Howard Linden v. Thomas Piotrowski

619 F. App'x 495
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 24, 2015
Docket14-2158
StatusUnpublished
Cited by5 cases

This text of 619 F. App'x 495 (Howard Linden v. Thomas Piotrowski) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Howard Linden v. Thomas Piotrowski, 619 F. App'x 495 (6th Cir. 2015).

Opinion

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

This is an interlocutory appeal of the denial of qualified immunity to two Highland Park, Michigan, police officers who responded to the scene of a shooting and allegedly exhibited deliberate indifference to the serious medical needs of one of the shooting victims, Ronald Black, Jr., who later died of his wounds. Howard Linden, the personal representative of Black’s estate, brought this civil action for money damages under 42 U.S.C. § 1983 against the officers for violating Black’s Fourteenth Amendment rights. The officers moved for summary judgment by reason of qualified immunity, but the district court denied their motion. Because the constitutional right at issue was not clearly established in the context of this cage, the officers are entitled to qualified immunity, and we reverse.

I.

On the evening of January 18, 2013, eighteen-year-old Ronald Black and several other individuals were playing cards inside the house located at 322 Labelle Street in Highland Park, Michigan. At approximately 11:40 pm, one of the other people — John Bain — pulled out a gun and started firing. Highland Park police officers Thomas Piotrowski and Sevan Zayto received a report of shots fired and quickly responded to the scene. Upon arriving, Officers Piotrowski and Zayto first encountered Antoine Scott on the front porch; he was holding a gun (which it turned out he had wrested away from Bain), and he said that he had to protect his family. The officers told Scott to put the gun down, and he complied. The officers then detained him in the back of their police car.

The-officers then proceeded inside the house. According to Piotrowski, they immediately encountered two individuals lying on the floor: one (Bain) had a gunshot wound to his face and appeared to be fatally injured; the other (Robert Givens) was bleeding from his abdomen. A young person, Darrail Pulley, was crouching above Givens. Although it is clear that Black was also shot and died of his wounds later that evening after the medics arrived, the events leading up to Black’s death are in dispute.

According to Piotrowski, immediately after the officers entered the house and saw Bain and Robert Givens lying on the floor, he assessed the area to make sure that it was safe and then called for medical assistance for multiple gunshot victims in an unknown number. Piotrowski then focused his attention on Robert Givens, asking him what had happened, applying pressure to his wounds with-a gloved hand, and trying to calm Pulley down. According to Pio-trowski, he did this until the medics arrived, although at some point he called at *497 least one more time to request medical help because he felt they were taking a long time to show up. Piotrowski said that he did not see Black until after EMS arrived, at which point he went to assess the rest of the scene and found Black “down the hallway towards the kitchen” where he was sitting on the floor. Pio-trowski Dep. 25:25, EOF No. 22-1. Another officer was standing near Black. Piotrowski continued looking around and returned to Black a few minutes later. By this time, according to Piotrowski, Black had been handcuffed with his hands behind his back. Black told the officers that someone had been shooting at him. Pio-trowski asked him if he had been shot, and Black — according to Piotrowski — did not respond directly, but only said that his stomach hurt. Piotrowski and Zayto lifted up his shirt to check his abdomen, but did not see anything wrong. According to Piotrowski, they also looked him over for blood stains or signs of gunshot wounds, but did not see anything. The officers did not check his vitals. They did ask whether he had taken any drugs because the house “was a suspected drug house, [and] we didn’t know if he swallowed a bunch of drugs.” Piotrowski Dep. 35:21-22, EOF No. 22-1. Piotrowski observed that Black was acting strangely, and went outside to see if another EMS unit was there; he did not see one. (The record suggests that the second ambulance never made it to 322 Labelle because it was diverted to attend to Tamesha Glass, who had been upstairs when the shots were fired, broke her window and climbed out, and — bloody from a serious cut to her hand — ran to the nearest open business, a liquor store, which is where the ambulance found her.) Pio-trowski called for another EMS unit. By this point Black was screaming in pain, according to Piotrowski. Five to ten minutes later, another EMS unit arrived and Piotrowski told them that Black was acting strangely, that he might have overdosed on something, and that it was unknown whether he had been shot.

As for Zayto, he also said that Piotrow-ski moved directly to assist Robert Givens once they entered the house. Zayto said that he first encountered Black moments later, when Black came walking into the room directly toward them. Zayto suspected at this point that Black “had something to do with” the shooting, especially after the woman on the staircase (presumably Charlotte Givens) told them that there was no one else left in the house. Zayto Dep. 44:20, ECF No. 22-2. He instructed Black to put his hands up, and Black complied. Zayto asked him if there was another shooter and Black said he didn’t know. Zayto asked Black if he had been shot, and according to Zayto, he said no. Zayto patted Black down and lifted up Black’s shirt to see if he had been shot, and then put him in handcuffs, at which time Black asked if he could sit down and said his stomach hurt. Zayto asked Black if he needed EMS, and Black said yes, so Zayto called another EMS unit for him. When the first EMS unit arrived to attend to Givens, who had an obvious abdominal wound, Zayto told them that they also needed to check on Black; they told Zayto that another ambulance was on the way. According to Zayto, only three to five minutes elapsed between the time when he first saw Black and the time when EMS medics were on scene attending to him.

The plaintiff has presented an affidavit from Charlotte Givens, who was present at 322 Labelle during the events in question and in the bathroom when the shots were fired. According to Charlotte Givens, the police officers handcuffed Black when they arrived on scene. She said that Black told the officers multiple times that he had been shot and needed medical assistance. According to Charlotte Givens, not only *498 did the officers not do anything to help Black, but they repeatedly told him that he had not been shot and that he was going to jail, not to the hospital.

The plaintiff also has produced an affidavit from Darrail Pulley, Charlotte Givens’s son, who was present that evening. Pulley too said that the officers handcuffed Black after they arrived. According to Pulley, Black was yelling “I’m shot too, I’m shot too!” Pulley Aff. 2:6, ECF No. 24-6. And in response, the officers told Black to shut up, that he had not been shot, and that he was going to jail. Pulley said that the officers “tried to pick [Black] up several [times] to get him to sit up straight, but he kept falling down because he was shot.” Pulley Aff. 2:9, ECF No. 24-6. Pulley further said that Black continued to tell the officers multiple times that he had been shot; “[h]e was talking slowly and he was begging for help.” Pulley Aff. 2:10, ECF No. 246.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Coats v. Pope
D. South Carolina, 2019
Stevens-Rucker v. City of Columbus
242 F. Supp. 3d 608 (S.D. Ohio, 2017)
Goode v. Berlanga
646 F. App'x 427 (Sixth Circuit, 2016)
Johnson v. Clafton
136 F. Supp. 3d 838 (E.D. Michigan, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
619 F. App'x 495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howard-linden-v-thomas-piotrowski-ca6-2015.