Leath v. Webb

Decision Date29 June 2018
Docket NumberCivil Case No. 5:17–cv–38–JMH
Citation323 F.Supp.3d 882
Parties Darrell LEATH, Plaintiff, v. Randall WEBB, et al., Defendants.
CourtU.S. District Court — Eastern District of Kentucky

Adrian M. Mendiondo, Morgan & Morgan, P.A., Matthew Wayne Boyd, Boyd Law Office, PSC, Lexington, KY, for Plaintiff.

Charles David Cole, Joshua Michael Salsburey, Lyndol Scott Miller, Sturgill, Turner, Barker & Moloney PLLC, William Eugene Thro, University of Kentucky Office of Legal Counsel, Lexington, KY, for Defendants.

MEMORANDUM OPINION & ORDER

Joseph M. Hood, Senior U.S. District Judge

While most people were busy celebrating the 2016 New Year, police in Lexington were investigating a homicide. The first shooting victim of the year had arrived at University of Kentucky Chandler Hospital on January 1. And before the sun set on that first day of the year, UK Police learned from Lexington Police that someone connected to the shooting—be it another victim, a suspect, or a witness—could show up at Chandler. So Lexington police asked UK officers to give them the heads up if anything of interest occurred at the hospital. And in the wee morning hours of January 2, 2016, Darrell Leath walked through the door.

Leath, it turned out, was kin to the victim. He told police as much, and he begged them to let him see his cousin. But police couldn't do so—after all, it was against hospital policy, and at the time, officers did not know who Leath was. This didn't sit well with Leath. He grew angry and belligerent; police had to ask him to leave. Leath complied, albeit reluctantly and not without protest. And as Leath slowly exited UK property, police decided they had grounds to arrest him. So they put Leath in handcuffs and charged him with several misdemeanors. What transpired over the next few hours resulted in felony charges, another trip to the hospital, a trial, a conviction on some charges, acquittal on others, and now this civil-rights lawsuit. Leath claims officers and nurses (1) violated his right to refuse medical treatment, (2) fabricated charges against him, (3) used excessive force, and (4) retaliated against him. Defendants deny Leath's allegations and argue they enjoy qualified immunity. So they filed a Motion for Summary Judgment. [DE 37]. Leath responded [DE 41] and Defendants replied [DE 45], making this matter ripe for review. For the reasons stated herein, Defendants' Motion is GRANTED IN PART and DENIED IN PART .

I. Background
a. UK Chandler Hospital

Darrell Leath and his father arrived in the lobby of Chandler early on January 2, 2016 hoping to see a family member. [DE 37–13, McConnell Body Camera Video]. Officer Joshua McConnell was also at Chandler as part of his duties as a UK Police officer. [DE 37–9, Dep. of Josh McConnell, pp. 18–20]. That night, Lexington Police asked UKPD to notify them if anyone came into Chandler with information about the recent homicide. [Id. ].

When Leath walked in and started discussing the shooting, McConnell did not know Leath's relationship with the victim. [Id. , p. 20]. So McConnell notified dispatch. [Id. ]. When he informed Leath that no one could go back to see the victim, Leath was not happy. [Id. ; DE 37–13; DE 37–14, McConnell Body Camera Video]. By that point, backup had arrived. [DE 37–9, p. 21]. Officers Randall Webb, David Duncan, and Emily Faulkner joined McConnell and warned Leath that if he didn't "calm down here, we are going to ask you to leave." [DE 37–13]. They informed Leath that they had no information, and would try to work with him, but if "you do not lower your voice, you are going to leave or it is criminal trespassing." [Id. ].

Leath never did calm down. He remained agitated and upset, prompting police to ask Leath to leave. [DE 37–14]. As he walked out, police followed close behind to ensure that Leath did not linger. All the while, Leath yelled profanities and threats including telling his father "if you touch me, I'm stomping you." [DE 37–14]. He also yelled that he "wish[ed] a motherfucker would touch me." [Id. at 3:16; DE 37–15, McConnell Body Camera Video at 3:03]. After a few minutes, police suspected Leath or his father intended to drive. [DE 37–2, p. 6]. Because both men appeared intoxicated, police intervened. One officer can be heard on body camera video saying "if you want a DUI, there it is." [DE 37–15 at 5:07].

That is when police decided to make an arrest. [DE 37–16, McConnell Body Camera Video at 0:23]. Leath complied but continued to shout profanities and made threats regarding a lawsuit. [Id. at 0:42]. Police informed Leath that they were arresting him for alcohol intoxication and disorderly conduct. [Id. ]. Leath's father admitted that Leath was driving and the two had been drinking. [Id. at 1:00, 5:25]. With Leath in handcuffs, officers Faulkner and Webb began a routine pat-down. [DE 37–17, Duncan Body Camera Video at 2:02]. When officers told Leath to take his boots off, he refused: "I ain't taking off a motherfucking thing ... The fuck you mean? You strip search me, you better have a warrant." [Id at 2:08]. The profanities and threats continued as Faulkner executed the pat-down. At that point, Officer Webb grabbed Leath around the mouth and throat area and twice said "look at her again like that." [Id. at 2:14].

