Mayfield v. Brewer

• Decision Date: 22 October 2014
• Docket Number: CIVIL ACTION NO. 2:13-cv-73-KS-MTP
• Parties: SAMUEL MAYFIELD PLAINTIFF v. MARK BREWER, in his official and individual capacity and CITY OF LAUREL, A Municipal Corporation DEFENDANTS
• Court: U.S. District Court — Southern District of Mississippi

SAMUEL MAYFIELD PLAINTIFF
v.
MARK BREWER, in his official and individual capacity and CITY
OF LAUREL, A Municipal Corporation DEFENDANTS

CIVIL ACTION NO. 2:13-cv-73-KS-MTP

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION

October 22, 2014

MEMORANDUM OPINION AND ORDER

This matter is before the Court on the Motion for Summary Judgment [98] of the Defendants Mark Brewer and the City of Laurel, Mississippi. Having considered the submissions of the parties, the record, and the applicable law, the Court finds that the motion should be granted in part and denied in part.

I. BACKGROUND

The Plaintiff Samuel Mayfield asserts several claims under Title 42 U.S.C. § 1983 arising from his arrest for failure to comply with a police command and resisting arrest on February 8, 2013. Defendant Mark Brewer is a Sergeant with the City of Laurel Police Department. Sergeant Brewer is the law enforcement officer that arrested Mayfield.

On February 8, the Laurel Police Department (the "Department") received a 911 call concerning a robbery occurring outside of the Walgreens in the City of Laurel (the "City"). The caller advised that a black male wearing all brown clothing had snatched a woman's medication from her hand and taken off running. The dispatcher was also advised that no one was hurt and that the suspect did not have a weapon. Shortly after this initial call, another individual contacted the Department concerning the incident.

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This individual stated that she had been listening to the police radio and a black male matching the description of the suspect and carrying a bag of medication recently entered a nearby Waffle House. Information regarding the robbery and the suspect's possible location was dispatched to officers on patrol in the City. Sergeant Brewer received this information while he was on duty in his police car, alone.

At his deposition, Mayfield testified to the following circumstances relating to his arrest by Sergeant Brewer on February 8. At that time, Mayfield was employed by the City as a skilled laborer in its public works department. (See Mayfield Dep. [105-1] 28:17-30:1.) Mayfield reported to work wearing his city uniform, which mostly consisted of brown clothing. (See Mayfield Dep. [105-1] 42:19-25.) Mayfield received permission from his supervisor to go to the MEA Clinic during lunch because he felt sick that day. (See Mayfield Dep. [105-1] 38:2-39:2.) Mayfield was diagnosed with strep throat and prescribed certain medications at the MEA Clinic. (See Mayfield Dep. [105-1] 39:1023.) After leaving the MEA Clinic, Mayfield went to the Thirteenth Avenue Pharmacy and had his prescriptions filled. (See Mayfield Dep. [105-1] 39:24-40:2.) Mayfield then went to the Waffle House and ordered a bowl of chili to go since he had a few minutes remaining on his lunch break. (See Mayfield Dep. [105-1] 41:4-42:7.) Upon exiting the Waffle House, Mayfield observed Sergeant Brewer pull into the parking lot in his police car. (See Mayfield Dep. [105-1] 43:20-44:8.) Sergeant Brewer exited the car and basically told Mayfield, "[G]et your ass over here to this car." (Mayfield Dep. [105-1] 51:4-7.) Mayfield then began walking toward Sergeant Brewer and "asked him what's the problem; what's going on." (Mayfield Dep. [105-1] 45:22-46:2.) Sergeant Brewer next grabbed Mayfield's arm and took him to the police car. (See Mayfield Dep. [105-1]

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47:1-48:6.) Sergeant Brewer told Mayfield that he "had robbed Walgreen's or took something from Walgreen's." (Mayfield Dep. [105-1] 49:2-3.) Upon reaching the police car, Sergeant Brewer slammed Mayfield onto the hood, told Mayfield he was under arrest, and placed his right arm in handcuffs. (See Mayfield Dep. [105-1] 50:8-9, 51:8-52:7.) Mayfield then raised his left arm, questioned why he was being handcuffed, and denied any wrongdoing. (See Mayfield Dep. [105-1] 52:10-53:8.) At that point, Sergeant Brewer had control of Mayfield's right arm. (See Mayfield Dep. [105-1] 54:1-6.) Also, other officers had surrounded Mayfield and were going through his wallet and belongings. (See Mayfield Dep. [105-1] 54:4-55:3.) Sergeant Brewer next grabbed Mayfield's left arm and placed it behind his back. (See Mayfield Dep. [105-1] 58:9-14.) Mayfield did not tense up or offer any resistance upon his left arm being grabbed. (See Mayfield Dep. [105-1] 58:18-59:4.) After both of Mayfield's arms were behind his back, Sergeant Brewer struck Mayfield in the buttocks with his knee three or four times. (See Mayfield Dep. [105-1] 55:4-6, 61:13-19.) Mayfield was then lifted off of his feet and taken to the ground. (See Mayfield Dep. [105-1] 55:7-10.) Approximately ten to fifteen seconds passed between the time Mayfield raised his left hand and he was taken to the ground. (See Mayfield Dep. [105-1] 56:20-25.) Mayfield did not resist being handcuffed before he was taken to the ground. (See Mayfield Dep. [105-1] 115:15-17.) Upon striking the ground, Mayfield was knocked unconscious for approximately fifteen seconds. (See Mayfield Dep. [105-1] 61:24-62:1.) When he came to, Mayfield noticed three or four officers standing over him; also, Sergeant Brewer had his knee or foot on Mayfield's back. (See Mayfield Dep. [105-1] 62:2-12.) Mayfield was in pain; he thought his left foot was broken. (See Mayfield Dep. [105-1] 63:14-19.) At no time did Mayfield

