Jones v. Vill. of Highland Hills

MEMORANDUM OF OPINION AND ORDER ^[1]

Thomas M. Parker, United States Magistrate Judge

After being tased and arrested at his apartment, Detric Jones faced criminal charges in Ohio state court. The state couldn't prove the charges, and the trial judge granted Jones's motion for judgment of acquittal. Seeking redress, Jones sued the Village of Highland Hills (“Highland Hills”) and two of its officers in what became this action. Now, defendants Highland Hills, Officer Adrian Manjas, and Officer Eric Cvanciger seek summary judgment (ECF Doc. 17) and both object to and seek to strike Jones's untimely declaration (ECF Doc. 26). For the reasons that follow, the court will GRANT summary judgment in favor of the defendants and STRIKE Jones's declaration.

I. Procedural History

On August 1, 2018, the Bedford Municipal Court bound Jones over to the Cuyahoga County Court of Common Pleas on one count of obstructing official business and one count of

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resisting arrest. Docket for Bedford Mun. Ct., Case Nos. 18CRA01354, 18CRB01352, docket sheet; Docket for Cuyahoga Cnty. Ct. of Common Pleas, Case No. CR-18-63192-B, docket sheet.^[2] A Cuyahoga County, Ohio, grand jury later issued an indictment, charging Jones with one count of assault on a peace officer. Docket for Cuyahoga Cnty. Ct. of Common Pleas, Case No. CR-18-631392-B, journal entry dated 9/11/2018. Jones pleaded not guilty, and the case went to trial. Id., docket sheet. On June 18, 2019, after the state's case in chief, the trial court entered a judgment of acquittal in Jones's favor pursuant to Ohio Crim. R. 29. Id., journal entry dated 6/26/2019.

With the aid of counsel, Jones then sued the defendants in the Cuyahoga County Court of Common Pleas, raising a 42 U.S.C. § 1983 Fourth Amendment claim for use of excessive force and common law claims of malicious prosecution and negligent training and supervision. ECF Doc. 2. In support, Jones alleged that on July 26, 2018, Officers Manjas and Cvanciger responded to a call from Jones's neighbor, who reportedly heard screaming from Jones's apartment. ECF Doc. 2 at 4. Officers Manjas and Cvanciger arrived, heard nothing, and knocked on Jones's door. Id. Samantha Graham (Jones's then-girlfriend) answered and told the officers everything was fine. Id. Graham was removed from the premises, and the officers arrested Jones, in the course of which he was tased by Officer Manjas. Id. The last sentence of Jones's “Facts” section stated,

The tasering of Plaintiff, the false arrest of Plaintiff and the institution of criminal charges against him by Defendants Manjas and Cvanciger was entirely unjustified, especially when there was no disturbance … to begin with and there was … no evidence that a crime was or had been[] committed there. The actions

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of Defendants Manjas and Cvanciger constitute an unreasonable and excessive use of force

ECF Doc. 2 at 5.

On November 2, 2020, the defendants removed the case to this court and then moved for partial judgment on the pleadings as to Jones's common law claims. ECF Doc. 1; ECF Doc. 9.

On December 21, 2020, Jones filed an amended complaint, omitting his common law claims. ECF Doc. 11. Based on the same allegations of fact, Jones instead raises four causes of action under § 1983. ECF Doc. 11 at 4-6. In Count One, Jones claims Officers Manjas and Cvanciger used excessive force, in violation of the Fourth Amendment by “assaulting him with the taser and inflicting on him pain through the use of the taser.” ECF Doc. 11 at 4. Count Two is the same as Count One, except Jones contends the officers' actions constituted cruel and unusual punishment, in violation of the Eighth Amendment. ECF Doc. 11 at 4-5. In Count Three, Jones claims Highland Hills was liable for executing a policy or custom that precipitated and was the moving force behind the officers' unlawful actions. ECF Doc. 11 at 5. And in Count Four, Jones claims Highland Hills was deliberately indifferent to his constitutional rights by failing to adequately train, supervise, discipline, or screen the officer defendants regarding the use of taser weapons and progressive use of force. ECF Doc. 11 at 5-6.

On August 16, 2021, the defendants filed their motion for summary judgment, generally arguing that Counts 2 and 3 failed to state a claim, and that qualified immunity shielded the officer defendants from liability on Count 1, and that Counts 3 and 4 failed as matter of law.^[3] ECF Doc. 17. On September 30, 2021, Jones filed his opposition brief, addressing only the defendants' arguments as to Count 1. ECF Doc. 22. At the end of Jones's opposition brief was

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his unsigned declaration, which stated: “Original was mailed to Plaintiff out of town and will be filed when signed. Plaintiff is aware of, and agrees to all of the contents herein.” ECF Doc. 22 at 9. On October 4, 2021, the defendants filed their reply brief. ECF Doc. 23.