Police then took Leath to the transport wagon. [DE 37–2, p. 6]. Officers claim Leath began resisting and pulled away, causing Officer Webb, who was holding Leath's arm, to feel a pop in his right shoulder and severe pain. [Id. ; DE 37–6, Dep. of Randall Webb p. 22]. Webb reported his "whole left arm when numb and tingly" to the point that he could not move it. [DE 37–6, p. 22]. Officers then placed Leath in the transport wagon and took him to Fayette County Detention Center.

b. Fayette County Detention Center

When Leath arrived at the detention center, staff nurse Sarah Rideau attempted to evaluate him. [DE 37–18, Aff. of Sarah Rideau p. 2; DE 37–2, p. 7]. Her duties required her to observe new inmates to determine whether they were medically stable enough to be admitted. [DE 37–18, p. 1]. Rideau claimed Leath was "agitated, non-compliant, and seemed very disoriented." [Id. at p. 2, ¶ 5]. Rideau also noticed Leath had large pupils and froth coming from his mouth. [Id. at p. 2]. Taken together, Leath's appearance and behavior suggested to Rideau that Leath was either under the influence of dangerous narcotics or suffering from a serious medical condition. [Id. ]. Rideau attempted to take Leath's vital signs to rule these out, but he refused to comply. [Id. ]. So Rideau refused to admit Leath to the jail—FCDC could not accommodate any serious medical condition or narcotics that could put Leath and others in danger. [Id. ].

Officers faced a difficult situation: They had an arrestee, facing multiple charges, and nowhere to put him. Police asked Leath to let the jail staff take his vital signs. [DE 37–21, McConnell Body Camera Video at 1:10]. But he still refused. So police decided to transport Leath to Good Samaritan Hospital; a doctor there could take Leath's vital signs. While officers and Leath waited to leave, Leath continued his barrage of threats, "I'm suing the shit out of y'all" [DE 37–19, McConnell Body Camera Video at 6:19], and he challenged officers to "take these cuffs off and see if you tough." [Id. at 5:40]. Leath even tried to bargain with officers: "I can save your job now. Just let me go. Say it's a misunderstanding." [Id. at 7:21]. Finally, Leath indicated to police that he had a criminal history, telling police to Google him to see his rap sheet. [Id. at 16:33].

Shortly after 4:00 a.m., Leath and officers climbed into the medical transport and headed to Good Samaritan Hospital.

c. Good Samaritan Hospital

Upon arrival at Good Samaritan, Leath again told officers he did not consent to giving his vital signs. Police told him at least four times to "sit still" and when Leath began resisting officers pleaded with Leath, "you're going to get hurt, man, stop." [DE 37–20, Duncan Body Camera Video at 12:38]. As he had previously, Leath responded with profanity: "fuck you man; I'm going to sue the fuck out of you." [Id. at 12:54]. A nurse attempted to take Leath's blood pressure, but Leath continued to resist and he told police he would "kick you in your motherfucking face." [Id. at 13:10]. Police warned Leath that if he kicked an officer "you will be charged with assault." [Id at 13:48].

But Leath did not cooperate. Police put Leath on the ground so medical officials could take his vital signs, and Leath began thrashing. Officers placed a pillow under Leath's head and told him to stop fighting. [Id. at 14:22; DE 37–23, McConnell Body Camera Video at 2:34]. During the commotion, Officer Duncan yelled that Leath bit him, and Leath repeatedly tells police to "break my neck." [DE 37–20 at 14:37, 15:19]. He also told police he was "ready to act a fool up in this motherfucker." [Id. at 15:06], and that he wanted police "to hurt me ... so I get paid." [Id. at 16:22]. A nurse took Leath's vital signs using a finger clip for a pulse, an arm cuff for blood pressure, and a head-swipe thermometer. No blood was drawn. No drugs were used. No operation performed. The process lasted only a few minutes.

Once the nurse had obtained Leath's vital signs, Leath noticed his boot came off and told police "put my motherfucking shit on before I kick you." [Id. at 16:34; DE 37–23 at 4:15]. Police told Leath he was "going shoeless to jail" because he had kicked people. [DE 37–23 at 5:43]. Leath was then cleared to go to jail. [Id. at 7:55].

d. Return to Fayette County Detention Center

Back at FCDC, Leath remained upset. He told officers that he was going to "find you" and mouthed that he was going to "shoot you in the face" to officers. [DE 37–25, McConnell Body Camera Video at 2:11]. Officers then discussed the situation with jail personnel who reiterated that they were not permitted to take Leath into custody without vital signs. [Id. at 12:19]. But since vitals had been...

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1 books & journal articles
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    • United States
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