Nelson v. Green Oak Twp.

BETTY NELSON, Plaintiff, v. GREEN OAK TOWNSHIP; OFFICERS J. GRAVISand P.H. MOLL, in their individual and official capacities, Defendants.

Case No. 14-10502

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

January 20, 2016

Paul D. Borman United States District Judge

OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (ECF NO. 24)

This action arises out of Plaintiff's arrest at her home on the evening of February 4, 2012 when, unbeknownst to Plaintiff, paramedics and officers were called to the home by Plaintiff's suicidal roommate. Plaintiff claims that officers falsely arrested her, and used excessive force against her, in the course of their efforts to remove her suicidal roommate from the home. Defendants respond that Plaintiff obstructed responders' efforts to remove a suicidal individual from the home, assaulted an officer and resisted the officer's commands to surrender her hands for handcuffing. Defendants submit that the officers used only the force that was reasonable under the circumstances to subdue and arrest the Plaintiff and now move for summary judgment. The Court has reviewed the parties' briefing (ECF Nos. 24, 27, 28) and held a hearing on August 19, 2015. For the reasons that follow, the Court GRANTS IN PART AND DENIES IN PART Defendants' Motion for Summary Judgment.

I. FACTUAL BACKGROUND

A. Plaintiff's Version of Events

Plaintiff claims that on the morning of February 4, 2012, Elaine Campbell, an acquaintance of Plaintiff's who was temporarily living at Plaintiff's home, asked Plaintiff if Campbell's brother-in-law, James Campbell, could come to Plaintiff's home to repair Ms. Campbell's car, which was parked in Plaintiff's driveway and could not be driven. ECF No. 24, Defs.' Mot. Ex. 3, Sept. 23, 2014 Deposition of Betty Nelson 162-63, 167. Plaintiff agreed to let Mr. Campbell help Ms. Campbell with her car but, because Plaintiff had a personal protection order against James Campbell, Plaintiff decided it would be best if she left the home. Id. Plaintiff testified that "she stayed away all day because of the personal protection order." Id. at 157. Plaintiff returned home sometime in the late afternoon, watched some television, talked to her friend Mike Fish (now deceased) who was staying with Plaintiff at the time and, around 4:00 p.m., Plaintiff consumed two beers. Id. at 160-62. At approximately 8:00 p.m., Plaintiff took went to take a nap because she was not feeling well. Id. at 160.

At approximately 10:00 p.m., Plaintiff became aware that Ms. Campbell was sitting on the front porch of Plaintiff's home. Id. at 167. Plaintiff went out on the porch, encountered Ms. Campbell speaking with several officers and asked Ms. Campbell if she was "Okay." Id. at 169. Plaintiff states that she was asked "politely" by one of the officers on the porch to go back inside the house. Id. at 169-70. Plaintiff complied and went back inside the house and sat with Mr. Fish. Id. at 170-71. Mr. Fish then informed Plaintiff that while Plaintiff was napping, Ms. Campbell had apparently begun feeling suicidal and she called the police to come to the house to assist her. Id. at 171-72.

As Plaintiff was standing inside the front door, one of the Green Oak Township police officers and the Livingston County Fire Department Chief, Kevin Gentry, entered the home as Plaintiff was backing up near the front of her bathroom. Id. at 174. Plaintiff was informed that Ms. Campbell was going to be taken to St. Joe's hospital but was not given any medical information about Ms. Campbell's condition. Id. Plaintiff asked if she could go upstairs to get some clothes for Ms. Campbell for the transport because it was cold outside. Id. at 174-75. While this transpired, the officers "were nice" to Plaintiff. Id. at 175. Plaintiff did go upstairs and retrieved "a couple of sweaters" for Ms. Campbell. Id. Plaintiff asked the officers if she could go into her kitchen to get a bag for the sweaters, which she proceeded to do. Id. at 175-76.

Plaintiff then walked back toward the crowd of people in her front hall near her bathroom with the bag of clothes in her hand. Id. at 176-77. Plaintiff was standing inside the bathroom because the hallway was so crowded and she asked Ms. Campbell to "come here." Id. at 180. She gave Ms. Campbell a hug, told her she was doing the right thing and that everything was going to be all right. Id. Plaintiff was telling Ms. Campbell to be sure to demand treatment for her alcoholism and depression and warning Ms. Campbell not to "let the system take over," and not to just "trust" that she was going to get the treatment she needed. Id. at 181-82. Ms. Campbell returned her hug but was verbally non-responsive to Plaintiff's comments and Plaintiff kissed Ms. Campbell on the top of her head. Id. at 182.