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resist being arrested or disobey any of Sergeant Brewer's commands. (See Mayfield Dep. [105-1] 117:16-21.) Later that day, after he was booked and released from jail, Mayfield was taken by ambulance to South Central Regional Medical Center, where he was advised that he had three fractures in his left foot. (See Mayfield Dep. [105-1] 70:16-71:13.)

Sergeant Brewer testified by deposition to the following particulars relating to this dispute. The Department dispatcher advised that the witness to the robbery at Walgreen's stated that she did not see a weapon. (See Brewer Dep. [105-2] 16:4-12.) Sergeant Michael Reaves and Sergeant Brewer arrived at the Waffle House at approximately the same time. (See Brewer Dep. [105-2] 18:3-9.) Upon his arrival at the Waffle House, Sergeant Brewer observed Mayfield exit the door, wearing all brown and carrying a bag of medicine. (See Brewer Dep. [105-2] 23:7-18.) Sergeant Brewer told Mayfield to come over and place his hands on the police car. (See Brewer Dep. [105-2] 24:1-20.) Mayfield kept walking away from Sergeant Brewer and said something to the effect of, "What do you want? I haven't done anything." (Brewer Dep. [105-2] 25:3-26:1.) Sergeant Brewer then seized Mayfield's hand and pulled him over to the police car. (See Brewer Dep. [105-2] 29:4-30:6.) As Sergeant Brewer took Mayfield to the police car, he told Mayfield to place his hands on the car. (See Brewer Dep. [105-2] 30:18-25.) Mayfield initially complied, but then started pushing off the car and removing his hands while steadily asking what he had done and denying any wrongdoing. (See Brewer Dep. [105-2] 31:4-18.) Sergeant Brewer was able to place one of Mayfield's arms in handcuffs, but Mayfield kept flailing his other arm and moving his body such that Sergeant Brewer was unable to secure his other arm. (See Brewer

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Dep. [105-2] 33:5-34:9.) Sergeant Brewer repeatedly instructed Mayfield to place his hands behind his back and stop resisting. (See Brewer Dep. [105-2] 34:17-35:16.) Mayfield did not comply with these instructions. (See Brewer Dep. [105-2] 34:17-35:16.) After struggling with Mayfield for several seconds, Sergeant Brewer attempted to place a knee strike to Mayfield's common peroneal, a nerve running down his thigh. (See Brewer Dep. [105-2] 39:13-40:21.) Sergeant Brewer missed and struck Mayfield's buttocks. (See Brewer Dep. [105-2] 41:7-9.) Sergeant Brewer then took Mayfield to the ground so that he could have more control and finish the arrest. (See Brewer Dep. [105-2] 41:10-20.) Sergeant Reaves did not assist Sergeant Brewer in his efforts to place Mayfield in handcuffs. (See Brewer Dep. [105-2] 44:1-9.) Other police officers arrived on the scene after Sergeant Brewer had Mayfield on the ground. (See Brewer Dep. [105-2] 38:21-24.) Once Mayfield was handcuffed, Sergeant Brewer determined that he was not the suspect as to the Walgreen's robbery because the medication Mayfield was carrying belonged to Mayfield. (See Brewer Dep. [105-2] 44:10-45:2.) Nonetheless, Mayfield was arrested for failing to comply with a police command and resisting arrest. (See Brewer Dep. [105-2] 38:2-20.) Mayfield never displayed a weapon or threatened anyone before Sergeant Mayfield used force against him. (See Brewer Dep. [105-2] 29:16-20, 36:16-22.)

The parties have placed into the record two videos of Mayfield's arrest. Both videos were obtained from security cameras at the Waffle House. One video shows a wide view of the scene (the "Wide Video"), and captures Sergeant Brewer and Mayfield's initial interactions outside the Waffle House. The second video has a narrower focus (the "Narrow Video"), and better shows Sergeant Brewer and Mayfield's

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interactions at Sergeant Brewer's police car. Neither the Wide Video nor the Narrow Video contains an audio track. Furthermore, in the Court's view, neither video conclusively establishes whether Mayfield actively resisted Sergeant Brewer's efforts to detain and arrest him. The Narrow Video does appear to show Mayfield raising one of his arms and...