Renfroe v. Parker

374 So.3d 1234

Amanda Kay RENFROE, Individually; S.W.R.,a minor, by and through his Mother and Next Friend Amanda Kay Renfroe; the Estate of Michael Wayne Renfroe; and Amanda Kay Renfroe, in her Capacity as Adminstratrix of the Estate of Michael Wayne Renfroe, Appellants

v.Robert Denver PARKER, in his Official and Individual Capacities; and Sheriff Randall Tucker, in his official and Individual Capacities, Appellees

NO. 2021-CA-01048-COA

Court of Appeals of Mississippi.

03/21/2023

Rehearing Denied August 22, 2023

MADISON COUNTY CIRCUIT COURT, HON. M. BRADLEY MILLS, JUDGE

ATTORNEY FOR APPELLANTS: WILLIAM CHARLES BELL

ATTORNEY FOR APPELLEES: CHARLES EDWARD COWAN, Jackson

EN BANC.

CARLTON, P.J., FOR THE COURT:

¶1. Amanda Renfroe, on behalf of herself and others (collectively, "Amanda"), filed suit in the Madison County Circuit Court against Deputy Robert D. Parker and Sheriff Randall Tucker of the Madison County Sheriff's Department in their individual and official capacities after Amanda’s husband, Michael Renfroe, was shot and killed by Deputy Parker. The circuit court granted summary judgment in favor of the defendants after finding that both Deputy Parker and Sheriff Tucker were immune from liability pursuant to Mississippi Code Annotated section 11-46-9(c)-(d) (Supp. 2016) of the Mississippi Tort Claims Act (MTCA). The circuit court also en- tered a final judgment dismissing Amanda’s complaint with prejudice as to all claims and all defendants.

¶2. Amanda now appeals, arguing that the circuit court committed reversible error by granting summary judgment in favor of Deputy Parker and Sheriff Tucker. After our review, we find no error. Accordingly, we affirm the circuit court’s grant of summary judgment and dismissal of all claims against the defendants in their individual and official capacities.

FACTS AND PROCEDURAL HISTORY

Background

¶3. On the morning of June 8, 2018, Michael’s mother, Faye Renfroe, contacted the Madison County Sheriff’s Department (MCSD) requesting assistance in taking Michael into protective custody pending an involuntary-commitment proceeding for mental illness. Faye reported that Michael had been found walking naked on the side of a state highway in Madison County, Mississippi, and that he had been showing other signs of mental illness. Faye was advised that the MCSD did not have jurisdiction or authority to provide such assistance at that time.

¶4. Later that evening, at approximately 10:00 p.m., the MCSD received a call from Willard McDaniel and his wife regarding an attempted burglary at their home. McDaniel stated that two individuals had attempted to enter his home and burglarize his truck. He provided dispatch with a description of the pickup truck that the suspects were driving. Deputy Parker, wearing his MCSD uniform and driving a marked MCSD vehicle, responded to the call and began searching for a truck fitting the description. In his affidavit, Deputy Parker stated that he was unaware of Faye’s earlier call to the MCSD seeking to commit Michael.

¶5. While driving down Old Natchez Trace Road, Deputy Parker observed that there was no traffic on the road, and as a result, he decided to turn off his blue lights and siren to avoid alerting potential suspects to his presence. Deputy Parker left the patrol car’s high-beam headlights on. He also left his dash camera engaged the entire time he was present in the area, which showed all but the last eight seconds of his encounter with Michael and Amanda.

¶6. Deputy Parker eventually approached a white Chevrolet truck traveling on the road. Without any instruction from Deputy Parker, the driver of the truck stopped the vehicle and parked it on the right side of the road. Deputy Parker then proceeded to stop his patrol car. As the patrol car came to a stop, Deputy Parker observed the driver, later identified as Michael, emerge from the driver’s side of the truck, wearing only pajama bottoms. Without being instructed, Michael then extended his hands out by his sides, showing his open palms, and then dropped down onto his hands and knees.

¶7. Deputy Parker radioed dispatch and reported that he had found the truck described in the burglary, that he was exiting his patrol car, and that a man wearing no shirt had emerged from the vehicle and was lying on the ground. Deputy Parker then exited the patrol car and stood behind the open driver’s side door. Deputy Parker admitted that he did not identify himself as a law enforcement officer; however, he stated that his patrol car was parked slightly at an angle, and the open driver’s side door of the vehicle was marked with the MCSD emblem.

¶8. Deputy Parker asked Michael if there were any other occupants in the vehicle. In response, Michael looked back at the truck and instructed someone to exit. Amanda, Michael’s wife, exited the passenger side and walked toward the back of the track. As Deputy Parker ordered Amanda to get on the ground, Michael suddenly rose from the ground and began running toward Deputy Parker yelling, "[N]ow, M … F …, let’s do this." Deputy Parker stated that as Michael sprinted toward him, he feared for his life. Deputy Parker deployed his taser in an attempt to stop Michael, but Michael snatched the taser darts from his chest and continued to charge toward Deputy Parker.

