Yost v. Wilhoit
| Decision Date | 08 November 2021 |
| Docket Number | 2:18-CV-138-DCP |
| Parties | HOWARD YOST, individually and as next of Friend K.Y., and KEATON YOST, Plaintiffs, v. WAYNE WILHOIT, et al., Defendants. |
| Court | U.S. District Court — Eastern District of Tennessee |
This case is before the undersigned pursuant to 28 U.S.C. § 636(c), Rule 73(b) of the Federal Rules of Civil Procedure and the consent of the parties, for all further proceedings including entry of judgment [Doc. 20].
Now before the Court is Defendants' Motion for Summary Judgment [Doc. 81]. Plaintiffs have responded to the Motion [Doc. 106], and Defendants have replied [Doc. 111]. The Motion is ripe for adjudication. Accordingly, for the reasons explained below, the Court GRANTS IN PART AND DENIES IN PART Defendants' Motion [Doc 81].
This lawsuit was filed on August 20, 2018, by Howard Alan Yost, individually, and as next of friend of Kameron Yost and Keaton Yost. [Doc. 1].[1] The Complaint alleges violations of 42 U.S.C. § 1983 and various state laws against Defendants Wayne Wilhoit (“Wilhoit”); Pat Hankins (“Hankins”), in his official capacity as Sheriff of Greene County, Tennessee; David McLain (“McLain”), in his official capacity as Director of Schools for Greene County, Tennessee; Greene County Commission (“Commission”); Greene County Board of Education (“Board”); and Greene County, Tennessee (“County”). [Doc. 1 at 1]. On January 25, 2019, the parties stipulated to the dismissal of the individual capacity claims against Pat Hankins and David McLain. [Doc. 32]. The remaining Defendants, Wilhoit, the Commission, the Board, and the County, have now moved for summary judgment.
The following facts are undisputed, unless otherwise noted. On August 24, 2017, Howard Yost drove Keaton Yost and Kameron Yost to Chuckey-Doak High School (“Chuckey-Doak”) in a white Hummer-H3 (“Hummer”). [Doc. 111 at ¶¶ 1-2]. Howard Yost was the driver of the vehicle, Keaton Yost sat in the front passenger seat, and Kameron Yost sat in the back seat behind his father. [Id. at ¶ 12]. Upon arriving at Chuckey-Doak, Keaton Yost indicated that he wanted to have his own vehicle at school that day. [Id. at ¶ 3]. Keaton Yost testified that he no longer wanted to be dropped off, and Howard Yost said that he needed to go to the bathroom. [Doc. 81-8 at 12]. Thus, the three began driving back home, which was approximately 1.6 miles away from Chuckey-Doak. [Doc. 106 at 17].
On the same day, August 24, 2017, Defendant Wilhoit was working as a school resource officer at Chuckey-Doak and was employed the County through its Sheriff's Department. [Doc. 83 at ¶ 3].[2] Defendant Wilhoit was sitting in his marked patrol car observing traffic entering and exiting the school parking lot when he observed a white Hummer enter the Chuckey-Doak parking lot and then leave. [Id. at ¶¶ 11, 13]. The next set of facts are somewhat disputed. Specifically, according to Defendant Wilhoit, the following occurred:
I observed a white Hummer H-3 enter the Chuckey-Doak parking lot and leave. I observed the Hummer exiting the parking lot while traveling at a high rate of speed and greater than the posted 15 mile an hour speed limit. In addition to the speeding, the Hummer was being driven in a reckless and erratic manner. I was unable at that time to specifically identify the driver. I was able to specifically identify the vehicle itself. As the Hummer was leaving the area where I had been stationed in the school parking lot, I observed it run a stop sign. After I observed it run a stop sign, I briefly lost sight of the vehicle after it turned from Chuckey-Doak Road onto Highway 11E. I then lost sight of it again after it turned onto Meadowbrook Road, which to the best of my knowledge was the only entrance and exit to the Meadowbrook subdivision. As I was attempting to pursue and stop the vehicle, I had both my lights and sirens activated, but the vehicle was successful in its attempts to evade me. I turned into the Meadowbrook subdivision and despite my efforts to locate the vehicle I was not successful. I decided to turn around and go back to the high school. As I was sitting at the stop sign waiting for traffic on Highway 11E to pass so I could pull out onto the highway, I saw the vehicle I had observed and identified minutes earlier pull up behind me.
Howard Yost testified that on the way back home, he approached a stop sign, and he admitted that he rolled through the stop sign. [Doc. 81-7 at 9-10]. Howard Yost stated that the speed limit was fifteen (15) miles in the zone where he was driving, and he agreed that he was going “a tad” over the speed limit. [Id. at 12]. Thus, the parties do not dispute that Howard Yost drove over the speed limit and that he did not stop at a stop sign.[3] In addition, the parties do not dispute Defendant Wilhoit was unable to identify the driver when he saw the Hummer in the school parking lot. [Doc. 83 at ¶ 17]. The parties do dispute whether Defendant Wilhoit activated his blue lights and siren.
