Pecola Campbell v. Ronnie Bastin

590 F. App'x 523
CourtCourt of Appeals for the Sixth Circuit
DecidedOctober 29, 2014
Docket14-5270
StatusUnpublished
Cited by11 cases

This text of 590 F. App'x 523 (Pecola Campbell v. Ronnie Bastin) 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
Pecola Campbell v. Ronnie Bastin, 590 F. App'x 523 (6th Cir. 2014).

Opinions

OPINION

McKEAGUE, Circuit Judge.

On April 18, 2010, Roland Campbell, a young man with nonverbal autism and severe mental retardation, committed several acts of property destruction and assault[525]*525ed his caretaker. The police were called and an altercation broke out when Campbell, already on the ground, tried to break free of his handcuffs. Officers held onto Campbell’s arms and legs and a caretaker held onto his waist. No takedown occurred, no weapons were used, no punches were thrown. At some point, Campbell fell unconscious and died. We must decide whether the officers used excessive force against Campbell. Because we find the officers’ decision to handcuff and subdue Campbell reasonable under the circumstances, we affirm the district court’s grant of summary judgment to the officers on qualified-immunity grounds.

I.

The parties agree on the events leading up to the altercation. Roland Campbell, who was 21 years old at the time of his death, suffered from nonverbal autism and severe mental retardation. Though he had no expressive language, Campbell could follow one-step directions. In September 2009, Campbell became a full-time resident at Adult Daycare of Lexington, Inc. (“ADC”), a group home in Lexington, Kentucky, for physically and mentally disabled adults. Campbell’s time at ADC was not incident-free. The Complaint refers to “agitation, physical aggression, sexual acting out and stripping”; property damage, including destroying a closet door; and other behaviors, including open urination, nakedness, and defecation within the home. (R. 1-1, PagelD #25-27.) The Complaint also mentions “increased extreme agitation including property damage, self-injurious behavior and aggression toward others in the days leading up to [Campbell’s] death[.]” (R. 1-1, PagelD # 24-25.)

On April 18, 2010, around 1 PM, Campbell woke up from a nap feeling agitated. John Dickey was the only staff member on duty. Two other residents were at home. Campbell stripped naked and ran around uncontrollably, at one point jumping out a window before Dickey escorted him inside. Campbell engaged in extensive property damage, turning over a dresser, TV, and refrigerator, ripping a toilet out of the floor, and destroying his bed and dresser. Unable to control the situation, Dickey called for assistance at around 2:30 PM.

Eric Hatter, ADC’s Crisis Manager, arrived roughly 15 minutes later. He found Campbell naked in his bedroom attempting to break the bed and window blinds. Campbell walked up to Hatter and grabbed him by the shirt. A short time later, Campbell approached Hatter again, grabbing Hatter’s shirt and ripping it. Hatter continued his attempts to calm Campbell and administered an “as-needed” medication for Campbell’s agitation. Instead of calming down, Campbell broke an electrical socket and dug his fingers into the socket, lacerating his fingers. Campbell then jumped on the back of his dresser, shattering a glass ceiling fixture. At about 3:40 PM, Hatter had staff members cah 911.

Officer Derrick Wallace of the Lexington-Fayette Urban County Police was dispatched. He was told the situation involved a person with mental disabilities. When Wallace arrived, he took note of Hatter’s torn and bloody shirt. Hatter told Wallace that he had an out-of-control person who needed to be taken to Eastern State Hospital, a mental facility. Hatter at no time explained that Campbell was nonverbal. Wallace found Campbell digging his fingers into the electrical socket. According to Wallace, “[i]t was obvious that [Campbell] was a danger to himself and possibly others given what I had seen while I was there just from the destruction of the room, and Mr. Hatter’s ... clothing and his demeanor told me that he was [526]*526obviously a danger to others as well.” (R. 128-6, Wallace Dep., PagelD # 1760.) Wallace called for backup.

Officer Matthew Smith arrived minutes later and together, they approached Campbell. Hatter asked whether he should accompany them. The officers indicated that Hatter could be useful. As the men approached, Wallace began calmly speaking to Campbell and Campbell was handcuffed without incident. While they waited for a medical transport unit, Campbell began to “step in place or dance around a little bit” and so the officers had Campbell sit on the floor. (R. 128-6, Wallace Dep., PagelD # 1770.) Campbell did not struggle as the officers placed him in a sitting position. Suddenly, Campbell began “kind of moving around a whole lot,” (R. 128-6, Wallace Dep, PagelD # 1770), and rolled over onto his right side. Campbell then began thrashing and kicking, making grunting sounds as he tried to free himself from the handcuffs. At some point, Campbell rolled himself into a face-down or prone position. Still thrashing and kicking,. Campbell attempted to scoot on his stomach with his legs and arms toward the doorway.

At this point, the situation escalated and a physical altercation began as the officers and Hatter tried to immobilize Campbell with Dickey observing. During the altercation, Wallace was kneeling next to Campbell holding onto Campbell’s arms or shoulders, Smith was squatting beside Campbell holding onto his feet or legs, and Hatter was on his knees hugging Campbell around the lower back or waist with his chest above Campbell’s lower back or waist. No weapons were used and the officers and Hatter did not punch, body-slam, or kick Campbell. Though the Estate disagrees, the record also shows that the officers and Hatter were never directly on top of Campbell.

During the struggle, Campbell somehow pulled the men past the doorway and into the hallway. The struggle continued, and Campbell freed one of his hands from the handcuffs. Then, as Wallace describes it, Campbell “proceeded] to pick himself and everybody up off the ground with the one hand about three or four inchest.]” (R. 128-6, Wallace Dep, PagelD # 1778.) Campbell closed his eyes, took a deep breath, and collapsed, falling unconscious. Campbell was rushed to the hospital and pronounced dead at 4:30 PM. The autopsy report lists the cause of death as “acute cardiorespiratory failure” due to “acute hypoxia dehydration, and physical exhaustion,” “acute sympathomimetic intoxication,” and “autisminduced excited delirium during prone restraint.” (R. 136-2, PagelD # 2044.)

Campbell’s Estate initiated this action against ADC, various employees of ADC, Officer Wallace, Officer Smith, and Chief of Police Ronnie Bastin. The Estate settled with ADC and the ADC employees. Only the § 1983 claims reached the summary-judgment stage: excessive force and state-created danger with respect to Wallace and Smith and failure to supervise with respect to Chief Bastin. The Estate and the police defendants brought cross-motions for summary judgment. The police defendants argued that qualified immunity shielded them and, in the alternative, that no reasonable jury could find a violation of Campbell’s constitutional rights. The district court granted summary judgment in favor of the police defendants. It held that the record did not support a clearly established constitutional violation and thus, the police defendants were entitled to qualified immunity.

The Estate timely appealed.

II.

We conduct de novo review of a district court’s grant of summary judgment on [527]*527qualified-immunity grounds. Simmonds v. Genesee Cnty., 682 F.3d 438, 444 (6th Cir.2012).

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590 F. App'x 523, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pecola-campbell-v-ronnie-bastin-ca6-2014.