Smith v. Aims

• Decision Date: 12 January 2022
• Docket Number: Civil Action 20-12013
• Court: U.S. District Court — Eastern District of Michigan
• Parties: PATRICK ANDREW SMITH, JR., Plaintiff, v. TIM AIMS, et al., Defendants.

PATRICK ANDREW SMITH, JR., Plaintiff,
v.
TIM AIMS, et al., Defendants.

Civil Action No. 20-12013

United States District Court, E.D. Michigan, Southern Division

January 12, 2022

Mark A. Goldsmith United States District Judge.

REPORT AND RECOMMENDATION TO GRANT THE LUNA PIER DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (ECF NO. 30)

DAVID R. GRAND United States Magistrate Judge.

Pro se plaintiff Patrick Andrew Smith, Jr. (“Smith”) commenced this action pursuant to 42 U.S.C. § 1983, alleging violations of his civil rights by various officials and institutions of the City of Luna Pier, Monroe County, and Erie Township. (ECF No. 1). Smith's complaint arises out of a police interaction at his home following a domestic incident between Smith and his wife on July 22, 2018.

On April 23, 2021, Defendants Luna Pier Police Department, Dave Davison, Tim Aims, Drew Weiler, and Rick Leichty^[1] (collectively the “Luna Pier Defendants”) filed a motion for summary judgment, asserting that judgment in their favor should be entered on all of Smith's claims, as there is no genuine dispute as to any material fact. (ECF No. 30).

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Smith filed a response to the Luna Pier Defendants' motion on May 19, 2021 (ECF No. 40), and the Luna Pier Defendants filed a reply brief on June 4, 2021 (ECF No. 45). In addition, on May 13, 2021, Smith filed an “Affidavit of Patrick Smith in Support of Motion for Discovery Under Federal Rules [sic] of Civil Procedure 56(d)” (ECF No. 38), to which the Luna Pier Defendants responded (ECF No. 46) and Smith replied (ECF No. 48).

Having reviewed the pleadings and other papers on file, the Court finds that the facts and legal issues are adequately presented in the parties' briefs and on the record, and it declines to order a hearing at this time.

I. RECOMMENDATION

For the following reasons, the Court RECOMMENDS that the Luna Pier Defendants' Motion for Summary Judgment (ECF No. 30) be GRANTED.

II. REPORT

A. Background

1. The Allegations in Smith's Complaint

In his complaint, Smith alleges that, on July 22, 2018, he was “improperly accused of domestic abuse” after he and his wife, Jennifer Smith, had a “marital disagreement, ” during which Smith punched a mirror, and, at some point, threw a dresser drawer, accidently striking his wife with its contents. (ECF No. 1, PageID.13, 16). In the aftermath of the “marital disagreement, ” Smith instructed his nephew, Gary Herin, to “call 911 for medical for Jennifer [S]mith, ” at which point Smith left the house to treat his own injuries. (Id., PageID.13). Defendant Drew Weiler, an officer with the Luna Pier Police Department, arrived at the Smith residence to respond to the situation. (Id., PageID.14).

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Officer Weiler's arrival allegedly cascaded into a series of abuses of Smith by multiple law enforcement personnel, culminating in Smith's arrest by Officer Weiler and Erie Township Police Officer Parker Gutschow.

2. The Facts as Depicted on Officer Weiler's Bodycam Video

The facts of this case, as they relate to the Luna Pier Defendants, are beyond dispute, as Officer Weiler's involvement in Smith's arrest was thoroughly documented on his body camera, a recording of which was provided by the Luna Pier Defendants as an exhibit to their motion for summary judgment. (ECF No. 36).

According to Officer Weiler's body camera footage, he arrived at Smith's home - in response to a call regarding a reported medical incident and assault - at 20:21. (Id.). Upon arrival, Officer Weiler was greeted at the door by a man later identified as Gary Herin, who escorted Officer Weiler to Jennifer Smith. (Id. at 20:21-20:22). Ms. Smith was lying on the floor next to a couch and appeared to be distraught and in pain. (Id. at 20:22-20:49). Medical personnel arrived shortly thereafter and began treating Ms. Smith.

While on the scene, Officer Weiler interviewed Ms. Smith, as well as eyewitnesses Mr. Herin and Chris Bondie. (Id.). When Officer Weiler initially asked Ms. Smith what had happened, she explained that her husband, Plaintiff Patrick Smith, threw a speaker at her and that it “laid [her] down real quick.” (Id. at 20:22-20:23, 20:26, 20:30). Ms. Smith said that it hurt to move. (Id. at 20:24). Mr. Herin informed Officer Weiler that Smith had left prior to Officer Weiler's arrival, wearing shorts and a tank top and driving a Dodge Avenger. (Id. at 20:22). Officer Weiler relayed this information to dispatch.

