Wynn v. City of Lakeland

• Decision Date: 20 July 2010
• Docket Number: Case No. 8:09-CV-983-T-TGW
• Parties: Steven WYNN, Plaintiff, v. CITY OF LAKELAND, et al., Defendants.
• Court: U.S. District Court — Middle District of Florida

727 F.Supp.2d 1309

Steven WYNN, Plaintiff,

v.CITY OF LAKELAND, et al., Defendants.

Case No. 8:09-CV-983-T-TGW.

United States District Court,

M.D. Florida,

Tampa Division.

July 20, 2010.

Gregory P. Abaray, Allen & Abaray, PA, Lakeland, FL, for Plaintiff.

Kristie Hatcher-Bolin, Mark Nelson Miller, Grayrobinson, PA, Lakeland, FL, Sarah P. L. Reiner, Grayrobinson, PA, Orlando, FL, for Defendants.

ORDER

THOMAS G. WILSON, United States Magistrate Judge.

The plaintiff, Steven Wynn, sues police officer Todd Taylor and his employer, the City of Lakeland ("the City"), asserting both a violation of his constitutional rights and state law tort claims arising when Taylor struck the plaintiff's face with his flashlight, causing serious injuries. The defendants have filed a motion for summary judgment as to all six counts of the plaintiff's complaint (Doc. 27).

The plaintiff has adduced evidence supporting a claim under 42 U.S.C.1983 against defendant Taylor for the violation of his constitutional right to be free from excessive force, as well as state law claims for battery against both defendants. However, the plaintiff has not made the requisite showing under Florida law that either defendant can be held liable for assault or that the City can be held liable for negligently hiring, training, supervising, or disciplining Taylor. Accordingly, the motion for summary judgment will be granted as to the assault claims and the negligence claim, and will be denied as to the excessive force claim and the battery claims.

I.

On May 5, 2006, the plaintiff, Steven Wynn, patronized a bar with his girlfriend, now his wife, Miranda Miller Wynn ("Miller"), and two friends, Curtis Butler and Troy Mason (Doc. 32-1, p. 10; Doc. 33-1, p. 28). The plaintiff consumed several alcoholic beverages at the bar and became so intoxicated that he cannot recall the events of the night giving rise to his claims (Doc. 30-1, p. 49). The group left the bar at approximately 2:00 a.m. on May 6, 2006, and, during the drive home in Butler's car, Miller and the plaintiff began to argue (Doc. 33-1, pp. 29-30). The bickering escalated, and the plaintiff and Miller exited the vehicle when Butler was stopped at an intersection ( id., pp. 31-32).

Lakeland police officer Latina Montgomery, after witnessing what appeared to be a disturbance and possible altercation between the couple, radioed dispatch toreport the incident and pulled over to investigate (Doc. 31-1, p. 9). Taylor responded to the radio call and arrived at the scene in approximately two minutes ( id., p. 16). All occupants of the vehicle were questioned; the plaintiff was interviewed by Taylor on South Florida Avenue where the argument occurred, while Miller, Butler, and Mason were questioned by Montgomery around the coiner (Doc. 33-1, p. 43; Doc. 34-1, pp. 43-44). After Montgomery completed her inquiry, she announced the party was free to leave and requested that Butler and Mason escort the plaintiff to Butler's vehicle (Doc. 33-1, p. 39; Doc. 34-1, p. 45).

Subsequently, Montgomery, Butler, and Mason returned to South Florida Avenue and witnessed Taylor's questioning of the plaintiff. Due to his intoxicated state, the plaintiff was verbally belligerent both prior to, and following, Taylor's arrival at the scene, including cursing directed at the officers, Butler, and Mason (Doc. 33-1, pp. 36, 41, 44, 52, 68, 75; Doc. 34-2, pp. 4-5, 13). Butler and Mason were unable to calm the plaintiff or convince him to leave the scene (Doc. 33-1, p. 41). At some point, the plaintiff "was stumbling around" resulting in Taylor grabbing him by the arm (Doc. 33-1, p. 62). The plaintiff announced that he was a marine and that Taylor "can't talk to me this way" (Doc. 34-2, p. 13).

At this point, the versions of what happened materially diverge. Mason testified that Taylor was antagonizing the plaintiff, and the plaintiff "continued to be mouthy" with Taylor (Doc. 39, p. 5). According to Mason, Taylor was holding his flashlight in his right hand on the right side of his head ( id.). Mason said that Taylor brought the flashlight back to the left side of his body and then brought it back to his right, striking the plaintiff in the head ( id., p. 6). Mason testified that Taylor was swinging the flashlight hard ( id.). The blow broke three bones in the plaintiff's face ( id.).

