Riggins v. City of Indianola

196 F. Supp. 3d 681, 2016 U.S. Dist. LEXIS 96549, 2016 WL 4010812
CourtDistrict Court, N.D. Mississippi
DecidedJuly 25, 2016
DocketNO. 4:14-CV-110-DMB-JMV
StatusPublished
Cited by7 cases

This text of 196 F. Supp. 3d 681 (Riggins v. City of Indianola) is published on Counsel Stack Legal Research, covering District Court, N.D. Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Riggins v. City of Indianola, 196 F. Supp. 3d 681, 2016 U.S. Dist. LEXIS 96549, 2016 WL 4010812 (N.D. Miss. 2016).

Opinion

OPINION AND ORDER

Debra M. Brown, UNITED STATES DISTRICT JUDGE

Denice Riggins filed this § 1983 and state negligence action on behalf of the estate and wrongful death beneficiaries of her deceased son, Damion S. Riggins, seeking to recover damages for Damion’s death, which occurred while he was detained at the City of Indianola Jail. Before the Court is the renewed summary judg[685]*685ment motion of City of Indianola, Mississippi; Mayor Steve Rosenthal; Police Chief Robert O’Bannon; and City Clerk Jane Evans. Doc. #73. Because Denice1 has failed to show that a policymaker exercised deliberate indifference regarding Damion and that Damion suffered a constitutional deprivation, summary judgment will be granted on the § 1983 claim. The state negligence claim, in the interest of judicial economy, will be remanded to state court.

I

Summary Judgment Standard

“Summary judgment is appropriate when there are no genuine issues as to any material facts, and the moving party is entitled to judgment as a matter of law.” Norwegian Bulk Transp. A/S v. Int’l Marine Terminals P’ship, 520 F.3d 409, 411 (5th Cir.2008) (citing Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)). To award summary judgment, “[a] court must be satisfied that no reasonable trier of fact could find for the nonmoving party or, in other words, that the evidence favoring the nonmoving party is insufficient to enable a reasonable jury to return a verdict in her favor.” Norwegian Bulk Transp. A/S, 520 F.3d at 411-12 (internal quotation marks omitted). To this end, “[t]he moving party bears the burden of establishing that there are no genuine issues of material- fact.” Id. at 412.

“If, as here, the nonmoving party bears the burden of proof at trial, the moving party may demonstrate that it is entitled to summary judgment by submitting affidavits or other similar evidence negating the nonmoving party’s claim, or by pointing out to the district court the absence of evidence necessary to support the nonmov-ing party’s case.” Morris v. Covan World Wide Moving, Inc., 144 F.3d 377, 380 (5th Cir.1998) (citation omitted). If the moving party makes the necessary demonstration, “the burden shifts to the nonmoving party to show that summary judgment is inappropriate.” Id. In making this showing, “the nonmoving party must go beyond the pleadings and by her own affidavits, or by the depositions, answers to interrogatories, and admissions on file, designate specific facts showing that there is a genuine issue for trial.” Cotroneo v. Shaw Env’t & Infrastructure, Inc., 639 F.3d 186, 191-92 (5th Cir.2011) (citation and internal punctuation omitted). When considering a motion for summary judgment, the Court “resolve[s] factual controversies in favor of the non-moving party.” Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir.1994).

II

Relevant Facts

A. Arrest

The circumstances surrounding Damion’s tragic end began shortly before midnight on December 16, 2013. Sometime before 11:30 p.m., an unknown individual attempted to burglarize Spencer’s Grocery, which is owned by Robert Kent. Doc. #36-12 at 1-2. Shortly after the attempted burglary, Kent flagged down Officer Mar[686]*686shall Hodge of the City of Indianola Police Department (“Department”). Id. at 5. Kent informed Hodge that Damion, who was walking nearby, matched the description of an individual who had recently attempted to burglarize his grocery store. Id. Hodge located Damion and initiated contact by “advis[ing Damion] to come” and speak with him. Id. As Damion approached Hodge, he purportedly “began pouring out a bag of white powdery substance” and tossed the empty bag and other “contents of his pockets onto the ground.” Id. During their conversation, Damion informed Hodge that “he had cocaine and that he poured it out when he saw [Hodge].” Id. Among the items Damion tossed to the ground, Hodge located “a screwdriver, two lighters, and an empty bag that contained white powder on the edges.” Id.

Roger Triplett, who was standing in the street with Kent when he flagged down Hodge, witnessed the attempted burglary at Spencer’s Grocery. Id. at 3, 5. Triplett “identified [Damion] as the suspect who he just saw pry tin off the side of Spencer’s store using the screw driver he threw on the ground.” Id. at 5. Based on Triplett’s identification, Damion was arrested and charged with the attempted burglary of Spencer’s Grocery.3 Id. at 1, 5.

At some point after Damion’s arrest, his mother, Denice, called the police station and informed an unidentified male that Damion required “special attention.” Doc. #73-5 at 15. It is unclear what time Denice placed this call.

B. Booking and Placement in Cell

Around 12:20 a.m., Hodge arrived at the police station with Damion and was joined by Corporal Ozie Carter to begin the booking process. Doc. #82-14 at 47. Hodge took Damion’s personal property while Carter conducted a search of Damion. Id. At Carter’s request, Damion gave Carter the belt he was wearing. Id. Damion was then told he would be placed in a holding cell to await the completion of the booking process. Id.

At 12:40 a.m., the officers attempted to place Damion in a holding cell. Doc. #47.5 [687]*687Damion placed his hands on the doorframe bars of the cell, preventing the cell door from being closed. Id. Two minutes later, Inspector Jerry Pate, Hodge, and Carter wrestled Damion to the ground in an attempt to clear the doorway. Id. Damion immediately fought to get back up and returned his hands to the bars, again preventing the door from being closed. Id. The officers again wrestled Damion to the floor, and this time placed Damion in handcuffs. Id. (12:48 a.m.-12:44 a.m.). Damion tried one last time to block the cell door from being closed by putting his foot in the doorway, but an officer pushed it out of the way and closed the cell door. Id. Immediately upon the cell door’s closing, Damion began violently kicking the door. Id. (12:44 a.m.-12:46 a.m.). While he was struggling with the officers, Damion “kept saying” “I’m not going back to jail. I’m not going back to jail.” Doc. #82-lat 66.

C. Damion’s Suicide

After Damion was secured in his cell, Carter returned to patrolling duty and Pate went to interview Triplett and Kent as a part of the burglary investigation. Doc. #82-1 at 66-67. Pate instructed Hodge “to keep a check on [Damion and] made note to dispatch to also keep a check on him.”6 Id. at 67.

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Cite This Page — Counsel Stack

Bluebook (online)
196 F. Supp. 3d 681, 2016 U.S. Dist. LEXIS 96549, 2016 WL 4010812, Counsel Stack Legal Research, https://law.counselstack.com/opinion/riggins-v-city-of-indianola-msnd-2016.