Wood v. Eubanks

• Decision Date: 08 May 2020
• Docket Number: Case No. 3:18-cv-168
• Parties: Michael A. Wood, Plaintiff, v. Sgt. Chad Eubanks, et al., Defendants.
• Court: U.S. District Court — Southern District of Ohio

Michael A. Wood, Plaintiff, v. Sgt. Chad Eubanks, et al., Defendants.

Case No. 3:18-cv-168

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON

May 8, 2020

Judge Thomas M. Rose

ENTRY AND ORDER GRANTING IN PART MOTION FOR SUMMARY JUDGMENT BY DEFENDANTS MICHAEL CORNELY, JUSTIN ELLER, JOHN HOWARD, JERRY KNIGHT, BRIAN O'NEAL, ECF 31, DENYING PLAINTIFF'S MOTION FOR LEAVE TO MANUALLY FILE CERTAIN ITEMS, ECF 44, DENYING MOTION FOR EXTENSION OF TIME , ECF 52 AND TERMINATING CASE.

In the instant case, Plaintiff basically urges the Court to conclude that wearing a shirt that proclaims "F**K THE POLICE" gives the wearer a cause of action against any officer who uses force against the wearer no matter what reasons the officers have for their actions. Unfortunately for Plaintiff, Officers responding to a request to remove a trespasser enjoy qualified immunity from suits alleging a reasonable amount of force to effectuate a lawful arrest.

Pending before the Court are a Motion for Summary Judgment by Defendants Chad Eubanks, Joseph Johnson, Jacob Shaw, Cherish Steiger, Mario Troutman, Jr, Matthew Yates, (ECF 31), a Report and Recommendation from Magistrate Judge Sharon L. Ovington, (ECF 39), and Objections to the Report and Recommendation from all parties. (ECF 40, 41.) Additionally, Plaintiff has filed a Motion for Leave to Manually File Certain Items, (ECF 44), and a Motion for Extension of Time. (ECF 52.)

I. Background

On July 29, 2016 Plaintiff Michael A. Woods entered the Clark County Fairgrounds around 10:30 a.m., wearing a shirt that said, "F**k the Police." (ECF 6, PageID 63).¹

At approximately 1:45 p.m., the command post for the Sheriff's Department received a call from the Fire Barn that Michael Wood was walking around the fairgrounds with a "F**k the Police" shirt on and was making people feel uncomfortable. (Eubanks Decl., ¶ 6). Similarly, fairgoers complained to both Deputy Troutman and Deputy Shaw that a male was using his phone to record them and their children. (Troutman Decl,, ¶ 5-6; Shaw Decl., ¶ 5). They also complained the male wearing the "F**k the Police" t-shirt was also using profanity. (Id.). Deputies Troutman and Shaw witnessed Plaintiff using his phone to video fairgoers including children. (Id.).

Plaintiff alleges he and Defendant Jacob Shaw engaged conversation. (Id. at 64.) Shortly after their conversation began, Defendants Matthew Yates and Mario Troutman approached in a golf cart and interrupted. (Id.) The other Defendants were also seated in golf carts surrounding Plaintiff, albeit at a distance. (Id.) At Plaintiff's request, Defendants Yates and Troutman identified themselves and then asked Plaintiff to identify himself. (Id.) Plaintiff responded that he was not obligated to do so. Defendant Yates replied, "We know who you are." (Id.)

Defendants Troutman and Shaw spoke with Plaintiff; "The conversation was brief, uneventful and cordial." (ECF 31, PageID 216, 223). Afterwards, they drove away. (Id.)

At approximately 5:45 p.m. on July 29, Defendants were called to the Youth Building. (Eubanks Decl., ¶ 8; Troutman Decl., ¶ 8; Shaw Decl., ¶ 8; Johnson Decl., ¶ 5; Yates Decl., ¶ 5; Steiger Decl., ¶ 5, ECF 31, PageID 213, 216, 223, 226, 229, 232). Defendants Yates, Johnson, and Troutman wore bodycams and filmed the interaction with Plaintiff via bodycams. Defendant Yates began filming first. His video shows that in the Youth Building Dean Blair, the Executive Director of the Clark County Fairgrounds approached Plaintiff first. Yates Cam #1 00:01-30. As Defendant Yates walked closer to Plaintiff and Blair, two other uniformed officers entered the Youth Building from the opposite direction. Yates Cam #1 00:25-30.

Blair asked Plaintiff to leave the fairgrounds. (Johnson Decl., Exhibit 1, hereinafter "Johnson Body Cam," at :20; Yates Decl., Exhibit 1, hereinafter "Yates Body Cam," at :40). Plaintiff asked for his fair entrance money back and Blair refunded Plaintiff's entrance fee. (Id. at :38 and 1:00, respectively). Blair again asked Plaintiff to leave. (Id. at :44 and 1:04, 1:27, respectively). Plaintiff agreed to leave. (Id. at 1:10-1:21 and 1:30, respectively; Complaint, ECF 6, ¶ 20, PageID 65). Before he begins to leave, Plaintiff takes a step toward Deputy Steiger and states: "You ain't pushin' me nowhere, I'll leave." (Johnson Body Cam, 1:17- 1:20).

Plaintiff then turned towards the Defendants and directs his attention toward them:

Plaintiff: Am I being detained? I don't answer questions.

Blair: You're in my home. This is my property.

Plaintiff: I don't answer questions.

Blair: This is my property. I want you to leave. You're not welcome at my home. I want you off my grounds.

Johnson Cam 00:13-00:25; Yates Cam #1 00:25-35.

