Woods v. Town Of Danville

• Decision Date: 14 May 2010
• Docket Number: Civil Action No. 2:09-cv-00366.
• Citation: 712 F.Supp.2d 502
• Court: U.S. District Court — Southern District of West Virginia
• Parties: Donna WOODS, et al., Plaintiffs,v.TOWN OF DANVILLE, WEST VIRGINIA, et al., Defendants.

712 F.Supp.2d 502

Donna WOODS, et al., Plaintiffs,v.TOWN OF DANVILLE, WEST VIRGINIA, et al., Defendants.

Civil Action No. 2:09-cv-00366.

United States District Court, S.D. West Virginia.

May 14, 2010.

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Kenneth E. Webb, Jr., Justin M. Harrison, Bowles Rice McDavid Graff & Love, Charleston, WV, for Plaintiffs.

Steven K. Nord, Ryan Q. Ashworth, Offutt Nord, Huntington, WV, Scott W. Andrews, Offutt Nord, Charleston, WV, for Defendants.

MEMORANDUM OPINION AND ORDER

JOSEPH R. GOODWIN, Chief Judge.

Pending before the court are motions for summary judgment by defendants Officer Arthur Jarrett [Docket 48] and the Town of Danville, West Virginia [Docket 50]. For the reasons stated below, Officer Jarrett's motion is GRANTED in part and DENIED in part, and the Town of Danville's motion is DENIED.

I. Background

A. Facts

1. The August 10, 2008 Incident

On August 10, 2008, Officer Arthur Jarrett was employed as a police officer for the Town of Danville, West Virginia (“Danville”). He was not a certified police officer.¹ He had been employed with the Danville police department for approximately eight days and had never worked as a police officer before taking the job.

In the early evening of August 10, 2008, a 911 dispatch broadcast a “Signal 12 with weapon” (fight with a weapon in progress) in the town of Madison, West Virginia (“Madison”). Madison and Danville neighbor one another. After a Madison police unit responded to the call, 911 issued a second dispatch for “any unit available” to back up the Madison unit. (Jarrett Dep. 69:11). Although he was a Danville, rather than a Madison, police officer, Jarrett responded to the second call. He was not individually dispatched, nor did he attempt to contact his Chief of Police before responding. On his way from Danville to Madison, Jarrett heard a radio bulletin describing the alleged suspect as a “[m]ale running down Main Street towards the car wash in a white tee shirt.” ( Id. at 75:9-10). A unit from the Madison Police Department asked over the radio “if that was the one with the gun,” and 911 responded that they were “unsure.” ( Id. at 75:12-13). Jarrett arrived in Madison and pulled his unmarked police car to the side of the road near the car wash, where he could observe anyone who might be running toward it.

Shortly thereafter, Jarrett observed a person running down Main Street toward the car wash in a white tee shirt. This person was Andrew Lee Adkins, a fourteen-year-old member of the Scott High School cross country team who was out for a run. Adkins was approximately five feet two inches tall and was of slender build. In addition to the white tee shirt, he wore black running shorts, a sport watch, and running shoes.

Seeing Adkins, Jarrett emerged from the patrol car with his firearm drawn and yelled to Adkins, “Get the fuck on the ground.” (Adkins Dep. 20:16-17). Adkins put his hands up and asked Jarrett what he did wrong. Jarrett again ordered Adkins to get on the ground. Adkins complied while continuing to ask Jarrett what he did wrong and telling him he had the wrong person. Jarrett handcuffed Adkins and told him to get up. The tightness of the handcuffs caused Adkins pain. Jarrett then pulled Adkins off the ground by the handcuff chain, which Adkins claims caused additional pain, cuts, and bruising to his wrists.

Jarrett placed Adkins in the police car for a short time, after which he heard a radio transmission that caused him to realize that he had the wrong suspect. He released Adkins and said, “Sorry for the scare. You may go.” (Adkins Dep. 35:21-22). Adkins ran back to his grandparents' house, which is located in Madison.

2. Training of Officers

Danville's Chief of Police Phillip Boehm is responsible for training new officers in the Danville Police Department. He typically instructs trainees to read the Danville Police Department's Regulations, Policy and Operating Procedures Manual (the “Manual”), answers trainees' questions, asks trainees to prepare mock police reports for common crimes, and takes them on patrol. Chief Boehm stated that he teaches proper arrest procedure during training, but only if he actually arrests someone. Generally, after a week or so of training, depending on a new officer's progress, Chief Boehm will allow the new officer to go on patrol alone, regardless of whether he has been certified to use a firearm.

