Thompson v. City of St. Clair Shores

JOAN THOMPSON, Plaintiff, v. CITY OF ST. CLAIR SHORES, et al., Defendants.

Case No. 15-cv-11167

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

September 12, 2016

UNITED STATES DISTRICT COURT JUDGE GERSHWIN A. DRAIN

UNITED STATES MAGISTRATE JUDGE ANTHONY P. PATTI

OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT [29]

I. INTRODUCTION

On March 27, 2015, Joan Thompson ("Thompson" or "Plaintiff") filed a Complaint against the City of St. Clair Shores ("St. Clair Shores"), and police officers Stephen Stindt, Travis Crooks, and Jenna Conrad (collectively, "Defendants"). Dkt. No. 1, p. 1 (Pg. ID No. 1). Thompson amended her complaint on April 1, 2015, alleging use of excessive force by the individually-named Defendants and a Monell claim against St. Clair Shores. Dkt. No. 3, p. 1-7 (Pg. ID No. 19-25).

Presently before the Court is Defendants' Motion for Summary Judgment [29], submitted July 6, 2016. Plaintiff responded on July 27, 2016. Dkt. No. 30. Upon review of the briefing, the Court concludes that oral argument will not aid in the resolution of the instant motion. Accordingly, the Court will resolve Defendant's present motion on the briefs. See E.D. Mich. L.R. 7.1(f)(2). For the reasons discussed herein, the Court will GRANT in part and DENY in part Defendants' Motion for Summary Judgment [29].

II. BACKGROUND

Thompson has rented a room in the back of a house belonging to Michael Rowell ("Michael") and Dorothy Hitchens-Hoenle ("Dorothy") since 2009. Dkt. No. 29-7, p. 6 (Pg. ID No. 323). In early April 2013, Michael's son Christopher Rowell ("Christopher") was living in the basement of the house and Christopher's 10-year-old son, Peyton, also resided at the house.

1. The Basement Assault

On the night of April 9, 2013, Christopher and Peyton were in the basement, with Peyton playing a video game on the couch. Dkt. No. 29-2, p. 7 (Pg. ID No. 261). Christopher's girlfriend of one week, Lauren Casey, came over and was helping Christopher use sheets to cover furniture that he had "trash-picked" several days prior. Dkt. No. 29-2, p. 10 (Pg. ID No. 264). Dorothy and Michael were concerned that Christopher had invited Lauren to move in, which Christopher disputes. Dkt. No. 29-2, p. 10 (Pg. ID No. 264); Dkt. No. 30-6, p. 5 (Pg. ID No. 458). Michael, who had been drinking that evening, came down to the basement toconfront Lauren and Christopher about the alleged cohabitation. Dkt. No. 29-2, pp. 8, 10 (Pg. ID No. 262, 64).

Michael brought his handgun down to the basement with him, hoping to slap Christopher in the head with it. Dkt. No. 30-6, p. 5 (Pg. ID No. 458). Michael cocked the hammer of the gun, intending to frighten Christopher. Id. Although the gun was inside his father's hooded sweatshirt, both Christopher and Lauren heard the click of the hammer being pulled back. Dkt. No. 29-2, pp. 11-12 (Pg. ID No. 265-66); Dkt. No. 29-3, p. 10 (Pg. ID No. 282). After hearing the click, Christopher moved to stand between his father and directed Peyton to grab his things so that they could leave. Dkt. No. 29-2, pp. 13 (Pg. ID No. 267).

Michael pulled the gun out, Dkt. No. 30-6, p. 5 (Pg. ID No. 458), and Christopher alleges that Michael pointed it at him, resulting in a struggle. Dkt. No. 29-2, p. 13 (Pg. ID No. 267). During the altercation, Christopher allegedly took the gun from his father and called out to Dorothy, who ran down the stairs and retrieved the gun. Id.; Dkt. No. 29-7, p. 33 (Pg. ID No. 350). Michael alleges that he broke several ribs and punctured a lung during the struggle and fall to the floor. Dkt. No. 29-2, p. 14 (Pg. ID No. 268).

Dorothy and Thompson took Michael upstairs to evaluate his injuries. Dkt. No. 29-7, p. 34 (Pg. ID No. 351). Thompson, who previously worked as arespiratory nurse, examined his ribs and believed them to be broken. Id. She advised Michael to get medical attention, but he refused. Id. at 34-35.

2. Michael's Arrest and Thompson's Intervention

Immediately after the struggle, Christopher, Lauren, and Peyton ran out of the house. Dkt. No. 29-2, p. 14 (Pg. ID No. 268). Lauren went directly to the police station and called Christopher to have him come and fill out a police report, which he did. Id. at 14-15. Lauren and Peyton confirmed Christopher's version of the events reported to the police. Dkt. No. 29-3, p. 6 (Pg. ID No. 278).

Several police officers went to the house and secured the exterior prior to having dispatch call Michael and asking him to come outside. Id. Dkt. No. 29-4, p. 5 (Pg. ID No. 288). Thompson did not want Michael to have to walk outside and thought the police should have come to the door to speak with him. Dkt. No. 29-7, p. 36 (Pg. ID No. 353). Nevertheless, Michael complied with dispatch's request and exited the house with his hands in the air, walking forward as directed. Id. at 37-38.

