Palmer v. Allen
| Decision Date | 21 June 2016 |
| Docket Number | Case No. 14-cv-12247 |
| Parties | EMMANUEL PALMER, Plaintiff, v. RYAN ALLEN, et al., Defendants. |
| Court | U.S. District Court — Eastern District of Michigan |
UNITED STATES DISTRICT COURT JUDGE GERSHWIN A. DRAIN
OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT [73]
On June 6, 2014, Emmanuel Palmer ("Palmer" or "Plaintiff") filed a Complaint against the Ecorse Police Department, Officers Ryan Allen ("Allen") and Christoval Trevino ("Trevino"), Oakwood Hospital, and John Does 1 and 2. Dkt. No. 1, p. 1 (Pg. ID No. 1). Defendants Oakwood Hospital and John Does 1 and 2 were dismissed by the Court on August 13, 2014. Dkt. No. 8, pp. 2-3 (Pg. ID No. 40-41). On November 23, 2015, Palmer submitted an Amended Complaint alleging 13 violations of federal and state law. See Dkt. No. 53, pp. 12-28 (Pg. ID No. 283-99).
Presently before the Court is Defendants' Motion for Summary Judgment [73], submitted April 28, 2016. Although the Court specifically extended Palmer's response period in its June 7th order, Dkt. No. 88, Palmer did not respond to the Motion and the period for response has passed.
Upon review of the briefing, the Court concludes that oral argument will not aid in the resolution of the instant motion. Accordingly, the Court will resolve Defendant's present motion on the briefs. See E.D. Mich. L.R. 7.1(f)(2). For the reasons discussed herein, the Court will GRANT in part and DENY in part Defendants' Motion for Summary Judgment [73].
Around 2:00 a.m. on the morning of August 11, 2012, Palmer was riding back from a Detroit club as a passenger in a van driven by Quentez McKinney ("McKinney") in the City of Ecorse, Michigan. Dkt. No. 53, p. 3 (Pg. ID No. 274). The vehicle was pulled over by Ecorse Police Officers Ryan Allen and Kevin Barkman for driving without headlights. Dkt. No. 73, p. 13 (Pg. ID No. 539). Allen approached the driver-side of the van and asked for McKinney's driver's license. Id. Palmer began filming the encounter on his cellphone. Id.; Dkt. No. 53, p. 3 (Pg. ID No. 274). Allen asked McKinney to step out of the vehicle, after it was found that McKinney was driving with a suspended license and had several outstandingwarrants for his arrest. Dkt. No. 73, p. 13 (Pg. ID No. 539). McKinney was arrested and placed in the back of the police vehicle. Id.
Meanwhile, Barkman remained on the passenger side of the vehicle, next to Palmer. Id. After McKinney was arrested, Palmer asked to walk nine blocks to his home, but was told that he was being detained for a failure to wear his seatbelt. Id.; Dkt. No. 53, p. 4 (Pg. ID No. 275). Palmer maintains that he had only removed his seatbelt because he intended to walk home after McKinney's arrest. Dkt. No. 73, p. 14 (Pg. ID No. 540). Allen asked Palmer to provide his name, but Palmer refused to answer, asking again if he was being detained. See id.
At this point, Allen says to Palmer, "We're not playing this fucking game—get out of the vehicle nice and easy." Id. At this point, Palmer claims that Allen reached into the van to open the door, forcibly grabbed him by his neck and shirt, pulled him from the vehicle, and slammed him into the side of the vehicle. Dkt. No. 53, p. 4 (Pg. ID No. 275). The video from Palmer's cellphone does not support this accusation, but instead shows Palmer exiting the vehicle without any noticeable physical altercation. See Dkt. No. 73-4 (Pg. ID No. 603-04). Palmer asks what the problem is and an officer informs that there was open container of alcohol in the vehicle. Id. The video does not show Palmer denying that there was alcohol in the vehicle, instead stating that "it's not [his] booze." See id. Allen responds by stating, Id. At no time in the video was there footage or sounds that support Palmer's accusation that he was grabbed by his neck and shirt, or slammed into the side of the vehicle.
Palmer then alleges that once Allen realized that the encounter was being recorded on his cellphone, Allen stated "You fucking recording this?" and pressed the stop recording button. The video does not support Palmer's allegation of Allen's statement, but it does appear that the cellphone stopped recording during a search of Palmer. At this point, Palmer alleges that, while in Barkman's presence, Allen grabbed Palmer by the neck, making it difficult for him to breathe. Allen then handcuffed Palmer and walked him to the back of the police car, where Palmer was made to remove his shoes. Removal of his shoes allegedly caused Palmer pain due to gout. Palmer was then placed in the back of the police car with McKinney for transport to the Ecorse Police Department. A subsequent search of Michigan Law Enforcement Information Network (LEIN) revealed that Palmer had four outstanding warrants for his arrest. Dkt. No. 73, p. 15 (Pg. ID No. 541).
