Robinson v. Kinston Police James Best

689 F.Supp.3d 147

Stefon ROBINSON, Plaintiff, v. Kinston Police Officer James BEST, in his individual capacity,City of Kinston, and City of Kinston Police Department, Defendants.

No. 4:21-CV-44-D

United States District Court, E.D. North Carolina, Eastern Division

Signed August 30, 2023

Dawn T. Mistretta, Stanley B. Green, Lindsey Bullard, Green Mistretta Law, PLLC, Wake Forest, NC, for Plaintiff.

Gabriel Du Sablon, James P. Cauley, III, Cauley Pridgen, P.A., Wilson, NC, for Defendants.

ORDER

JAMES C. DEVER III, United States District Judge

On April 8, 2021, Stefon Robinson ("Robinson" or "plaintiff") filed this action against Kinston Police Officer James Best ("Officer Best"), in his individual capacity, the City of Kinston ("Kinston"), and the City of Kinston Police Department ("KPD") (collectively "defendants") alleging violations of 42 U.S.C. § 1983, assault, battery, intentional infliction of emotional distress, negligent infliction of emotional distress, and negligence. [D.E. 1]. On December 22, 2022, defendants moved for summary judgment [D.E. 38] and filed a memorandum [D.E. 39], statement of material facts [D.E. 40], and appendices [D.E. 41-43] in support. On February 13, 2023, Robinson responded in opposition [D.E. 46] and submitted a statement of material facts [D.E. 47] and appendix [D.E. 48] in support. On March 13, 2023, defendants replied to Robinson's statement of material facts [D.E. 51]. As explained below, the court grants defendants' motion for summary judgment.

I.

On Sunday April 8, 2018, at approximately 9:00 a.m., Officer Best received a call from KPD dispatch to respond to a domestic disturbance at an apartment complex at 912 East Highland Avenue in Kinston, North Carolina. Defendants' Statement of Material Facts ("DSMF") [D.E. 40] ¶ 9; Plaintiff's Statement of Material Facts ("PSMF") [D.E. 47] ¶ 9. Dispatch informed Officer Best that Tanequea Drake ("Drake") called 911 to report a domestic disturbance at her apartment and said that the suspect was still at Drake's apartment. See DSMF ¶¶ 10, 11; PSMF ¶¶ 10, 11. Officer Best's normal patrol unit, a marked Dodge Charger sedan, was undergoing repairs. Thus, he responded to the call in a marked Ford Explorer SUV vehicle ("Explorer"). See DSMF ¶¶ 7, 8; PSMF ¶¶ 7, 8.

Officer Best was wearing his KPD uniform. As Officer Best approached Drake's apartment, he heard "multiple people yelling, the loudest of which [Officer Best] identified as a male voice." DSMF ¶ 17. Officer Best knocked on the door and five people exited the apartment, including Drake and Robinson. See DSMF ¶ 20; PSMF ¶ 20; Officer Best Bodycam Footage ("Bodycam") Ex. 11 [D.E.44] 0:30-0:50. When Robinson saw Officer Best, Robinson turned to Drake, pointed at Drake, and asked Drake in a very agitated tone multiple times if she called the police, "yes or no?" See DSMF ¶ 22; PSMF ¶ 22; Bodycam at 0:35-0:40. Officer Best told Drake and Robinson that Officer Best needed to separate them so that he could speak with each of them individually and hear their stories. See DSMF ¶ 35; PSMF ¶ 35; Bodycam at 0:47-0:52.

Officer Best moved away from the apartment and asked Drake to "come talk to me over here." See DSMF ¶ 36; PSMF ¶ 36. Before talking to Drake, Officer Best explained to Robinson multiple times that he was going to first talk to Drake and hear her story and then would talk to Robinson and hear his story. See DSMF ¶¶ 37-40; PSMF ¶¶ 37-40. Officer Best instructed Robinson multiple times to return inside the apartment so that Officer Best could speak to Drake alone. See DSMF ¶¶ 37-41; PSMF ¶¶ 37-41; Bodycam 0:47-1:30. Instead of complying with the order, Robinson remained outside the apartment, exclaiming "[t]his is some bullshit" and "I'm being cooperative." See DSMF ¶¶ 44, 45; PSMF ¶¶ 44, 45; Bodycam 0:55—1:09. In response, Officer Best again asked Robinson to go inside the apartment. See DSMF ¶¶ 46-48; PSMF ¶¶ 46-48; Bodycam 1:06-1:18. Officer Best then told Robinson that he would detain and handcuff Robinson if Robinson did not go inside the apartment. See DSMF ¶¶ 49, 50; PSMF ¶¶ 49, 50; Bodycam 1:18-1:21. In response, Robinson indicated that he was going inside and began to move towards the apartment door. See DSMF ¶¶ 56-58; PSMF ¶¶ 56-58; Bodycam 1:21-1:30.

Once Robinson began moving towards the apartment door, Officer Best turned around, walked back to Drake, and began speaking with Drake about the domestic disturbance call. See DSMF ¶¶ 60, 61; PSMF ¶¶ 60, 61; Bodycam 1:30-1:39. Before Drake could tell Officer Best why she called 911, Drake stopped talking and looked back towards the apartment building. See DSMF ¶ 62; PSMF ¶ 62; Bodycam 1:40. Officer Best looked back towards the apartment building and saw Robinson standing outside, watching Officer Best talk to Drake. See DSMF ¶¶ 63, 64; PSMF ¶¶ 63, 64; Bodycam 1:40-1:42. Officer Best walked back to Robinson, who was standing outside with his arms crossed. See DSMF ¶ 68; PSMF ¶ 68; Bodycam 1:40-1:45.

