Myers v. City of Charleston

• Decision Date: 10 March 2021
• Docket Number: CIVIL ACTION NO. 2:19-cv-00757
• Citation: Myers v. City of Charleston, CIVIL ACTION NO. 2:19-cv-00757 (S.D. W.Va. Mar 10, 2021)
• Parties: WALTER R. MYERS, et al., Plaintiffs, v. CITY OF CHARLESTON, et al., Defendants.
• Court: U.S. District Court — Southern District of West Virginia

WALTER R. MYERS, et al., Plaintiffs, v. CITY OF CHARLESTON, et al., Defendants.

CIVIL ACTION NO. 2:19-cv-00757

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION

March 10, 2021

MEMORANDUM OPINION AND ORDER

Pending before the Court is Defendants City of Charleston (the "City"), Job Ouma ("Ouma"), Erick Miller ("Miller"), and Steve Cooper's ("Cooper") (collectively, "Defendants") Motion for Summary Judgment.¹ (ECF No. 36.) For the reasons more fully explained below, the Court GRANTS IN PART and DENIES IN PART Defendants' motion.

I. BACKGROUND

This civil action arises out of the death of Adam Myers ("Adam") following an encounter with law enforcement officers on September 12, 2017. (ECF No. 1-1.) Plaintiffs are Walter Myers ("Walter"), Vivian Myers ("Vivian"), and the Estate of Adam Myers (the "Estate") (collectively, "Plaintiffs"). The factual background of this action spans two separate days and further brushes upon Adam's medical history. Therefore, the Court shall begin by reviewing the relevant information concerning Adam, as well as the incidents over September 11 and 12, 2017.

A. The Decedent, Adam Myers

Adam was diagnosed with schizoaffective disorder in or around October 2014, along with major depression and anxiety. (ECF 36-1 at 4.) While he had been prescribed medication, Adam would neglect to take it regularly, which resulted in him experiencing symptoms including paranoia, delusional thinking, and hallucinations. (ECF No. 41-1 at 6.) Adam had various encounters with law enforcement and other public agencies, including first responders, for suspected drug use, violence, and mental hygiene proceedings. (ECF Nos. 36-8 at 10-17; 36-9 at 1-8.) In one instance, Adam was at the Circuit Court for Kanawha County for a mental hygiene proceeding, where he disarmed a sheriff's deputy and was subsequently tasered multiple times. (ECF No. 36-8 at 14.) In another instance, during a visit to Thomas Memorial Hospital in South Charleston, Adam needed to be transported to "jail" as he had apparently assaulted several nurses, though the charges were eventually dismissed. (ECF No. 36-1 at 8-9.) Despite these occurrences, the Myers family described Adam as "caring, kind, gentle and loving." (ECF No. 41 at 1.)

B. September 11, 2017

On the evening of September 11, 2017, Adam was in a "downward spiral" and was acting in a "threatening" manner towards his father, Walter. (ECF No. 36-2 at 11-12.) Walter stated that Adam was obviously "distressed," and that Adam "was agitated and kept walking around the house and back and forth on the deck." (Id. at 12.) Vivian called 9-1-1 because Adam was being "aggressive" toward Walter, and "just doing things that were not usual or normal." (ECF No. 41-1 at 9.) During the call, Vivian informed the dispatcher that Adam was not taking his medications for his schizoaffective disorder and that Adam thought that Walter was "trying to do something tohim." (ECF No. 41-4 at 1.) Charleston police officers and medical personnel were dispatched to the scene. (Id.) Vivian reported to the officers and EMTs that Adam was not threatening or homicidal or suicidal. (ECF No. 41-1 at 10.) Vivian also said that the officers tried talking to Adam but did not discuss a "mental hygiene petition" with either her or Walter. (Id. at 9-10.) The entire incident lasted approximately one hour. (ECF No. 41-4 at 1.) Because Adam denied being homicidal or suicidal, had committed no crime, and did not display any obvious signs of distress, the officers and EMTs left the scene without taking any further action. (ECF No. 41-4 at 4-5.) Vivian recalled telling the officers before they left that "I hope we don't have to call you back." (ECF No. 41-1 at 10.)

C. September 12, 2017

Vivian stayed up late with Adam the night of September 11 and into the early morning of September 12 to "watch out for him." (Id. at 11.) After retiring to bed, the next thing that Vivian recalled was Adam "slapp[ing]" her door with an "urgent" need to get something to eat. (Id.) While Vivian was preparing a meal for Adam in the kitchen, Adam was "pacing around," like the night before. (Id.) At some point, Adam approached Walter, who was sitting in a reclining chair outside of the kitchen, "and was just kind of staring at him, . . . intently." (Id.) Without any apparent warning, Adam placed his hands around Walter's neck and began struggling with him. (Id.; ECF No. 36-2 at 14.)

At this point, with Adam on top of him, Walter "twisted around in the chair and got down trying to keep him from [getting his hands around Walter's neck]." (ECF No. 36-2 at 14.) Vivian attempted to tell Adam to "[t]ake [his] hands off [Walter]," and tried to get him back into the kitchen to eat. (ECF No. 41-1 at 11.) Unable to separate Adam from Walter, Vivian called911. (Id.) Now on the floor, Walter stated that Adam began "grabbing" at his eyes and bloodied his nose. (ECF No. 36-2 at 14.) Vivian was frantically attempting to get Adam off Walter by talking to him, hitting him on his back, and pulling on his shirt. (ECF No. 41-1 at 11.)