As Michael was following orders and walking towards the officers, Thompson decided to intervene. Id. at 38. Thompson walked out of the house, past the front porch and towards Michael, calling out to the officers. Id. at 38-39. The officers allege that Michael stopped complying with orders once Thompson emerged from the house. Dkt. No. 29-5, p. 7 (Pg. ID No. 301). Defendant officers,Conrad, Stindt, and Crooks, recall Thompson yelling, "leave him alone!" repeatedly, Dkt. No. 29-4, p. 7 (Pg. ID No. 290); Dkt. No. 29-5, p. 7 (Pg. ID No. 301); Dkt. No. 29-6, p. 8 (Pg. ID No. 313), whereas Thompson and Michael believe that she was repeating "don't hurt him, his ribs are broken." Dkt. No. 29-7, p. 39 (Pg. ID No. 356); Dkt. No. 30-6, p. 6 (Pg. ID No. 459).

Conrad, Stindt, and Crooks report that Thompson was told to stop and get on the ground five or six times as she walked empty-handed towards Michael, but Thompson refused to comply. Dkt. No. 29-4, p. 7 (Pg. ID No. 290); Dkt. No. 29-5, p. 7 (Pg. ID No. 301); Dkt. No. 29-6, p. 8 (Pg. ID No. 313). Instead, as Thompson allegedly approached Michael, refusing to stop, she abruptly turned around and walked back towards the house. Dkt. No. 29-4, p. 7 (Pg. ID No. 290); Dkt. No. 29-5, p. 8 (Pg. ID No. 302); Dkt. No. 29-6, p. 8 (Pg. ID No. 313). As the handgun reported during the assault had not been secured, Stindt detained Thompson rather than allowing her to go back inside and possibly retrieve the gun.¹ Id. The officersallege that Stindt came up from behind Thompson and grabbed her arm. Id. Then, with one motion, Stindt claims he brought Thompson to her knees and then to the ground in a prone position. Id. Stindt asserts that he used the least amount of force necessary to lower Thompson to the ground. Dkt. No. 29-5, p. 8 (Pg. ID No. 302).

Conrad believes that Stindt handcuffed Thompson, while Stindt believes that he handcuffed Thompson with the assistance of Conrad or Crooks. Dkt. No. 29-4, p. 8 (Pg. ID No. 291); Dkt. No. 29-5, p. 9 (Pg. ID No. 303). None of the officers recall hearing Thompson ever mention a preexisting injury, being in pain, or needing any medical attention. Dkt. No. 29-4, p. 8 (Pg. ID No. 291); Dkt. No. 29-5, p. 8 (Pg. ID No. 302); Dkt. No. 29-6, p. 9 (Pg. ID No. 314). Crooks and Conrad both assert that they were nearby, but did not have any physical contact with Thompson as she was being placed on the ground. Dkt. No. 29-4, p. 8 (Pg. ID No. 291); Dkt. No. 29-6, p. 8 (Pg. ID No. 313).

Thompson's recollection of being detained by the officers differs. Thompson said she experienced "tunnel vision" and followed Michael outside. Dkt. No. 29-7,p. 38 (Pg. ID No. 355). She remembers the officers telling her to stop and claims that she stopped once she heard the order. Id. at 39. Thompson believes that the officers "[had] guns on [her]," so she turned around to go back inside. Id. She does not remember how many officers came near her, but claims she could tell they were coming up behind her because she could "feel [their] energy," "like static in the air." Id. at 40-41. Thompson said that as she felt them approaching, she raised her hands above her head and told the officers not to hurt her because she had neck surgery. Id. at 41. She claims that an officer came up behind her, took her hands and handcuffed her, grabbed her and forced her to her knees, and then put her on the ground on her stomach. Id. at 42. Thompson claims that the officer grabbed her by the neck and shoulder in the process of taking her to the ground. Id. It was that grab—between her right shoulder and neck when she was being put her on her knees—that she claims hurt her and out of which her excessive force claim arises. Id. at 43, 47.

Conrad sat with Thompson for about 15-20 minutes while the officers went through the house to remove Michael's guns. Dkt. No. 29-4, p. 9 (Pg. ID No. 292). Thompson alleges that Conrad searched her for weapons during that time and put her knee on Thompson's back. Dkt. No. 29-7, p. 45 (Pg. ID No. 362). Conrad disputes that she ever put a knee on Thompson's back. Dkt. No. 29-4, p. 9 (Pg. ID No. 292). After the house was cleared, the officers uncuffed Thompson. Dkt. No.29-7, p. 44 (Pg. ID No. 361). Thompson claims that the officers did not assist her to her feet after uncuffing her, and that she had to crawl back inside because she could not stand. Id. at 46.

Thompson was not arrested or charged with an offense for her conduct that evening. Dkt. No. 29-7, p. 47 (Pg. ID No. 364). Michael was arrested and taken to jail. He pled guilty to two counts of assault and battery in September 2013. Id.; Dkt. No. 29-3, p. 8 (Pg. ID No. 280).

3. Thompson's Medical History and Injuries

a. Preexisting Injuries

Thompson has an extensive history of chronic illness predating the April 2013 incident. Additionally, Thompson has cognitive issues and problems with her memory that are a result of the medications she has been taking for many years. Dkt. No. 29-7, pp. 49-50 (Pg. ID No. 366-67).

Thompson has been in three car accidents, with the latest in 1993. Id. at 12. In 1993, Thompson...