Smith v. Lafayette Parish
| Decision Date | 31 March 2015 |
| Docket Number | CIVIL ACTION NO. 11-1406 |
| Court | U.S. District Court — Western District of Louisiana |
| Parties | SALLY M. SMITH v. LAFAYETTE PARISH, ET AL. |
Plaintiff, Sally M. Smith, brings this suit for violations of her constitutional rights pursuant to 42 U.S.C. § 1983, as well as related state law tort claims pursuant to this Court's supplemental jurisdiction, 28 U.S.C. § 1367. The following motions submitted by defendants are now pending before the Court: (1) a Motion for Summary Judgment on behalf of former Lafayette City Marshal Earl J. "Nickey" Picard and Deputy Marshal Jeffrey Mahler (collectively referred to as "the City Marshal defendants") [Doc. 50]; (2) a Motion for Summary Judgment by Lafayette City-Parish Consolidated Government ("LPCG") [Doc. 51]; and (3) a Joint Motion to Strike the Affidavit of Dr. Darrell Henderson by all defendants [Doc. 58]. By their summary judgment motions, defendants seek dismissal of all claims with prejudice. [Doc. 50, p.3; Doc. 51, p.4] Pursuant to their joint motion to strike, defendants move to strike in its entirety the affidavit of Dr. Henderson, submitted in support of plaintiff's motion for summary judgment; alternatively, defendants move this Court to strike paragraphs 7, 10, 14, 15, 16, 19, and 22. [Doc. 58, pp. 1, 2] For the following reasons, the motions for summary judgment [Docs. 50, 51] are DENIED in their entirety; the motion to strike [Doc. 58] is GRANTED IN PART and DENIED IN PART.
The evidence, viewed in the light most favorable to plaintiff, establishes the following: On September 11, 2010, plaintiff Sally M. Smith was arrested by defendant Deputy Marshal Jeffrey Mahler, of the Lafayette City Marshal's Office, on two counts of resisting an officer and two counts of disturbing the peace. On the evening of her arrest, Ms. Smith had gone out with friends in the downtown Lafayette area. [Doc. 54, p.1] In the very early hours of September 11, 2010, Ms. Smith and her friends were notified that another friend, Milissa Thibodeaux, was walking to her car in the downtown area, intending to drive home, despite being highly intoxicated. [Id.]
Alarmed for the safety of Ms. Thibodeaux, Ms. Smith and another friend, Noah Mudge, began to walk to the area downtown where Ms. Thibodeaux had parked her vehicle. [Id. at 2] At the same time, another friend, Jessica Fruge, got into her vehicle to drive to the location where Ms. Thibodeaux had parked, intending to give Ms. Thibodeaux a ride home in order to prevent her from driving under the influence. [Id.] When plaintiff arrived at the location where Ms. Thibodeaux had parked her car, she saw that Ms. Fruge ("who had gotten to Ms. Thibodeaux before she could drive off") had been pulled over by a Lafayette Police Officer. [Id.] The officer had stopped Ms. Fruge for going the wrong way down a one way street. [Id.]
According to Ms. Smith's version of events, upon arrival at the scene of the traffic stop, Ms. Smith approached Officer Jason Ardoin, of the Lafayette Police Department, who was standing by Ms. Fruge's vehicle. Ms. Smith states she attempted to advise Officer Ardoin of Ms. Fruge's efforts to stop Ms. Thibodeaux from driving while intoxicated, as well as to advise him that Ms. Fruge was Ms. Smith's ride for the evening [Doc. 54-2, p.2; see also Doc. 50-3, p. 3] However, before Ms. Smith was able to say anything, Officer Ardoin "yelled for her to 'get the fuck back and leave.'"[Doc. 54-2, p. 2] Ms. Smith attests although "[s]tartled by the officer's immediate profanities and threatening voice, she again simply tried to provide the officer with information concerning the traffic stop." [Id.] According to Ms. Smith, "[b]efore she could fully form a sentence, Officer Ardoin again yelled for her to leave the area." [Id.] Ms. Smith claims, "The only question that [she] was able to ask Officer Ardoin was where she should go," and he indicated the corner of Polk and Congress streets where Mr. Mudge was already standing. [Id.] Ms. Smith states she immediately complied with the Officer Ardoin's instruction. [Id.] She further attests her "entire interaction with Officer Ardoin lasted less than ten seconds." [Id.]
According to plaintiff, "[i]mmediately thereafter, Lafayette City Deputy Marshal Jeffery Mahler, arrived on the scene," and instantly "began to yell at her and Mr. Mudge, loudly and profanely asking what Sally M. Smith was doing on the comer and demanding her identification." [Id. at 3] Ms. Smith states, "Mahler's anger rapidly increased and began to escalate," as he continued demanding her identification. [Id.] According to Ms. Smith, despite her repeated requests, Deputy Mahler refused to explain why he wanted her identification, but did inform her if she did not produce her license, he would "bring her to jail." [Id.] Ms. Smith then provided Deputy Mahler with her driver's license. [Id.]
