Pendleton v. Murphy
| Decision Date | 06 September 2022 |
| Docket Number | 1:20-cv-00489-JPH-TAB |
| Parties | WILLIAM PENDLETON, et al. Plaintiffs, v. MICHAEL MURPHY, et al. Defendants. |
| Court | U.S. District Court — Southern District of Indiana |
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT
William Pendleton and Antoine Banks allege that Indiana University Health police officers unlawfully stopped, searched, and detained them, and then wrongfully had them excluded from the Indiana University Health facility where they had job assignments as contract workers. They bring state and federal claims against the individual officers and their employer Indiana University Health, Inc. Defendants have moved for summary judgment on all claims. Dkt. [45]. For the reasons that follow, that motion is GRANTED in part and DENIED in part.
Because Defendants have moved for summary judgment under Rule 56(a) the Court views and recites the evidence "in the light most favorable to the non-moving party and draw[s] all reasonable inferences in that party's favor." Zerante v. DeLuca, 555 F.3d 582, 584 (7th Cir. 2009) (citation omitted).
Indiana University Health, Inc. is a private, non-profit network of hospitals headquartered in Indianapolis, Indiana. Dkt. 46-1. At all relevant times, Robert Dycus, Kenneth White, and Michael Murphy were employed as officers in the IU Health Police Department. Dkt. 46-2 at 1 (Dycus Aff. ¶ 1); dkt. 46-3 at 1 (Murphy Aff. ¶ 1-2); dkt. 46-4 at 1 (White Aff. ¶ 1).
In January 2020, Antoine Banks and William Pendleton worked for Executive Management Services, Inc. (EMS), a commercial contract cleaning company. Dkt. 46-5 ¶¶ 1-2 (Sells Aff.). IU Health's principal office in Indianapolis-Fairbanks Hall-is an EMS contract client. Dkt. 46-1; dkt. 46-6 at 2, 12 . EMS employees who are assigned to provide services at IU Health are required to obtain an IU Health identification badge and "affix [it] to their clothing so that it is clearly visible at all times" while at an IU Health facility. Dkt. 46-6 at 22 .
Both Mr. Banks and Mr. Pendleton were assigned weekday shifts at Fairbanks Hall, with Mr. Banks's shift running from 3:30 to 11:30 p.m., and Mr. Pendleton's from 5:30 to 10:30 p.m. Dkt. 46-8 at 36 (Banks Dep. Ex. 2); dkt. 46-7 at 45 (Pendleton Dep. Ex. 2). Mr. Banks was Mr. Pendleton's on-site supervisor. Dkt. 46-7 at 11 (Pendleton Dep. at 41).
Charlotte Sells is an Operations Manager for EMS. Dkt. 46-5 ¶ 1, 3. In 2019 and 2020, she was responsible for hiring and firing EMS janitors and placing them with EMS customers. Id. ¶ 4-5. As the EMS representative assigned to provide cleaning and facilities services for IU Health's Fairbanks Hall, she was the off-site supervisor for Mr. Pendleton and Mr. Banks. Id. ¶¶ 5-6; dkt. 46-8 at 11, 23 (Banks Dep. at 42, 89).
On January 10, 2020, Mr. Pendleton arrived late for his shift at Fairbanks Hall around 6:40 p.m. Dkt. 46-7 at 11 (Pendleton Dep. at 41); dkt. 49 (Ex. 1 video 1).[1] Because he had been recently hired, Mr. Pendleton did not have an IU badge or keys to the building. Dkt. 46-7 at 8, 13 (Pendleton Dep at 29-30, 49); dkt. 46-8 at 15 (Banks Dep. at 59). Mr. Banks let Mr. Pendleton in at the back of the building and gave him a key to the second floor. Dkt. 46-7 at 13 (Pendleton Dep at 49); dkt. 46-8 at 15 (Banks Dep. at 58-60); dkt. 49 (Ex. 1 video 1, at 1:05). During the exchange, Mr. Banks complimented Mr. Pendleton's clothes, stating "You are fresh as hell." Dkt. 46-8 at 16 (Banks Dep. at 61-62). Mr. Banks then left the building on break, and Mr. Pendleton started cleaning the second floor. Id. (Banks Dep. at 62-63); dkt. 46-7 at 14 (Pendleton Dep. at 54-55).
Meanwhile, around 7:00 p.m., Lt. Dycus reported to the IU Health dispatch center in response to a request from one of its operators, Lashanda Macon. Dkt. 46-2 at 1 (Dycus Aff. ¶ 2). Ms. Macon informed him that she "had seen something suspicious" in the security video feed from Fairbanks Hall. Id. ¶ 3. Lt. Dycus reviewed the footage and saw "a hand-to-hand exchange of a small item between two men . . . wearing street clothes and ball caps." Id. ¶ 4; see also dkt. 49 (Ex. 1 video 1). Ms. Macon also told him that she heard, through an open intercom line, the comment: "That's fat as hell," which she believed may have been a reference to drugs. Dkt. 46-2 at 2 (Dycus Aff. ¶¶ 5-6).
Based on what he saw and heard, Lt. Dycus was suspicious that the two men had exchanged drugs. Id. ¶¶ 7-10. Ms. Macon told Lt. Dycus that she recognized one of the men as a janitor, but Lt. Dycus had never seen either man. Id. at 3, ¶ 12. He found it suspicious that they were on the loading dock of Fairbanks Hall at that time of night because they looked like members of the general public. Id. Lt. Dycus contacted Officer Murphy and Sgt. White and informed them of the situation and his suspicion. Id. at 4, ¶¶ 17-19. Lt. Dycus, Officer Murphy, and Sgt. White met at Fairbanks Hall around 7:30 p.m. Id. ¶ 21.
