Yoakum v. Crook Cnty.

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GRANT YOAKUM, a personal representative of the Estate of Nicholas Rodin, Plaintiff, v. CROOK COUNTY, and STEVEN HATCHER, Defendants.

No. 2:23-cv-00001-HL

United States District Court, D. Oregon, Pendleton Division

April 24, 2024

FINDINGS AND RECOMMENDATION

ANDREW HALLMAN, United States Magistrate Judge

This action involves the tragic death of Nicholas Rodin (“Rodin”), who was shot and killed by Crook County Sheriff's Deputy Steven Hatcher (“Hatcher”). Plaintiff Grant Yoakum, the personal representative of Rodin's estate, brings this excessive force and wrongful death action against Hatcher and Crook County. Plaintiff alleges a Fourth Amendment violation under 42 U.S.C. § 1983 and a negligence claim under Oregon state law. This matter now comes before this Court on Defendants' Motion for Summary Judgment. Mot., ECF 23. This Court heard oral argument on March 21 2024. For the reasons discussed below, Defendants' Motion for Summary Judgment should be GRANTED as to Plaintiff's Fourth Amendment excessive force claim against Hatcher, and DENIED as to Plaintiff's wrongful death claim against Hatcher and Crook County.

BACKGROUND

The following facts are based on evidence submitted by both parties^[1] and are recited in the light most favorable to Plaintiff as the nonmoving party.^[2]

On February 4, 2022, at approximately 4:44 a.m., Rodin called 911 for emergency services and had the following exchange with the dispatcher:

Dispatcher: 911, what's the address of your emergency?

Rodin: I don't know the address but I have a warrant for my arrest, I'd like a pickup please.

Dispatcher: You, you what?

Rodin: I have a warrant for my arrest. I'd like to get picked up, please.

Dispatcher: Okay, I need you to call the non-emergency number for that.

Hisel Decl. Ex. 2 at 2, ECF 24-2. Rodin ended the phone call and immediately called 911 again. Id. at 4. Rodin had the following exchange with the dispatcher in his second call:

Dispatcher: 911, what's the address of your emergency?

Rodin: I don't know the address, but I have a warrant for my arrest. You need to come pick me up before I flip out and hurt somebody.

Dispatcher: What is your name?

Rodin: Nicholas Rodin.

Dispatcher: Nicholas what?

Rodin: Rodin, R-O-D-I-N.

Dispatcher: What's your date of birth?

Rodin: 3/6/86.

Dispatcher: Okay. I need to know where you are.

Rodin: I'm on Juniper Canyon.

Dispatcher: Where on Juniper Canyon? I need some sort of a mile marker or a cross street.

Rodin: I'll, I'll be, I'll be walking down the road. Don't worry about it. You

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Dispatcher: What are you wearing?

Rodin: I'm wearing blue jeans and a jacket, tan jacket.

Dispatcher: Do you have any weapons?

Rodin: Absolutely.

Dispatcher: You do?

Rodin: Yup.

Dispatcher: Like what?

Rodin: Uh, I got a pistol, a 22 pistol, then, uh, a knife.

Dispatcher: Okay. What's going on tonight that you're gonna hurt somebody?

Id. Dispatch determined that “[Rodin]'s phone pinged in the area of Southeast Maphet Road[.]” Silence Decl. Ex. 1 at 2. Dispatch confirmed that Rodin had a felony warrant and was on probation for assault. Weber Decl Ex. 1 at 1.

In the early morning of February 4, 2022, CCSO Deputy Justin Silence (“Silence”) was on duty in his patrol car. Silence Decl. Ex. 1 at 2. At approximately 4:44 a.m., CCSO dispatch advised Silence of Rodin's calls, and Silence reviewed the call for service with CCSO deputies Keaton Zarbano (“Zarbano”) and Jason Weber (“Weber”). Id. The deputies found the call unusual and had concerns that it was a suicide-by-cop situation. Haberman Decl. Ex. 14 at 17, ECF 37-14 (Silence Depo.); Id. Ex. 15 at 12, ECF 37-15 (Zarbano Depo.); Id. Ex. 16 at 19, ECF 37-16 (Weber Depo.). The deputies drove in two patrol cars to the area where they believed Rodin was located. Silence Decl. Ex. 1 at 2-3. Because the call was unusual, deputies were “[m]ore cautious,” drove more slowly, and used more lights. Haberman Decl. Ex. 14 at 11-12; Id. Ex. 16 at 12-13. During their search efforts, the deputies called Rodin multiple times on the number he had used to reach 911 but Rodin did not answer the phone. Silence Decl. Ex. 1 at 2. The deputies failed to locate Rodin. Id. at 3. At approximately 5:49 a.m., “[a]fter not being able to locate [Rodin], [Silence] cleared the call.” Id.

As Silence's night shift was coming to an end, he received a call from Hatcher who was preparing to begin his shift at 6:00 a.m. and had read the call for service regarding Rodin. Id. Silence and Hatcher discussed Rodin's comments to 911 about being armed and wanting to get picked up before he hurt someone. Id. Hatcher told Silence that the situation seemed “sketchy” and that it seemed like “an ambush or a potential suicide by cop.” Haberman Decl. Ex. 13 at 18 (Hatcher Depo.), ECF 37-13. Hatcher later told Oregon State Police (“OSP”) that, “due to [his] concerns with the call, [he] immediately radioed dispatch and asked them to please put the call back on the board . . . for day shift.” Id. Ex. 6 at 10.

