Young v. Hicks

ALAN M. YOUNG, PLAINTIFF v. OFFICER GARY HICKS, et al., DEFENDANTS

Civil Action No. 5:19-CV-200-TBR

United States District Court, W.D. Kentucky, Paducah Division

August 30, 2021

Counsel of Record Alan Young

MEMORANDUM OPINION

Thomas B. Russell, Senior Judge United States District Court

This matter is before the Court on three motions. First Defendants, Officer Hicks #420, Sergeant Eastman #425, and the City of Hopkinsville (hereinafter collectively referred to as “City Defendants”) Motion for Summary Judgment, [DN 35]. Second, Defendants, Kentucky State Police (“KSP”) and Kentucky State Police Trooper Hunter Carroll's Motion for Extension of Time to File, [DN 34]. Finally, Defendants KSP and Trooper Carroll's Motion for Summary Judgment, [DN 37]. Plaintiff has not filed a response to any of Defendants' motions and the time to do so has lapsed. Thus, this matter is ripe for adjudication. For the reasons stated herein, City Defendant's Motion for Summary Judgment, [DN 35], is GRANTED, Defendants KSP and Trooper Carroll's Motion for Summary Judgment, [DN 37] is GRANTED, and Defendants KSP and Trooper Carroll's Motion for Extension of Time to File, [DN 34], is DENIED AS MOOT. The Court will enter an Order and Judgment contemporaneous to this Memorandum Opinion.

BACKGROUND

Plaintiff Alan Young, pro se, has asserted federal claims for violations of his civil rights under 42 U.S.C. § 1983 and state law claims of negligence and gross negligence against the City of Hopkinsville and two of its police officers, Officer Hicks and Sergeant Eastman, in their individual and official capacities (collectively, “City Defendants”), and against the Kentucky State Police (KSP) and KSP Trooper Hunter Carroll in his individual and official capacity. Now, City Defendants and Defendants KSP and Trooper Carroll move for summary judgment on all claims.

I.

In his Complaint, Plaintiff alleges that during his arrest on December 30, 2018, Defendants used excessive force in violation of his constitutional rights, breached their duty of care, and acted with gross negligence towards Plaintiff. [DN 1-1]. Specifically, Plaintiff avers that he was lying unarmed in a boat's storage compartment when Kentucky State Police Trooper Carroll “opened the access door to the boat and found Plaintiff unarmed lying in a surrendering position [ ] on his stomach, face down, [with his] arms out in front of him.” [Id. at 6]. Trooper Carroll held the door open for K-9 Kuno and his handler, Officer Hicks, to enter. Id. Officer Hicks then “ordered K-9 Kuno to attack or apprehend in an aggressive manner while Trooper Carroll and Officer Hicks proceeded to scream and holler at Plaintiff to show his hands.” Id. Plaintiff then states that Sergeant Eastman was ordered to take part by Officer Hicks and Trooper Carroll, and that Sergeant Eastman placed Plaintiff in handcuffs and transported him to the hospital rather than calling an ambulance. Id. Plaintiff suffered lacerations on his head, hands, arms, and legs which “required emergency medical attention and surgeries.” Id. Plaintiff requests compensatory damages, as well as punitive damages in the amount of $500, 000.00. [Id. at 6; DN 33 at 221].

Defendants deny these allegations in their entirety. In support of this assertion, City Defendants have attached Hopkinsville Police Department's Pursuit After Action Reports from December 25, 2018 and December 28, 2018, Hopkinsville Police Department's Use of Force Report from Plaintiff's arrest on December 30, 2018, body camera footage of Plaintiff's arrest on December 30, 2018, and supporting affidavits of Gary Hicks, Edward Eastman, and Deputy Chief of the HPD Michael Seis. [See DN 35 Exhibits 2-5; DN 43 Exhibits 1-3]. Defendants Carroll and KSP attached Plaintiff's Parole Violation Warrant, the Use of Force Report from Plaintiff's Arrest on December 30, 2018, a photograph from the arrest, and the supporting affidavit of Detective R Hunter Carroll. [DN 37 Exhibits 2-4; DN 42-1]. Pursuant to this evidence, Defendants declare that leading up to the incident in question, on December 25, 2018, a Hopkinsville Police Officer observed a white truck with a trailer backed into a closed business parking lot (1490 Glass Ave). [DN 35-2 HPD Pursuit of Action Report for 12/25/18]. The vehicle and trailer drove off shortly thereafter. Id. Based on the Officer's observation, he believed it to be a theft in progress or possible burglary. Id. Therefore, the Officer attempted to pursue and stop the vehicle, but elected to terminate the pursuit due to excessive high speeds and high risk of danger associated with the pursuit. Id. Three days later, on December 28, 2018, Hopkinsville Police officers located the suspect vehicle once more. [DN 35-3 HPD Pursuit of Action Report for 12/28/18]. The Officer made contact with the driver and instructed him to turn off the vehicle. Id. The driver ignored this command and proceeded to drive off. Id. Officers pursued the driver and attempted to stop him, but the suspect evaded officers again and led them on a dangerous pursuit that was eventually terminated by officers due to high risk of danger to others. Id. Subsequently, Officers identified the suspect driver as Plaintiff Alan Young after identifying him by his driver's license photo. Id. After looking up Young's information, it was determined that Young was a convicted felon and had an active parole violation warrant. [Id; DN 37-2 Parole Violation Warrant]. A “Be On the Look Out” (BOLO) order was sent out in reference to Alan Young. [DN 35-3].

