Lockett v. City Of Akron
| Decision Date | 19 May 2010 |
| Docket Number | Case No. 5:09CV976. |
| Citation | 714 F.Supp.2d 823 |
| Parties | Gloria LOCKETT, et al., Plaintiffs, v. CITY OF AKRON, Defendant. |
| Court | U.S. District Court — Northern District of Ohio |
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Michael B. Bowler, Blakemore, Meeker & Bowler, Akron, OH, for Plaintiffs.
John C. Reece, Michael J. Defibaugh, City of Akron-Civil Division, Akron, OH, for Defendant.
Before the Court is the motion for summary judgment filed by defendant City of Akron (“the City”) (Doc. No. 20), plaintiffs' opposition (Doc. No. 21), and the City's reply (Doc. No. 22), with a manually filed exhibit to the latter (Doc. No. 24). For the reasons discussed below, the motion is GRANTED.
On March 20, 2009, plaintiffs Gloria Lockett and Edward Turner filed a state court complaint against the City and unknown officers 1 asserting claims for relief under 42 U.S.C. § 1983 for alleged violations of the Fourth and Fourteenth Amendments to the U.S. Constitution, as well as state law claims. An amended complaint (hereafter referred to as “complaint”) 2 was filed on March 23, 2009, adding an additional state law claim. 3 The City timely removed the action to this Court on April 28, 2009, having been served with the summons and complaint on April 1, 2009.
Plaintiff Gloria Lockett (“Lockett”) is a 65-year-old lifelong resident of Akron, Ohio. (Lockett Dep. at 5-6.) 4 Plaintiff Edward Turner (“Turner”) is Lockett's husband. ( Id. at 11.) Around 7:00 p.m. on March 21, 2007, Lockett was in her apartment on Virginia Avenue in Akron, along with visiting family friends Kenneth Young (“Young”), his wife and their three children. ( Id. at 16-19, 42.) 5
The officers involved in this incident have filed affidavits 6 detailing the events of March 21, 2007. 7 They recount that officers from the Akron Police Department's Street Narcotics Uniform Detail (“SNUD”) were patrolling an area in Akron known for its drug activity. While checking on a particular residence where three brothers lived who had all been arrested by the SNUD for drugs, they observed a white Chevy Suburban stopped in the middle of the street dropping off several individuals at the residence. One of the occupants, upon exiting the vehicle, saw the police car approaching and leaned back into the vehicle appearing to warn the occupants. The Suburban abruptly drove away, passing the police cruiser as it approached. (Malick Aff. ¶¶ 4-5; Male Aff. ¶¶ 4-5.) One of the officers observed the Suburban, driven by a black male later identified as Hassan Collins (“Collins”), roll through the stop sign and fail to signal as it made a northbound turn. (Carney Aff. ¶ 5.)
The officers followed the Suburban, using lights and sirens and attempting to make a stop. Collins refused to stop until, after an eight-minute high-speed pursuit through residential areas, he finally stopped in front of Lockett's apartment building. SNUD officers, Detective Donnie Williams, Detective Michael Gilbride and Officer Christopher Carney, struggled to arrest Collins, who refused verbal commands. Numerous knee strikes by the officers were also ineffective to bring him down. Sergeant Timothy Givens eventually tasered Collins and Sergeant Jason Malick and Officer Ted Male were then able to handcuff him. (Malick Aff. ¶¶ 6-8; Male Aff. ¶¶ 7-8; Givens Aff. ¶¶ 6; Carney Aff. ¶¶ 5-6.)
