Wilson v. City of Bastrop ex rel. Cotton
| Decision Date | 17 March 2021 |
| Docket Number | CIVIL ACTION NO. 3:20-cv-00351 |
| Citation | 526 F.Supp.3d 170 |
| Parties | DeOndra WILSON, Individually and on Behalf of Her Minor Child, Ta'layshia Wilson, Surviving Heir of Thomas Johnson, III, Deceased and Thomas Johnson, Jr. v. The CITY OF BASTROP THROUGH Henry COTTON, Mayor; Bastrop Police Department ("BPD"), Through Allan Campbell, Chief of Police; Joshua A. Green, Individually and in His Official Capacity as "BPD" Police Officer and John L. McKinney, Individually and in His Official Capacity as "BPD" Police Officer |
| Court | U.S. District Court — Western District of Louisiana |
Brian G. Smith, Anselm N. Nwokorie, Smith & Nowkorie, Farmerville, LA, for DeOndra Wilson, Thomas Johnson, Jr.
Mark E. Hanna, Joseph Sebastian Trytten, Trevor Matthew Cutaiar, Mouledoux Bland et al., New Orleans, LA, for City of Bastrop.
RULING
This lawsuit follows the death of Thomas Johnson, III, ("Johnson") who was shot and killed by Bastrop Police officers while fleeing on foot, armed with a firearm. Plaintiffs are his heirs. Pending here is Defendants’ "Motion for Summary Judgment on the Issue of Joshua A. Green and John L. McKinney's Qualified Immunity," [Doc. No. 23]. Plaintiffs have filed an opposition [Doc. Nos. 32, 36]. Movers have filed a reply to the opposition [Doc. No. 37].
The police officer Defendants who were involved in the shooting, Joshua A. Green ("Green") and John L. McKinney ("McKinney"), contend they are entitled to qualified immunity from Plaintiffs’ claims. Further, because there was no constitutional violation by Green or McKinney, the movers submit that there can be no liability on the part of the Defendants City of Bastrop and Bastrop Police Department.
Plaintiffs oppose the motion on the grounds that the use of force by both Green and McKinney was excessive.
For the following reasons, the Motion for Summary Judgment [Doc. No. 23] is GRANTED.
On March 19, 2019, at approximately 3:10 p.m., Bastrop Police received a 911 emergency call reporting that someone in a red truck with rims pulled a gun on someone at the Eden Apartments. The individual was identified as Thomas Johnson.1 Shortly before this call, Bastrop Police received another call reporting that "they are drawing guns" over at Eden Apartments.2 The police dispatcher alerted Bastrop Police officers via radio communication of the two 911 calls and gave a vehicle description of a red truck with rims in the vicinity of the Eden Apartments and identified "Thomas Johnson."3
Green was working as a patrol officer for the Bastrop Police Department and was handling a domestic dispute call when the dispatch about the Eden Apartments 911 calls came over the radio.4 Green spoke to one of his Captains about the dispatch and proceeded toward the Eden Apartments.5
Before reaching the Eden Apartments, Green initiated a vehicle stop of a red vehicle with rims on Kammell Street just outside of the Eden Apartments.6 Green instructed the driver to stop the vehicle and turn off the vehicle.7 As Green exited his police unit, the passenger of the vehicle, Johnson, opened the passenger door and stepped to the ground.8 Green instructed Johnson to close the door.9
Green testified that prior to Johnson exiting the vehicle, Green visually observed a silver firearm in Johnson's grasp pointing towards him through the rear of the vehicle. Plaintiffs contend that Green's dashcam video does not show Johnson pointing a firearm at Green, and, further, that Green did not mention seeing a Johnson pointing a firearm at him during the initial investigations of the incident.10
Johnson began to run toward H.V. Adams Elementary.11 Green testified that he feared that Johnson was going to enter the school and that he (Green) was unaware that the school had been closed a few months earlier.12 Green visually observed a silver semiautomatic handgun in Johnson's hand with an extended magazine.13 Green gave verbal commands for Johnson to stop and drop the gun, which Johnson did not obey.14 Green's dashcam video shows a vehicle passing along a driveway in front of the school in the direct path of Johnson as he ran from Green.15
Green pursued Johnson on foot into an open field adjacent to the school and to the east of Kammell Street, and Green repeated commands for Johnson to drop the gun.16 Johnson was running in the direction of other individuals within the field and failed to comply with commands to stop and drop the gun.17 Green testified that he could see the barrel of Johnson's semiautomatic handgun come up toward him as Johnson ran and that he observed Johnson looking over his shoulder to determine Green's location.18 Green testified that he was in fear for his life and for the safety of others, and he engaged Johnson with his gun.19 Green further testified that, because it was around 3:00 p.m., he believed that someone could be at the school.20
Green continued to give loud verbal commands for Johnson to drop his weapon, but Johnson continued to disobey those commands and flee.21 Green testified that he was concerned that, because he had no cover or concealment, Johnson could abruptly turn around and engage him with his weapon at any time.22 Green stated that he did not want Johnson getting to the school and possibly taking hostages.23 Green told State Police investigators that he did not want to die in that field.24 Green saw Johnson running toward two people walking to his left and gave them commands to lay on the ground in fear that Johnson might try to take them hostage.25