According to Kameron Yost, [Doc. 106 at 4].[4] In addition, Kameron Yost states, “[A]t no time did I hear any sirens as we were driving home, or see any blue law enforcement lights as we were driving home.” [Id.]. According to Howard Yost, [Id. at 7].
When Plaintiffs arrived home, Howard Yost went inside, Keaton Yost got into the driver seat of the Hummer, and Kameron Yost got into the passenger seat, and they (Keaton Yost and Kameron Yost) began making their way back to school. [Doc. 81-9 at 8]. According to Defendant Wilhoit, as he was sitting at a stop sign at the exit to the Meadowbrook subdivision waiting for traffic on Highway 11E, the vehicle that he had previously observed pulled behind him. [Doc. 83 at ¶ 24].[5] Defendant Wilhoit executed a traffic stop on that vehicle by turning his vehicle around to face it perpendicularly. [Id. at ¶ 25]. Kameron Yost observed Defendant Wilhoit's vehicle engage its blue lights, turn around to face them, and as Defendant Wilhoit approached the driver's side door, Kameron Yost called Howard Yost. [Id. at ¶ 47].
At that point, Defendant Wilhoit approached the driver, Keaton Yost, in an effort to secure and investigate. [Id. at ¶ 26]. Defendant Wilhoit first ordered Keaton Yost to throw his keys out of the window, and Keaton Yost complied. [Id. at ¶ 27]. Defendant Wilhoit then opened the door and handcuffed Keaton Yost. [Id. at ¶¶ 28-29]. Keaton Yost gave Defendant Wilhoit his hands and wrists without incident. [Id. at ¶ 42]. Defendant Wilhoit walked Keaton Yost back to the area next to the rear wheel on the driver's side and sat him on the ground. [Id. at ¶ 29]. Defendant Wilhoit did not strike, hit, or otherwise have any other contact with Keaton Yost either before or after he was handcuffed other than with a hand on an arm as they walked. [Id. at ¶ 45].
Defendant Wilhoit proceeded around the back side of the vehicle and to the front of the passenger's side. [Id. at ¶ 30]. Defendant Wilhoit did not have to give Kameron Yost any commands because Kameron Yost simply stepped out, put his hands behind his back, and Defendant Wilhoit handcuffed him. [Id. at ¶ 52].[6] Defendant Wilhoit walked Kameron Yost over to the front of his police vehicle, and at that point, other units arrived, including Police Chief Danny Green (“Chief Green”) with the Tusculum Police Department. [Id. at ¶ 33]. Defendant Wilhoit did not have any more interaction with Keaton Yost or Kameron Yost from that point on. [Id. at ¶ 34]. Chief Green secured Kameron Yost in the back of his City of Tusculum vehicle. [Id. at ¶ 35]. According to Kameron Yost, he sat in the City of Tusculum vehicle for “probably six or seven minutes or longer.” [Doc. 81-9 at 21].
Further, the parties agree to the following facts: (1) the force Defendant Wilhoit used on Keaton Yost and Kameron Yost when he secured them at the scene was limited to touching their arms for purposes of handcuffing and escorting/walking them, (2) Defendant Wilhoit did not strike, hit, or have any other contact with Keaton Yost or Kameron Yost either before or after they were handcuffed other than with a hand on an arm as they walked, and (3) Defendant Wilhoit never drew his service weapon or any other weapon. [Doc. 83 at ¶¶ 39, 45, 46]. The parties further agree that Kameron Yost never had any injuries on his person as a result of his encounter with Defendant Wilhoit that day and that Keaton Yost had a bruise, slightly larger than a quarter, on his upper left arm that lasted a couple of days. [Id. at ¶¶ 53, 61].
When Howard Yost arrived on the scene, he admitted that he was driving the vehicle when Defendant Wilhoit observed it in the school parking lot and driving into the subdivision. [Id. at ¶ 36].[7] Following Howard Yost's admission, Keaton Yost and Kameron Yost were released. [Doc. 111 at ¶ 13]. Defendant Wilhoit arrested Howard Yost and charged him with reckless endangerment pursuant to Tennessee Code Annotated § 39-13-103 and felony evading arrest pursuant to Tennessee Code Annotated § 39-16-603. [Doc. 81-5 at 5].[8] Subsequently, Howard Yost's reckless endangerment charge was reduced to speeding in a school zone, and the evading arrest charge was dismissed. [Doc. 81-1 at 1].
The parties also submitted video footage from Chief Green's body camera taken on August 24, 2017. The footage is approximately seven minutes and...
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