When Officer Weiler questioned Mr. Herin about the incident, Mr. Herin explained

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that he had been upstairs with Mr. Bondie when he heard yelling; the two men then went downstairs to see what was happening. (Id. at 20:31). At that point, Mr. Herin saw Smith throwing things around the house. (Id.). Mr. Herin and Mr. Bondie attempted to intervene, but that appeared to aggravate Smith. (Id.). From there, the situation escalated. (Id.). Mr. Herin stated that he tried to get Smith to stop throwing things, but he saw Smith throw a speaker at his wife, striking her. (Id. at 20:27). When interviewed by Officer Weiler, Mr. Bondie also indicated that he was upstairs in the home when he heard the argument. (Id. at 20:34). When he went downstairs, Mr. Bondie saw Smith and his wife arguing and attempted to calm Smith down. (Id. at 20:36). When that did not work, Mr. Bondie tried to use a fan as a shield to protect Ms. Smith from being injured. (Id.).

Officer Weiler then spoke to Ms. Smith as emergency medical personnel examined her. (Id. at 20:37). Crying, Ms. Smith stated that her husband had been having a difficult time following the death of his mother and just “snapped.” (Id. at 20:37-38). She explained that Smith was trying to show her something, thought she was giving him “attitude, ” and became angry. (Id. at 20:38). From there, the situation escalated and Smith “just started going nuts again.” (Id.).

Ms. Smith also told Officer Weiler that Smith threw things around the home, including a speaker, which struck her in the back. (Id. at 20:22-23, 20:29-30) (“He hit me twice with something in the back.”). Officer Weiler and others on the scene observed injuries to Ms. Smith's lower back, which Officer Weiler photographed. (Id. at 20:30, 20:40). Ms. Smith also described an injury to her left ear, which Officer Weiler observed. (Id. at 20:30). Additionally, Ms. Smith indicated that her husband threw a bottle of lawn

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pesticide chemicals, which also hit her. (Id. at 20:41). Mr. Herin confirmed that Smith had been throwing the bottle of pesticide everywhere and was able to provide the bottle to Officer Weiler. (Id. at 20:43). Ms. Smith received medical treatment on the scene and was taken by ambulance to the hospital. (Id. at 20:22-49). Officer Weiler then left the home.

At approximately 20:59, Officer Weiler arrived at the Iron Coffins Motorcycle Club, where Officer Gutschow had Smith detained. During Officer Weiler's conversation with Smith, Smith acknowledged that he had been in an argument with his wife, had thrown things around his home, and that he had “probably” struck his wife with items he had thrown. (Id. at 21:00-05) (“If I want to tear my house up, I'm allowed to”; “I tore that bitch up”; “I do not know if anything hit her, but I think something did fall and hit her”; “yes, I threw shit. Did shit probably hit her? Hell yeah.”; “I threw shit. I took my whole fuckin' dresser drawer and fuckin' threw it.”; “I'm not going back home. Fuck her.”).

Seeing that Smith had injuries to his head from where he tried to scratch his head with handcuffs on, as well as injuries to his hand from punching a dresser and mirror, Officers Weiler and Gutschow ensured that Smith received medical attention on the scene before transporting him to jail. (Id. at 21:15). Indeed, when Smith indicated that his handcuffs had blood on them from his self-inflicted injuries, Officer Gutschow removed Smith's handcuffs and provided him with new ones. (Id. at 21:06). After reapplying the handcuffs, Officer Gutschow specifically asked Smith whether the handcuffs were “too tight or good.” (Id. at 21:07). Smith did not complain. Officer Gutschow also cuffed Smith's hands in front of his body at Smith's request given his reported shoulder and back pain. (Id.). When Smith later motioned with one cuff, Officer Gutschow adjusted it. (Id.).

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Throughout the remainder of the video at the scene, it is apparent that Smith was able to move his wrists within the handcuffs. (Id. at 21:10).

After ensuring that Smith received medical attention, Officer Weiler transported Smith to the Monroe County Jail. (Id. at 21:27). Upon arrival, Smith tried to remove his handcuffs over the bandage on his hand. (Id. at 21:45). Officer Weiler urged Smith to stop hurting himself and immediately removed and adjusted Smith's handcuffs to allow Smith to remove his bandages. (Id.at 21:45-21:46). Corrections officers at the jail also showed concern for Smith's injuries and determined that Smith should be transported to the hospital for medical care before being booked into the jail. (Id. at 21:46-21:47). After allowing Smith to use the restroom at the jail (Id. at 21:48), Officer Weiler transported and accompanied Smith to the hospital for additional medical care. (Id. at 22:30).

3. Smith's Claims

In his complaint, Smith asserts federal claims against the Luna Pier Defendants under 42 U.S.C. § 1983 for false arrest and malicious prosecution in violation of the Fourth Amendment, a violation of his Fifth Amendment right against self-incrimination, and a Monell claim against Luna Pier Mayor Dave Davison for negligently hiring, firing, and disciplining Officer Weiler.^[2] (ECF No. 1, PageID.24-26). Smith also asserts state law claims against the Luna Pier Defendants for false arrest, malicious prosecution, negligence,

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and private nuisance. (Id., PageID.26-27).

B. Standard of Review

1. Summary Judgment

Pursuant to Federal Rule of Civil Procedure 56,...