Sherrod v. McHugh

• Decision Date: 25 September 2018
• Docket Number: Civil Action No.: 16-0816 (RC)
• Citation: 334 F.Supp.3d 219
• Parties: Vashti SHERROD, et al., Plaintiffs, v. Phillip MCHUGH, et al., Defendants.
• Court: U.S. District Court — District of Columbia

334 F.Supp.3d 219

Vashti SHERROD, et al., Plaintiffs,

v.Phillip MCHUGH, et al., Defendants.

Civil Action No.: 16-0816 (RC)

United States District Court, District of Columbia.

Signed September 25, 2018

Peter Tyler Enslein, Law Offices of Peter T. Enslein, P.C., Washington, DC, Kenneth D. Bynum, Bynum & Jenkins, PLLC, Alexandria, VA, for Plaintiffs.

David A. Jackson, David Isaac Schifrin, Office of the Attorney General for the District of Columbia, Joseph Alfonso Gonzalez, Schertler & Onorato, LLP, David F. Grimaldi, Martell, Donnelly, Grimaldi & Gallagher, PA, Washington, DC, for Defendants.

MEMORANDUM OPINION

GRANTING IN PART DISTRICT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT; DENYING DEFENDANT SCHULZ'S MOTION FOR SUMMARY JUDGMENT; GRANTING IN PART PLAINTIFFS' MOTION IN LIMINE REGARDING LEWIS HICKS; AND DENYING PLAINTIFFS' MOTION IN LIMINE REGARDING SHANA MELL

RUDOLPH CONTRERAS, United States District Judge

I. INTRODUCTION

This case illustrates the harm that may arise from even the most trivial traffic dispute, when the full weight of the justice system is brought to bear on that dispute. Plaintiffs Vashti and Eugene Sherrod and Defendant Diane Schulz were involved in a minor accident in the District of Columbia that devolved into an intense shouting match. Hours after the incident, Ms. Schulz reported to the District of Columbia Metropolitan Police Department ("MPD") that Mrs. Sherrod threatened her with a handgun. MPD Detective Phillip McHugh, another Defendant, was assigned to investigate Ms. Schulz's accusation. He obtained a video of the incident that allegedly proves Mrs. Sherrod's innocence, yet he used the power afforded to him by the criminal justice system to stop and search the Sherrods' car, search their home, and ultimately arrest Mrs. Sherrod.

When a grand jury refused to indict Mrs. Sherrod, the Sherrods brought this action against Ms. Schulz, Detective McHugh, and the District of Columbia (together with Detective McHugh, the "District Defendants") on multiple constitutional and common law grounds. The Defendants have moved for summary judgment, arguing that Detective McHugh is entitled to certain immunities and that the Sherrods have failed to introduce facts supporting their claims. Both sides have also moved to exclude certain testimony. As explained below, because the Sherrods have, in fact, introduced facts that would allow a reasonable jury to find in their favor on certain claims, the Court denies the District Defendants' motion for summary judgment in part and Ms. Schulz's motion for summary judgment in full. The Court also grants the parties' motions to exclude testimony about certain topics.

II. FACTUAL BACKGROUND

A. The Traffic Accident

In early May 2015, the Sherrods and Ms. Schulz were involved in a traffic accident in front of a flower shop in the District of Columbia. See Defs.' Statement Undisputed Material Facts ("SUMF") ¶¶ 1–4, ECF No. 68-2; Statement Material Facts Not In Dispute ("Schulz's Statement") ¶¶ 3–4, ECF No. 66. The Sherrods are elderly, and Mr. Sherrod is legally blind. Schulz's Statement ¶ 1. According to the Sherrods, when Ms. Schulz attempted to parallel park her truck she collided with the side mirror of their car. SUMF ¶ 4; Schulz's Statement ¶ 3. This act precipitated a lengthy squabble between the Sherrods and Ms. Schulz, during which both sides cursed, made threats, and allegedly used racial epithets. Schulz's Statement ¶ 4. Before going their separate ways, the parties exchanged insurance information and Ms. Schulz recorded the vehicle identification number ("VIN") for the Sherrods' car. SUMF ¶¶ 23–24; Dep. Sapan Patel ("Patel Dep.") 26:1–26:17, District Defendants Mem. P & A. Supp. Mot. Summ. J. ("Defs. Mem.") Ex. 7, ECF No. 68-9.

In the accident's aftermath, Ms. Schulz took several steps that are key to this action. Shortly after the accident, Ms. Schulz called her insurance company to report it. Dep. Diane Schulz ("Schulz Dep.") 67:18–77:15, Defs. Mem. Ex. 4, ECF No. 68-6. Later that day Ms. Schulz called her son and discussed the dispute, initially telling him that the Sherrods threatened her with a gun, but later admitting that she was "not sure if [she] really saw a gun." Dep. Luciano Carafano ("Carafano Dep.") 31:17–34:3, Pls. Opp'n Defs. Mem. & Schulz Mem. ("Pls. Opp'n.") Ex. 2, ECF No. 76-5. Finally, several hours after the dispute and at her son's encouragement, Ms. Schulz called 911. SUMF ¶ 33; Schulz's Statement ¶ 9. She described her dispute with the Sherrods to the 911 operator, and she claimed that the "little 80 year old lady" threatened her with a gun and then "got her gun out," with encouragement from Mr. Sherrod. SUMF ¶¶ 34–37. This phone call triggered the investigation from which the Sherrods' claims arise.

