Powell v. City of Jamestown

• Decision Date: 03 June 2022
• Docket Number: 1:21-cv-721
• Parties: CHRISTIAN POWELL, Plaintiff, v. CITY OF JAMESTOWN, CITY OF JAMESTOWN CLERK, JAMESTOWN POLICE DEPARTMENT, JAMESTOWN POLICE CHIEF TIMOTHY JACKSON, COUNTY OF CHAUTAUQUA, CHAUTAUQUA COUNTY SHERIFF'S OFFICE, CHAUTAUQUA COUNTY SHERIFF JAMES B. QUATTRONE, CHAUTAUQUA COUNTY UNDERSHERIFF DARRYL W. BRALEY, JOHN DOES 1-10 city employees, JOHN DOES 1-10 county employees, Defendants.
• Court: U.S. District Court — Western District of New York

CHRISTIAN POWELL, Plaintiff,
v.
CITY OF JAMESTOWN, CITY OF JAMESTOWN CLERK, JAMESTOWN POLICE DEPARTMENT, JAMESTOWN POLICE CHIEF TIMOTHY JACKSON, COUNTY OF CHAUTAUQUA, CHAUTAUQUA COUNTY SHERIFF'S OFFICE, CHAUTAUQUA COUNTY SHERIFF JAMES B. QUATTRONE, CHAUTAUQUA COUNTY UNDERSHERIFF DARRYL W. BRALEY, JOHN DOES 1-10 city employees, JOHN DOES 1-10 county employees, Defendants.

No. 1:21-cv-721

United States District Court, W.D. New York

June 3, 2022

OPINION AND ORDER (DOCS. 9, 14)

GEOFFREY W. CRAWFORD, JUDGE UNITED STATES DISTRICT COURT

In this case, removed from New York Supreme Court, Plaintiff Christian Powell sues the above-captioned defendants^[1] alleging personal injuries resulting from two incidents. First, he alleges that law enforcement officers knew or should have known that he suffers from mental health and other conditions, but that they used harmful force as they arrested him on December 10, 2020 and allowed him to harm himself during the arrest, during transport to the

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Jamestown Police Department Central Booking Bureau, and during a period while he was restrained at the police station-all while failing to send him to a hospital or provide him with a mental health evaluation. (Doc. 1-1 ¶¶ 24 41.) Second, he alleges that after his arraignment, officers failed to send him to a hospital or provide him with a mental health evaluation, failed to prevent him from harming himself, and used harmful force as they restrained him at the police station. (Id ¶¶ 43-46.)

The 183-paragraph Complaint seeks damages on the following theories: (1) negligence; (2) violation of civil rights under 42 U.S.C. § 1983; (3) respondeat superior/vicarious liability; (4) negligent hiring; (5) negligent retention; (6) negligent training and supervision; (7) assault; (8) battery; (9) battery committed in the performance of a public duty; (10) intentional infliction of emotional distress (“IIED”); (11) negligent infliction of emotional distress (“NIED”); (12) failure to intervene; (13) unlawful arrest; (14) failure to treat; (15) conspiracy; and (16) demand for punitive damages.^[2] The City Defendants and the County Defendants have separately filed motions to dismiss for failure to state a claim under Fed.R.Civ.P. 12(b)(6). (Docs. 9, 14.)

Background

The factual allegations in the Complaint include the following. Mr. Powell suffers from mental health and other health conditions about which Defendants knew or should have known. (Doc. 1-1 ¶ 28.) Chautauqua County sheriffs and Jamestown Police officers arrested Mr. Powell on December 10, 2020, (Id. ¶¶ 24, 26, 29.) Mr. Powell asserts on information and belief that the arresting officers “possessed obvious violent propensities.” (Id. ¶ 52.)

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I. “Incident 1”

According to Mr. Powell, the officers effecting the arrest “assaulted, battered, repeatedly grabbed, kneed, yanked his arms, threw him to the ground, placed handcuffs on him extremely tight causing injury, and seized him without cause or provocation.” (Id. ¶ 27.) At the time he was arrested, Mr. Powell asked the officers to send him to an inpatient hospital to be treated for his mental health conditions and his mental state at the time. (Id. ¶ 29.) They refused to send him to the hospital or to provide him with a mental health evaluation. (Id.) Mr. Powell was crying and he advised the officers that he had not slept in days, that he had not seen his children, that he was stressed out, that he wanted to kill himself, and that he has post-traumatic stress disorder (“PTSD”). (Id. ¶ 30.)

According to Plaintiff: “After being advised of the above, the defendants remained on top of Plaintiff.” (Id. ¶ 31.) They allowed him to “hit his head off of the ground multiple times causing injury.” (Id.) The officers stood Mr. Powell up and he advised that he felt he had a concussion. (Id.)

Officers placed Mr. Powell in a Jamestown Police vehicle and transported him to the Jamestown Police Department Central Booking Bureau. (Id. ¶ 32.) Plaintiff asserts that the officers “allowed plaintiff to hit his head on the glass separating where he and the officers were sitting multiple times, causing injury.” (Id.) Mr. Powell “screamed that he had a concussion and that he felt like he was going to die.” (Id.) “He again screamed that he had not slept in days.” (Id.) He “screamed that he was going to die and that he could not feel his head.” (Id.)

