Stillwagon v. City of Del.

• Decision Date: 15 August 2017
• Docket Number: Case No. 2:14–cv–807, Case No. 2:14–cv–1606
• Citation: Stillwagon v. City of Del., 274 F.Supp.3d 714 (S.D. Ohio 2017)
• Parties: James R. STILLWAGON, Plaintiff, v. The CITY OF DELAWARE, et al., Defendants. James R. Stillwagon, Plaintiff, v. Officer James Ailes, et al., Defendants.
• Court: U.S. District Court — Southern District of Ohio

274 F.Supp.3d 714

James R. STILLWAGON, Plaintiff,

v.The CITY OF DELAWARE, et al., Defendants.

James R. Stillwagon, Plaintiff,

v.Officer James Ailes, et al., Defendants.

Case No. 2:14–cv–807

Case No. 2:14–cv–1606

United States District Court, S.D. Ohio, Eastern Division.

Signed August 15, 2017

James Donald McNamara, Columbus, OH, for Plaintiff.

Michael S. Loughry, Douglas C. Boatright, Douglas Paul Holthus, Stacy Virginia Pollock, Mazanec, Raskin & Ryder Co., LPA, Robert Henry Stoffers, Williams & Schoenberger Co., LLC, Columbus, OH, for Defendants.

OPINION AND ORDER

EDMUND A. SARGUS, JR., CHIEF UNITED STATES DISTRICT JUDGE

This matter is before the Court on the parties' cross-motions for summary judgment.Defendants The City of Delaware(the "City"), Detective Benjamin Segaard, Former Detective Patrick Gerke, Officer Adam Willauer, Detective Sergeant Jonathan Radabaugh, Officer James Ailes, and Officer Jason Flynn(collectively, the "Municipal Defendants")¹ have moved for summary judgment on all of PlaintiffJames R. Stillwagon's ("Stillwagon") claims against them.(Defs.' Mot. for Summ. J.at 1[ECF No. 203].)²Stillwagon, in turn, seeks summary judgment against several of the Municipal Defendants on his § 1983 false arrest, malicious prosecution, and excessive force claims, his Ohio law malicious prosecution claim, and his municipal liability claim relating to excessive force.(Pl.'s Mots. for Summ. J.[ECF Nos. 205, 206, 207].)

Also before the Court are two additional motions: the Municipal Defendants' Motion to Strike[ECF No. 231] and the Municipal Defendants' Motion to Exclude Certain Expert Testimony[ECF No. 232].

For the following reasons, the CourtGRANTS IN PART and DENIES IN PART the Municipal Defendants' Motion for Summary Judgment[ECF No. 203; '1606 ECF No. 189] and Motion to Strike[ECF No. 231; '1606 ECF No. 217], DENIES Stillwagon's motions for summary judgment[ECF Nos. 205, 206, 207; '1606 ECF Nos. 191, 192, 193], and GRANTS the Municipal Defendants' Motion to Exclude[ECF No. 232; '1606 ECF No. 218].

I.BACKGROUND

A.Factual Background

This case stems from a series of widely publicized events that occurred in Delaware, Ohio, and the surrounding highways on September 30, 2012.The Court provides the following description of that day's events based primarily on Stillwagon's deposition testimony.Several witnesses observed portions of these events.And Defendant Mattingly has provided his own account of some of the events.The Court reviews the witness statements and Mattingly's account later.

1.Events on Route 42

On September 30, Stillwagon was riding his motorcycle northeast on Route 42 toward Delaware, Ohio.(SeeStillwagon Dep. Vol. Iat 60–62[ECF No. 200–1].)Stillwagon had a handgun in the tank bag of the motorcycle.(Id. at 95.)He carried the weapon legally, as he had obtained a concealed carry permit several years earlier.(Seeid. at 35.)

DefendantRichard O. Mattingly was also driving on Route 42 on September 30.(SeeMattingly Interview Tr. 1at 5[ECF No. 155–5].)Mattingly had consumed some beer at home.(Mattingly Interview Tr. 2at 48[ECF No. 184–4].)He then continued drinking as he drove his pickup truck.(Seeid. at 49.)

Stillwagon and Mattingly first came into contact at a Marathon station located at the intersection of Routes 42 and 33.(See Marathon Video at 15:07:52.)Stillwagon had stopped to buy gas; Mattingly had stopped for beer and cigarettes.(Seeid. at 15:07:38 to 15:13:17.)Both Stillwagon and Mattingly were parked at gas pumps.(Id. at 15:07:53 to 15:13:09.)Mattingly was parked behind Stillwagon.(Id. )Stillwagon pulled out of the station, and Mattingly left immediately behind him.(Id. at 15:13:02 to 15:13:20.)

Just northeast of the Marathon station, Route 42 narrows from four lanes to two lanes.(SeeStillwagon Dep. Vol. Iat 68–69.)As Stillwagon approached this merger, Stillwagon has testified that Mattingly sped past him on the left, cutting Stillwagon off and nearly hitting him.(Seeid. at 68 70.)The truck came within several inches of Stillwagon's motorcycle.(Seeid. at 69.)As he made the pass, Mattingly was looking at Stillwagon and laughing.(Seeid. at 68–69.)Mattingly then sped off out of Stillwagon's sight, "skip[ing] his tires" along the way (i.e., tapping his brakes to "lay rubber down").(Id. at 70, 72.)

