Smith v. City of Corbin

• Decision Date: 10 January 2013
• Docket Number: Civil No. 11-99-GFVT
• Citation: Smith v. City of Corbin, Civil No. 11-99-GFVT (E.D. Ky. Jan 10, 2013)
• Parties: WILEY M. SMITH Plaintiff, v. CITY OF CORBIN, KENTUCKY, WILLARD McBURNEY, in his Official Capacity as Mayor of the City of Corbin, CITY OF CORBIN POLICE DEPARTMENT, DAVID CAMPBELL, in his Official Capacity as Police Chief of the Corbin Police Department, RICK BAKER, in his Official Capacity as Corbin Police Officer, and in his Individual Capacity, COY WILSON, in his Official Capacity as Corbin Police Officer, and in his Individual Capacity, WHITLEY COUNTY, KENTUCKY, and KENNETH MOBLEY, Whitley County Jailer in his Individual Capacity Defendants.
• Court: U.S. District Court — Eastern District of Kentucky

WILEY M. SMITHPlaintiff,

v.CITY OF CORBIN, KENTUCKY,WILLARD McBURNEY, in his Official Capacity as Mayor of the City of Corbin,CITY OF CORBIN POLICE DEPARTMENT,DAVID CAMPBELL, in his Official Capacity as Police Chief of the Corbin Police Department,RICK BAKER, in his Official Capacity as CorbinPolice Officer, and in his Individual Capacity,COY WILSON, in his Official Capacity as CorbinPolice Officer, and in his Individual Capacity,WHITLEY COUNTY, KENTUCKY, andKENNETH MOBLEY, Whitley County Jailer in his Individual Capacity Defendants.

Civil No. 11-99-GFVT

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY SOUTHERN DIVISION LONDON

Dated: January 10, 2013

MEMORANDUM OPINION&ORDER

42 U.S.C. § 1983cases are typically full of convoluted facts, mistakes and missed opportunities, and conflicting narratives.This case has those in spades.

Wiley Smith's decision to become inebriated and drive his automobile resulted in his arrest on the evening of April 2, 2010.Smith was detained, placed in confinement, and released on April 4.On April 12, Smith was admitted to the Veterans Administration Hospital (VA) in Lexington, and after spending approximately the next fourteen months in a hospital, part of Smith's right leg was amputated.

In this suit, Smith alleges that his leg had to be amputated due to the unconstitutional circumstances surrounding his arrest, detention, and release.Motions for summary judgment have been filed by all parties, and for the reasons set out below, Smith's motion will be DENIED, Whitley County and Kenneth Mobley's motion will be GRANTED, and the City of Corbin, William McBurney, City of Corbin Police Department, Rick Baker, and Coy Wilson's motion will be GRANTED IN PART and DENIED IN PART.

I.

Rick Baker, City of Corbin Police Officer, performed a traffic stop on Wiley Smith on April 2, 2010 at 6:24 P.M. after receiving reports from witnesses that Smith was driving slowly and erratically.[R. 66-13.]Baker stopped Smith and approached him as he sat in his car.Baker smelled alcohol, heard slurred speech, and observed that Smith's eyes were blood shot.[Id.]Baker instructed Smith that he was under arrest and requested that he walk back to Baker's police cruiser.[R. 85at 9.]

The parties agree that after Smith walked to Baker's cruiser force was used on Smith, but they disagree about the extent of the force.Smith reports that he was shot with a Taser twice, sprayed with pepper spray, and partially subdued through the use of physical force.[R. 66-2at 5-6.]Baker acknowledges using a Taser and physical force on Smith, but he did not mark the boxon the Physical Force Report indicating that he used OC Spray (commonly known as pepper spray).[R. 66-13at 20.]The Whitley County Emergency Medical Service(EMS) records, however, describe an orange substance on Smith's face with the explanation that they were "informed [Smith] has been pepper sprayed."[R. 66-16at 3.]

At 6:57 P.M., EMS records display that an emergency vehicle was dispatched to the scene of Smith's traffic stop, arriving at 7:04. [R. 66-16at 3.]EMS responded to the scene after being notified by law enforcement that Smith was being uncooperative.[Id.]On arrival, EMS found Smith lying face up in the road, legs spread, and with "no physical injury noted."[Id.] At 7:19, the EMS transported Smith away from the scene of the arrest and shortly thereafter arrived at the Baptist Regional Medical Center (BRMC).[Id.]

The records from BRMC indicate that Smith was triaged in the emergency room at 7:24 [R. 66-9at 13] and admitted to the hospital at 7:37.[Id. at 12.]The reason for Smith's visit to the hospital is listed as "possible alcohol use,"[Id. at 13] and after examination, four diagnoses were tendered: "obesity, DM [presumably diabetes mellitus], chronic back pain" were listed under the "primary diagnosis" heading and "ethanol intoxication" was identified as a "secondary diagnosis."[Id. at 16.]Discharge instructions were distributed addressing each of those diagnoses.[Id. at 26-30.]At another location in the BRMC record, "chronic leg pain" is written but accompanied by no explanation.[Id. at 15.]Also noteworthy, on the BRMC History and Physical Worksheet, [Id. at 16] the treating physician—Dr. Keith Clifton—appears to have marked that Smith had "[n]ormal gait and station."[Id.]Smith was eventually discharged at 9:51 P.M. [Id. at 17, 26] with Baker signing on Smith's behalf as the recipient of Smith'sdischarge instructions.[Id. at 28.]Finally, on the Extended Nursing Notes, BRMC wrote that Smith was "transported to police car for transport to jail."[Id. at 17.]