Officer Best told Robinson that he was going to detain him and repeatedly told him to place his hands behinds his back in order to be handcuffed, but Robinson did not comply. See Bodycam 1:45-2:00. Ultimately, Officer Best pushed Robinson against a railing in order to stop Robinson from moving. See DSMF ¶ 85; PSMF ¶ 85. Robinson still did not put his hands behind his back, but instead grasped the railing with both hands. See DSMF ¶ 92; PSMF ¶ 92; Bodycam 2:00-2:35. Officer Best repeatedly commanded Robinson to let go of the railing and put his hands behind his back. See DSMF ¶¶100-06; PSMF ¶¶ 100-06; Bodycam 2:00-2:35. After repeated commands, Officer Best struck Robinson's body with his knee multiple times in an attempt to dislodge Robinson's hands from the railing. See DSMF ¶ 107; PSMF ¶ 107; Bodycam 2:10-2:30. Once Robinson let go of the railing, Officer Best placed Robinson's hands behind his back and put Robinson in handcuffs. See DSMF ¶ 115; PSMF ¶ 115; Bodycam 2:40-3:00.

Officer Best then began walking with Robinson to the Explorer. See DSMF ¶ 117; PSMF ¶ 117; Bodycam 3:44. During the walk, Robinson heckled Officer Best, calling Officer Best "weak," saying that he was "stronger" than Officer Best, and claiming that it was a "female voice," and not Officer Best, that led Robinson to let go of the railing. See DSMF ¶ 126; PSMF ¶ 126; Bodycam 3:48-4:31. Once at the Explorer, Officer Best held Robinson at the back of the Explorer. Officer Best could not put Robinson in the back of the Explorer at that time because Officer Best's canine partner was in the back of the Explorer. See DSMF ¶ 132; PSMF 1¶ 132.

The parties disagree about what happened next. Defendants contend that Robinson attempted to pull away from Officer Best, requiring Officer Best to attempt and pull Robinson back towards the Explorer. See DSMF ¶¶ 134-140. Defendants contend that before pulling Robinson back, Officer Best instructed Robinson to "[s]top walking, man!" See id. at ¶ 141. Defendants contend that while attempting to pull Robinson back towards the Explorer in order to immobilize him, Officer Best's left elbow shattered the glass rear windshield of the Explorer thereby cutting Officer Best's left arm, and Robinson and Officer Best then fell to the ground. See id. at 144-46. According to Officer Best, he had used this technique several times with his Dodge Charger to immobilize a resisting detainee. See id. at ¶ 219.

Robinson contends that he was cooperative while walking with Officer Best to the Explorer. See [D.E. 46] 4. Once at the Explorer, Robinson testified that Officer Best paused, then "suddenly slammed Mr. Robinson headfirst into the windshield, smashing the window to bits, and forcing Mr. Robinson's head into the space behind the glass." Id. at 4-5. Robinson alleges that Officer Best told Robinson to stop walking after slamming Robinson's head through the rear window. See id. at 5. Officer Best allegedly injured his left elbow on the broken glass as Officer Best was pulling Robinson from the Explorer. See id. Robinson alleges that Officer Best then "took [him] to the ground" where Robinson landed on glass shards. See id.

Consistent with Scott v. Harris, 550 U.S. 372, 378-81, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007), and its progeny, this court has reviewed Officer Best's bodycam video.¹ Officer Best's bodycam video shows Officer Best walking with Robinson towards the Explorer. Robinson is handcuffed with his hands behind his back, and they are talking. Robinson is very agitated. As they arrive at the Explorer, the bodycam video shows Robinson (who is facing away from Officer Best) pull away from Officer Best, and Officer Best pull Robinson back towards Officer Best and the Explorer. The bodycam video then shows the glass of the back of the Explorer breaking, Robinson and Officer Best falling to the ground, Officer Best standing up with a bleeding left arm, and Robinson repeatedly saying "fuck you" to Officer Best. Officer Best then repeatedly told Robinson to calm down and requested assistance.

The bodycam video does not show Officer Best slamming Robinson's head through the rear window of the Explorer or injuring his left elbow on the broken glass as he was pulling Robinson from the Explorer. The bodycam video also does not show any injury to Robinson's face or head. The bodycam video does show cuts on Robinson's right leg, which arose due to the fall to the ground and the glass shards on the ground.

After KPD backup arrived, another KPD police officer drove Robinson to the police station, and Officer Best received treatment for bleeding on his left elbow. See DSMF ¶¶ 180, 186; PSMF ¶¶ 180, 186; Bodycam 6:26-6:43. At the police station, Robinson voluntarily slammed his head against a metal gate twice when speaking with Officer Harrison. See DSMF ¶ 263; PSMF ¶ 263; Bodycam Footage ("Bodycam 2") Exhibit 12 [D.E. 44] 11:44-11:46. KPD took Robinson to Lenoir Memorial Hospital, where staff treated him for cuts on his right leg. See DSMF ¶¶ 269, 271; ...