Parker v. Henderson County, Tennessee

450 F.Supp.2d 842

Jonathan PARKER, Plaintiff, v. HENDERSON COUNTY, TENNESSEE, et al., Defendants.

No. 05-1358 B.

United States District Court, W.D. Tennessee, Eastern Division.

August 29, 2006.

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

Jeff Boyd with Hill-Boren, Jackson, TN, for Plaintiff.

Dale Conder Jr., with Rainey, Kizer, Reviere & Bell PLC, James Pentecost, with Pentecost, Glenn & Rudd, Jackson, TN, for Defendants.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS CITY OF LEXINGTON, TENNESSEE, ROGER LOFTIN, DAVID STANHOPE, JEFF MIDDLETON AND BRENT MARCUM'S MOTION FOR SUMMARY JUDGMENT

BREEN, District Judge.

INTRODUCTION AND PROCEDURAL BACKGROUND

This lawsuit was brought by the Plaintiff, Jonathan Parker, against various Defendants alleging, pursuant to 42 U.S.C. § 1983, violation of his civil rights. He also alleges violation of the Tennessee Constitution, as well as state law claims of negligence, gross negligence, assault, battery and false arrest. Before the Court is the motion of Defendants City of Lexington, Tennessee (the "City"); Roger Loftin; Jeff Middleton; David Stanhope; and Brent Marcum for summary judgment in accordance with Rule 56 of the Federal Rules of Civil Procedure.

STANDARD OF REVIEW

Rule 56, which states in pertinent part that a

... judgment ... shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.

Fed.R.Civ.P. 56(c); see Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986); Canderm Pharmacal, Ltd. v. Elder Pharm., Inc., 862 F.2d 597, 601 (6th Cir.1988). In reviewing a motion for summary judgment, the evidence must be viewed in the light most favorable to the nonmoving party. Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986). When the motion is supported by documentary proof such as depositions and affidavits, the nonmoving party may not rest on his pleadings but, rather, must present some "specific facts showing that there is a genuine issue for trial." Celotex, 477 U.S. at 324, 106 S.Ct. at 2553. It is not sufficient "simply [to] show that there is some metaphysical doubt as to the material facts." Matsushita Elec. Indus. Co., 475 U.S. at 586, 106 S.Ct. at 1356. These facts must be more than a scintilla of evidence and must meet the standard of whether a reasonable juror could find by a preponderance of the evidence that the nonmoving party is entitled to a verdict. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505, 2512, 91 L.Ed.2d 202 (1986). The "judge may not make credibility determinations or weigh the evidence." Adams v. Metiva, 31 F.3d 375, 379 (6th Cir.1994).

If a party fails to respond to a motion for summary judgment as to certain claims, "summary judgment, if appropriate, shall be entered against him." Fed. R.Civ.P. 56(e). "The fact that [a plaintiff] did not respond to [a request for disposition of particular claims] does not require [the granting of the motion]. However, if the allegations of the complaint are contravened by [the defendant's] affidavits and [the defendant] is entitled to judgment as a matter of law on those facts, then summary judgment is appropriate." Millinder v. Bowman, No. 1-04-1096-T-AN, 2004 WL 2238526, at *2 (W.D.Tenn. Aug. 25, 2004) (citation omitted).

FACTS

The Plaintiff has alleged the following in his complaint.¹ Parker, at the time the incidents occurred from which this action arose, resided at 23 Fesmire Park Cove in Lexington, Tennessee. Defendant Loftin is the City Chief of Police and Defendants Stanhope, Middleton, and Marcum are employed as police officers by the City. At about 10:27 p.m. on November 19, 2004, the Defendants and others arrived at Parker's home to serve a search warrant, even though the warrant actually authorized the search of a residence located at 38 French Park Cove, for crack cocaine. Under the supervision of Stanhope, several officers surrounded his home. Stanhope approached the rear door of the residence and, seeing Parker inside, fired his weapon, striking the Plaintiff in the right shoulder and upper torso. At that point, officers, including Stanhope, Middleton and Marcum, entered the dwelling, took Parker into custody and transported him to a hospital for treatment of his wounds.

