Mccoy v. Burns

• Decision Date: 18 November 2010
• Docket Number: Case No. 2:09–cv–00323.
• Parties: Dustin McCOY, Plaintiff,v.Patrolman Andrew BURNS, et al., Defendants.
• Court: U.S. District Court — Southern District of Ohio

756 F.Supp.2d 868

Dustin McCOY, Plaintiff,

v.Patrolman Andrew BURNS, et al., Defendants.

Case No. 2:09–cv–00323.

United States District Court, S.D. Ohio, Eastern Division.

Nov. 18, 2010.

Phillip Douglas Lehmkuhl, Mt. Vernon, OH, for Plaintiff.Kenneth Eugene Harris, Carl Andrew Anthony, Freund, Freeze & Arnold, Columbus, OH, for Defendants.

MEMORANDUM OPINION AND ORDER

JOHN D. HOLSCHUH, District Judge.

Following his conviction for disorderly conduct, Plaintiff Dustin McCoy filed suit under 42 U.S.C. § 1983 against his arresting officers, Defendants Andrew Burns and R. Matt Jones. Plaintiff seeks recovery for violations of his constitutional rights which allegedly occurred during the course of his arrest. This matter is currently before the Court on Defendants' motion for summary judgment. (Doc. # 19). For the reasons that follow, that motion is DENIED.

I. Background

On the evening of May 10, 2008, Plaintiff Dustin McCoy and his fiancée Kathryn Shults left their home in Mount Vernon, Ohio, for a night of drinking and dancing at a local bar named Banana Joe's. (McCoy Dep. pp. 53, 57; McCoy Aff. ¶ 12). Shortly before midnight, the couple was standing outside the bar when an unfamiliar woman approached them. (McCoy Dep. p. 58). Allegedly without provocation, the woman slapped Plaintiff across his face. (McCoy Dep. pp. 58, 60). Moments later, the woman's boyfriend appeared and also confronted Plaintiff. (McCoy Dep. p. 64). After a brief exchange, the man tackled Plaintiff, and soon, five or six men were holding Plaintiff to the ground. (McCoy Dep. pp. 64–65). Eventually the scuffle dispersed without police intervention, and Plaintiff sought refuge in a nearby alley. (McCoy Dep. p. 65).

Even though Plaintiff admits he was drunk before the altercation, he claims that afterwards “he was clear-headed” and “didn't feel drunk.” ( Id.). Sober or not, Plaintiff drove Shults home in his pickup truck. (McCoy Dep. pp. 58, 65–66). When he pulled onto their property, Plaintiff was angry and allegedly slammed his truck door so hard that the driver's side window shattered. (McCoy Dep. p. 68). After the two went inside, Shults realized that Plaintiff's arm was bleeding and went to grab him a towel. ( Id.). However, when Plaintiff noticed his arm, he fainted. ( Id.).

Meanwhile, Defendants Andrew Burns and R. Matt Jones were dispatched to Plaintiff's residence in their capacity as Mount Vernon city police officers on a domestic disturbance call. (Burns Aff. ¶¶ 3–4; Jones Aff. ¶¶ 3–4). Defendants were advised someone had driven a truck onto Plaintiff's lawn and that sounds of “breaking glass and yelling” followed. (Jones Aff. ¶ 4). When Defendant Jones arrived, Shults invited him inside and assured him that no domestic violence had occurred. (Jones Aff. ¶ 7; Shults Aff. ¶ 26). In the hallway, Defendant Jones saw Plaintiff lying unconscious on the floor with cuts on his left arm and right knuckles. (Jones Aff. ¶ 7; Jones Aff. Ex. 1; Shults Aff. ¶ 28). Defendant Jones called for medical assistance, but before the medics arrived, Plaintiff regained consciousness. (Jones Aff. Ex. 1; Shults Aff. ¶¶ 29–30).

At this point, the witness accounts begin to diverge. For instance, Plaintiff recalls:

Jones had walked in the house and was standing above me as I'm coming to, and I'm looking at him, and he said, “Are you all right?” I said, “I'm fine.” He said, “Let's go outside so you can get some fresh air.” I stood up on my own, walked right out, and I sat down right on my own and was perfectly fine until Burns pulled into the driveway.

(McCoy Dep. p. 68). Shults confirms this account, noting that “before Officer Burns arrived, when Dustin and I were talking to Officer Jones only, it seemed to me that Dustin and Officer Jones got along with each other very well, and very calmly.” (Shults Aff. ¶ 39). Conversely, Defendant Jones reports that Plaintiff “got up and started stating he was going to go back to the bar and ‘Fucking kill the mother fuckers that jumped him.’ ” (Jones Aff. Ex. 1). Although Shults denies that Plaintiff said this, Plaintiff admits that when Defendant Jones refused to take him to Banana Joe's to identify his alleged assailants, Plaintiff was “irritated.” (McCoy Aff. ¶ 16; Shults Aff. ¶ 48).

When Defendant Burns arrived, the situation only worsened. Plaintiff claims that Defendant Burns immediately “started cussing” at Plaintiff, while Defendant Burns maintains that Plaintiff “was intoxicated and kept standing up, throwing his arms up, and yelling that he was going to kill the ‘mother fuckers' who jumped him and broke his truck window at the bar.” (Burns Aff. Ex. 1; McCoy Aff. ¶ 18). According to Defendant Jones, Plaintiff exclaimed that “the fucking police need to go do their job or I am going to go back to the bar and fucking kill those mother fuckers.” (Jones Aff. Ex. 1). Shults specifically denies the latter statement. (Shults Aff. ¶ 49). Additionally, Plaintiff claims that he never “threatened to return to the bar and kill anyone.” (McCoy Aff. ¶ 46).