On October 26, 2021, Jones filed a signed version of the declaration. ECF Doc. 25. On October 27, 2021, the defendants filed an objection/motion to strike the declaration. ECF Doc. 26. Jones has filed nothing in response to the objection.

II. Facts and Evidence^[4]

A. Undisputed Facts

On July 26, 2018, Jones and Graham lived together in an apartment building. ECF Doc. 16 at 13-14, 17 (Jones's Deposition). Rodney Bell, Jones's neighbor, complained to police that he heard banging on the wall and a female screaming from Jones's apartment. ECF Doc. 18-1 at 2 (Officer Manjas's declaration). Officer Manjas and Cvanciger were dispatched to respond to the complaint and, hearing no noise from outside Jones's door, they interviewed Bell, who told the officers he heard “screaming, ” “hollering, ” and a woman who sounded in “distress” say “no.” ECF Doc. 18-1 at 2; Video File VIDEO_20180726_151823_835.mp4 at 00:24-01:05, 1:52-2:35 (encounter with Bell from Officer Cvanciger's perspective)^[5]; Video File VIDEO_20180726_151915_874.mp4 at 00:40-01:27 (encounter with Bell from Officer Manjas's perspective).

The officers then proceeded to Jones's apartment and knocked on the door. ECF Doc. 16 at 16-17; ECF Doc. 18-1 at 2; Video File VIDEO_20180726_152113_304.mp4 at 00:27-00:33 (hereafter “Manjas Body Camera”) (encounter with Graham and Jones from Manjas's perspective); Video File VIDEO_20180726_152113_784 at 00:29-00:33 (hereafter “Cvanciger

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Body Camera”) (encounter with Graham and Jones from Cvanciger's perspective). Graham answered the door, told the officers she knew why the officers were there, and told the officers it was she who had been screaming. ECF Doc. 16 at 18; ECF Doc. 18-1 at 2; Manjas Body Camera at 3:30-03:40; Cvanciger Body Camera at 03:30-03:39.

At Officer Cvanciger's request, Graham exited, moved a few feet away from the entryway, and informed the officers what had happened. ECF Doc. 18-1 at 2; Manjas Body Camera at 03:40-04:05; Cvanciger Body Camera at 03:39-04:06. Graham told the officers she had cheated, leading to a “bad fight” in which she and her partner (who had at this point not yet been identified as Jones) were screaming and yelling at each other. ECF Doc. 18-1 at 2; Manjas Body Camera at 04:06-04:19; Cvanciger Body Camera at 04:07-04:18. Graham added that she was “fine, ” denied any sort of physical altercation, and clarified their fight was purely verbal. ECF Doc. 16 at 17-18; ECF Doc. 25 at 1; Manjas Body Camera at 04:20-04:35; Cvanciger Body Camera at 04:19-04:34. The officers obtained Graham's name and social security number. Manjas Body Camera at 04:36-05:24; Cvanciger Body Camera at 04:35-05:21.

All the while, the apartment door was cracked open, through which Jones could be seen coming in and out of view as Graham communicated her identifying information. Manjas Body Camera at 04:02-05:27. At Officer Manjas's request, Jones came to the door. ECF Doc. 16 at 19; Manjas Body Camera at 05:27-05:36; Cvanciger Body Camera at 05:25-05:36. Jones told the officers he was the one who “lives here, ” refused Officer Manjas's request to come outside, and - after Officer Manjas explained they were there in response to a “disturbance” complaint - told the officers Graham had already explained it all. Manjas Body Camera at 05:36-05:51; Cvanciger Body Camera at 05:37-05:51. Jones then refused the officers' request for his social security number and two requests for his name, address, and date of birth, and the officers

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informed Jones that if Jones did not identify himself, he would be arrested. ECF Doc. 18-1 at 3; ECF Doc. 25 at 1; Manjas Body Camera at 05:51-06:20; Cvanciger Body Camera at 05:51-06:20. At that point, Officer Manjas moved away from the doorway with Graham and the parties' perspectives of what transpired diverged. Manjas Body Camera at 06:21-06:27.

B. Officer Cvanciger's Perspective

According to Officer Cvanciger's body camera, Jones moved further into the apartment and refused two more requests for his name. Cvanciger Body Camera at 06:14-06:29. Officer Cvanciger instructed Jones to come outside, and Jones refused, telling the officer he was about to talk to the officer through the door. Id. at 06:30-06:37. Officer Cvanciger told Jones that he would be under arrest if he did not exit the apartment. Id. at 06:37-06:42. Jones pulled out a cell phone, made a call, and told Officer Cvanciger his name. Id. at 06:38-07:00. Officer Cvanciger took out a notepad and asked Jones for his social security number, which Jones said he did not know. Id. at 07:00-07:03. Officer Cvanciger asked Jones for his name again. Id. at 07:04-07:06. Jones did not respond and instead began speaking on the phone, describing to the other person on the line what was happening and inquiring into his rights, and refused to tell Officer Cvanciger who he...