At the Ecorse Police Department, Palmer alleges that Allen told him that he was being charged with "weed, liquor, and obstructing me." Dkt. No. 53, p. 6 (Pg. ID No. 277). Palmer signed a forfeiture paper for his cellphone, claiming that he felt under duress at the time. Id. Plaintiff was then placed in an individual holding cell. Id.
Palmer fell asleep in his cell and awoke to flooding in his cell caused by a backed-up sewer drain. Id. After waiting for a period of time, Palmer was let out of his cell by Trevino. Id. 6-7. After noticing that Palmer was limping due to inflammation from gout, Trevino allegedly called Palmer a "pussy motherfucker" and slapped him in the face, without provocation. Id. at 7. Palmer claims that Trevino then grabbed him by the shirt, ripping it, pushed him to the floor, and proceeded to stomp, kick and choke him while Palmer screamed for help. Id. at 8. Two other inmates, McKinney and Michael Crumby, allegedly witnessed the beating and yelled for Trevino to stop hurting Palmer. Id.
Palmer alleges that Trevino then used a Taser on him approximately ten to twenty times after saying, "Nigger motherfucker, I got something for you nigger motherfucker!" Id.; Dkt. No. 73-3, p. 21 (Pg. ID No. 591). Palmer claims that he began crawling to a nearby cell after drifting in and out of consciousness. Id. He claims that Trevino then said, and used a Taser on him approximately five more times, as Palmer pleaded for him to stop. Id. at 8-9; Dkt. No. 73-3, p. 21 (Pg. ID No. 591).
According to Palmer, paramedics arrived about one hour after Trevino's use of force. Id. at 9. Palmer claims that he told the paramedic about the incident and his injuries, but that she left after checking his vital signs, without providing medical treatment or medication. Id. at 9-10.
At some time later, Allen allegedly came to Palmer's cell and directed him to remove the tissue paper that was covering the cell's surveillance camera. Id. at 10. After Allen removed the tissue from the camera, Palmer claims Allen said and stated that he was glad Trevino "fucked [Palmer] up." Id. Allen allegedly told Palmer that, "I guess what I said did get around (you) fucking dumb ass" and laughed at Palmer. Id.
Although there are multiple cameras positioned inside the Ecorse jail, Defendants allege that all of the surveillance video from the period of Palmer's detention was corrupted and nontransferable because of a catastrophic failure of the recording system in early 2013. Dkt. No. 73, p. 16 (Pg. ID No. 543).
Palmer was arraigned on or about August 13, 2012 in 25th District Court in Ecorse, Michigan on charges including open intoxicants in a motor vehicle, possession of marijuana, and resisting and obstruction. Dkt. No. 53, p. 11 (Pg. ID No. 282). The charges were dismissed on October 3, 2012, after Ecorse police officials failed to produce the Palmer's cell phone after being ordered to do so by the judge on three occasions. Id. Palmer requested his phone back, but was told it was forfeited to the Wayne County Prosecutor's Office. Id. It was later returned during this litigation.
In September and October 2012, Palmer filed two citizen complaints with the City of Ecorse police regarding Trevino. Id. Palmer claims that he never received a response. Id. at 12.
Federal Rule of Civil Procedure 56(c) "directs that summary judgment shall be granted if 'there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.' " Cehrs v. Ne. Ohio Alzheimer's Research Ctr., 155 F.3d 775, 779 (6th Cir. 1998). The court must view the facts, and draw reasonable inferences from those facts, in the light most favorable to the non-moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986). No genuine dispute of material fact exists where the record "taken as a whole could not lead a rational trier of fact to find for the non-moving party." Matsushita Elec. Indus., Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986). Ultimately, the court evaluates "whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law." Anderson, 477 U.S. at 251-52.
In his Amended Complaint, Palmer brings 13 claims. In Count I, Palmer alleges that Defendant Officers violated his constitutional right to be free fromunreasonable and excessive physical force. Dkt. No. 53, p. 12 (Pg. ID No.283). In Count II, Palmer claims that Defendant City of Ecorse violated his right to be free from "illegal arrest and/or illegal or unreasonable search and/or seizure." Id. at 12-13. In Count III, Palmer alleges that Defendant Officers violated his rights under the First and Fourth Amendments to record video of law enforcement officers and be protected from unreasonable searches and...
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