As part of his training, Jarrett reviewed the Manual, asked Chief Boehm questions, prepared mock police reports, and rode along with Chief Boehm. He did not recall any specific instructions from Chief Boehm about how to properly apprehend a suspect. And as of August 10, 2008, Jarrett was not qualified to carry a firearm.²

3. Facts Regarding the Hiring and Retention of Officers

As part of his duties, Chief Boehm typically interviews every applicant for open officer positions. He testified that he conducts a criminal background check of all potential officers and contacts the references listed on their applications. Danville does not, however, conduct a psychological fitness-for-duty evaluation for officer applicants, nor has it considered making such evaluations part of the officer hiring process.

Jarrett's employment history includes military service in the Navy, followed by spotty employment with various companies. Two years after enlisting in the Navy in 1991, Jarrett was discharged “under other than honorable conditions” because of unlawful drug use. (Ex. E, Pls.' Resp. Opp'n Mot. for Summ. J. Danville). Between the time of his Navy discharge and his job with Danville, Jarrett held more than ten jobs. Jarrett was fired from his job at Wal-Mart for taking a customer's car out and spinning its tires on the concrete. He quit his job at Independence Coal Company because he was “pissed [ ] off for getting written up.” (Jarrett Dep. 23:4-9). He was terminated from his job driving for Cuyahoga Ambulance of Cleveland, Ohio, because he had points on his license and Cuyahoga's insurance company would not cover him.

There is no evidence that Chief Boehm knew about or even looked into Jarrett's termination from Wal-Mart or Cuyahoga Ambulance, or the disciplinary action taken at Independence Coal. At the time of Jarrett's hiring, Chief Boehm was unaware that Jarrett had been other than honorably discharged from the Navy for drug use.

Chief Boehm did contact a few of Jarrett's listed references, including a deputy sheriff who had “known [Jarrett] for several years.” (Ex. D, Pls.' Resp. Opp'n Mot. Summ. J. Def. Danville). The deputy first told Chief Boehm that “this would be a good job for [Jarrett],” but later called back and explained to Chief Boehm that Jarrett “has problems with anger.” ( Id.) Chief Boehm later indicated that he recalled “that [Jarrett] had a problem with anger,” but could not remember whether he found out before or after he had hired him. (Boehm Dep. 70:11-14).

B. Procedural History

On March 24, 2009, Adkins's parents, Donna and Harold Woods, filed suit on Adkins's behalf in the Circuit Court of Boone County, West Virginia. The Complaint alleges four counts. The first two counts assert claims against Jarrett for Fourth Amendment violations under 42 U.S.C. § 1983. Count One alleges that Jarrett falsely arrested Adkins, and Count Two claims that Jarrett used excessive force against Adkins. Count Three asserts a federal claim for municipal liability against Danville. Count Four asserts several state law claims against Jarrett and Danville.

The defendants removed the case to federal court on April 14, 2009, on the basis of federal question jurisdiction. On February 9, 2010, Jarrett and Danville filed separate summary judgment motions. The plaintiffs responded on February 23, 2010, and the defendants replied on March 4, 2010. The matter is ripe for review.

II. Standard of Review

To obtain summary judgment, the moving party must show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c). In considering a motion for summary judgment, the court will not “weigh the evidence and determine the truth of the matter.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Instead, the court will draw any permissible inference from the underlying facts in the light most favorable to the nonmoving party. Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587-88, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986).

III. DiscussionA. Claims against Officer Jarrett

1. Federal Claims

Title 42 U.S.C. § 1983 subjects to civil liability any person who, acting under color of state law, deprives an individual of his constitutional or federal rights. The plaintiffs allege that Jarrett violated Adkins's Fourth and Fourteenth Amendment rights by seizing him without reasonable suspicion and employing excessive force in doing so. Jarrett asserts that qualified immunity precludes the claims against him.

a. Qualified Immunity

Qualified immunity is meant to “strike [ ] a balance between compensating those who have been injured by official conduct and protecting the government's ability to perform its traditional functions.” Wyatt v. Cole, 504 U.S. 158, 167, 112 S.Ct. 1827, 118 L.Ed.2d 504 (1992). Government officials, such as police officers, should benefit from immunity where “it [i]s necessary to preserve their ability to serve the public good.” Id. Where a police officer acts outside the scope of his authority, however, the rationale behind the qualified immunity defense falls away. Indeed, the Fourth Circuit has held that “when a government official [ ] act[s] totally beyond the scope of his authority, he received no immunity at common law and is entitled to none under § 1983.” In re Allen, 106 F.3d 582, 594 (4th Cir.1997); see also Barr v. Matteo, 360 U.S. 564, 572, 79 S.Ct. 1335, 3 L.Ed.2d 1434 (1959) (observing that “ ‘decisions have,...