Naselroad v. Mabry
| Decision Date | 22 April 2016 |
| Docket Number | Civil Action No. 5: 14-389-DCR |
| Citation | 184 F.Supp.3d 534 |
| Parties | Joel D. Naselroad, Plaintiff, v. Dennis Mabry, et al., Defendants. |
| Court | U.S. District Court — Eastern District of Kentucky |
R. Tucker Richardson, III, Russell James Baldani, Baldani, Rowland & Richardson, Edward L. Cooley, Lexington, KY, for Plaintiff.
Charles David Cole, Derrick T. Wright, Patsey Ely Jacobs, Sturgill, Turner, Barker & Moloney PLLC, D. Barry Stilz, Kimberly J. O'Donnell, Robert Coleman Stilz, III, Kinkead & Stilz, PLLC, Lexington, KY, Jeffrey C. Mando, Jennifer Haddad Langen, Adams, Stepner, Woltermann & Dusing, PLLC, Covington, KY, for Defendants.
Plaintiff Joel Naselroad claims that the defendants violated his constitutional rights when they conducted a "knock and talk" that resulted in his shooting. [Record No. 43, ¶¶ 46–52] The plaintiff also alleges several related state law claims. [Id. , ¶¶ 53–83] This matter is pending for consideration of the motions for summary judgment filed by the defendant-officers and their respective employers. [Record Nos. 95; 97; 100] The defendants contend that they are entitled to summary judgment due to: (i) the doctrine of qualified immunity; (ii) the reasonableness of their actions on the day in question; and (iii) the fact that certain claims are merely "gap-fillers." Finally, the defendants contend that the facts do not otherwise support the plaintiff's allegations. For the reasons outlined below, the defendants' motions for summary judgment will be granted, and Naselroad's claims will be dismissed.
On October 8, 2013, Captain Paul Howard contacted Detective Mark Craycraft, a deputy with the Clark County Sheriff's Department, regarding a Winchester resident's complaint concerning a marijuana growing operation in Clark County, Kentucky. [Record No. 105, p. 6] Craycraft called the complainant, Betsy Spengler, who informed that her daughter's boyfriend had seen the marijuana plants on the Naselroad's property when he was hunting on October 7, 2013. [Record No. 108, p. 9] Craycraft then contacted Paris Police Officer Robert Puckett and Trooper Dennis Mabry for the purpose of conducting a visit to the Naselroad residence. [Record No. 105, p. 9] Captain Howard contacted Deputy Sheriff John Gurley to meet the officers at a Winchester, Kentucky Wal-Mart before the visit.1 [Record No. 107, p. 6]
Around 10:00 a.m., the officers traveled to the Naselroad residence to conduct a "knock and talk," and attempt to obtain consent to search a property. [Record Nos. 104, p. 48; 107, p. 10] The officers traveled to the subject property in a marked cruiser. [Record No. 107, p. 6] Jeannie Naselroad, the plaintiff's mother, answered the officer's knock, and Detective Craycraft and Deputy Sheriff Gurley identified themselves and informed Ms. Naselroad about Spengler's complaint. [Record No. 105, pp. 12–13] Gurley was in uniform. [Record No. 107, p. 6] Detective Mabry and Officer Puckett remained at their cars during this initial interaction with Ms. Naselroad. [Record No. 106, pp. 8–10] At that point, the plaintiff claims that he walked out the rear entrance of the residence without knowledge that anyone was at the door. [Record No. 103, pp. 91, 97]
Earlier that morning, while reviewing images from the trail camera maintained near the marijuana plants, Naselroad had discovered that an unknown masked man had been on his parents' property. [Record No. 103, pp. 69–76, 87–94] The man was Eric Miller, the boyfriend of witness Spengler's daughter, but Naselroad was not aware of his identity. [Record Nos. 103, p. 93; 108, p. 20] Jeannie Naselroad reports that her son stated he was going to kill the man in the images, and Naselroad admits that he may have made that statement.2 [Record Nos. 104, pp. 59–60; 103, p. 130] Naselroad changed into camouflage and brought his gun when exiting the rear door of the house. [Record No. 103, pp. 237–38, 256] Craycraft claims that he saw Naselroad exiting the house and that he yelled, "he's going out the back," but Naselroad did not hear the statement.3 [Record Nos. 105, pp. 15–19; 103, pp. 133–34] Jeannie Naselroad confirmed that Naselroad was still in the house when she opened the door to address the officers initial knock. [Record No. 104, p. 164]
Subsequently, Craycraft moved toward the left side of the house, where he entered a "breezeway" between the house and a "smokehouse or root cellar." [Record Nos. 105, pp. 23–27; 103, pp. 105–108] When Craycraft was half-way down the breezeway toward the Naselroads' backyard, Naselroad heard him say, "hey buddy." [Record No. 103, pp. 111, 113, 117] Naselroad was standing in the yard near a cistern at the time. [Id. , pp. 109–110] Without realizing that Craycraft was a police officer and noticing that Craycraft had a holstered gun, Naselroad pulled out his gun and pointed it toward Craycraft.4 [Id. , pp. 111–12, 132, 147, 267] At one point in his deposition, Naselroad asserted that he thought Craycraft pulled out his weapon at the same time, but that he did not point it at Naselroad, instead moving behind a wall. [Id. , pp. 145–46] However, in response to the question "you were the first to pull the gun; correct?," the plaintiff stated "I guess I was." [Id. , p. 229] Naselroad also admits that he may have attempted to place a bullet in the chamber of the gun. [Id. , p. 231]