Upon arriving at the police station, an officer stated that Mr. Powell was “fighting hard” and that he would be going straight to the “chair” depending on his medical situation. (Id. ¶ 33.) Plaintiff asserts on information and belief that the “chair” is a “restraint chair meant to prevent

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prisoners from self injury.” (Id.) An officer also stated that Mr, Powell was “bashing his head on a flash-light.” (Id.)

When officers took Mr, Powell out of the vehicle, they allowed him to “bash his head on the trunk of a police vehicle, causing injury.” (Id. ¶ 34.) Once inside the station, Mr. Powell screamed that his handcuffs were tight and asked officers to take them off. (Id.) Mr. Powell again stated that he had not slept in days, that he had not seen his children in weeks, that he had no one to talk to, and that he had PTSD. (Id.) He further stated that he had not eaten, that he did not care what happened to him, that he would rather kill himself than go to jail, and that he needed someone to talk to. (Id. ¶ 35.) He told officers that he wanted to go to the hospital. (Id.)

Officers did not send Mr. Powell to the hospital, place him in a restraint chair, or provide him with a mental health evaluation at that time. (Id. ¶ 36.) Instead, they handcuffed him to a bench at the station. (Id.) He remained handcuffed on the bench for a number of hours. (Id.)

Mr. Powell alleges that, while he was handcuffed on the bench, officers “allowed plaintiff to smash his hands on the bench and yank on his handcuffs” and to “punch the wall and break his ankle-handcuffs, ” causing injury. (Id. ¶ 37.) He stated to officers that “he lost his kids and his heart was gone, that he would rather kill himself, that he was psychotic, [and] that he needed mental health help right now.” (Id.) He told officers “to use a taser on him and to put a bullet in his head.” (Id.)

Mr. Powell again stated that he was going to kill himself. (Id. ¶ 39.) Officers allowed him to “hit his head off of the wall, causing injury.” (Id.)

Plaintiff rambled, stumbled around, stretched his full body out with his leg attached to a bench, and took his shirt off Plaintiff yanked his handcuffs on the bench, grabbed the phone off of the wall, violently clapped his hands, punched the wall, fell off of the bench and landed on his side, hit his head on the wall, and rolled back and forth moaning.

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(Id.) He stated to officers that he had been drinking for the past week, that he had not showered in days, that he was ready to kill himself, that he would rather be dead, that he has nobody and was ready to say “bye.” (Id. ¶ 40.) He also stated that he has explosive anger disorder, that he was getting ready to kill himself, and that officers “better call someone in before he does it, that he was ready to jump head first off of the bench, and that he might as well kill himself.” (Id.) Despite Mr. Powell's deteriorating mental health condition, Defendants did not send him to the hospital or provide him with a mental health evaluation. (Id. ¶ 41.)

II. “Incident 2”

Hours later, Mr. Powell was arraigned. (Id. ¶ 43.) “He was crying, trying to make statements on the record, and acted erratically.” (Id.) “His [bizarre] behavior from hours prior continued.” (Id.) “[Defendants still did not send Plaintiff to the hospital or provide him with a mental health evaluation.” (Id.)

After his arraignment-hours after he was brought to the police station-Mr. Powell ripped his court paperwork up and threw it on the ground. (Id. ¶ 44.) Officers brought him to the restraint chair. (Id.) But they “allowed Plaintiff to hit his head on the metal bars in the jail area causing him pain and injury.” (Id.)

In the process of restraining Mr. Powell, officers “assaulted, battered, slammed Plaintiff to the ground, and seized Plaintiff without cause or provocation.” (Id. ¶ 45.) They “pulled Plaintiff s shirt over his head for a period of time while they restrained him.” (Id.) They “allowed Plaintiff to bang his head and neck on the back of the restraint chair.” (Id.) They strapped him down “extremely tight, ” causing pain and injury, and Mr. Powell asked that his restraints be loosened. (Id.)

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Mr. Powell asserts that he was “at all times, using due care.” (Id. ¶ 50.) He further asserts that, as a result of Defendants' conduct, he was “injured internally, externally, and permanently in and about the face, head, back, chest, shoulders, limbs, torso, and nervous system, so that he became and will continue to be disabled and will continue to suffer pain and discomfort, distress, and psychological adjustment.” (Id. ¶ 49.) He alleges that he suffered “severe, painful, permanent and personal injuries; was rendered sick, sore lame and disabled, and suffered a loss of enjoyment and quality of life.” (Id. ¶ 85.)

Analysis

The County and City Defendants raise numerous arguments in their motions to dismiss. They each seek dismissal of all counts on the grounds that the Complaint suffers from impermissible “group pleading.” (Doc. 9-6 at 14; Doc. 14-9 at 14.) They also each seek dismissal of multiple claims on qualified immunity grounds. (Doc. 9-6 at 30; Doc. 14-9 at 32.) And each group of Defendants raises individual challenges to all of the federal and state causes of action in the Complaint.

The court begins by reciting the applicable standard of review and addressing the issue of which materials that may be considered under the present procedural posture. See infra Parts III. The court then proceeds to consider certain defense theories that are...