For the third time in seven days, on December 30, 2018, Hopkinsville Police officers encountered Plaintiff when they received information that he was hiding in a loft storage area of a warehouse. [DN 35-4 Officer Hick's Report]. Based on the presence of Plaintiff's vehicle parked outside of the warehouse and an unidentified informant confirming that Plaintiff was driving the same vehicle that day, the Christian County Attorney's Office advised the HPD officers that probable cause was sufficiently established to enter the storage building. Id. In addition to the County Attorney's opinion, City Defendants state that the HPD officers requested and received permission from the storage building's owner to enter the property where officers believed Plaintiff was hiding. Id. Officers were provided with an electronic keypad code for entry. Id.

Upon opening the door to the warehouse, HPD officers (City Defendants) loudly announced their presence stating, “Hopkinsville Police Department, Canine Team.” [DN 35-5 Officer Hicks' Body Camera Footage at 01:02]. After entering through the exterior door into the warehouse, Officer Hicks' body camera footage shows rifle bullets on a table in the entryway and that City Defendants proceeded through the entryway and opened a second door into the main room. [Id. at 01:15]. As City Defendants entered the main room, they once again loudly announced their presence stating twice, “Hopkinsville Police Department Canine Team. Make yourself known or you will be dog bit.” [Id. at 01:17-01:33]. Body camera footage then shows City Defendants, specifically Officer Hicks and K9 Kuno, searching the warehouse for Plaintiff. During the search, Officer Hicks and K9 Kuno reached the back corner of the structure, where a fishing boat was kept, and K9 Kuno was placed in the boat to search the boat's compartments. [Id. at 05:15]. K9 Kuno indicated that there may be something of interest in the rear compartment of the boat, so Officer Hicks proceeded to open the rear compartment hatch and found Plaintiff inside crouched down with his back facing Officer Hicks. [Id. at 05:25-05:35]. After opening the hatch, Officer Hicks stated to Plaintiff, “Let me see your hands, let me see your hands! You're going to get dog bit!” [Id. at 05:35-05:40]. Officer Hicks then gave K9 Kuno the command to apprehend Plaintiff and he did so, biting Plaintiff in several places. Id. HPD Sergeant Eastman quickly approached while K9 Kuno was apprehending Plaintiff and by 06:15 Plaintiff's hands were cuffed above his head and Officer Hicks released K9 Kuno from his grip on Plaintiff's upper arm. [Id; DN 35-4 at 304]. Pursuant to the body camera footage, K9 Kuno apprehended Plaintiff for approximately 0:40-0:45 seconds before Officer Hicks released K9 Kuno once Plaintiff's hands were secured by handcuffs. [Id. 05:35-06:15]. City Defendants then escorted Plaintiff out of the warehouse and quickly searched him before taking him to the Emergency Department at Jennie Stuart Medical Center in the back seat of City Defendant's police vehicle so that his dog bite wounds could be tended to.

Despite Plaintiff's allegation that he was “unarmed lying in a surrendering position. On his stomach, face down arms out in from of him in plain sight” when officers found him inside of the boat, [DN 1-1 at 6], Defendants aver that when they found Plaintiff, he was lying “face down in a crouched position where his hands were not visible, [which] prevent[ed] the arresting officers from determining if he was armed with a gun or other lethal weapon.” [DN 35-1 at 256]. The body camera footage does not provide a clear view of the position of Plaintiff's hands or arms when he was discovered inside the boat. In City Defendant's supporting affidavits, Hicks declares that he was present when Plaintiff Alan Young was arrested on December 30, 2018 and that he was the handler of K9 Kuno. [DN 43-1]. Hicks states that “the Canine was used to effectuate the arrest of Alan Young because of the risks and dangers associated with entering an unknown building with a presume armed and dangerous convicted felon hiding inside.” Id. Hicks further declares that “the body camera footage is from my body-worn camera on December 30 2018” and...