Sharkey v. Humphreys Cnty.
| Decision Date | 08 January 2020 |
| Docket Number | NO. 4:18-CV-17-DMB-JMV,4:18-CV-17-DMB-JMV |
| Parties | JAMES ARTHUR SHARKEY PLAINTIFF v. HUMPHREYS COUNTY, MISSISSIPPI; et al. DEFENDANTS |
| Court | U.S. District Court — Northern District of Mississippi |
Before the Court is Sean Williams' second motion for summary judgment. Doc. #27.
On February 9, 2018, James Arthur Sharkey, with the assistance of counsel, filed a complaint in the United States District Court for the Northern District of Mississippi against (1) Humphreys County, Mississippi; (2) J.D. Roseman, in his individual capacity and official capacity as sheriff of Humphreys County; and (3) Sean Williams, in his individual capacity and official capacity as deputy sheriff of Humphreys County. Doc. #1. The complaint asserts state and federal claims based on allegations of an unlawful arrest of Sharkey by Williams which included the use of excessive force. Id. at 2-5. The defendants jointly answered the complaint on March 5, 2018. Doc. #8.
On April 9, 2018, Williams, asserting the defense of qualified immunity, filed a motion seeking summary judgment on the claims brought against him in his individual capacity. Doc. #12. That day, United States Magistrate Judge Jane M. Virden stayed the case pending a decision on the summary judgment motion. Doc. #14. Three days later, Sharkey's counsel moved to withdraw due to "a fundamental difference between himself and ... Sharkey." Doc. #15.
After Sharkey's counsel was granted leave to withdraw, Judge Virden directed Sharkey to inform the Court whether he intended to proceed pro se. Doc. #21. On or about July 11, 2018, Sharkey filed a document dated July 6, 2018, which both stated that he is proceeding pro se and appeared to respond to Williams' summary judgment motion with medical records and a series of unsworn declarations prepared by himself and three alleged witnesses to his arrest—Dorothy Kersh (Sharkey's sister), Eddie Earl Smith (Sharkey's brother), and Charles Sharkey (Sharkey's brother). Docs. #22, #22-1. On October 1, 2018, the Court granted Sharkey leave to file a formal response to the motion for summary judgment. Doc. #23. Sharkey did not file a formal response.
On March 25, 2019, the Court, noting that Williams did not challenge the admissibility of the unsworn declarations, found the facts in the declarations created genuine issues of material fact. Doc. #26. However, because Sharkey submitted the documents prior to having been granted leave to do so and because the nature of the documents were unclear, the Court declined to consider the documents before giving Williams an opportunity to lodge an objection to their admissibility. Id. at 6-7. Accordingly, the Court denied the motion for summary judgment without prejudice. Id. at 7.
Williams filed a second motion for summary judgment on April 8, 2019. Doc. #27. In seeking summary judgment, Williams specifically challenges the admissibility of the unsworn declarations. Doc. #28 at 10. Sharkey filed an untimely response to the motion for summary judgment on April 29, 2019. Doc. #29. Williams filed an untimely reply on May 13, 2019.1 Doc. #31.
A court may enter summary judgment if "there is no genuine dispute as to any material factand the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). "An issue is genuine if the evidence is such that a reasonable factfinder could return a verdict for the nonmoving party." Jones v. United States, 936 F.3d 318, 321 (5th Cir. 2019) (cleaned up).
The "party seeking summary judgment always bears the initial responsibility of demonstrating the absence of a genuine issue of material fact." Id. (alterations omitted). When the movant would not bear the burden of persuasion at trial, he may satisfy his initial summary judgment burden "by pointing out that the record contains no support for the non-moving party's claim." Wease v. Ocwen Loan Servicing, L.L.C., 915 F.3d 987, 997 (5th Cir. 2019) (quoting Stahl v. Novartis Pharm. Corp., 283 F.3d 254, 263 (5th Cir. 2002)). If the moving party satisfies his initial burden, the nonmovant "must go beyond the pleadings and designate specific facts showing that there is a genuine issue for trial." Jones, 936 F.3d at 321 (alterations omitted).
Federal Rule of Civil Procedure 56(c) "permits a party to support or dispute summary judgment through unsworn declarations, provided their contents can be presented in admissible form at trial." Patel v. Tex. Tech Univ., 941 F.3d 743, 746 (5th Cir. 2019). "In other words, the party submitting the material must be able to demonstrate how it will be possible to introduce the content or substance of the material at trial." 11 MOORE'S FEDERAL PRACTICE - CIVIL § 56.91.2 This is so because "[i]f the substance cannot be put into an admissible form, the material can have no bearing on whether a trial is necessary, which is the ultimate determination to be made by the court in ruling on a motion for summary judgment." Id. Where a party objects to summaryjudgment evidence, "[t]he burden is on the proponent to show that the material is admissible as presented or to explain the admissible form that is anticipated." Fed. R. Civ. P. 56 advisory committee's note to 2010 amendment.
