Spainhoward v. White Cnty.

• Decision Date: 01 February 2019
• Docket Number: No. 2:18-cv-00015,2:18-cv-00015
• Citation: 421 F.Supp.3d 524
• Parties: Robyn SPAINHOWARD, as Administratrix of the Estate of Michael Zennie Dial II, Plaintiff, v. WHITE COUNTY, TENNESSEE, et al., Defendants.
• Court: U.S. District Court — Middle District of Tennessee

421 F.Supp.3d 524

Robyn SPAINHOWARD, as Administratrix of the Estate of Michael Zennie Dial II, Plaintiff,

v.WHITE COUNTY, TENNESSEE, et al., Defendants.

No. 2:18-cv-00015

United States District Court, M.D. Tennessee, Northeastern Division, Cookeville Division.

Filed February 1, 2019

Benjamin K. Raybin, David J. Weissman, Raybin & Weissman, P.C., Nashville, TN, J. Michael Shipman, II, Shipman & Crim, PLLC, Cookeville, TN, for Plaintiff.

Kristin Ellis Berexa, Farrar & Bates, LLP, Michael T. Schmitt, Ortale, Kelley, Herbert & Crawford, Nashville, TN, for Defendants.

MEMORANDUM OPINION

WAVERLY D. CRENSHAW, JR., CHIEF UNITED STATES DISTRICT JUDGE

Robyn Spainhoward, the Administratrix of the Estate of Michael Zennie Dial II, brings this action arising out of a vehicular pursuit and shooting of Dial by law enforcement that resulted in Dial's death. Spainhoward brings claims against individual and municipal defendants under 42 U.S.C. § 1983 based upon alleged violations of the Fourth and Fourteenth Amendments to the United States Constitution. Before the Court are all Defendants' Motions to Dismiss pursuant to Federal Rule of Procedure 12(b)(6). (Doc. Nos. 18, 36, 40.) Spainhoward has responded in opposition (Doc. Nos. 28, 49, 50), and Defendants have replied (Doc. Nos. 39, 56, 57). For the following reasons, (1) the Motions to Dismiss of Defendants Sims and City of Sparta will be granted and (2) the Motion to Dismiss of Defendants West, Shoupe, and White County will be granted in part and denied in part.

I. Legal Standard

To survive a Rule 12(b)(6) motion, " ‘a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.’ " Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) ). The plausibility standard is not akin to a ‘probability requirement,’ but it asks for more than a sheer possibility that a defendant has acted unlawfully." Id. (quoting Twombly, 550 U.S. at 557, 127 S.Ct. 1955 ). "If the plaintiffs do not nudge their claims across the line from conceivable to plausible, their complaint must be dismissed." Lutz v. Chesapeake Appalachia, L.L.C., 717 F.3d 459, 464 (6th Cir. 2013) (citation and brackets omitted). Dismissal is likewise appropriate where the complaint, however factually detailed, fails to state a claim as a matter of law. Mitchell v. McNeil, 487 F.3d 374, 379 (6th Cir. 2007). In deciding a motion to dismiss, the court is not required to accept summary allegations, legal conclusions, or unwarranted factual inferences. Mixon v. Ohio, 193 F.3d 389, 400 (6th Cir. 1999) ; Lillard v. Shelby Cty. Bd. of Educ., 76 F.3d 716, 726 (6th Cir. 1996).

The Court may consider public records and exhibits attached to the pleadings in deciding a motion to dismiss. Rondigo LLC v. Twp. of Richmond, 641 F.3d 673, 680-81 (6th Cir. 2011) ; see also Wyser-Pratte Mgmt. Co., Inc. v. Telxon Corp., 413 F.3d 553, 560 (6th Cir. 2005) (noting that in deciding a motion to dismiss "the court may also consider other materials that are integral to the complaint, are public records, or are otherwise appropriate for the taking of judicial notice").

II. Factual Allegations ¹

Spainhoward, a resident of Davidson County, Tennessee, was the legal wife of Dial at the time of his death. Defendants White County and the City of Sparta are political subdivisions of the state of Tennessee. Defendant Charlie Sims is a Sparta Police Department officer. Defendant Oddie Shoupe is the Sheriff of White County. Defendant Adam West is a White County Reserve Deputy Sheriff.

On April 13, 2017, Dial was stopped by law enforcement in a parking lot in Dekalb County, Tennessee. During this stop, officers with the Smithville Police Department learned that Dial's driver's license was suspended, and, thus, Dial was prohibited from driving by law. However, Dial was later observed by Smithville Police driving his 1976 Chevrolet pick-up truck with a fully loaded trailer in tow. Smithville Police therefore attempted to stop Dial for driving on a suspended license. Dial did not stop and continued driving along Tennessee State Highway 70 from Smithville towards the City of Sparta in White County. Tennessee Highway Patrol joined the pursuit as it continued into White County and, later, the City of Sparta. Eventually, White County Sheriff's deputies and Sparta Police Department officers joined the pursuit. While traveling along State Highway 111 at speeds of approximately fifty miles per hour, law enforcement attempted to stop Dial by utilizing what are known as "PIT maneuvers."² (Doc. No. 1 at ¶ 22.) During Dial's flight, numerous vehicles passed by traveling in the other direction. Dial accelerated and decelerated, and several times drove into the grassy median of a four-lane highway as cars moved quickly past. The movement of Dial's vehicle caused objects that were not well-secured in the trailer to be flung onto the roadway.

