Meadours v. Ermel
| Decision Date | 02 April 2007 |
| Docket Number | No. 05-20764.,05-20764. |
| Citation | 483 F.3d 417 |
| Parties | Stennie MEADOURS, Individually and as Personal Representative of the Estate of Robert Meadours; Bruce Meadours, Individually and as Personal Representative of the Estate of Robert Meadours; and Katie Raterink, Plaintiffs-Appellees, v. Steven R. ERMEL, et al., Defendants, Steven R. Ermel; Jeffrey Dalton; Jeffrey N. Kominek; Steven M. Martin, Defendants-Appellants. |
| Court | U.S. Court of Appeals — Fifth Circuit |
John Jeffery Mundy (argued), Mundy & Singley, Austin, TX, for Plaintiffs-Appellees.
William S. Helfand (argued), Norman R. Giles, Chamberlain, Hrdlicka, White, Williams & Martin, Houston, TX, for Defendants-Appellants.
Appeal from the United States District Court for the Southern District of Texas.
Before REAVLEY, DeMOSS and BENAVIDES, Circuit Judges.
The Defendants-Appellants, four City of La Porte, Texas police officers (collectively, "the officers"), shot and killed Bob Meadours in October 2001. Meadours' estate, his parents, and sister (collectively, "Plaintiffs" or "Appellees") brought a claim under 42 U.S.C. § 1983 asserting that the officers used excessive force. They also brought state law tort claims. The officers moved for summary judgment on the basis of qualified immunity and also official immunity under Texas law, but the district court denied the motion citing the existence of genuine issues of material fact. Because we lack jurisdiction to review the finding that genuine factual issues exist, and we agree with the district court that the factual disputes are material, we affirm.
On the evening of October 29, 2001, Meadours' sister, Katie Raterink, contacted 911 to request mental health assistance for Meadours. Meadours' mental state had steadily deteriorated following the September 11, 2001 attacks, and for the week prior to the call he was having what Raterink described as a "mental episode." During that episode Meadours was paranoid and delusional and thought his neighbors were "out to get him." In the days and hours leading up to Raterink's 911 call, Meadours' behavior had become increasingly bizarre, and Meadours believed that if his feet touched the ground while the sun was out, he would die.
In her call Raterink made it clear she was seeking mental health assistance for her brother and not reporting a crime. However, Raterink did inform the dispatcher that Meadours had "flipped out" and she did not know what he was going to do.
City of La Porte police officers Dalton and Martin, along with one EMS unit, were dispatched. Officer Kominek and Sergeant Ermel also responded. The officers and the EMS unit contacted Raterink at the edge of Meadours' neighborhood and talked with her for seven to eight minutes. During that conversation Raterink informed the officers about some of Meadours' paranoid and delusional behavior and she requested that he be taken for treatment. She also warned the officers that Meadours was a large and strong man (he was 6 feet 2 inches and weighed 203 pounds), that he possessed a number of tools that could be used as weapons, and that Meadours feared the possibility of being involuntarily hospitalized.1 In her deposition Raterink stated that she informed the officers of Meadours' size only so they would not be surprised by his large frame and hurt him.
After the officers spoke with Raterink, they decided to contact Meadours and secure the scene prior to the EMS approaching him. As the officers neared the house, the interior and exterior house lights turned off, making the area very dark. Two officers—Dalton and Martin—approached the front door while Officer Kominek walked around the side of the house to the backyard.
As Officer Kominek entered the backyard he observed Meadours sitting in a swing wearing between four and six baseball caps and a tool belt with a stuffed animal attached to it. Kominek claims he stated "Hello, Bob, Police Department." Shortly thereafter, Meadours stood up and Kominek stated he could see that Meadours was holding a large screwdriver, later identified as being 10 ¾ inches long. At this point Officers Martin and Dalton joined Kominek in the backyard. The officers claim they repeatedly commanded Meadours to drop the screwdriver. Meadours refused and Officer Martin radioed Sergeant Ermel (who was still in front of the house) to join them and bring a beanbag shotgun.