Once Ms. Smith produced her identification, Deputy Mahler then ordered her to move to an area in front of his patrol unit, so "he could run her name for warrants." [Doc. 54-2, p. 3] Ms. Smith states she complied and began walking to the front of Deputy Mahler's vehicle. [Id.] Although Ms. Smith offered "no resistance or confrontation," Deputy Mahler "shoved her towards his vehicle despite the fact that she was already walking as directed." [Id.] According to Ms. Smith, "Mahler suddenly and without warning became irate and began to yell at Sally M. Smith that she was underarrest." [Id.] Deputy Mahler refused to advise plaintiff of the crime for which she was arrested. [Id.]
Ms. Smith asserts Deputy Mahler did not instruct her to place her hands behind her back to be handcuffed, but rather, "forcefully grabbed her by the left arm and wrist, quickly and violently yanking her left arm backwards and behind her back while twisting it upwards and shoving her body forward." [Id. at 3-4] Ms. Smith then "heard a pop and felt immediate severe pain which she later learned was from her left upper humerus 'bicep' arm bone being broken completely in three pieces." [Id. at 4] Deputy Mahler then handcuffed Ms. Smith's broken left arm, "pull[ed] her around by the opposing handcuff and refus[ed] to let her sit down after she had informed him that she was feeling faint and sick as a result of extreme pain caused by the severe injury." [Id.] According to Ms. Smith, at no time prior to the arrest did she "scream, create a disturbance or direct profanity or other offensive, derisive, or annoying words at Mahler, Ardoin or anyone else on the scene of her arrest." [Id. at 4] Ms. Smith was then taken to University Medical Center, where she remained for five hours before being transported to Lafayette Parish Correctional Center ("LPCC"). [Doc. 50-1, p.9] Three hours after her arrival at LPCC, Ms. Smith was released on a misdemeanor summons. [Id.]
According to defendants version of the events in dispute, around 2:00 a.m., Deputy Marshal Jeffery Mahler came upon the scene and saw Officer Jason Ardoin performing a traffic stop on Congress Street. [Doc. 50-1, p.6] Mahler stopped his vehicle to ensure Ardoin did not need assistance. [Id.] At that time, he observed plaintiff "approach Ardoin from behind, but on his right." [Id.] According to the City Marshal defendants, Mahler then "warned Ardoin to 'watch his back' and saw Smith begin to interact with Ardoin within 3-4 feet of the officer." [Id. at 7]1 "Realizing thatArdoin needed assistance and having observed what he believed to be the offense of resisting a police officer (i.e. interference), Mahler exited his unit and approached Smith with the intention of issuing a misdemeanor citation for the charge of resisting an officer." [Id.] Deputy Mahler requested to see plaintiff's identification and asked her to accompany him to his police unit to perform a warrants check. [Id. at 8] "At some point during the walk to Mahler's police unit, Mahler declared that Smith was under arrest and began to put her arms behind her back in a handcuffing posture." [Doc. 50-10, p.3, ¶ 21] According to Deputy Mahler, "he took Smith's left wrist into his left hand and placed the palm of his right hand above her elbow, on her left triceps [sic] muscle, to perform a soft, empty hand control technique known as M.A.C.H. IV." [Doc. 50-1, p. 20] "During this motion, Smith [and Mahler] heard a loud 'snap' - her left humorous [sic] bone broke." [Doc. 50-10, p. 3, ¶¶ 22, 23] According to defendants, "During his interaction with Smith, Mahler observed what he believed to be signs of intoxication: bloodshot, glossy eyes and the smell of an intoxicating beverage." [Doc. 50-1, p. 8]
Ms. Smith "was charged with two counts of resisting an officer in violation of La. R.S. 14:108 and Lafayette Consolidated Government Ordinance no. 62-66 - one for interfering with Ardoin and one for physically resisting Mahler—and two counts of disturbing the peace in violation of Lafayette Consolidated Government Ordinance no. 62-38(a)(2) by loud and offensive language and (a)(3) by public intoxication." [Doc. 50-1, p. 9] The Lafayette City Prosecutor's Office accepted three of the four charges: disturbing the peace by loud offensive language; disturbing the peace by intoxication; and resisting an officer for physically resisting Mahler. [Id.] The count of disturbing the peace by loud offensive language was subsequently dismissed. [Id.] At trial in the City Court of Lafayette, Smith was found guilty of resisting an officer, in violation of Lafayette ConsolidatedGovernment Ordinance 62-66, and acquitted on the charge of disturbing the peace by intoxication. [Id. at 10; see also Doc. 50-8, p.1, n.1] Smith's conviction was affirmed by the 15th Judicial District Court for the State of Louisiana. On September 30, 2013, the Third Circuit Court of Appeal for the State of Louisiana reversed, vacated, and set aside the conviction.2 [Id.; Doc. 29] Thereafter, "the City Prosecutor sought a...
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