Dallas-Clark v. Eilert

CourtDistrict Court, W.D. Kentucky
DecidedFebruary 11, 2025
Docket4:23-cv-00036
StatusUnknown

This text of Dallas-Clark v. Eilert (Dallas-Clark v. Eilert) is published on Counsel Stack Legal Research, covering District Court, W.D. Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dallas-Clark v. Eilert, (W.D. Ky. 2025).

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY OWENSBORO DIVISION

CAROLYN DALLAS-CLARK Plaintiff

v. Case No. 4:23-cv-36-RGJ-HBB

JOHN EILERT Defendant

* * * * *

MEMORANDUM OPINION & ORDER Plaintiff Carolyn Dallas-Clark (“Dallas-Clark”) claims that Defendant John Eilert (“Eilert”), a Kentucky State Police trooper, used excessive force while detaining her during a traffic stop. [DE 6]. Eilert moves for summary judgment. [DE 29]. Dallas-Clark responded [35] and Eilert replied [DE 42]. For the reasons below, Eilert’s motion is GRANTED in part and DENIED in part. Dallas-Clark’s emotional distress and negligence claims are dismissed as a matter of law. Her Section 1983 excessive-force claim and state-law claims of assault and battery remain for trial. I. BACKGROUND Eilert stopped Dallas-Clark for speeding one night in March 2022. [DE 29-1 at 185]. Events were largely captured on his cruiser’s dash cam. [DE 32]. The footage is stamped in Zulu time. At this stage, the Court accepts “the facts as depicted by the recording” but still “construe[s] any remaining ‘gaps or uncertainties’ in the footage . . . in the light most favorable to” Dallas-Clark. See Jones v. Naert, 121 F.4th 558, 562 n.1 (6th Cir. 2024) (quoting Heeter v. Bowers, 99 F.4th 900, 910, 912 (6th Cir. 2024)); see also Scott v. Harris, 550 U.S. 372, 380–81 (2007). According to state court records, Eilert observed Dallas-Clark’s vehicle traveling at 19 miles per hour over an interstate speed limit. [DE 29-1 at 185]. He followed her down an exit ramp, then activated his cruiser’s lights. [DE 32 at 2:39:12]. Dallas-Clark stopped on the right side of the ramp with her vehicle partially over a curb. [Id. at 2:39:47]. Eilert approached on the vehicle’s right side and, after some difficulty with the passenger window, asked Dallas-Clerk for her license and insurance. [Id. at 2:40:12]. Dallas-Clark claimed to be speeding because she was on her way to help a domestic violence victim. [Id. at 2:40:34]. After several minutes of conversation, she was yet to produce her documentation. [Id. at 2:45:30]. Her speech was slurred. [Id. at 2:40:34].

According to Eilert, her eyes were “bloodshot” and “glassy.” [DE 29-1 at 185]. He suspected that “something . . . was going on with her.” [DE 29-4 at 311–12]. Eventually he returned to his cruiser. [DE 32 at 2:47:52]. After looking up Dallas-Clark’s information, Eilert approached her vehicle again, this time on the left side, and directed Dallas-Clark to exit. [DE 32 at 2:51:38]. She questioned his instruction. Eilert pulled the driver door handle; she said “no.” [Id. at 2:51:57]. When Eilert told Dallas-Clark to “come out or I’m pulling you out,” she responded with “I will not.” [Id. at 2:52:00]. Eilert tried to pull her out of the vehicle but appears to lose his grip. Dallas-Clark stated, “I promise I won’t resist.” [Id. at 2:52:02]. Then Eilert pulled Dallas-Clark’s left wrist to extract her from the