Officers Ouma and Miller were dispatched to the Myers' residence for an "active domestic." (ECF No. 36-13 at 2.) The dispatcher alerted the officers that there was an active "Officer Safety Alert" for the Myers' residence, which informed the officers of a suspect—Adam—who would actively fight law enforcement. (Id. at 2; ECF No 36-14 at 2.) With the information known to the Charleston Police Department (the "Department") at the time, Shift Commander James Duncan ("Duncan") advised both Ouma and Miller to upgrade their response to "Code 3," which includes the use of emergency lights and sirens on their patrol vehicles. (ECF No. 36-15 at 2.) While en route, another officer, Corporal Fields, informed Ouma and Miller that Walter Myers "only had one arm and was unable to physically defend himself.²" (ECF No. 36-13 at 2.)

Neither Vivian nor Walter saw the entirety of the interaction between Adam and the responding officers: Vivian was outside the home for the majority of the response, and Walter could not see because he had blood in his eyes. (ECF Nos. 36-1 at 24; 36-2 at 15.) Despite neither Walter or Vivian actually seeing what occurred, Officer Ouma wore a body camera during the incident, which recorded the event at issue.³ The video shows that Ouma and Miller arrived at the Myers' residence at approximately 12:16 p.m. (ECF Nos. 36-13 at 2; 36-16(b) at 00:10.)There, the officers found Vivian outside of the home, where she was "crying and screaming." (ECF Nos. 36-13 at 2; 36-16(b) at 00:10.) Vivian directed the officers into the house, stating that her son, Adam, was still inside. (ECF Nos. 36-13 at 2; 36-16(b) at 00:10.)

Upon entering the home through the rear entrance, Ouma and Miller observed Walter lying on the floor across the room. (ECF No. 36-16(b) at 00:35.) Walter, whom Ouma identifies as the "victim" in his General Investigative Supplementary Report, was "motionless" on the floor in the living room, near the window. (ECF No. 36-13 at 2.) Miller was reportedly unable to determine Walter's condition from where they first observed him. (ECF No. 36-14 at 2.) The officers then encountered Adam who was "standing to the right of the front door by the wall." (ECF Nos. 36-13 at 2; 36-16(b) at 00:44.) Ouma reported that he observed Adam with blood on his hands. (ECF No. 36-13 at 2.) Miller observed Adam holding a piece of paper in his hands. (ECF No. 36-14 at 2.) At that time, Adam was given verbal commands by the officers, but refused to comply. (ECF Nos. 36-13 at 2; 36-14 at 2; 36-16(b) at 00:44.) Officer Ouma and Miller attempted to detain Adam, and Adam began cursing. (ECF No. 36-16(b) at 00:54-01:12.) Adam continued to refuse compliance with the officers' verbal commands and "ma[de] it difficult to handcuff" him. (ECF Nos. 36-13 at 2; 36-16(b) at 01:12-02:45.) Finally, the officers were able to handcuff Adam while he was still standing. (ECF Nos. 36-13 at 2; 36-16(b) at 02:45.)

Adam apparently refused to comply with the officers' verbal commands following his handcuffing, so Ouma suggested to Miller that they "put him down." (ECF Nos. 36-13 at 2; 36-16(b) at 02:45.) Ouma attempted a leg sweep, but Adam remained standing. (ECF Nos. 36-13 at 2; 36-16(b) at 02:57.) Ouma attempted a second leg sweep, and this time, Adam lost his balance, and Ouma and Miller were able to hold him to the ground. (ECF Nos. 36-13 at 2; 36-16(b) at 03:01.) Ouma called for medics at approximately 12:18 p.m. (ECF Nos. 36-13 at 2; 36-16(b) at 03:27.) At that time, Miller checked on Walter's well-being, while Ouma stayed with Adam "with [his] hand on Adam's shirt to keep him from fleeing." (ECF Nos. 36-13 at 2; 36-16(b) at 03:27.) After several moments, Miller walked over to Adam and Officer Ouma and asked Adam, "you all right, bub?" (ECF No. 36-16(b) at 05:32.) Adam answered affirmatively, both with a verbal "yeah" and a grunt. (Id.) Ouma checked on Adam continuously during this period and reported that Adam "appeared fine." (ECF No. 36-13 at 2.)

While Ouma kept Adam on the floor, Miller took Ouma's body camera to inspect and document Walter's condition. (ECF No. 36-16(b) at 05:40.) Walter was lying on the floor of the living room, directly in front of a window. (Id. at 05:46.) Walter's face was bloodied from an apparent cut above his eye, and blood covered numerous documents—which appeared to be mail—and stained the carpet next to him. (Id. at 05:51.) Miller asked Walter if he was okay, to which Walter replied in the affirmative, but that he couldn't see due to the blood in his eyes. (Id. at 05:55-05:59.) Walter then asked Miller if Adam had his eyeglasses and stated that Adam had taken them, but that Walter did not know what Adam had done with them. (Id. at 06:05-06:08.) After asking Ouma whether he had found glasses on Adam, Miller then asked Walter if he had lost consciousness at all during the scuffle with Adam, to which Walter...