Officer McKinney was also working patrol on March 19, 2019.26 McKinney heard Green communicate over the radio "gun!" and "shots fired" and proceeded to the area.27 McKinney feared that Johnson had fired his gun at Green.28 As McKinney approached Green and Johnson's location from the east on Corky Avenue at the T-intersection with Riis Street, he observed Johnson running in his direction.29
Green observed Johnson running in McKinney's direction and Green thought Johnson was going to kill McKinney.30 Green communicated to McKinney by radio that Johnson was heading in his direction.31 Green changed magazines in a tactical reload of his weapon due to the continued threat and understanding that Johnson's gun had an extended magazine.32
McKinney observed the gun with an extended magazine in Johnson's right hand.33 Johnson was holding the gun in his right hand such that he could turn and fire the weapon at any moment.34 After initially running toward the elementary school, Johnson turned south near the location where McKinney was arriving in his police unit and began running south along Riis Street toward the Eden Apartments where the 911 calls originated.35 Green lost visual contact with Johnson as he turned to the south due to a large tree/bush that obstructed his view.36
McKinney gave several commands to Johnson to drop the gun, but Johnson did not comply.37 McKinney fired at Johnson from between his police unit and driver's side door because he thought Johnson was firing his gun.38 During this time, McKinney could hear gunshots but could not determine where they were coming from and thought they were fired by Johnson.39 McKinney testified that he felt that his life was threatened when he came on the scene, saw Johnson with the gun, and heard gunshots.40 After McKinney fired, Johnson fell to the ground, turned around and faced McKinney, picked up the gun, and continued to flee.41 McKinney stepped out and around his police unit and fired three more shots.42
Green heard gunshots but did not know who was firing.43 Green could not see McKinney and feared that Johnson had killed him.44 Green saw Johnson fall to the ground, get back to his feet, and continue running toward the Eden Apartments.45 Until this time, McKinney's view of Green was obstructed by trees and, as he moved forward toward Johnson, he was relieved to see Green in the field to his right because he thought Green had been shot.46
Green got into a kneeling position and engaged Johnson with his firearm.47 Green could still see the gun in Johnson's hand.48 Green did not want to allow Johnson to make it back to the Eden Apartments where the 911 calls originated and allow Johnson to have better cover and concealment and be in the vicinity of bystanders.49 Green observed multiple onlookers from the Eden Apartments walking in the area.50 Green wanted to stop Johnson before he could hurt him or anyone else.51
Green observed Johnson throw the gun to his right and fall to the ground.52 Green did not see McKinney until after Johnson fell to the ground.53 McKinney also visually observed Johnson throw the gun from his right hand to the ground and McKinney alerted the other officers that "I got eyes on the gun."54
Johnson died from his gunshot wounds. On March 18, 2020, this lawsuit was filed by DeOndra Wilson, on behalf of herself and her minor child, Ta'layshia Wilson, heir and surviving child of Johnson; and Thomas Johnson, Jr., the twin brother of Johnson. Plaintiffs allege that Defendants used excessive and deadly force under color of law in violation of Johnson's individual rights under the Fourth Amendment of the United States Constitution and in violation of his civil rights pursuant to 42 United States Code Section 1983 and Louisiana Civil Code art. 2315 et seq.
On May 26, 2020, the Court granted Defendants’ motion to limit discovery to the issue of Green's and McKinney's qualified immunity, so that that issue could be determined at the earliest possible stage in this litigation. [Doc. No. 14].
On February 1, 2021, Defendants Green and McKinney filed the pending motion [Doc. No. 23] in which they contend they are entitled to judgment as a matter of law dismissing Plaintiffs’ claims against them on the grounds of qualified immunity. The motion is fully briefed, and the Court is prepared to rule.
Summary judgment is appropriate if "the movant shows...
To continue reading
Request your trial
-
Bates v. Normand
... ... Connor, 490 U.S. 386, 393-94 (1989); City of Okla ... City v. Tuttle, 471 U.S. 808, 816 ... Joseph ex rel. v. Estate of Joseph v ... Bartlett , 981 F.3d ... hindsight. Peterson , 588 F.3d at 846. Wilson v ... City of Bastrop Through Cotton, 526 F.Supp.3d ... ...
-
Smith v. Town of Lake Providence
...The Court evaluates the use of force from the vantage point of a reasonable officer at the scene rather than 20/20 hindsight. Wilson, 526 F.Supp.3d at 180. guiding the analysis include “the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the of......
- Centripetal Networks, Inc. v. Cisco Sys., Inc.