Once Hatcher started his regular patrol duties, he decided to “patrol through the area that . . . Rodin had stated that he was in,” which was in the area of Maphet Road. Id. When Hatcher left to patrol the area, he was equipped with a Glock 9-millimeter gun and an AR short-barreled rifle. Id. at 4-5. Hatcher was not carrying pepper spray, a taser, or any other type of less lethal weapon. Id. Ex. 13 at 122-23. Hatcher was not carrying his taser because it was out of service. Id. at 123.

Hatcher described his encounter with Rodin during his interview with OSP as follows: At approximately 1:30 p.m., Hatcher was approaching Maphet Road when he observed a male subject sitting on a tree stump who matched the description of Rodin. Haberman Decl. Ex. 6 at 10. Hatcher drove around the corner and radioed dispatch to notify them that he would be contacting the subject. Id. Hatcher's partner Deputy Elijah Merkwan (“Merkwan”), heard Hatcher's communication with dispatch. Merkwan Decl. 3, ECF 32-1. Merkwan made radio contact with Hatcher and Hatcher told Merkwan, “Code 1, but step it up.” Id. Hatcher drove back to the area where he had just seen the male subject, but the subject was no longer at the stump where Hatcher had last seen him. Haberman Decl. Ex. 6 at 10. Hatcher observed the subject walking down Maphet Road and noted that he was about six-feet-seven-inches tall and weighed about two hundred and fifty pounds. Id. at 10-11. Hatcher was “90 percent sure” that the subject was Rodin. Id. at 11. At 1:38 p.m., Hatcher radioed dispatch that he would be making contact with the subject. Id. Hatcher's intent was to “slow play and down play it, knowing that [his] partner was [e]n route.” Id.

Hatcher exited his patrol vehicle and casually addressed the subject as “Nick” and “Nicholas,” but the subject turned around and said, “no.” Id. When Hatcher asked the subject for his name, the subject told him, “Michael Reece.” Id. Hatcher returned to his patrol vehicle to have dispatch run a check on “Michael Reece,” but that name indicated birthdate of 1953, which did not match the age of the subject. Id. Hatcher stayed in his car and observed the subject “quickly walking down Maphet [Road] and kind of erratically checking over his shoulder”; Hatcher remained in his vehicle and continued to “slow play the situation for [his] . . . backup to arrive . . . to handle to situation safely.” Id.

Hatcher next ran Rodin's driver's license. Id. After Hatcher saw Rodin's photograph, he was “a hundred percent sure [the subject] was [] Rodin.” Id. As Hatcher was waiting for his backup, he saw that Rodin was getting closer to a residential driveway and “determined . . . that [he] needed to detain Rodin.” Id. Rodin's location on Maphet Road was approximately 400 feet from the closest residence. Haberman Decl. Ex. 10 (aerial map), ECF 37-10. As Hatcher approached Rodin in his vehicle, Rodin turned toward Hatcher, reached behind his back, and pulled out his phone. Id. Ex. 13 at 12 (Hatcher Depo.). Hatcher quickly put his vehicle in park, jumped out of his car, drew his weapon, and ordered Rodin to get on the ground because Rodin “appeared to be drawing a weapon.” Id.; Id. Ex. 6 at 11. Hatcher immediately realized that Rodin had pulled out his phone but kept Rodin at gunpoint. Id. Ex. 13 at 94 (Hatcher confirming that he kept Rodin at gunpoint “after realizing that he was holding a soda bottle and cell phone”). Rodin complied with Hatcher's order and dropped down to his knees. Id. Ex. 6 at 11-12.

Once Rodin was on his knees, Hatcher turned on his body-worn-camera and radioed dispatch that he had a subject at gunpoint. Id. at 12. The ensuing encounter, including Hatcher's use of lethal force, lasted one minute and seventeen seconds and was captured on video from Hatcher's body-worn-camera. Id. Ex. 11 00:01-01:17.

Hatcher's video footage begins with Hatcher holding Rodin at gunpoint with Rodin on the ground in a kneeling position about twenty feet away from Hatcher; Rodin is holding a cell phone to his ear with his right hand and his left hand is empty with a Pepsi bottle on the ground next to him. Id. at 00:01. While Rodin is kneeling with both hands visible to Hatcher, Hatcher walks toward Rodin yelling, “put your hands where I can see them . . . get on the ground!” Id. at 00:05. Rodin says, “you going to kill me motherfucker what's up? I didn't do nothing wrong.” Id. at 00:08-10. Hatcher is about eight to ten feet from Rodin and yells, “you're goddamn right I'll kill you! Keep your hands where I can see them.” Id. at 00:11-19. Rodin opens his arms widely while saying to Hatcher, “seriously dude . . fuck . . . I didn't do nothing wrong.” Id. Hatcher yells at Rodin to “lay on the ground!” and Rodin says again, “I didn't do nothing wrong, are you serious...