The officers walked through the building and exited out back to the loading docks. Id. ¶ 22. They approached a gold SUV in the parking lot to check if it had an IU Health parking permit because they thought they could identify the men in the video by searching the IU Health parking database. Id. ¶¶ 23-24. As they approached the vehicle, Lt. Dycus and Officer Murphy "smelled the distinctive odor of marijuana coming from the vehicle." Id. ¶ 25; dkt. 46-3 at 3 (Murphy Aff. ¶ 15).
Around this time, Mr. Banks received a phone call from another EMS employee informing him that there were police officers at Fairbanks Hall. Dkt. 53-2 at 16 (Banks Dep. at 63-64). Mr. Banks, still away on break, called Mr. Pendleton and suggested that he speak with the officers to find out why they were there. Id. at 16 (Banks Dep. at 68-69). Mr. Pendleton was cleaning and collecting trash at the time, so he went to the loading docks to take out the trash and speak with the officers. Dkt. 53-3 at 14 (Pendleton Dep. at 55).
At approximately 7:45 p.m., Mr. Pendleton was throwing trash into a dumpster behind Fairbanks Hall when Officer Murphy asked him to identify himself. Id. (Pendleton Dep. at 56); dkt. 49 (Ex. 1 video 2 at 0:38-0:55). Mr. Pendleton responded by showing his EMS badge.[2] Dkt. 53-3 at 14 (Pendleton Dep. at 56). Officer Murphy then stated: "I need to pat you down for our safety," and Mr. Pendleton responded "okay" and put his hands against the wall. Id. at 14-15, 19 (Pendleton Dep. at 56-57, 74-75); dkt. 46-3 at 3 (Murphy Aff. ¶ 19). Officer Murphy frisked Mr. Pendleton and found nothing of note. Dkt. 46-11 at 5 (Murphy Dep. at 17).
During the pat-down, Officer Murphy asked Mr. Pendleton about drugs, and Mr. Pendleton denied having any. Dkt. 53-3 at 15 (Pendleton Dep. at 57). Officer Murphy then showed him a photograph of the exchange on the loading docks, and Mr. Pendleton explained that Mr. Banks had given him a key. Id. Officer Murphy replied, Id. Offended, Mr. Pendleton said he was going to call a friend who was the assistant police chief for the Southport Police Department. Id. (Pendleton Dep. at 57-58). Officer Murphy described Mr. Pendleton's behavior as "loud and angry." Dkt. 46-3 at 4 (Murphy Aff. ¶ 21). The officers then asked to search his jacket and locker, and Mr. Pendleton replied: "Go ahead." Dkt. 46-7 at 15 (Pendleton Dep. at 58).
The officers told Mr. Pendleton to call Mr. Banks and ask him to return to Fairbanks Hall. Dkt. 43-3 at 4 (Murphy Aff. ¶ 22); dkt. 53-4 at 9 (Dycus Dep. at 30-31). The officers then directed Mr. Pendleton to a storage room where they searched his jacket and other personal items. Id. at 23-24 (Pendleton Dep. at 92-94); see dkt. 49 (Ex. 10, video of storage room). At this point, Mr. Pendleton was "pretty fed up with the situation" because he felt the officers were "going too far." Dkt. 46-7 at 27 (Pendleton Dep. at 105-06).
After moving to the storage room, Officer Murphy asked who the gold SUV parked by the loading dock belonged to; Mr. Pendleton replied that it belonged to his child's mother and that he had driven it to Fairbanks Hall that evening. Id. at 25 (Pendleton Dep. at 98-99); dkt. 46-3 at 4 (Murphy Aff. ¶ 26). Because the officers had smelled marijuana near the vehicle, they contacted the Indianapolis Metropolitan Police Department (IMPD) to request the assistance of a K-9 officer. Dkt. 46-3 at 4 (Murphy Aff. ¶ 27); dkt. 46-7 at 15, 25 (Pendleton Dep at 58-59, 97-99). Officer Murphy and Lt. Dycus exited the storage room to contact IMPD and directed Sgt. White to stand at the door of the room, "keeping [Mr. Pendleton] there." Dkt. 46-10 at 4-5 (White Dep. At 13-14); dkt. 46-7 at 25 (Pendleton Dep. at 97-100). Lt. Dycus called in the request around 8:00 p.m. and was advised five minutes later that IMPD could not send a dog. Dkt. 46-3 at 5 (Murphy Aff. ¶ 28). Mr. Pendleton remained in the storage room waiting for Mr. Banks. Dkt. 46-10 at 4-5 (White Dep. at 1314).
Mr Banks returned to Fairbanks Hall around 8:15 p.m., roughly a halfhour after Mr. Pendleton asked him to return. Dkt. 46-3 at 5 (Murphy Aff. ¶ 29). The officers recognized Mr. Banks from the security footage and were surprised to learn that he was Mr. Pendleton's supervisor.[3] Id. ¶ 30. Officer Murphy told Mr. Banks that he needed to or was going to search him. Dkt. 46-8 at 19 (Banks Dep. at 75); dkt. 46-3 at 6 (Murphy Aff. ¶ 31). In response, Mr. Banks said "okay" or "no problem," or otherwise indicated that he would comply. Dkt. 46-3 at 6...
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