In his motion for summary judgment, Williams argues that "Sharkey cannot show that the[] statements [in the unsworn declarations] could be offered in a form admissible at trial." Doc. #28 at 10. Specifically, Williams contends he "has no reason to believe that the statements were actually written by the alleged signatories."3 Id. Sharkey, in his response, states that he intends "to reserve the unsworn testimony for trial purposes." Doc. #29 at 2.
In considering the expected admissibility of a hearsay statement, such as an unsworn declaration introduced for the truth of the matter asserted,4 a "court should be free to ask the plaintiff what reason she has for believing that [the declarant] will in fact be available to testify at trial [and the] reasons for not obtaining sworn statements or sworn testimony from [the declarant] at this time." 11 MOORE'S FEDERAL PRACTICE - CIVIL § 56.91. "Depending on the circumstances, the failure to secure sworn statements at the summary-judgment stage—or to confirm that the witnesses can and will testify as expected later—can significantly undercut the claim that the statements actually can be presented in an admissible form at trial." Id.
This Court directed Sharkey "to submit an affidavit or a statement executed under penalty of perjury stating (1) why he believes each declarant will testify to the facts included in the unsworn declarations; and (2) why he is unable to obtain a sworn statement from the declarants." Doc. #37 at 5. Sharkey did not respond to the Court's direction.
Given that three of the declarants appear to be related to Sharkey, and that the other declarant is Sharkey himself, Sharkey's failure to provide a reason for the absence of the sworn statements is a strong indication that the declarants would not testify to the contents of their declarations. See 11 MOORE'S FEDERAL PRACTICE - CIVIL § 56.91 ( ). In the absence of any other indication that the declarants would testify to the contents of their statements at trial, the Court concludes that the unsworn declarations are inadmissible for the purpose of deciding the summary judgment motion.
At approximately 1:28 a.m. on February 14, 2015, Sean Williams, a deputy with the Sheriff's Department of Humphreys County, Mississippi, was dispatched to a residence in Belzoni, Mississippi. Doc. #27-5 at ¶¶ 1-2. The dispatcher informed Williams that a 911 call had been made stating that James Sharkey "was acting out of control and the family could not calm him down." Id. at ¶ 2. Williams traveled to the residence, which belonged to Sharkey's mother, Hattie Smith. Id. at ¶ 3.
When Williams arrived, he observed Sharkey outside the residence acting "erratic" and "angry," and threatening his family. Id. Smith stated that she did not want Sharkey staying at her home "while this behavior continued." Id. Sharkey repeatedly said that his mother refused to give him money for drugs. Id. About this time, Dexter McPherson, a police officer in Belzoni, arrived at the scene. See Doc. #27-6 at ¶¶ 1-3.
Williams informed Sharkey "that he would have to calm down." Doc. #27-5 at ¶ 4. WhenSharkey did not calm down, Williams and McPherson "attempted to stabilize the situation" by taking Sharkey to a bedroom in the home. Id. at ¶¶ 4-5. In the bedroom, Williams informed Sharkey that if he did not calm down, he would be taken to jail. Id. at ¶ 5. When Sharkey continued to yell, Williams ordered Sharkey to put his hands behind his back. Id. Sharkey then punched Williams in the face. Id. at ¶ 5. Williams struck Sharkey back. Doc. #27-6 at ¶ 6. Williams and McPherson then attempted to restrain Sharkey, who "was combative and struggling." Id. Ultimately, Sharkey was arrested and taken to the Humphreys County jail. Id. Both Williams and McPherson believed that Sharkey was under the influence of drugs. Doc. #27-5 at ¶ 3; Doc. #27-6 at ¶ 3.
Sharkey's complaint asserts three claims: (1) "Violation of 42 U.S.C. Section 1983: Arrest and Detention," (Count One); (2) intentional infliction of emotional distress (Count Two); and (3) negligence (Count Three). Doc. #1 at 3-5. Williams seeks summary judgment on all claims. Doc. #27.
Count One alleges that, as a result of Williams' actions, Sharkey "was deprived of his liberty in violation of his Fifth and Fourteenth...
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