At this point, Officer Gravis said that they were trying to get Ms. Campbell to go and Plaintiff explained that Ms. Campbell would not take the bag of clothes that Plaintiff was holding. Id. at 182-83. Officer Gravis then told Plaintiff that up until that point they had "been nice" but that they would not be nice "any longer." Id. at 183. Plaintiff felt threatened and confused by OfficerGravis's comment and tried to hand him the bag, which she swung toward him, accidentally hitting him on his leg. Id. at 183. Plaintiff stated that she "did not hit [Gravis]," but that the bag may have dropped when she tried to hand it to him. Id. at 185-86.

Gravis then told Plaintiff she was under arrest for assaulting an officer and asked her to turn around. Id. at 186. Plaintiff was "scared to death" and started crying, asking Gravis why she was being arrested. Id. at 187. He told her she had assaulted an officer, forced her inside the bathroom facing the sink and grabbed her hand and started to pull and she raised her voice and said, "Please, not my shoulders." Id. at 188. Plaintiff had been going through therapy for nerve issues from her neck and into her shoulders, she did not have full range of motion in her arms and shoulders and she was not able to do what Gravis was forcing her to do. Id. at 188-89. She kept crying and saying "not my shoulders," and "it won't do it," but Gravis kept forcing. Id. at 190. Gravis then pushed Plaintiff forward, gave her arm a twist and pulled it upwards behind her back so that her thumb was near her shoulder blade, grabbed her hair and the back of her head, pulled her hair backwards and refused her pleas that he stop. Id. Gravis only responded that "now Plaintiff was facing additional charges for resisting arrest. Id. at 190-91." In the process, Officer Moll entered the room and they both pushed Plaintiff was up against her sharp edged bathroom sink corner which hit her directly on the incision from a three-month old hip replacement surgery, the pain of which caused her to collapse, screaming "it hurts, it hurts, please don't, my shoulders." Id. at 191-92. Mr. Fish was screaming from the living room "You can't do that to her shoulders," and was being held back by another officer. Id. The officers handcuffed Plaintiff and pulled her up off the bathroom floor by her wrists, which were behind her back and pulled up near her shoulder blades, and pulled by her hair. Id. at 192-94.

Plaintiff was then pushed out the front door of her house, down the steps across her front yard and through a drainage ditch. Id. at 194. She was losing all strength and Gravis kept yelling at her to stop "being dead weight." Id. But she was having a difficult time walking up the grade of her front yard to the patrol car. Id. When they arrived at the patrol car, Gravis released her arms and shoved her in the back of the car in a laying down position. Id. at 195. Once pushed into the patrol car, Plaintiff had to reposition herself because she was lying on her shoulder and she was screaming because the pain "was excruciating." Id. at 195-96.

Plaintiff is not certain how long she was seated in the patrol car alone but when Gravis returned, she did not tell him about the pain she had been experiencing while she was waiting but did say she was in pain asked him to take the handcuffs off from the back position and put them in front. Id. at 198. Gravis did not move the handcuffs and began driving away. Id. Plaintiff was telling him that it hurt and she was being jostled around the backseat due to the potholes on her road, pleading with Gravis to move the handcuffs to the front. Id. at 199-200. After driving the length of two blocks, Gravis did pull off to the side of the road and moved Plaintiff's handcuffs to the front of her body and placed her seat belt on her. Id. at 200-02. Plaintiff told Gravis that she needed to go to the hospital but he told her they were going to the Livingston County Jail. Id. at 202-03. Gravis drove Plaintiff to the Green Oak Township Police Department where she was transferred directly to another vehicle and driven to the Livingston County Jail. ECF No. 27, Pl.'s Resp. Ex. D, Jan. 30, 2015 Deposition of Alicia Ring Montes 12.

Plaintiff was seen on February 7, 2012, three days following the incident, at St. John Providence Hospital and by Dr. Robert Adams. Pl.'s Resp. Ex. M, Medical Records. She presented at St. John with contusions to her upper extremities, a neck sprain and anxiety. Id. at PgID 562. Dr.Adams assessed Plaintiff and observed a head contusion, bilateral shoulder and wrist contusions, bilateral hip and shin contusions. Id. at PgID 567.

B. Defendants' and Emergency Personnel's and Ms. Campbell's Version of Events

There is no significant variation in the testimony of the Defendants, the EMS and Fire personnel and Ms. Campbell as to the events that transpired at Plaintiff's home on the evening of February 4, 2012, but their collective recollection of events differs from Plaintiff's.

At approximately 9:00 p.m. on the evening of February 4, 2012, Green Oak Township Officers Gravis and Moll, arriving in separate vehicles,...