Michael Kent v. County of Oakland

810 F.3d 384, 2016 U.S. App. LEXIS 60, 2016 WL 66566
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 6, 2016
Docket14-2519
StatusPublished
Cited by116 cases

This text of 810 F.3d 384 (Michael Kent v. County of Oakland) 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
Michael Kent v. County of Oakland, 810 F.3d 384, 2016 U.S. App. LEXIS 60, 2016 WL 66566 (6th Cir. 2016).

Opinions

VAN TATENHOVE, D.J., delivered the opinion of the court in which MOORE, J., joined. SUHRHEINRICH, J. (pp. 398-403), delivered a separate dissenting opinion.

OPINION

GREGORY F. VAN TATENHOVE,' District Judge.

The events underlying this civil rights action alleging excessive force arose when [387]*387Oakland County Sheriffs Deputies Claudio Lopez and Christina Maher responded to the natural, at-home death of Plaintiff Michael Kent’s father. Adamant that his father had not wished for life-sustaining procedures, Kent vehemently objected to emergency medical technicians’ efforts to attach an Automated External Defibrillator to resuscitate his father. When Kent yelled at the deputies and refused to calm down as commanded, he was tased. This action pursuant to 42 U.S.C. § 1983 followed. The district court found that the deputies’ use of the taser was objectively unreasonable and violated clearly established law, and it denied the deputies’ motion for summary judgment on qualified and governmental immunity grounds. We reach the same conclusions and affirm.

I

Michael Kent lives in Commerce Township, Michigan, with his wife and young children. A few days before the incident in question, Kent’s parents Rick and Pamela traveled from out of state for a visit and were staying with the family in Kent’s home. Kent’s father suffered from a number of serious health problems for several years, and he spent the majority of his visit in bed in significant pain. On the morning of September 1, 2013, Kent, who happens to be a physician, found that his father was “unresponsive to any stimulus” but still breathing with a carotid pulse. He knew at that point that his father was dying. Rick Kent had executed a living will, which provided that he did not want his life “artificially prolonged by life-sustaining procedures.” In accordance with his father’s wishes, Kent made his father as comfortable as possible in the guest bedroom. At 7:08 p.m. that evening, Kent determined that his father had passed away: he was no longer breathing and carried no pulse, and his pupils were fixed and dilated. Kent’s wife called the non-emergency dispatch to report the natural death.

Firefighter-EMT Anthony Oryszczak arrived around 7:30 p.m. and was directed to the upstairs bedroom. Oryszczak briefly examined the body and asked whether a hospice nurse was present. Kent informed Oryszczak that he was a physician and that his father had passed away about fifteen minutes earlier. As Deputy Lopez arrived, EMT Oryszczak asked whether Kent had a do-not-resuscitate order or power of attorney paperwork. Kent explained that his father was visiting from out of state, and he “wasn’t sure if [his] mother had brought any paperwork with her.” He told Oryszczak that his mother had power of attorney, and that it was his father’s wish that no “heroic measures” or attempts at resuscitation be taken upon his death. According to Lopez, Kent’s mother was also asked for any do-not-resuscitate documents. She reiterated that she had power of attorney but did not have the paperwork with her, and she left the bedroom to try to contact a family member who could send the documents.

EMT Oryszczak then radioed for his partner to come assist him in “working] [the patient] up.” When Kent asked what this meant, Oryszczak explained that in the absence of proper do-not-resuscitate paperwork, emergency responders’ protocol required them to attach an Automated External Defibrillator1 to “determine if [388]*388there were signs of life” and “do everything” they could for the patient. Kent understood this to mean that the EMTs would take “all measures to resuscitate [Kent’s] father because there was no [do-not-resuscitate order or durable power of attorney].”

The situation escalated at this point. Kent began yelling at the deputies and EMTs, telling them that they “were not going to assault [his] dead father or [he] was going to call the police and have them all thrown in jail.” He questioned whether the EMTs “even knew what a DPOA [durable power of attorney] was” and insisted that his mother, as the medical proxy for his father, could tell them what his father’s wishes were. Deputy Maher arrived around this time and saw that Kent was gesturing with his hands and “flailing” his arms in the air. Deputy Lopez and an EMT recall that Kent called Oryszczak an “asshole” several times, though Kent does not recall this in his witness statement.

At some point, EMT Oryszczak told Deputy Lopez that he “had an obligation to render aid to the deceased,” whom he recalled “did not have obvious signs of death” at that time. Oryszczak asked for the deputies’ assistance and told Lopez he could not perform his duties “because he was in fear of Michael Kent intervening.” The deputies began attempting to deescalate the situation. According to Kent, Deputy Maher “put her hand on her gun and commanded [him] to calm down.” He admits that he refused and told both deputies that “I did not have to calm down, that it was my home and that they were not going to assault my dead father in my home against his wishes.” According to Deputy Maher, Kent also refused to comply with her command to lower his hands, saying, “Don’t you touch me,” although Kent does not recall this in his written statements. Around this time, another EMT on the scene called for back-up officers.

Deputy Lopez recalls that he asked Kent to come downstairs and talk with him. Kent refused, and Lopez says that he then “yelled at Kent that he had to leave the room.” Lopez says Kent told him to “get out of his house,” but Kent does not recall this exchange in his written statements. Lopez then pulled out his taser and told Kent that if he did not calm down,2 Lopez was going to tase him. Kent, who says he was standing with his hands raised in the air and his back to the wall at this point, undisputedly said, “Go ahead and Taze me, then.” Lopez deployed the taser in dart mode. The prongs struck Kent in the stomach and chest, and he fell to the floor. After the five-second taser cycle, Deputy Maher or[389]*389dered Kent to present his hands for handcuffing, and he complied. Kent continued to yell at the deputies, asking whether he was under arrest and what laws he had broken. He claims he got no response for several minutes, until deputies finally told him that he was not under arrest.

Kent remained handcuffed, with the ta-ser probes still attached, during fifteen to twenty minutes of questioning by another non-party deputy. EMTs then removed the probes and dressed Kent’s wounds, after which Maher removed the handcuffs. Meanwhile, EMTs “ran a strip” on Kent’s father (presumably conducting an AED initial assessment of the patient’s carotid pulse). He was pronounced dead around 7:45 p.m. The entire incident therefore lasted around twenty minutes or less.

Kent filed suit in the Eastern District of Michigan against Oakland County and Deputies Lopez and Maher on December 10, 2013. He claimed, under 42 U.S.C. § 1983, that the deputies had violated his Fourth Amendment rights. Specifically, he alleged that Deputy Lopez’s use of the taser amounted to excessive force and that Deputy Maher failed to prevent the use of excessive force. He also brought state law assault and battery claims against the deputies. Before any depositions were taken,3

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Cite This Page — Counsel Stack

Bluebook (online)
810 F.3d 384, 2016 U.S. App. LEXIS 60, 2016 WL 66566, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-kent-v-county-of-oakland-ca6-2016.