Lockett and her guests heard noises coming from outside. Young, his wife, and two of their children went out to investigate. As they left Lockett's apartment through the front door, they left it open behind them. (Lockett Dep. at 43-44, 47.) Lockett, who stood by a chair near the open door, observed what was happening outside. ( Id. at 47.) She saw SNUD officers subduing and arresting a black male. She also saw a “bunch of kids forming on the other side, like school kids.” ( Id. at 47-48.) The officers testified that people in the crowd, including Young, began shouting at them. (Malick Aff. ¶ 9; Carney Aff. ¶ 8; Givens Aff. ¶ 7.) 8 Lockett heard Young reacting to the fact that a police officer had hit the arrestee, say: “[M]an, ya'll didn't have to do him like that[,]” to which she heard the officer respond: “It ain't none of your business, shut up.” ( Id. at 48.) Malick, however, testified that Young shouted: (Malick Aff. ¶ 10.) 9
Officers believed Young was inciting the crowd. (Carney Aff. ¶ 8; Givens Aff. ¶ 8.) Malick and Givens ordered him to back away and go back into the house, but Young refused and “continued his tirade, screaming obscenities at the officers.” (Malick Aff. ¶ 10; see also Carney Aff. ¶ 10; Givens Aff. ¶ 9.) Due to the “increased hostility of the crowd toward [the] officers [,] [Malick] made the decision to have Young arrested.” (Malick Aff. ¶ 10; Givens Aff. ¶ 10.) 10 Givens and other officers approached Young and told him he was under arrest. Rather than submit, he turned and fled toward Lockett's open door. (Malick Aff. ¶ 11; Carney Aff. ¶¶ 10-11; Givens Aff. ¶¶ 10-11.) 11 The officers ran after Young, and Givens grabbed him before he entered Lockett's front door. (Givens Aff. ¶ 11.) Young, however, did not stop; he continued to run, even though Givens never lost his hold. Momentum carried Young and Givens through the door and into Lockett's residence. (Givens Aff. ¶ 11; Malick Aff. ¶ 12; Carney Aff. ¶ 12.) Carney and Male followed to assist Givens in securing Young. (Carney Aff. ¶ 12; Male Aff. ¶ 9.) Young was tackled onto a chair in Lockett's living room. He resisted the officers but, after Givens delivered three closed-fist strikes to Young's mid-section, Male and Carney were able to handcuff Young. (Givens Aff. 13; Carney Aff. 14.)
When they went into the apartment, the officers were unaware that Lockett was standing near the front door; none took any purposeful action against her. (Malick Aff. ¶ 13; Male Aff. ¶¶ 10-12; Carney Aff. ¶¶ 15-16; Givens Aff. ¶¶ 14-15; see also Lockett Dep. at 97-98.) She claims, however, to have been pushed by one of the officers, causing her to fall against the arm of her couch and resulting in injury to her hip and back. (Lockett Dep. at 55.) Lockett describes the area where she was standing in her living room as “tight” and admits that she was in the direct path of the officers and that no officer intentionally pushed her down. ( Id. at 54, 93, 97-98.) The officers recall no physical contact between any of them and Lockett; however, they admit they were very focused on arresting Young and acknowledge that any contact there might have been with Lockett would have been unintended. (Male Aff. ¶ 12-13; Carney Aff. ¶ 17; Givens Aff. ¶ 16-17.)
Charges were filed against Young in Akron Municipal Court for inciting violence, resisting arrest, disorderly conduct and failure to disperse. After plea negotiations, Young pled guilty to inciting violence and the remaining charges were dismissed. (Hazen Affidavit.) 12
A. Summary Judgment Standard
Federal Rule of Civil Procedure 56(c)(2) governs summary judgment motions and provides:
The judgment sought should be rendered if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.
Rule 56(e) specifies the materials properly submitted in connection with a motion for summary judgment:
(1) In General. A supporting or opposing affidavit must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant is competent to testify on the matters stated. If a paper or part of a paper is referred to in an affidavit, a sworn or certified copy must be attached
to or served with the affidavit. The court may permit an affidavit to be supplemented or opposed by depositions, answers to interrogatories, or additional affidavits.
(2) Opposing Party's Obligation to Respond. When a motion for summary judgment is properly made and supported, an opposing party may not rely merely on allegations or denials in its own pleading; rather, its response must-by affidavits or as otherwise provided in this rule-set out specific facts showing a genuine issue for trial. If the opposing party does not so respond, summary judgment should, if appropriate, be entered against that party.
However, the movant is not required to file affidavits or other similar materials negating a claim on which its opponent bears the burden of proof, so long as the movant relies upon the absence of the essential element in the pleadings, depositions, answers to interrogatories, and admissions on file. Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).
In reviewing summary judgment motions, this Court must view the evidence in a light most favorable to the non-moving party to determine whether a genuine issue of material fact exists. Adickes v. S.H. Kress & Co., 398 U.S. 144, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970); White v. Turfway Park Racing Ass'n, 909 F.2d 941, 943-44 (6th Cir.1990). A fact is “material” only if its resolution will affect the outcome of the lawsuit. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Determination of whether a factual issue is “genuine” requires consideration of the applicable evidentiary standards. Thus, in most civil cases the Court must decide “whether reasonable jurors could find by a preponderance of the evidence that the [non-moving party] is entitled to a verdict.” Id. at 252, 106 S.Ct. 2505.
Summary judgment is appropriate whenever the non-moving party fails to make a showing sufficient to establish the existence of an element essential to that party's case and on which that party will bear the burden of proof at trial. Celotex, 477 U.S. at 322, ...
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