Kinlocke v. Benton

257 F. Supp. 3d 1368
CourtDistrict Court, N.D. Georgia
DecidedJune 19, 2017
DocketCIVIL ACTION FILE NUMBER 1:16-cv-4165-TCB
StatusPublished
Cited by2 cases

This text of 257 F. Supp. 3d 1368 (Kinlocke v. Benton) is published on Counsel Stack Legal Research, covering District Court, N.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kinlocke v. Benton, 257 F. Supp. 3d 1368 (N.D. Ga. 2017).

Opinion

ORDER

Timothy C. Batten, Sr., United States District Judge

This case comes before the Court on the motion of Defendants Casey T. Benton, J.E. Fox, and DeKalb County, Georgia, for judgment on the pleadings [12].

1. Background1

Plaintiff Kent-Stephen Kinlocke is a resident of Stone Mountain, Georgia. On Saturday, November 4, 2014, at approximately 10:10 a.m., Kinlocke was walking eastbound on the center median of Memorial Drive, near Lauren Parkway in Stone Mountain. Defendant Benton, an officer with the DeKalb County Police Department, was driving on Memorial Drive when he saw Kinlocke walking op the median. He made a U-turn in order to approach Kinlocke, but by then Kinlocke had crossed Memorial Drive. Benton then turned the car around again and pulled onto the sidewalk near Kinlocke.

Benton approached Kinlocke from behind, repeatedly calling “Sir.”2 Kinlocke neither heard nor responded to Benton. Benton then reached out and grabbed Kin-locke’s arm, at which point Kinlocke asked, “What is the problem?” Benton told Kin-locke to stop walking. In response, Kin-locke emptied his pockets and told Benton that “I [have] nothing on me.” Kinlocke continued walking.

Benton walked in front of Kinlocke, pointed his taser at him, and grabbed Kin-[1374]*1374locke’s left arm. He told Kinlocke that he was stopping him because Kinlocke had been walking on the center median. Benton told Kinlocke that if he did not stop walking, he would be tased.

Kinlocke began walking diagonally onto Memorial Drive. Benton released Kin-locke’s left arm and deployed his taser into that same arm. Benton placed Kinlocke under arrest for crossing at other than a crosswalk — pursuant to O.C.G.A. § 40-6-92 — and for obstructing or hindering law enforcement officers — pursuant to O.C.G.A. § 16-10-24.

Benton removed the taser barbs from Kinlocke’s arm, where Kinlocke was bleeding. He was handcuffed and placed in the rear of Benton’s police car. Emergency medical technicians (“EMTs”) arrived on the scene and assessed that Kinlocke showed symptoms of tachycardia — an elevated heart rate — and hypertension — elevated blood pressure. Kinlocke complained that he was not feeling well and that he wanted to go to a hospital. The EMTs recommended that Kinlocke be taken to a hospital for treatment.

Defendant Fox, also an officer with the DeKalb County Police Department, advised the EMTs that he would transport Kinlocke to Grady Hospital and signed a document refusing an ambulance transport. Instead of taking Kinlocke to the hospital, Fox took him to the DeKalb County Jail.

Kinlocke was given treatment at the jail, but his pulse and heart rate remained elevated. After his release,3 Kinlocke was treated at Oakhurst Medical Center. He had abnormally high blood pressure and showed signs of irregularities on his electrocardiogram. Kinlocke claims he continues to suffer physical and mental health issues as a result of the tasing and the delay in receiving medical care.

On May 11, 2015, the charges against Kinlocke were dismissed. On November 7, 2016, Kinlocke brought this action against Benton, Fox, and DeKalb County. He pleads federal causes of action under 42 U.S.C. §§ 1983 & 1988 for violations of his rights to be secure in his person, to be free from unreasonable searches and seizures, and to be free from excessive use of force. These claims encompass his arrest, the tasing, and the delay or denial of medical care.

Kinlocke also pleads state-law claims of assault and battery, false imprisonment, and false arrest against Benton, and negligence against Fox. He alleges that DeKalb County is liable for all of the claims against Benton and Fox.

In the caption of the complaint, Kinlocke indicates that the claims against Benton and Fox are in both their official and individual capacities. He seeks general, special, and punitive damages against all Defendants, as well as attorneys’ fees.

II. Legal Standard

“After the pleadings are closed — but early enough not to delay trial — a party may move for judgment on the pleadings.” Fed. R. Civ. P. 12(c). Judgment pursuant to Rule 12(c) is appropriate “when there are no material facts in dispute, and judgment may be rendered by considering the substance of the pleadings.” Horsley v. Rivera, 292 F.3d 695, 700 (11th Cir. 2002). “A motion for judgment on the pleadings is subject to the same standard as a Rule 12(b)(6) motion to dismiss.” Roma Outdoor Creations, Inc. v. City of Cumming, 558 F.Supp.2d 1283, 1284 (N.D. Ga. 2008).

When deciding a motion for judgment on the pleadings, the Court accepts factual allegations in the complaint as true and construes all reasonable factual inferences [1375]*1375in the Plaintiffs favor. Douglas Asphalt Co. v. Qore, Inc., 541 F.3d 1269, 1273 (11th Cir. 2008). However, “the court need not accept inferences drawn by plaintiffs if such inferences are unsupported by the facts set out in the complaint. Nor must the court accept legal conclusions cast in the form of factual allegations.” See Kowal v. MCI Commc’ns Corp., 16 F.3d 1271, 1276 (D.C. Cir. 1994); accord Lewis v. Brautigam, 227 F.2d 124, 127 (5th Cir. 1955). To survive a motion for judgment on the pleadings, a complaint must convey factual allegations that amount to “more than labels and conclusions” and “raise a right to relief above the speculative level.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007).

III. Analysis

A. Municipal Liability
1. Liability Under Section 1983

“Section 1983 provides a remedy against ‘any person’ who, under color of state law, deprives another of rights protected by the Constitution.” Collins v. City of Harker Heights, 503 U.S. 115, 120, 112 S.Ct. 1061, 117 L.Ed.2d 261 (1992). The statute “does not in itself create federal rights, but rather provides a vehicle for asserting those rights in situations where a plaintiff ‘was deprived of a federal right by a person acting under color of state law.’ ” Sprauer v. Town of Jupiter, 331 Fed.Appx. 650, 652 (11th Cir. 2009) (quoting Griffin v. City of Opar-Locka, 261 F.3d 1295, 1303 (11th Cir. 2001)).

Municipalities cannot be held liable under section 1983 for the acts of municipal officials unless the plaintiff can show a “municipal ‘policy’ or ‘custom’ that caused the plaintiffs injury.” Bd. of Cty. Comm’rs of Bryan Cty. v. Brown, 520 U.S. 397, 403, 117 S.Ct. 1382, 137 L.Ed.2d 626 (1997) (quoting

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Bluebook (online)
257 F. Supp. 3d 1368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kinlocke-v-benton-gand-2017.