Plaintiff agreed to leave if his three dollar entrance fee was refunded. (ECF 6, PageID 65). Blair gave Plaintiff $5 and told him to "keep the change" and never come back. Johnson Cam 00:25-00:40. Plaintiff offered, "I have change for you, sir." Johnson Cam 00:39-42. Blair refused. Johnson Cam 00:43-53. Plaintiff began walking out of the Youth Building and onto a thoroughfare. As he walked, he argued and shouted with Blair. (Johnson Body Cam, 1:40 - 2:30; Yates Body Cam, 1:45 - 2:57; Troutman Decl., Exhibit 1, hereinafter "Troutman Body Cam," at :21 - 1:16). During this time, Plaintiff throws his refunded money on the ground (Yates Body Cam at 2:47) and then states to Blair, "Five dollars ain't shit to me, bro...Who the f**k do you think you are?" (Troutman Body Cam, 1:10-1:13).

Blair and Plaintiff continued to argue:

Plaintiff: You do realize that what I'm doing is a constitutionally protected activity, right?

Blair: Not in my home.

Plaintiff: Not in your home? This isn't your home. This is public property.

Johnson Cam 00:53-1:04. Eventually, Blair asked Defendants, "What I have to say to him?" and then reiterated to Plaintiff, "Get off my grounds." Yates Cam 1:24-30. Plaintiff responded, "Very well. I'll be talking to my attorney about this." Yates Cam 1:27-35. After Blair and Plaintiff's conversation, something happened outside the cameras' view, and Plaintiff said to one of the Defendants, "You ain't pushing me nowhere. I'll leave." Yates Cam #1 1:35-42; Johnson Cam 1:17-1:22.

Plaintiff began to walk towards a large open door. Johnson Cam 1:17-1:22. However, very shortly after he started walking, he turned to face Defendants and asked multiple times if they took an oath to uphold the Constitution. Yates Cam #1 1:40-2:03; Troutman Cam #1 00:00- 5 00:23; Johnson Cam 1:26-43. Around the same time, Blair repeated, "you're not welcome in my house." Troutman Cam #1 00:20-25. While the complaint alleges that Deputy Troutman then pushed him "on the back of his right shoulder propelling his body forwards towards a large garage door opening," (ECF 6, PageID 65), the "push" is not visible on any of the videos. Troutman described that same interaction differently: "I put my hand on Mr. Wood's shoulder or arm to direct him to the Youth Building exit. I did not push Mr. Wood. I did not use any force. My hand was in contact with Mr. Wood for no more than a second." (ECF 31, PageID 217). The cameras do capture Plaintiff's response; he told Troutman not to touch him or put his hands on him. Yates Cam #1 2:00-19; Troutman Cam #1 00:15-30; Johnson Cam 1:43-1:53.

As they are walking out, one Defendant said to Plaintiff, "you've been given an order" and Plaintiff asked, "an order? is that a lawful order?" Yates Cam #1 2:10-18; Troutman Cam #1 00:30-35. The same Defendant continued, "to vacate the property. So you're leaving." Troutman Cam #1 00:32-35. Blair repeated, "I've asked you to leave my grounds." Plaintiff repeated his position that the fairgrounds are not Blair's and are instead public land. Yates Cam #1 2:15-25; Troutman Cam #1 00:36-48

As Plaintiff and Blair walked out of the Youth Building, Defendants remained close to them. Yates Cam #1 2:18-57. Plaintiff alleges that once outside, Blair continued to speak about Plaintiff's t-shirt. (ECF 6, PageID 65). As Plaintiff and Mr. Blair continued to argue, oneDefendant spoke into his radio, "Everybody's back here with Sergeant Eubanks, Mr. Blair, we're escorting ... We're walking with him to the front gate." Johnson Cam 2:26-35.

While Plaintiff was walking, he announced, "Look at these thugs with badges behind me. How many is there? 1, 2, 3, 4, 5, 6 motherf**kers. Six b***h ass f**kin' pigs. F**king thugs with guns that don't uphold the United States Constitution. F**k all you. You dirty rat bastards." Yates Cam #1 2:57-3:14; Troutman Cam #1 1:15-31. As Plaintiff spoke, he stopped and turned towards the officers. A Defendant instructed him, "keep walking, sir." Yates Cam #1 3:01-05. Plaintiff then turned to Defendant Steiger, telling her, "And you, you're a f**king thief, I've heard about you." Yates Cam #1 3:13- 17; Troutman Cam #1 1:30-35. Plaintiff walked to a small tent and picked up a cooler and folding chair. Yates Cam #1 3:24-58.

As Plaintiff stopped to pick up his belongings, Deputy Troutman asks Plaintiff to go "this way, sir," Plaintiff tells Deputy Troutman to "shut-up." (Troutman Body Cam, 1:45-1:48); Plaintiff said, "F**king thugs with badges." Yates Cam #1 3:32-38; Troutman Cam #1 1:50-2:00. Shortly thereafter, Plaintiff proclaimed, "United States Constitution doesn't apply at the Clark County fairgrounds, people." Yates Cam #1 3:41-46; Troutman Cam #1 2:00-05.

Plaintiff and Defendants then disagreed on where Plaintiff should exit. Plaintiff asserted, "I'm going out the back gate." Yates Cam #1 3:49-53; Troutman Cam #1 2:07-12. He also told them that he came in the back gate. But the officers insisted on walking to the front gate. Defendant Johnson said, "we're not going to walk all the way to the back gate" and Plaintiff replied, "Then that's your f**king fat-ass problems, mother**kers. I'm leaving." Yates Cam #1 3:55-4:02; Troutman Cam #1 2:08-21. Plaintiff walked away and Blair walked next to him.

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