¶9. After that point, Michael and Deputy Parker were out of the view of the dashcam. Deputy Parker stated that he did not have time to insert another cartridge into his taser before Michael began assaulting him. Deputy Parker threw his taser down and prepared to defend himself by fighting Michael off of him. A struggle ensued, and Michael began assaulting Deputy Parker. According to Deputy Parker, Michael placed his hands around Deputy Parker’s throat and tided to choke him. Michael also hit Deputy Parker on the side of his head. Deputy Parker stated that he attempted to strike Michael in his face, but Michael deflected his attempts.

¶10. Deputy Parker managed to free himself from Michael and stepped back away from him, but Michael started running toward him again. In response, Deputy Parker drew his weapon and fired four rapid shots at Michael, stepping backward after each shot. Deputy Parker explained that he fired his weapon until he felt like Michael was no longer a threat to his safety. Michael died at the scene as a result of his injuries.

¶11. In his affidavit, Deputy Parker asserted that when Michael began assaulting him, he feared for his life. Deputy Parker stated that he only used deadly force to prevent Michael from seriously injuring or killing him. The record reflects that at the time of the altercation, Deputy Parker was 5’11 and weighed 150 pounds, and Michael was 6’2 and weighed 205 pounds.

Federal Court Lawsuit

¶12. On August 31, 2018, Amanda filed a complaint in the United States District Court for the Southern District of Mississippi on behalf of herself, individually, and as the natural mother and next friend of S.W.R., her and Michael’s minor child, against Deputy Parker in his individual and official capacities. In her complaint, Amanda raised a claim under 42 U.S.C. § 1983, alleging that Deputy Parker was liable for violating Michael’s Fourth Amendment right to be free from an unreasonable seizure of his person. Amanda filed an amended complaint adding Sheriff Tucker as a defendant in his individual and official capacities. Amanda asserted the following federal and state-law claims: (1) Fourth Amendment excessive force, (2) outrage: intentional and/or negligent infliction of severe emotional distress, (3) assault, (4) battery, (5) false arrest/false imprisonment, (6) culpable negligence manslaughter through felony engagement, and (7) culpable negligence manslaughter through criminal engagement. She further stated that the "illegal acts underlying the factual basis for actionable claims asserted in Counts I through [VII were] not subject to the Mississippi Tort Claims Act."

¶13. The district court entered an order dismissing Amanda’s federal individual-capacity claims against Deputy Parker and Sheriff Tucker after finding that Deputy Parker’s actions were objectively reasonable when he shot Michael. The court found that Deputy Parker did not violate Michael’s Fourth Amendment rights by using excessive force against him. Renfroe v. Parker, No. 3:18-CV-609-DPJ-LRA, 2019 WL 2410084, at *4 (S.D. Miss. June 7, 2019). The district court declined Deputy Parker’s and Sheriff Tucker’s request to award summary judgment sua sponte on the official-capacity claims. Amanda filed a motion for reconsideration of the district court’s decision, which was denied, Renfroe v. Parker, No. 3:18-CV-609-DPJ-LRA, 2019 WL 3806641, at *5 (S.D. Miss. Aug. 13, 2019). On August 22, 2019, the district court entered an order granting summary judgment in favor of Deputy Parker and Sheriff Tucker on the federal claims. Order, Renfroe ex rel. S.W.R. v. Parker, No. 3:18-CV-609-DPJ-LRA, at 2-3 (S.D. Miss. Aug. 22, 2019). The district court also dismissed Amanda’s state-law claims without prejudice under 28 U.S.C. § 1367(c)(3).

¶14. Amanda appealed to the Fifth Circuit Court of Appeals, and the Fifth Circuit affirmed the district court’s decision. Renfroe v. Parker, 974 F.3d 594, 601 (5th Cir. 2020). After the Fifth Circuit denied rehearing, Amanda then filed a petition for writ of certiorari to the United States Supreme Court, which was denied. Renfroe v. Parker, — U.S. —, 141 S. Ct. 2519, 209 L.Ed.2d 551 (2021).

¶15. While Amanda’s petition for rehearing was pending before the Fifth Circuit, she filed a motion pursuant to Federal Rule of Civil Procedure 60(b) seeking relief from the district court’s final judgment on the objective reasonableness of Deputy Parker’s conduct. The district court denied her motion, and Amanda appealed. Renfroe v. Parker, No. 3:18-CV-609-DPJ-LRA, 2020 WL 6329468, at *6 (S.D. Miss. Oct. 28, 2020). The Fifth Circuit affirmed the district court’s order denying Amanda’s federal Rule 60(b) motion....