Cornelius v. City of Mount Washington

ROBERT CORNELIUS PLAINTIFF v. CITY OF MOUNT WASHINGTON, KENTUCKY, et al. DEFENDANTS

Civil Action No. 3:18-CV-00341-GNS-CHL

United States District Court, W.D. Kentucky, Louisville Division

July 21, 2021

MEMORANDUM OPINION AND ORDER

GREG N. STIVERS, CHIEF JUDGE UNITED STATES DISTRICT COURT

This matter is before the Court on the parties' Cross-Motions for Summary Judgment (DN 66, 67, 68). The matters are ripe for adjudication. For the reasons discussed below Defendants' Motion for Summary Judgment (DN 66) is GRANTED IN PART and DENIED IN PART, Plaintiffs Motion for Summary Judgment (DN 68) is DENIED, and Defendants' Motion for Summary Judgment (DN 67) is GRANTED.

I. STATEMENT OF FACTS

On the evening of June 2, 2017, Plaintiff Robert Cornelius ("Cornelius"), was sitting on his front porch with his girlfriend, Madelyn Cornman ("Cornman"), when Defendant Jessie Bratcher, who was employed as a Mount Washington Police Officer ("Officer Bratcher") drove his police cruiser down the street in front of Cornelius' house to address an unrelated matter. (Cornelius Dep. 30:15-31:1, 34:5-9, May 9, 2019, DN 65-1). When Cornelius saw the activated lights on Officer Bratcher's patrol car, he lost consciousness and began suffering a seizure. (Cornelius Dep. 31:1-3). Cornelius has no memory of what happened next. (Cornelius Dep. 31:1-3). Cornman saw that Cornelius was "out of it" and foaming at the mouth, so she ran to Officer Bratcher's cruiser for help. (Cornman Dep. 18:5-6, 25:24-25, May 10 2019, DN 65-3). Officer Bratcher left his cruiser and, upon arriving at the porch, observed that Cornelius appeared to be having a seizure. (Bratcher Dep. 6:22-7:2, Aug. 20, 2019, DN 65-4). Officer Bratcher placed a cushion behind Cornelius' head to prevent injury. (Bratcher Dep. 7:3-7).

According to Officer Bratcher, he then noticed Cornelius making growling, animal-like noises as Cornelius tried to grab ahold of Officer Bratcher and attack him. (Bratcher Dep. 7:8-10). Cornelius began using his arms, hands, and feet in an aggressive manner while Officer Bratcher was trying to protect Cornelius'head. (Bratcher Dep. 11:15-20, 16:1-3). Officer Bratcher was not sure if Cornelius was trying to pull himself up or pull Office Bratcher down. (Bratcher Dep. 20:3-7). At this point, Cornelius' eyes were open, so Officer Bratcher suspected Cornelius was on drugs and knew what he was doing. (Bratcher Dep. 12:6-15, 27:23-25). Officer Bratcher, therefore, backed away and removed a few metal objects from the porch that might be used as weapons. (Bratcher Dep. 7:10-14).

Cornelius then pulled Cornman down onto the porch and got on top of her. (Bratcher Dep. 7:17-19). Officer Bratcher testified that Cornman screamed "stop biting me!" though he never saw Cornelius actually bite Cornman. (Bratcher Dep. 13:22-24). At the same time, Defendant, Mount Washington Police Officer Mike Stump ("Officer Stump") arrived as backup and heard Cornman's "blood-curdling" scream. (Stump Dep. 7:6-8, 39:11-15, DN 65-5). Officer Stump saw Cornelius jump up and lunge across the patio furniture in a violent fashion, flailing and punching like he was trying to kill someone. (Stump Dep. 7:15-25). After Stump saw Bratcher unholster his taser, he began moving Cornelius into the front yard. (Stump Dep. 8:5-11). Officer Stump states he used a "bear hug" to move Cornelius, and eventually got Cornelius away from Cornman. (Stump Dep. 8:10-22). All the while, Cornelius was trying to headbutt Stump and break free from the hold. (Stump Dep. 8:21-3).

After Officer Stump moved Cornelius into the yard, Cornelius whipped his head around and Stump was unable to hold him any longer. (Stump Dep. 9:1-3). Instead, Stump used a palm-heel strike to create some distance between them. (Stump Dep. 9:4-7). Cornelius was still out of control and Stump thought Cornelius was getting ready to come after him, so Stump told Officer Bratcher to tase Cornelius. (Stump Dep. 9:8-11, 21:11-12).

Officer Bratcher deployed the taser's probes and discharged one full five-second cycle. (Bratcher Dep. 8:6). According to both officers the first deployment was ineffective, as Cornelius could still move all his extremities, and Bratcher was unable to handcuff him. (Bratcher Dep. 8:7-11; Stump Dep. 9:17-24). The officers were shouting verbal commands for Cornelius to comply, but he continued to resist. (Bratcher Dep. 73:5-25; Ford Dep. 46:3-10, Feb. 28, 2020, DN 65-8). Bratcher testified he did not know whether Cornelius was incapable of hearing their commands or just ignoring them. (Bratcher Dep. 73:5-25). An off-duty sheriffs deputy, Trevor Ford ("Deputy Ford"), arrived at the scene and observed taser barbs attached to Cornelius.^[1] (Stump Dep. 10:2; Ford Dep. 35:2-6). Ford testified that he could tell that the taser had been ineffective because Cornelius was refusing the officers' commands to stop resisting. (Ford Dep. 37:11-18). Deputy Ford took over for Officer Bratcher who was trying to prevent Cornelius from hitting, kicking, and biting. (Ford Dep. 38:10-12, 51:18-22). Ford described Cornelius' demeanor like a zombie from The Walking Dead, ^[2] as his eyes were extremely wide open, and he was trying to bite them. (Ford Dep. 40:20-41:3).