B. The Initial Investigatory Steps

MPD Officer Sapan Patel was dispatched to interview Ms. Schulz after her 911 call. SUMF ¶¶ 38–41, 52–59; Schulz's Statement ¶ 10. Ms. Schulz repeated to Officer Patel that Mrs. Sherrod "attempted to intimidate me with some sort of gun or weapon." SUMF ¶ 39. She was unable to give Officer Patel "very specific details" about the threat, but she claimed that Mrs. Sherrod pulled a "big black gun" from under her driver's seat. SUMF ¶¶ 54–57. Officer Patel was able to identify the Sherrods as the primary suspects based on the VIN that Ms. Schulz recorded during the altercation. Patel Dep. 26:1–17; see also Dep. Phillip McHugh ("McHugh Dep.") 150:2–20, Pls. Opp'n Ex. 3, ECF No. 76-6 (stating that he "ran the VIN number" to obtain a picture of the Sherrods' car, which he showed to Ms. Schulz during their initial interview). Officer Patel initially classified Mrs. Sherrod's alleged act as a misdemeanor, but the act was subsequently reclassified as a violent crime, felony-assault with a dangerous weapon. SUMF ¶¶ 62–66.

Detective McHugh was assigned to handle the investigation after Officer Patel conducted the initial interview. SUMF ¶ 64; Schulz's Statement ¶ 11. From the very beginning, Ms. Schulz's claim should have been viewed skeptically. Detective McHugh thought it was "strange" that Ms. Schulz had waited several hours before reporting the incident to the police. McHugh Dep. 83:2–15. Moreover, even Detective McHugh thought it normally would strain credulity for an elderly woman to be accused of such a violent confrontation with a gun. See Email from Detective McHugh to Susan Wittrock, June 24, 2015 (stating that "the suspect is pushing 80 years old ... if it wasn't on video, not sure I would've believed it myself"), Defs. Mem. Ex. 11, ECF No. 68-13. Detective McHugh began his investigation in earnest on May 15, 2015.

First, on May 15, Detective McHugh interviewed Ms. Schulz. Dep. Diane Schulz ("Schulz Dep.") 93:9–95:5, Defs. Mem. Ex. 4, ECF No. 68-6; McHugh Dep. 87:5–8; Schulz's Statement ¶ 11. Ms. Schulz repeated the same allegations to Detective McHugh that she had made to the 911 operator and Officer Patel—Mrs. Sherrod threatened Ms. Schulz with a gun, and then reached into the driver's seat area of her car, pulled out a black gun, and pointed it at Ms. Schulz. SUMF ¶¶ 72–77. Again, Ms. Schulz could not identify the gun's specific make, but she did tell Detective McHugh that it was "semi-automatic" and similar to the gun owned by one of her family members, who is a police officer. SUMF ¶¶ 78–79.

The day after he interviewed Ms. Schulz, Detective McHugh emailed Ms. Schulz his police report classifying the incident as an assault with a dangerous weapon, including Ms. Schulz's accusation that Mrs. Sherrod "brandished a large black handgun." Pls. Opp'n. Ex. 21, ECF No. 76-24. Ms. Schulz responded to Detective McHugh's email and clarified a minor detail in the report, but despite her apparent reservations she did not express that Mrs. Sherrod may not have wielded a gun. Pls. Opp'n Ex. 27, ECF No. 76-30. Notably, the record contains no evidence indicating that Ms. Schulz ever indicated to MPD—during her 911 call, her interview with Officer Patel, or her interview with Detective McHugh—that she was not sure whether Mrs. Sherrod had brandished a gun.

After interviewing Ms. Schulz, despite his apparent skepticism and before interviewing Mrs. Sherrod and seeking evidence and witnesses at the flower shop, Detective McHugh issued a "bulletin" over the Washington Area Law Enforcement System ("WALES") and the National Crime Information System ("NCIS"). SUMF ¶ 85; McHugh Dep. 125:17–22; Pls. Opp'n Ex. 19, ECF No. 76-22. The bulletin, captioned "Felony Vehicle, ADW gun," notified all local law enforcement agencies that the Sherrods' car was involved in a possible assault with a deadly weapon and that it should be stopped so that Detective McHugh could question its occupants. McHugh Dep. 127:16–128:14; SUMF ¶ 85; Defs. Mem. Ex. 10, ECF No. 68-12; Pls. Opp'n Ex. 19 & Ex. 20, ECF No. 76-23.

Finally, after interviewing Ms. Schulz and issuing the bulletin, Detective McHugh went to the flower shop to interview potential witnesses. SUMF ¶ 81. The lone employee Detective McHugh interviewed heard the altercation between Ms. Schulz and the Sherrods but did not see it, so he could not corroborate Ms. Schulz's allegations. SUMF ¶ 82. However, Detective McHugh obtained a video from the store's security camera (hereafter, the "security video") that captured the altercation, albeit without sound. SUMF ¶ 83. The security video shows that another employee of the flower shop—Kenneth Wright—witnessed at least some of the altercation, but Detective McHugh did not interview Mr. Wright. McHugh Dep. 119:17-120:14; Decl. of Kenneth Wright ¶ 4–6, ECF No. 76-16. Detective McHugh also showed the video to his supervisor, Lieutenant Richard Brady. SUMF ¶ 84, 98; Decl. of Richard Brady ¶ 5, ECF No. 68-15.

As discussed below, the parties dispute the conclusions to be drawn from the security video, but they concede that the video is authentic and that it captures the altercation. See generally Partial Consent Mot. Def. Diane Lee Schulz Summ. J. Dismissal ("Schulz...