Less than two miles up the road, Stillwagon testified that Mattingly stopped his truck half on the road and half on the berm.(SeeStillwagon Dep. Vol. Iat 70–72.)Mattingly was waving a blue metal baseball bat out of the driver's side window, and signaling for Stillwagon to go around him.(Seeid. )Stillwagon did not drive around the truck; instead, he stopped and waited around 50 yards behind the truck.(Seeid. at 73.)Eventually Mattingly started moving again.(Id. )He sped off out of Stillwagon's sight. "skipp[ing] his tires a few times."(Id. at 73.)

Farther up the road, Stillwagon testified that Mattingly again stopped half on the road and halt on the berm.(Stillwagon Dep. Vol. Iat 74.)He waved for Stillwagon to pass him using the baseball bat.(Id. )When Stillwagon did not pass him, Mattingly took off. peeling out and skipping his tires in the process.(Seeid. at 74–75.)Mattingly soon fell in behind a slower moving car though.(Seeid. at 75.)Stillwagon testified that he then passed Mattingly and the slower moving car.(Id. )

By riding north in the southbound lane, and forcing at least one car off the road in the process, according to Stillwagon, Mattingly caught up with him.(SeeStillwagon Dep. Vol. Iat 75–76;Oct. 1, 2012 Reninger Email at PageID 5110[ECF No. 162–6].)Mattingly purportedly made three cut-in moves from Stillwagon's left, almost knocking Stillwagon off his bike.(Stillwagon Dep. Vol. Iat 76–77.)On the third cut-in, Stillwagon braked.(Id. at 76.)Mattingly responded by making a sharp right turn immediately in front of Stillwagon and braking hard.(Seeid. at 76–78.)Stillwagon testified that he was able to stop just soon enough to avoid colliding with the back of Mattingly's truck.(Seeid. )

Mattingly and Stillwagon were approaching the traffic light at Watkins/Moore Road by this point.(SeeStillwagon Dep. Vol. Iat 78.)The light was red.(Id. )Stillwagon testified that Mattingly drove through the red light and continued at a high rate of speed toward Delaware.(Seeid. )Stillwagon stopped at the light and then, after the light turned green, pulled into a gravel parking area.(Seeid. at 78–79.)Stillwagon wanted to distance himself from Mattingly.(Id. at 79.)While Stillwagon waited in the parking area, two motorists who had witnessed Mattingly's maneuvers (a woman named Lois Reninger and a man) stopped to ask if Stillwagon was alright.(Seeid. at 79–80.)The male motorist called the police at Stillwagon's request.(Seeid. at 80.)The police indicated that Stillwagon could wait by the side of the road for an officer to come and take a report.(Seeid. )Because the police had not given any indication of when an officer might come, Stillwagon decided that he would not make a report.(Seeid. )Stillwagon waited on the side of the road for several minutes.(SeeStillwagon Interview Tr. 2at 37, 41, 43[ECF No. 160–11].)Stillwagon thought that Mattingly would be far up the road by that point.(SeeStillwagon Dep. Vol. Iat 83.)As a precaution, though, in case Mattingly tried "to come back down the road [to] try to run [him] over," Stillwagon removed his firearm from the tank bag and secured it in his jacket before leaving the parking area.(Seeid. at 96.)

Stillwagon drove several miles northeast on Route 42; as he passed Section Line Road, Mattingly pulled back onto the road behind him.(SeeStillwagon Interview Tr. 1at 17[ECF No. 160–10];Stillwagon interview Tr. 2at 43–44;Oct. 2, 2012 Reninger Email at PageID 5111[ECF No. 162–6].)There were five or six cars between them.(SeeStillwagon Dep. Vol. Iat 89–90.)Mattingly entered the southbound lane and passed them all.(Seeid. )Several cars in that lane had to pull off the road to avoid a head-on collision with Mattingly's truck.(Seeid. at 90.)Mattingly then pulled back into the right lane and accelerated.(Seeid. )Stillwagon testified that the truck came within inches of his motorcycle.(Seeid. )To avoid being rammed by the truck, Stillwagon sped up to almost 85 miles per hour.(Seeid. at 90–91.)

Mattingly slowed down and backed away from the bike.(SeeStillwagon Dep. Vol. Iat 91.)However, according to Stillwagon's account, Mattingly soon accelerated into the southbound lane and started his cut-in moves again.(Seeid. at 91–92.)Stillwagon braked.(Seeid. at 92.)Mattingly then cut in front of Stillwagon and braked hard, causing Stillwagon to nearly crash into the back of Mattingly's truck for the second time.(Seeid. at 92–94.)Stillwagon narrowly avoided a collision by swerving and slamming on his brakes.(Seeid. )Both vehicles came to a stop.(Seeid. at 94.)Mattingly then drove up the road and out of Stillwagon's sight.(Seeid. at 94, 101–02.)

2.Events on the Exit Ramp and in the AutoZone Parking Lot

Route 42 merges with Route 23 and turns into a four-lane divided highway as it approaches Delaware.(SeeStillwagon Dep. Vol. Iat 103–13[ECF No. 200–1].)As Stillwagon approached Delaware, he saw Mattingly stopped at the traffic light at the merger; the light was green.(Seeid. at 103.)Stillwagon stayed back 200 to 300 meters and watched Mattingly.(Seeid. at 103–04.)When the light turned red, Stillwagon testified that Mattingly drove through the intersection, narrowly avoiding a collision with a tanker truck, and onto the divided highway.(Seeid. at 106.)Stillwagon waited at two different traffic lights before entering the divided highway.(Seeid. at 106–07.)

An exit ramp on the right (east) side of the highway leads to William Street.(SeeStillwagon Dep. Vol. Iat 112–13.)The ramp forms its own lane.(Seeid. )As...