Officer Bratcher discharged his taser for another five-second cycle. (Ford Dep. 35:11; Stump Dep. 10:11-16). Deputy Ford then helped Officer Stump remove Cornelius' arms from under his chest and handcuff him. (Stump Dep. 10:11-16). Stump states Cornelius was tased just long enough to get his hands together and cuffed, but does not remember how long the taser was activated after the first discharge. (Stump Dep. 10:11-16). All three officers testified Officer Bratcher discontinued the use of his taser after Cornelius was handcuffed. (Stump Dep. 93:9-13; Bratcher Dep. 60:2-4; Ford Dep. 36:16-21). Bratcher maintains he discharged the taser only twice, while Cornelius was still flailing around, screaming, growling like an animal, and swinging his arms and legs. (Bratcher Dep. 8:14-18, 21:18-23). Deputy Ford recalled that Cornelius was still trying to bite people, even after the paramedics arrived. (Ford Dep. 38:11-12).

Cornman tells a different story. According to Cornman, when she came back to the porch after asking Officer Bratcher for help, Cornelius was reaching to grip something like he was trying to pull himself up. (Cornman Dep. 26:1-4). Cornman went to the corner of the porch to help Cornelius and hold onto him. (Cornman Dep. 29:9-10). Cornman testified Cornelius never bit her, and that the only time she screamed was when she later saw officers hurting him. (Corman Dep. 53:7-11, 55:11-25). Instead, Cornman states that as she reached for Cornelius, he grabbed ahold of her and she fell, but only because she was shocked and that Cornelius never hurt her. (Cornman Dep. 22:19-23:4). In fact, after she fell, Cornelius' dog ran out of the house, and Cornman was able to get up and bring the dog back inside. (Cornman Dep. 23:4-7). Although Officer Stump states he was attempting to move Cornelius away from Cornman, Cornman testified Officer Stump was never on the porch. (Cornman Dep. 58:2-7).

After Cornman brought the dog inside, she saw that Cornelius was in the yard, but she did not know how he got there. (Cornman Dep. 53:12-25). Cornman states Officer Stump arrived when she came back outside, and that he and Officer Bratcher were circling and wrestling Cornelius, who was still standing. (Cornman Dep. 37:12-16). Cornman saw that Cornelius seemed confused; that he was using his elbows like a chicken to get the officers off him; that she never saw him kick at the officers; and that both officers were trying to handcuff Cornelius and were able to get on top of him. (Cornman Dep. 37:17-25, 38:11-16). Cornman notes she is not entirely sure about the chronology of the events because she was on the phone calling Cornelius' mother and other people on the scene were asking her questions. (See Cornman Dep. 39:9-13, 63:6-7).

While Cornelius was still in the grass, Sergeant Tim Morris ("Sergeant Morris"), Stump and Bratcher's supervising officer, arrived and asked Cornman to go inside the house for questioning. (Cornman Dep. 63:8-11; Morris Dep. 16:1-25, Aug. 20, 2019, DN 65-6). After Sergeant Morris spoke with her, Cornman returned outside and saw the officers on top of Cornelius with their knees on his neck. (Cornman Dep. 47:10-15). Cornman testified that Officer Bratcher then got to his feet and was handcuffing Cornelius, who was on his knees and not resisting. (Cornman Dep. 51:1-10). Officer Bratcher then backed up, pulled out his taser, deployed the barbs, and discharged a single round into Cornelius' back while he was handcuffed only a foot away from Cornman. (CornmanDep. 51:13-16, 67:9-11, 69:13-24). Cornelius fell to the ground and was unable to resist from that moment on. (Cornman Dep. 51:7-8).

Cornelius eventually regained consciousness after he was placed on a gurney, and was later taken to the hospital. (Cornelius Dep. 31:1-3). The officers prepared internal reports documenting the incident but failed to recover any evidence from the scene or record formal witness statements. (See Defs.' Mot. Summ. J. Ex. 1, DN 66-2; Defs.' Mot. Summ. J. Ex. 2, DN 66-3). After the incident, a criminal complaint was filed against Cornelius for assault and resisting arrest. (See Morris Dep. Ex. 6, at 135). According to a report generated from the taser used on the night of the incident, Officer Bratcher activated the taser four times, each cycle of which lasts five seconds.^[3](PL's Mot. Summ. J. Ex. 9, DN 68-11).

Cornelius sued Officers Bratcher and Stump;^[4] their supervisors, Sergeant Morris, and Mount Washington Police Chief Roy Daugherty ("Chief Daugherty"); and the City of Mount Washington ("City") under 42 U.S.C. § 1983 and...