Neeley v. Grainger Cnty. Gov't, : 3:15-CV-180-TAV-HBG

• Decision Date: 28 February 2017
• Docket Number: No.: 3:15-CV-180-TAV-HBG,: 3:15-CV-180-TAV-HBG
• Parties: JANE NEELEY and RAY NEELEY, Plaintiffs, v. GRAINGER COUNTY GOVERNMENT, BEAN STATION MUNICIPALITY, and NATHAN COOK, individually, Defendants.
• Court: U.S. District Court — Eastern District of Tennessee

JANE NEELEY and RAY NEELEY, Plaintiffs, v. GRAINGER COUNTY GOVERNMENT, BEAN STATION MUNICIPALITY,and NATHAN COOK, individually, Defendants.

No.: 3:15-CV-180-TAV-HBG

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE

February 28, 2017

MEMORANDUM OPINION

This civil action is before the Court on the following motions: (1) defendant Bean Station Municipality's ("Bean Station") Motion to Dismiss Claims Brought by Jane Neeley [Doc. 16]; (2) plaintiff Ray Neeley's Motion to Substitute Party [Doc. 20]; (3) defendant Bean Station's Motion to Strike Plaintiffs' Motion to Substitute Party [Doc. 22]; (4) defendants Grainger County Government ("Grainger County") and Nathan Cook's Motion to Dismiss the Claims of Jane Neeley [Doc. 24]; (5) plaintiff Ray Neeley's Motion for Extension of Time Under Federal Rules of Civil Procedure 6(b) [Doc. 27]; (6) defendant Nathan Cook's Motion for Summary Judgment [Doc. 35]; (7) defendant Grainger County's Motion for Summary Judgment [Doc. 38]; (8) plaintiff Ray Neeley's Motion to Amend Pleading [Doc. 43]; (9) defendant Bean Station's Motion for Summary Judgment [Doc. 44]; and (10) plaintiff Ray Neeley's Motion for Extension of Time Within Which to File a Certificate of Good Faith or Excuse Compliance for Extraordinary Cause [Doc. 56]. The parties filed responses and replies to the pending motions [Docs. 18, 21, 23, 26, 28-32, 50-51, 55, 57-59, 61-62].

For the reasons that follow, the Court will: (1) grant defendant Bean Station's Motion to Dismiss Claims Brought by Jane Neeley [Doc. 16]; (2) deny plaintiff Ray Neeley's Motion to Substitute Party [Doc. 20]; (3) deny as moot defendant Bean Station's Motion to Strike Plaintiffs' Motion to Substitute Party [Doc. 22]; (4) grant defendants Grainger County and Nathan Cook's Motion to Dismiss the Claims of Jane Neeley [Doc. 24]; (5) deny plaintiff Ray Neeley's Motion for Extension of Time Under Federal Rules of Civil Procedure 6(b) [Doc. 27]; (6) grant in part and deny in part as moot defendant Nathan Cook's Motion for Summary Judgment [Doc. 35]; (7) grant in part and deny in part as moot defendant Grainger County's Motion for Summary Judgment [Doc. 38]; (8) deny plaintiff Ray Neeley's Motion to Amend Pleading [Doc. 43]; (9) deny as moot defendant Bean Station's Motion for Summary Judgment [Doc. 44]; and (10) deny as moot plaintiff Ray Neeley's Motion for Extension of Time Within Which to File a Certificate of Good Faith or Excuse Compliance for Extraordinary Cause [Doc. 56].

I. Background¹

Plaintiff Jane Neeley and her husband, plaintiff Ray Neeley, lived at 2624 Meadowbranch Road [Doc. 35-2 p. 3]. On October 18, 2014, at 9:22 a.m., Mr. Neeley called911 and told the dispatcher: "My wife has fallen on the floor. She is mentally confused" [Doc. 35-1, 911 Recording; Doc. 35-2 p. 37].² He provided that Mrs. Neeley is seventy-one years old [Doc. 35-1, 911 Recording; Doc. 35-2 p. 38]. He further stated: "She's got a problem. She's been in a hospital for nine days in Knoxville. With a colon blockage. They unblocked the wrong end of her, see. They should have unblocked her mind instead of her butt" [Doc. 35-1, 911 Recording; Doc. 35-2 p. 38]. Mr. Neeley also told the dispatcher: "What it is, we've gotten into it, and I'm tired of it" [Doc. 35-1, 911 Recording; Doc. 35-2 p. 38].

The 911 dispatcher sent Grainger County Emergency Medical Services ("EMS") and defendant Deputy Nathan Cook to 2624 Meadowbranch Road [Doc. 35-3 p. 2; Doc. 35-4 p. 2; see also Doc. 35-1, 911 Recording]. The dispatcher advised Cook that there had been a domestic incident [Doc. 35-3 p. 2; see also Doc. 35-1, 911 Recording].

The 911 dispatcher asked Mr. Neeley how long Mrs. Neeley had been on the floor, and he responded: "Damn near an hour. She's asked me to come in there and pick her up, but after what she's done, I ain't picking her up" [Doc. 35-1, 911 Recording; Doc. 35-2 p. 39]. Mr. Neeley then told the dispatcher how Mrs. Neeley had fallen and that he grabbed her in an "excited" fashion [Doc. 35-1, 911 Recording; Doc. 35-2 pp. 39-41]. He further stated: "And she swore up and down that I had got out of bed mad and pissed off and that's why I grabbed her what I did" [Doc. 35-1, 911 Recording; Doc. 35-2 p. 40]. Mr. Neeley then toldthe dispatcher: "I can't deal with her no more. I just can't deal with her no more. I'm going to get her some help or I'm going to get her out of this house" [Doc. 35-1, 911 Recording; Doc. 35-2 p. 41]. Mr. Neeley reiterated that Mrs. Neeley had been on the floor for an "[h]our and ten minutes," and he further told the dispatcher that Mrs. Neeley cannot walk and that he "refus[es] to pick her up now because [he's] not arguing with her no more" [Doc. 35-1, 911 Recording; Doc. 35-2 pp. 41-42].