The Complaint alleges that (1) law enforcement officers were unsuccessful and damaged their own patrol vehicles in the PIT maneuver efforts; (2) Dial continued to travel northbound on Highway 111 at speeds of approximately fifty miles per hour; and (3) "[a]t no point after turning onto Highway 111 did Dial pose a threat to any members of the public ... [i]n fact ... Dial was in reasonable control of his vehicle." (Id. at ¶¶ 23-24.) The video, however, shows Dial continuing to drive aggressively in the general area of other cars and pursuing police vehicles. (Doc. No. 6, Video Ex.) Eventually, Sims moved in front of Dial's truck and tried to stop him by slowing. (Id.)

The Complaint alleges that, upon hearing that PIT maneuvers were in use, Shoupe, who was not present on the scene, communicated "to instead use deadly force." (Doc. No. 1 at ¶ 25.) Specifically, the radio dispatch stated, "per 59 [Sheriff Shoupe], take him out by any means necessary including deadly force." (Doc. No. 6, Video Ex.) Upon a request to repeat, the dispatcher stated, "per 59 [Sheriff Shoupe]. Use deadly force if necessary.

Take the subject out by any means necessary." (Id.) The Complaint alleges that Shoupe gave this order "for no legitimate law enforcement purpose but rather solely to prevent damage to patrol cars." (Doc. No. 1 at ¶ 26.)

Upon hearing the command to use deadly force, West immediately drew his weapon. Meanwhile, White County Deputy Sheriff Brandon Young continued efforts to utilize a PIT maneuver.³ Deputy Young was successful in causing Dial to veer sideways off Highway 111 into a ditch-like area on the side of the road. The Complaint claims that, again, at this time, "there was no imminent safety threat that required the use of deadly force." (Id. at ¶ 30.) As Dial was being pushed off the right shoulder, West reached out the driver's side window of his vehicle with his left hand and fired three shots. Dial's driver-side window shattered, and his vehicle shifted off to the right side of the steep embankment. Sims saw Dial's vehicle wrecking and turned his patrol car around on Highway 111 facing Dial's general direction. West stopped his vehicle, exited and continued to fire shots at Dial until his magazine was empty. Sims exited his vehicle and fired approximately four or five shots as Dial's car slowly drove past him. Dial then slumped down and crashed his vehicle into the tree line which was below and parallel to Highway 111.

Dial was non-responsive as law enforcement approached his vehicle and immediately pulled him out of it. Deputy Young noted a bullet hole in Dial's head and Dial's blood-covered white shirt. Dial was taken to Highlands Medical Center in Sparta, where he died from the injury. Dial had not been armed, nor had the individual Defendants been advised that Dial was armed. The Complaint alleges that "it appears neither law enforcement agency was aware of why or who they were pursuing." (Id. at ¶ 51.) The traffic stop was allegedly "initiated entirely because of a suspended driver's license." (Id. at ¶ 52.)

Shortly after the shooting, Sims repeated several times, "Guess I'm fired now." (Doc. No. 6, Video Ex.) After that, Shoupe, while discussing the shooting with a deputy, was unknowingly recorded saying: "I told him, I said ‘take him out.’ Damn, I don't give a sh-t. They said, ‘we'll ram him’, I said ‘don't ram him, shoot him!’ F-ck that shit. Ain't gonna tear my cars up. But I got two cars tore up again." (Doc. No. 1 at ¶ 43; Doc. No. 6, Video Ex.) Shoupe also said: "Let me tell you something, [name]. If they don't think I'll give the damn order to kill that motherf-cker, they're full of sh-t." (Doc. No. 1 at ¶ 44; Doc. No. 6, Video Ex.) Shoupe further declared: "I love this sh-t. God, I tell you what, I thrive on it." (Doc. No. 1 at ¶ 45; Doc. No. 6, Video Ex.)

In Dial's autopsy report, it is explained that Dial "rammed or hit several cars with his truck or trailer" and "ramm[ed] police cars and hit[ ] them with his trailer" during a pursuit ending in White County, before dying of a single gunshot wound

across the "back of his head." (Doc. No. 20-1 at 1, 6-7.) Dial's autopsy blood testing revealed amphetamines, methamphetamines, and marijuana in his system. (Id. at 11.)

III. Discussion

Spainhoward sues Sims, West, and Shoupe in their individual capacities for the use of excessive force against Dial. She sues White County and the City of Sparta for (1) having policies, procedures, practices, or customs that amount to deliberate indifference to the use of excessive force; and (2) failing to adequately train and educate their officers in the proper use of force to subdue a citizen (e.g., during vehicle stops). In addition, she sues White County under the theory that Shoupe, as a final policymaker, instructed officers to follow a course of action that violated Dial's constitutional rights. Defendants move to dismiss all claims on the grounds of qualified immunity and...