vehicle. She landed on her side. [Id. at 2:52:04; DE 35-1 at 345]. On the ground she continued, “Sir, I won’t resist! Oh god, you broke my shoulder. . . . Sir, I said I wouldn’t.” [DE 32 at 2:52:06]. Roughly 14 seconds passed between Eilert’s initial instruction to exit the vehicle and his attempts to extract Dallas-Clark. [Id. at 2:51:50, 2:52:04]. In her deposition, Dallas-Clark testified that she did not get out voluntarily because she “didn’t get a chance.” [DE 35-1 at 343]. She also testified that, as she would have told Eilert with more time, she “needed my back brace out of the back.” [Id. at 344]. Eilert does not claim that Dallas-Clark was under arrest at the moment in question. [DE 29-4 at 311–12]. He acknowledges that he was neither trained nor instructed on his chosen method for extracting Dallas-Clark from her vehicle. [DE 35-2 at 353–54]. Eilert helped Dallas-Clark to her feet and cuffed her. [DE 32 at 2:52:14]. She told him that she had some marijuana and gave him permission to search her vehicle. [Id. at 2:53:12, 2:58:37]. Eilert recovered marijuana, two open liquid bottles, and other evidence from Dallas-Clark’s purse and vehicle. [Id. at 2:56:36, 2:57:28, 3:00:48, 3:02:39, 3:10:52]. She admitted to smoking marijuana and drinking that day. [Id. at 3:11:08, 3:12:46]. Eilert uncuffed Dallas-Clark and

initiated a field sobriety test, but Dallas-Clark did not complete it. [Id. at 3:12:18, 3:13:21, 3:18:22]. She also refused a breathalyzer test. [Id. at 3:18:57; DE 35-1 at 346]. When Eilert re- cuffed her, she complained again of shoulder pain. [DE 32 at 3:19:48]. Eilert arrested Dallas-Clark for driving under the influence. [Id. at 3:23:29]. To avoid her vehicle being towed, Eilert moved it off the exit ramp. [Id. at 3:24:41]. Then he transported Dallas- Clark to the hospital for a blood test [id. at 3:39:40, 3:43:18] before proceeding to the county jail [id. at 4:25:31]. Eilert does not dispute Dallas-Clark’s claims that after stopping at the jail, they returned to the hospital, where she was diagnosed with a fractured shoulder. [DE 6 at 24; DE 35 at 329]. Dallas-Clark admits that she drank alcohol, took medication, and possessed marijuana the

day of the stop. [DE 29-3 at 296–99; DE 35-1 at 343]. In Hopkins District Court, she pleaded guilty to possession of marijuana, possession of an open beverage container, speeding, reckless driving, disorderly conduct, and driving under the influence. [DE 29-1 at 133–34]. A charge of resisting arrest was dismissed. [Id. at 134]. II. STANDARD Summary judgment is required when “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). “A fact is material if it ‘might affect the outcome of the suit under the governing law[,]’ and a dispute about a material fact is genuine ‘if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.’” McKay v. Federspiel, 823 F.3d 862, 866 (6th Cir. 2016) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986)). The Court may not weigh evidence or make credibility determinations but must view the evidence and draw all reasonable inferences in the light most favorable to the non-moving party. Daugherty v. Sajar Plastics, Inc., 544 F.3d 696, 702 (6th Cir. 2008); see also Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986); Williams v. Int’l Paper Co., 227 F.3d 706, 710 (6th Cir. 2000).

“The burden of demonstrating the absence of a genuine dispute of material fact first rests with the moving party.” George v. Youngstown State Univ., 966 F.3d 446, 458 (6th Cir. 2020) (citing Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986)). “If the moving party meets this burden, the burden then shifts to the nonmoving party to establish a ‘genuine issue’ for trial via ‘specific facts.’” Id. (quoting Celotex, 477 U.S. at 324). “The mere existence of a scintilla of evidence,” Liberty Lobby, 477 U.S. at 252, or “some metaphysical doubt as to the material facts,” Matsushita, 475 U.S. at 586, will not defeat summary judgment. Instead, “the non-moving party must ‘cit[e] to particular parts of materials in the record . . . or . . . show[] that the materials cited” by the moving party “do not establish the absence . . . of a genuine dispute.’” United Specialty Ins. v.

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