women to block Ms. Sims from Plaintiff. See Naticchione BWC 04:25:45; Pl.'s Stmt. of Material Facts Not in Dispute (“Pl.'s Stmt.”) ¶ 29, ECF No. 41[6]; Defs.' Resp. to Pl.'s Stmt. of Material Facts Not in Dispute ( ) ¶ 29 ().
Without issuing any verbal command or warning, Defs.' Stmt. ¶ 16, Officer Gaton ran towards Plaintiff and “took [Plaintiff] to the ground and fell on top of her.” Pl.'s Stmt. ¶ 20; Defs.' Resp. Stmt. ¶ 20; Naticchione BWC 04:25:47-50. Both officers could see that Plaintiff did not have any weapon. Pl.'s Stmt. ¶ 12 (citing Pl.'s Ex. 3, Deposition of Anthony Gaton (“Gaton Dep.”) 18:9-12, ECF No. 41-3); id. ¶ 15 (citing Naticchione Dep. 19:7-9); Defs.' Resp. Stmt. ¶¶ 12, 15. Plaintiff did not attempt to hit Officer Gaton. Pl.'s Stmt. ¶ 24; Gaton Dep. 44:14-16.
Officer Gaton's “takedown” can be clearly seen in Officer Naticchione's BWC video: Officer Gaton wrapped his arms around Plaintiff and tackled her to the grass, in a “football-style” tackle. See Naticchione BWC 04:25:47-50; Gaton Dep. 27:1-15 (); Naticchione Dep. 11:19-12:16 (testifying that Officer Gaton “tackled” Plaintiff “while he was running”). Approximately three seconds separate the time at which the officers saw Plaintiff strike Ms. Sims in the face and the time at which Officer Gaton tackled Plaintiff. Nattichone BWC 04:25:45-48; Gaton BWC 04:25:44-47. Officer Gaton stayed on top of Plaintiff and directed her to put her hands behind her back. Naticchione BWC 04:25:56-57. Plaintiff was taken to a hospital by ambulance, and diagnosed with a fractured hip. Defs.' Resp. Stmt. ¶ 36.
At the time of this incident, Plaintiff weighed approximately 115 to 120 pounds. See Pl.'s Stmt. ¶ 9; Defs.' Resp. Stmt. ¶ 9. Officer Gaton weighed approximately 265 pounds. Pl.'s Stmt. ¶ 10; Defs.' Resp. ¶ 10. Officer Gaton had been serving as an MPD officer for approximately three months. Gaton Dep. 46:13-19. B. Facts Remaining in Dispute
The parties dispute a number of facts pertaining to Plaintiff's actions and the MPD officers' observations. The Court recounts the facts remaining in dispute here.
First, the parties dispute the nature and force of Plaintiff's strikes on Ms. Sims' face. Defendants indicate that Officer Gaton observed Plaintiff “punch” Ms. Sims in the face twice. See Defs.' Stmt. ¶¶ 6, 8; see also Defs.' Ex. 1, Report of Investigation (Jan. 10, 2019) (“IAD Report”), [7]ECF No. 39-2. During his deposition Officer Gaton agreed that he saw two “blows” in “rapid succession to one another.” Gaton Dep. 18:17-22. Officer Naticchione also testified that he saw Plaintiff “strike another individual in the face, twice.” Naticchione Dep. 14:20-15:2. Both officers testified that Plaintiff's fist was clenched as her blows landed on Ms. Sims' face. See Naticchione Dep. 16:14-17:3; Gaton Dep. 14:22-15:2.
Plaintiff disputes that she “punched” Ms. Sims, and testified that she “smack[ed] and then “tap[ped]” her face. Pl.'s Resp. Stmt. ¶ 1; Pl.'s Ex. 1, Deposition of Latarsha Kelly (“Pl.'s Dep.”) 55:9-16, ECF No. 41-1. She also stated that she had recently injured her right hand, preventing her from making a fist at the time of her confrontation with Ms. Sims. Pl.'s Stmt. ¶ 3.[8] The BWC videos do not provides a clear view of the confrontation between Plaintiff and Ms. Sims. But regardless of whether Plaintiff “punched” or “smacked” Ms. Sims, it is clear from the record that Plaintiff assaulted her by striking her on the face twice.
Next, the parties dispute Plaintiff's conduct immediately after she struck Ms. Sims, but before she was tackled by Officer Gaton. Officer Gaton testified that Plaintiff appeared to be “combative” and “still had her hands up like she was still ready to fight.” Gaton Dep. 33:21-22. Officer Naticchone agreed that after Plaintiff struck Ms. Sims' face, she “still had her hands up in a fighting pose.” Naticchione Dep. 21:14-16. Moreover, in a video of Plaintiff taken from the hospital after the incident, Plaintiff stated that she “wasn't running” from the police before Officer Gaton tackled her, but that she “still had my guards up.” 20180629-313-GWHOSPITAL 3.00 to 3.13.[9] Despite this statement on the same night as the incident, Plaintiff now indicates that “prior to the takedown, ” her right hand was lowered. Pl.'s Stmt. ¶ 26. Although it is not possible to verify either party's account from the BWC video, it is clear that Plaintiff had not disengaged from her encounter with Ms. Sims; she continued to yell (which she does not dispute) and the two women remained in close proximity to each other as Officer Gaton ran towards them and tackled Plaintiff. Naticchione BWC 04:25:46.
The parties also dispute Plaintiff's reaction to seeing the police officers approaching, and whether her actions conveyed any intent to run away from the scene. Plaintiff testified that she did not know that the police were present until after she was tackled by Officer Gaton. Pl.'s Dep 55:9-16. Officer Gaton testified that he saw Plaintiff “turn[ ]” towards him and Officer Naticchione as they were approaching, and “kind of turned her body back this way” which made him “assume[ ] she was trying to run away” from the officers. Gat...
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