Meanwhile, Mabry had gone around a woodshed on the left side of the residence to enter the backyard. [Record No. 100–12, pp. 27–28] He was not wearing a bulletproof vest. [Id. , p. 65] Maybry did not enter the yard or draw his weapon until he heard Craycraft yell "[g]un, gun, he's got a gun."5 [Id. , p. 33] Naselroard claims that he next heard Mabry yell "drop the gun" two times.6 [Record No. 103, p. 132] Naselroad turned to look at Mabry, then looked back at Craycraft. [Id. , pp. 117–19; Record No. 100–12, p. 36] By the time he heard Mabry identify himself as a police officer, Mabry shot Naselroad. [Record No. 103, p. 133] Only about 15 seconds passed between the time Naselroad exited the rear door and Mabry's firing of his weapon. [Id. , p. 230] Naselroad remembers some of the officers trying to administer aid to him at that point. [Id. , p. 136] Naselroad states that he was not aware of Gurley's and Puckett's presence until after he was shot. [Id. , p. 151] Jeannie Naselroad confirmed that she could see Puckett in front of the house until after the shooting. [Record No. 104, pp. 185–86]
Following the events of October 8, 2013, the Kentucky State Police charged Naselroad with two counts of wanton endangerment, cultivation of marijuana, possession of marijuana, and possession of drug paraphernalia. A state grand jury indicted him on these charges, adding a third wanton endangerment charge. [Record Nos. 43, ¶ 36; 95–7] Thereafter, Naselroad was convicted of possessing marijuana and drug paraphernalia, but acquitted on the wanton endangerment and marijuana cultivation charges. [Record Nos. 95–8; 97–8]
On October 6, 2014, Naselroad filed the present action, alleging constitutional violations by the defendants under 42 U.S.C. § 1983, as well as related state law claims. [Record No. 1] The next day, he filed an Amended Complaint. [Record No. 5] Following the entry of Memorandum Opinions regarding several motions to dismiss and the filing of Naselroad's Second Amended Complaint, the following claims remain: (i) Fourth Amendment excessive force and/or search and seizure claims under 42 U.S.C. § 1983 against Mabry, Craycraft, Puckett, and Gurley;7 (ii) civil conspiracy claims under 42 U.S.C. §§ 1983 and 1985 against the defendant-officers; (iii) municipal liability claims under § 1983 against Berl Purdue, in his official capacity, Clark County, and the City of Paris; (iv) an assault and battery claim against Mabry; (v) an intentional infliction of emotional distress ("IIED") claim against Mabry and Puckett;8 (vi) a negligence claim against Mabry and Puckett, and the entity-defendants, through the doctrine of respondeat superior ;9 (vii) a negligent supervision claim against the City of Paris;10 (viii) a false imprisonment claim against the defendant-officers, and the entity-defendants, through the doctrine of respondeat superior ; and (ix) a malicious prosecution claim against the defendant-officers, and the entity-defendants, through the doctrine of respondeat superior. [Record Nos. 43, pp. 9–17; 35, p. 2; 42, pp. 15–16]
The claims remain with respect to Officers Craycraft and Gurley in their individual capacities and in their official capacities as officers of the Clark County Sheriff's Department. [Record No. 35] Regarding Officer Puckett, the claims remain against him in his individual capacity and in his official capacity as an officer of the Paris Police Department.11 Naselroad's claim against Mabry in his official capacity as an officer with the Kentucky State Police was dismissed. [Id. ] For these claims, the plaintiff seek to recover compensatory and punitive damages, as well as injunctive relief requiring proper police training. [Record No. 43, pp. 17–18]
On February 8, 2016, Craycraft, Gurley, Purdue, and Clark County filed a motion for summary judgment. [Record No. 95] Next, Puckett and the City of Paris filed their motion for summary judgment, making several similar arguments. [Record No. 97] Lastly, Mabry submitted a motion for summary judgment, reiterating similar contentions. [Record No. 100]
Summary judgment is appropriate if there are no genuine disputes regarding any material facts and the movant is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(a) ; see Celotex Corp. v. Catrett , 477 U.S. 317, 322–23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) ; Chao v. Hall Holding Co. , 285 F.3d 415, 424 (6th Cir.2002). A dispute over a material fact is not "genuine" unless a reasonable jury could return a verdict for the nonmoving party. That is, the determination must...
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