Because Officer Cook was far away from the Neeley residence, and it involved a possible domestic situation, he requested that Bean Station Officer Matthew Corey Stapleton respond to 2624 Meadowbranch Road [Doc. 35-5 p. 2]. Stapleton was the first officer to arrive on scene, and his initial interactions with Mr. and Mrs. Neeley were captured on video through Stapleton's body camera [Doc. 35-6, Stapleton Video].³

Upon Stapleton's arrival, Mr. Neeley tells Stapleton: "My wife, she's been in the hospital for nine days in Knoxville. And she had a colon block" [Id.]. He further states: "For seven years, I've been fighting with this crazy ass woman in here" [Id.]. Mr. Neeley also told Stapleton: "She's fell in the kitchen. She, well, she started to fall this morning, but I grabbed hold of her and jerked her up and because I got all excited, I had water and crackers in my hand, she said that I was mean and I got pissed off at her and I tried to hurt her. I've, I've had enough and I can't deal with it no more" [Id.].

As Mr. Neeley and Stapleton were entering the house, Mr. Neeley told Mrs. Neeley: "Tell him the lie Jane. Tell him your lie now that you want to tell him" [Id.]. Mrs. Neeley then began to speak when Mr. Neeley interrupted her and said: "Tell him whatever the hellyou want to tell him" [Id.]. Mrs. Neeley tells Stapleton that she needs some help up to a chair "cause he left me like this" [Id.]. Mr. Neeley then stated: "You're out of here" [Id.]. Mrs. Neeley responded: "He just wants me out of the house" [Id.].

The medics arrived shortly thereafter [Id.]. As they entered, one medic, Justin Stalsworth, asks Mr. Neeley: "She been laying in the floor for an hour?" [Id.]. Mr. Neeley responded: "Yep" [Id.]. Stalsworth asked: "How come?" and Mr. Neeley responded: "I refused to pick her up" [Id.]. Stalsworth then ordered Mr. Neeley out of the house and proceeded to speak with Mrs. Neeley [Id.].

Stalsworth mentions to Mrs. Neeley that the dispatcher said Mr. Neeley left her on the floor for an hour, to which Mrs. Neeley nods in response [Id.]. The medics asked Mrs. Neeley if Mr. Neeley ever hit her [Id.]. She advised them that he had hit her in the past but not that morning and not recently [Id.]. Mrs. Neeley then described how she fell that morning [Id.]. She mentioned that Mr. Neeley was holding her arm and looking at her "real hard" after she fell [Id.]. She also provided that she did not feel threatened at her house [Id.].

The body-camera video ends before the medics complete their assessment of Mrs. Neeley and prior to Officer Cook's arrival [Doc. 35-3 p. 4]. Before he arrived, Cook had been advised by the dispatcher that Mrs. Neeley had been on the floor for approximately an hour, that Mr. Neeley had refused to help her up, and that the couple had been arguing [Id. at 2]. When Cook arrived at the house, he spoke with Mrs. Neeley and saw that she had some bruising on her arm and a small cut [Id. at 2-3].

Mrs. Neeley informed Cook that Mr. Neeley had previously stated that if anybody caused him to go to jail, he would kill them [Id. at 8-9]. Cook perceived Mrs. Neeley as being fearful of Mr. Neeley [Id. at 6-7]. Cook also learned from Mr. Neeley and the dispatcher that Mr. Neeley called 911 only after three individuals told him to [Id.].

Based on these circumstances, Cook believed that Mr. Neeley had placed Mrs. Neeley in fear of imminent bodily injury [Id. at 5-9]. Cook then arrested Mr. Neeley for domestic assault [Id. at 5].

Mr. Neeley was taken to Grainger County Jail [Id. at 10]. After he was booked in at the jail, Mr. Neeley asked for a pillow and a mat, but he was not provided either [Doc. 35-2 pp. 27-28]. Mr. Neeley did not provide the jailer with any reason why he needed those items [Id. at 31-32]. The domestic assault charge against Mr. Neeley was dismissed at the preliminary hearing [Id. at 36; Doc. 55-16 pp. 2-3].

Plaintiffs Jane and Ray Neeley filed suit against defendants on April 27, 2015 [Doc. 1], and amended their complaint as a matter of course on May 12, 2015 [Doc. 4]. Both plaintiffs assert the following claims in their amended complaint: (1) negligence claims against Grainger County and Bean Station pursuant to Tennessee state law; and (2) negligent infliction of emotional distress claims against all defendants pursuant to Tennessee state law [Id. at 8-9, 10]. Plaintiff Ray Neeley asserts the following additional claims: (1) disability discrimination claims against Grainger County pursuant to the Americans with Disabilities Act ("ADA"), the Rehabilitation Act of 1973, and the Tennessee Human Rights Act; (2) claims against Officer Cook pursuant to 42 U.S.C. § 1983 for violations of the Fourth andFourteenth Amendments; and (3) false arrest, malicious prosecution, intentional infliction of emotional distress, and false imprisonment claims against Officer Cook pursuant to Tennessee state law [Id. at 9-12].

There are a number of pending motions before the Court in this matter. The following motions concern whether plaintiff Jane Neeley's claims should be dismissed pursuant to Federal Rule of Civil Procedure 25(a)(1): (1) Bean Station's Motion to Dismiss Claims Brought by Jane Neeley [Doc. 16]; (2) Ray Neeley's Motion to Substitute Party [Doc....