On the other hand, Taylor testified that, at the time of the flashlight strike, he perceived the plaintiff to be reaching for Taylor's taser. Taylor said that he intended only to hit the plaintiff's right body and shoulder to deflect the plaintiff away from his weapon (Doc. 28, ¶¶ 35, 37, 38).

The plaintiff was placed under arrest for battery on a law enforcement officer and resisting arrest with violence (Doc. 30-1, p. 23). He was then transported to Lakeland Regional Medical Center for treatment ( id., p. 58).

The plaintiff subsequently filed this case against Taylor and the City. He alleges in count one under 42 U.S.C.1983 that Taylor violated his constitutional right to be free from excessive force. The plaintiff also brings in counts two through five state law claims of assault and battery against Taylor and, in the alternative, against the City. Finally, the plaintiff seeks relief from the City in count six for negligence in the hiring, training, supervising, and disciplining of Taylor.

The parties have consented in this case to the exercise of jurisdiction by a United States Magistrate Judge (Docs. 22, 25). The defendants thereafter moved for summary judgment on all counts (Doc. 27). Oral argument was heard on the motion.

II.

The court shall enter summary judgment only if the evidence shows "that there is no genuine issue as to any material fact and that the movant is entitled to a judgment as a matter of law." F.R.Civ.P. 56(c)(2). Material facts are those over which disputes "might affect the outcome of the suit under the governing law."Anderson v. Liberty Lobby. Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Disputes about material facts are genuine "if the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Id. The movant bears the burden of establishing the absence of a dispute over material facts. Reynolds v. Bridgestone/Firestone, Inc., 989 F.2d 465, 469 (11th Cir.1993).

Where the party opposing the summary judgment motion has the burden of proof at trial, the moving party may discharge its initial burden by identifying specific portions of the record which show the absence of evidence to prove the nonmoving party's case at trial. United States v. Four Parcels of Real Property, 941 F.2d 1428, 1437-38 (11th Cir.1991). Alternatively, the movant may come forward with "affirmative evidence demonstrating that the nonmoving party will be unable to prove its case at trial." Id. at 1438. If the moving party does not meet its burden, then the motion for summary judgment will be denied. Id. at 1437.

Where the moving party meets its initial burden, the burden then shifts "to the non-moving party to demonstrate that there is indeed a material issue of fact that precludes summary judgment." Clark v. Coats & Clark, Inc., 929 F.2d 604, 608 (11th Cir.1991). If the party opposing the motion is unable to make a sufficient showing on an element essential to its case on which it has the burden of proof at trial, the movant is entitled to summary judgment. United States v. Four Parcels of Real Property, supra, 941 F.2d at 1438.

In determining whether the moving party should be awarded summary judgment, the court must view the evidence and factual inferences therefrom in the light most favorable to the opposing party. Reynolds v. Bridgestone/Firestone, Inc., supra, 989 F.2d at 469. Any reasonable doubts about the facts are to be resolved in favor of the party opposing the motion for summary judgment. Id.

III.

A. Excessive Force.

In count one of his complaint, the plaintiff seeks damages pursuant to 42 U.S.C.1983 based upon a claim of excessive force by Taylor during the encounter (Doc. 1, p. 3). Taylor has moved for summary judgment on that claim, saying that he is entitled to qualified immunity (Doc. 27, p. 3).

"Qualified immunity offers complete protection for government officials sued in their individual capacities if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Vinyard v. Wilson, 311 F.3d 1340, 1346 (11th Cir.2002) (quotation and citation omitted). To receive qualified immunity protection, the government official must first establish that he was acting within his discretionary authority at the time of the alleged violation. Cottone v. Jenne, 326 F.3d 1352, 1357 (11th Cir.2003). Once that is shown, the plaintiff bears the burden of proving (1) that the official violated a constitutional right and (2) that the right was clearly established at the time the official acted. Saucier v. Katz, 533 U.S. 194, 200-01, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001), modified by Pearson v. Callahan, 555 U.S. 223, ----, 129 S.Ct. 808, 818, 172 L.Ed.2d 565 (2009) (holding that district courts have discretion as to the order in which to address the two prongs).

The plaintiff makes a conclusory assertion that Taylor was not acting in his discretionary authority, but cites no law supporting that assertion (Doc. 39. pp. 10-11). Taylor, on the other hand, has made a showing that he was acting in his discretionary authority (Doc. 27, pp. 4-5). Consequently, Taylor has established that he was acting pursuant to his discretionary authority as a Lakeland police officer whenthe events at issue occurred. Baltimore v. City of Albany, Georgia, 183 Fed.Appx. 891, 895 n. 8 (11th Cir.2006).

Taylor's claim of qualified immunity is based on his version of the confrontation in which he struck the plaintiff in the face with his flashlight because Taylor reasonably believed the plaintiff reached for Taylor's taser. If this were not a qualified immunity case, the...