The Defendants, in affidavits submitted in support of their motion, contend that they were contacted by Sergeant Michael Harper of the Lexington Police Department on November 19, 2004 and advised that Investigator Chris James² of the Henderson County Sheriff's Department had requested assistance in executing a search warrant for narcotics. (Aff. of Jeff Middleton ("Middleton Aff.") at ¶ 5, Aff. of David Stanhope ("Stanhope Aff.") at ¶ 6; Aff. of Brent Marcum ("Marcum Aff.") at ¶ 5) The search warrant was issued by Henderson County, Tennessee General Sessions Judge Steve Beal based on James' affidavit. The warrant reflected that there was probable cause to believe that a black male known as "BigMan" had crack cocaine in his possession and that he occupied certain property described in the warrant as follows:

Leaving the south door of the Henderson County Courthouse Traveling west on Main Street approximately .1 miles to the intersection of Main Street and South Broad Street then turn left onto South Broad Street and travel approximately 1.2 miles south to the intersection of South Broad Street and Ayers Street and then turn left onto Ayers Street and travel Ayers Street to the intersection of Ayers Street and French Park Cove and turn left onto French Park Cove which is a trailer park and then travel to trailer # 38 which has the trailer markings # 38 clearly marked on the outside of the trailer this being the residence inhabited [by] said black male AKA BigMan.

(Pl.'s Resp. to Mot. for Summ. J. of City of Lexington, David Stanhope, Jeff Middleton and Brent Marcum, Ex. 2) According to the affidavit submitted in support of the search warrant application, the information was provided by a confidential informant who had provided reliable information in the past. (Mot. of Defs. City of Lexington, Tenn.; Roger Loftin; David Stanhope, Jeff Middleton; and Brent Markam for Summ. J., Ex. 2 (Aff. for Search Warrant))

Middleton avers in his affidavit that, before the officers left the police department to execute the warrant, James received a telephone call from the informant who related that the suspect was on the front porch of the trailer. (Middleton Aff. at ¶ 13) Based on that information, the officers determined that Stanhope would be given a false call of loud music in the area, in response to which he would drive his marked cruiser to the location of the trailer, approach the suspect, advise him of the search warrant and detain him pending arrival of the other officers. (Middleton Aff. at ¶¶ 14, 18) Middleton stated that, prior to execution of the warrant, James knew which trailer was to be searched and described its exact location to Stanhope. (Middleton Aff. at ¶ 9) Stanhope averred that James described to him the trailer and its location, including the fact that it sat parallel to the road while the neighboring trailer was perpendicular to the street. (Stanhope Aff. at ¶ 8) His surveillance of the area before the warrant was executed revealed that Parker's trailer was the target of the warrant. (Stanhope Aff. at ¶ 9) Middleton also asserted in his affidavit that "[t]he warrant contains directions which, when followed, lead ... to Plaintiff's trailer. When following these directions and information provided by Investigator James, [the officers] were lead to Plaintiff's trailer. The trailer in which Plaintiff was living at the time was the intended target of the search warrant." (Middleton Aff. at ¶¶ 43-44)

Stanhope drove to the trailer, parked his vehicle under a street light and emerged from the car dressed in his uniform. (Stanhope Aff. at ¶¶ 10-11) He approached Parker, who was outside the trailer, and asked if he had heard any loud music. (Stanhope Aff. at ¶¶ 12-13) Parker turned and ran inside without responding to the inquiry. (Stanhope Aff. at ¶ 14) Stanhope radioed Middleton, who was parked nearby with Marcum out of view of the trailer, advising that the suspect had fled into the trailer. (Middleton Aff. at ¶ 21; Stanhope Aff. at ¶ 15) Stanhope recalled in his affidavit that he "went to the front door of the trailer, knocked, and identified [himself] as a police officer with a search warrant. [He] tried to open the door, but it was locked." (Stanhope Aff. at ¶ 16) When Middleton arrived at the scene from where he was hidden in a nearby location, Stanhope was knocking on the door of the mobile home. (Middleton Aff. at ¶¶ 20, 22)

Stanhope indicated the suspect had moved to the darkened area behind the trailer and the two officers moved in that direction in order to keep him from escaping. (Middleton Aff. at ¶¶ 22-23; Stanhope Aff. at ¶¶ 17-19) According to Stanhope, Parker appeared in the back doorway with the door open and an object in his right hand. He stated that he "saw a glare of light off the object and believed [Parker] to be armed." (Stanhope Aff. at ¶ 20) Stanhope stated that he again identified himself as a police officer and ordered Parker to show his hands and to "drop it." (Stanhope Aff. at ¶ 21) The command was repeated several times but, Stanhope insists, the Plaintiff did not comply. (Stanhope Aff. at ¶¶ 22-23) Rather, the officer recalled that Parker turned toward him, with the object still in his right hand, and pointed it at him. (Stanhope Aff. at ¶ 24) Stanhope fired, striking Parker, who retreated into the trailer and closed the door. (Stanhope Aff. at ¶¶ 25-26) Middleton averred that, when he arrived at the rear of the trailer...