Ermel entered the backyard and observed Meadours with the screwdriver. The officers claim Meadours' behavior became increasingly aggressive and he began kicking something attached to the ground. The officers have since stated that based on Meadours' behavior, they felt that Meadours was a threat to himself and others, and that the officers could not simply leave or allow Meadours to leave. After Meadours again refused to drop his weapon, Ermel claims he instructed two officers to prepare to subdue Meadours and one officer to cover him as he fired the beanbag shotgun. Ermel then fired one beanbag round that struck Meadours in the upper thigh area.
In response, Meadours ran and jumped over a fence into a dog pen and climbed atop a doghouse, retaining possession of the screwdriver. Officers Dalton, Martin, and Kominek followed Meadours into the pen. The officers again ordered Meadours to drop his weapon, and he again refused. Ermel shot Meadours with a second beanbag round, but Meadours remained atop the doghouse with the screwdriver.
Ermel fired a third beanbag round that the officers claim knocked Meadours off the doghouse. On this point there is significant disagreement, as the Plaintiffs claim that it was bullet, not a beanbag round, that knocked Meadours from the doghouse.2 After falling/jumping from the doghouse, Meadours began to run toward a door leading to the garage with the screwdriver held in what the officers describe as a "stabbing grip." According to the officers, Kominek was standing near that door and they felt that Meadours was charging at Kominek with the screwdriver. Responding to the perceived threat, officers Dalton, Kominek, and Martin stated they repeatedly fired their service weapons, each a different caliber, killing Meadours. A total of twenty-three shots were fired, with fourteen striking Meadours, although the shooting only lasted a few seconds.
The Plaintiffs brought a 42 U.S.C. § 1983 claim against the City of La Porte and the officers, alleging that the officers violated Meadours' constitutional rights by subjecting him to excessive force. The Plaintiffs also brought state law claims against the officers for gross negligence, assault and battery, and intentional infliction of emotional distress. Additionally, Raterink brought a claim for bystander recovery.
After extensive discovery all defendants moved for summary judgment. The district court granted the City of La Porte's motion, and it is not a party to this appeal. See Meadours v. Ermel, No. H-04-102, 2005 WL 1923596, at *5-*6 (S.D.Tex. Aug.10, 2005). The court also granted the officers' motion with regard to Raterink's bystander liability claim and the Appellants have not cross-appealed that ruling. Id. at *10. The district court denied summary judgment on qualified immunity grounds because "there does exist a genuine issue of material fact as to whether the force they utilized" was unreasonable. Id. at *8. Lastly, the court denied the officers' motion for summary judgment on the Plaintiffs' state law claims. Id. at *9-*10. The officers timely appealed.
As a threshold matter, the officers argue that in determining the applicability of qualified immunity we should consider the conduct of each officer independently. The district court, however, analyzed the officers' actions collectively, because it found they acted in unison. Id. at *6. In reaching that result the district court relied on Jacobs v. West Feliciana Sheriff's Department, 228 F.3d 388, 395 (5th Cir. 2000). In Jacobs, we noted that the defendants did not act in unison, and held that, "[a]ccordingly ... we examine each individual defendant's entitlement to qualified immunity separately." 228 F.3d at 395. Relying on this statement, the district court fashioned a rule that if defendants act in unison, their conduct should be considered collectively.
The district court's finding that the officers acted in unison is a finding of fact that we cannot review at this stage. See Flores v. City of Palacios, 381 F.3d 391, 394 (5th Cir.2004). But even accepting that factual finding, we hold that the district court erred in considering the officers' actions collectively.
The district court's decision to consider the officers' actions collectively because it found they acted in unison extends the holding of Jacobs beyond what prudence and case law allows. See Stewart v. Murphy, 174 F.3d 530, 537 (5th Cir.1999) (). Further, we have consistently examined the actions of defendants individually in the qualified immunity context. See Hernandez v. Tex. Dep't of Protective & Regulatory Servs., 380 F.3d 872, 883-84 (5th Cir.2004) (); see also Atteberry v. Nocona Gen. Hosp., 430 F.3d 245, 253 (5th Cir. 2005) (same); see also Tarver v. City of Edna, 410 F.3d 745, 752-54 (5th Cir.2005) ().
Additionally, we have found no sound reason to extend Jacobs. The relevant part of Jacobs itself cites only the decision in Stewart, and that case makes only the blanket statement that "each defendant's subjective . . . [actions] must be examined separately" and does not contemplate an exception for defendants acting in unison. Stewart, 174 F.3d at 537.3
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