The Corbin Police Computer Aided Dispatch (CAD) report supplies additional information about Baker and Smith's interaction.[R. 66-4.]Baker is identified as Unit 403 on the CAD.[R. 66-1at 4.]In general, this report briefly describes an officer's activities at various times while he is on duty.Baker's report indicates that he was at BRMC at 8:29 P.M.; that he traveled to the Whitley County Detention Center(WCDC) at 10:06 P.M. and arrived at 10:21. [R. 66-4at 3.]At 10:40, a facsimile was transmitted between BRMC and WCDC. [R. 66-9at 7.]According to deposition testimony, this transmission was necessary because WCDC will not accept a previously hospitalized arrestee unless a doctor has signed the patient's release.[R. 66-11at 2.]Smith's release was only signed by a nurse.[R. 66-11at 2.]The fax included Dr. David Douglas's signature below a nurse's signature.[R. 66-9at 7.]In spite of the signed release, and due to reasons that are currently unclear, WCDC refused to accept Smith as an inmate, and at 11:16 P.M., Baker reported that he and Smith were traveling back to BRMC.[R. 66-4at 3.]Baker submitted another CAD entry at 11:28 explaining that he was "standing by at Exit 15."[Id.]

All parties agree that Baker and Smith left WCDC.From that point until 12:23 A.M. on April 3,[R. 66-14 at 4] the time at which Smith was accepted by the WCDC, it is unclear what took place.¹

WCDC's records show that Smith was booked on April 3 at 12:23 A.M. [R. 66-14at 6.]A report was printed at 12:46 A.M. which recorded responses to a series of medical questions.[Id. at 12-13.]The report indicates that Smith's response to the question, "Do you have any medical problems?," was "yes."[Id. at 12.]A comment following that answer listed three issues: "diabetic, high blood pressure, post dramatic [sic] stress syndrome."[Id.]Also on that report, the question was posed, "Are there any visible signs of trauma, pain, bleeding, or infection?"[Id.]The response to that question was "no."[Id.]Smith's signature is at the bottom of that document.[Id. at 13.]

Around 1:00 P.M. on April 3, Verna Halcomb, a nurse who worked on behalf of WCDC, examined Smith.[R. 66-14at 7.]Halcomb was summoned to WCDC from her home to examine Smith so that he could be released and taken to the VA. [R. 74at 42.]Halcomb testified that Smith believed he needed to go to the VA because of a broken leg or ankle.[Id. at 41.]Although Halcomb did not form an opinion about whether Smith had a broken bone, [R. 74at 45-46]she noted on the Transfer In/Transfer Out Screening a "possible FX Rt ankle."[R. 66-14at 7.]Halcomb stated that Smith told her that his leg was injured when "someone slammed it in a door."[R. 74at 48.]Halcomb observed that both of Smith's legs and feet appeared to be swollen, but no open wounds or deformities were visible.[Id. at 45.]She also marked "yes" that Smith needed immediate medical attention and noted that his "family will transport to hospital."[Id.]

Smith was released on April 4 at 7:46 P.M. [R. 66-14at 4.]On April 12, Smith visited the Emergency Room at the VA. [R. 80at 22.]Smith relayed to the VA that he had been arrested the prior week, that while being loaded into a police cruiser a door was slammed on his leg several times, and that he delayed getting attention after release from jail because he could not obtain transportation and because he drank regularly and heavily and did not want to stop that practice.[Id. at 22-23.]A fracture was found in Smith's leg and April 14 surgery was conducted to correct the fracture.[Id. at 26.]Smith remained hospitalized at the VA for more than one year following the surgery, [R. 69at 52] and on, May 27, 2011, part of Smith's leg was amputated.[Id. at 53-54.]

II.

A.

Summary judgment is appropriate where "the pleadings, discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law."Fed. R. Civ. P. 56(c)(2);Celotex Corp. v. Catrett, 477 U.S. 317, 323-25(1986)."A genuine dispute exists on a material fact, and thus summary judgment is improper, if the evidence shows 'that a reasonable jury could return averdict for the nonmoving party.'"Olinger v. Corp. of the President of the Church, 521 F. Supp. 2d 577, 582(E.D. Ky.2007)(quotingAnderson v. Liberty Lobby, Inc., 477 U.S. 242, 255(1986)).Stated otherwise, "[t]he mere existence of a scintilla of evidence in support of the plaintiff's position will be insufficient; there must be evidence on which the jury could reasonably find for the plaintiff."Anderson, 477 U.S. at 252.

The moving party has the initial burden of demonstrating the basis for its motion and identifying those parts of the record that establish the absence of a genuine issue of material fact.Chao v. Hall Holding Co., Inc., 285 F.3d 415, 424(6th Cir.2002).The movant may satisfy its burden by showing "that there is an absence of evidence to support the non-moving party's case."Celotex Corp., 477 U.S. at 325.Once the movant has satisfied this burden, the non-moving party must go beyond the pleadings and come forward with specific facts to demonstrate there is a genuine issue.Hall Holding, 285 F.3d at 424(citingCelotex, 477 U.S. at 324).Moreover, "the...