The medics soon arrived and tended to Plaintiff's arm. (Shults Aff. ¶ 33). Although Defendant Jones claims that Defendants had to tell Plaintiff to sit down so that the medics could treat him, Shults insists that Plaintiff “calmly allowed” the medics to clean and bandage his arm. (Jones Aff. Ex. 1; Shults Aff. ¶¶ 43, 70). Thereafter, Defendant Jones alleges that Plaintiff “started to shake his bloody hand in Ptl. Burns [sic] face in an attempt to tell his version of the fight that took place at the bar.” (Jones Aff. Ex. 1). However, Plaintiff and Shults insist that Plaintiff's arm had stopped bleeding once it was bandaged. (McCoy Aff. ¶ 17; Shults Aff. ¶ 35). Shults further adds that Plaintiff “did not spray blood around” after the medics cleaned and bandaged his arm. (Shults Aff. ¶ 43).

Defendant Jones recalls that when Defendants warned Plaintiff about his disorderly behavior, Plaintiff responded by saying “Fuck the Police they [sic] are stupid mother fuckers.” (Jones Aff. Ex. 1). Plaintiff acknowledges that he said this and that he continued to beg the Defendants to take him to Banana Joe's. (McCoy Aff. ¶ 19; McCoy Dep. p. 72). Defendants suggested that Plaintiff “sober up and come to the station in the morning to complete a report.” (Jones Aff. Ex. 1; McCoy Aff. ¶ 20). Defendant Jones further alleges that Plaintiff said “Fuck that I am going to go kill those mother fuckers with my ball bat.” (Jones Aff. Ex. 1). Shults disputes this, claiming that Plaintiff said only that he “ought” to do so. (Shults Aff. ¶ 51).

Defendants allege that they told Plaintiff to go inside several times or face arrest. (Burns Aff. Ex. 1; Jones Aff. Ex. 1). They also claim that when Plaintiff finally went inside, he “turned all the lights off” began “opening the windows to yell at neighbors.” (Burns Aff. Ex. 1; Jones Aff. Ex. 1). Defendants also accuse Plaintiff of cursing at his neighbors and “directing obscene and threatening gestures at them.” (Burns Aff. ¶ 8; Jones Aff. ¶ 10). Defendant Burns claims that “there were numerous neighbors outside their houses” due to the disturbance. (Burns Aff. ¶ 8). Shults takes issue with these allegations, insisting that their neighbors were outside to see the ambulance and returned inside when the medics left. (Shults Aff. ¶ 41). Shults also specifically denies that Plaintiff made obscene gestures towards their neighbors or Defendants and denies that Plaintiff ever threatened the neighbors or Defendants. (Shults Aff. ¶ 42). Plaintiff admits, however, that once inside, he “let the officers know in colorful language that [he] did not believe they were treating [him] fairly, and were not doing their jobs as police officers.” (McCoy Aff. ¶ 23).

Once Plaintiff was inside, Defendant Jones reports:

Ptl. Burns was talking to Shults on the back porch when McCoy again opened the door and demanded that we leave his property and not to talk to Shultz [sic]. Ptl. Burns again warned McCoy on his conduct and told him to get back in the residence and to be quiet. McCoy responded with “it's my house you [sic] can't tell me to shut my door”. [sic] Ptl. Burns again advised McCoy to shut the door or go to jail. McCoy failed to shut the door until Ptl. Burns walked in his direction.

(Jones Aff. Ex. 1). Shults claims that Plaintiff told her to “come inside and stop talking to the police so they would go away.” (Shults Aff. ¶ 54). Shults adds that she “urged the police to leave [their] property too.” ( Id.). Once inside, Shults claims that Plaintiff agreed to go to bed and began turning off their lights. (Shults Aff. ¶¶ 77, 79).

Despite the demands to leave, Defendants remained on the premises. After Shults went inside, Defendant Jones began taking pictures of Plaintiff's truck. (Burns Aff. Ex. 1; Jones Aff. Ex. 1). According to Defendant Jones:

While I was photographing McCoy again opened the door and started yelling at us and demanding to know what was going on and why we were messing around with his truck. Ptl. Burns and I approached the back door and advised McCoy to step out of the residence that he has had all the warnings he was going to get for disorderly conduct and that he was going to jail. McCoy refused to come outside but continued to slam on the police and state how he was going to “kill the mother fuckers at Banana Joes [sic] that beat him up.” McCoy then threw his arm out enough were [sic] Ptl. Burns was able to grab it in an attempt to get control of McCoy as he advised him he was under arrest. McCoy then ran back into his residence as he resisted arrest. Ptl. Burns and I got control of McCoy in the hallway and were able to secure him in handcuffs.

(Jones Aff. Ex. 1). Defendant Jones claims that after searching Plaintiff for weapons, Defendants placed Plaintiff in the back of a patrol car and drove him to the sheriff's office in Knox County, Ohio. ( Id.).

Defendant Burns tells a similar story:

Ms. Shults had gone inside and Ptl. Jones took some...