Thacker v. City of Columbus

328 F.3d 244, 2003 WL 1969085
Court of Appeals for the Sixth Circuit·Decided April 30, 2003·No. No. 01-4097·Published·Cited by 190 cases

Opinion

OPINION

COLE, Circuit Judge.

Plaintiffs Jeffrey Thacker and Jessica Gallagher appeal the district court’s grant of summary judgment in favor of defendants, three police officers, Sergeant Ronald Bosley, and Officers Dick Elias and Steven Stack, and a paramedic, Jeffrey Wentworth, all employed by the City of Columbus, Ohio. Plaintiffs brought this civil rights action after defendants came to their home in response to a 911 call reporting an injury to Thacker, and, ultimately, arrested Thacker for a domestic violence offense. Plaintiffs assert that defendants violated their Fourth Amendment rights and state tort law by unlawfully entering their home, handcuffing Gallagher, and arresting and prosecuting Thacker. Because plaintiffs cannot demonstrate that a constitutional violation occurred, and, in any event, because defendants are entitled to qualified immunity for their actions, we AFFIRM the judgment of the district court.

I. BACKGROUND

A. Factual History

On September 5,1998, Jessica Gallagher and her live-in fiance, Jeffrey Thacker, [249]*249went out drinking with friends and were driven home after having a number of alcoholic drinks. Gallagher and Thacker were probably intoxicated when they arrived home and Thacker continued to drink. According to Thacker, once at home, he dropped a beer bottle on the kitchen floor, slipped, and fell on the broken bottle, cutting his wrist. Upon discovering that Thacker had been cut and had blood on his hands, legs, and boxer shorts, Gallagher called 911. The following exchange took place between Gallagher and the 911 dispatcher:

Dispatcher: 911. What is your emergency?
Gallagher: Well, uh, my emergency is, um, somebody here at 2035 ...
D: What’s the emergency?
G: The emergency is he is cut.
D: What?
G: He is cut. And he’s bleeding.
D: Row’d he get cut?
G: Um, I don’t know.
D: Did he get in a fight? Did he cut his own wrists, or what, what’s the story?
G: I think I ... I don’t know, [sounds like crying]
D: Ok. He’s cut.
G: He, my fiance is cut.
D: Where?
G: I don’t know .... Jeff, where you cut? [unintelligible voice in background] His wrist.
D: So, he cut his wrists?
G: No, he didn’t, [tell her (unintelligible)]
D: Is it one wrist, or two?
G: It, it, its [sic] one.
D: One. Ask him how it, how it happened.
G: Jeff, [yes?] Jeff, bow’d your wrist get cut? [well I was ...] Jeff, [yeah] Jeff, how’s your [unintelligible] Jeff. I don’t know. He won’t answer me.

At approximately 4:00 a.m., Columbus paramedics Curtis Kaiser and Jeffrey Wentworth were dispatched to Thacker and Gallagher’s residence to attend to an incident labeled by the dispatcher as an attempted suicide. Officers Dick Elias and Steven Stack of the Columbus Police Department were dispatched to the same location on a Code 10-14, which refers to either a cutting or stabbing. Code 10-14 is a high priority code that indicates that the injured person may be the victim of a crime, and requires that at least two officers respond. The paramedics arrived first, but waited outside for the police officers to arrive and secure the scene.

When Officers Elias and Stack arrived, they knocked on the apartment door. Thacker and Gallagher answered. When the front door was opened, the officers noticed that there was broken glass on the kitchen floor and an indentation in one wall with a liquid stain beneath it. Thacker’s hand was bleeding profusely, and he was bloodied. Visibly intoxicated and immediately belligerent, Thacker used profanity as he spoke to the officers. Without explaining the cause of his injury, Thacker exclaimed that he had called for the paramedics — not the police. Thacker then invited the paramedics, but not the police officers, to “[c]ome on in” to the apartment. At no time did Thacker give Elias and Stack permission to enter the home, although he also did not expressly prohibit the officers from entering either.

After this initial exchange, the officers concluded that Thacker was not a rehable source of information and entered the apartment to investigate a possible crime, assist Thacker and any other injured persons, and determine whether it was safe for the paramedics to enter the apartment. [250]*250Once inside, although the officers still were unsure precisely how Thacker had been injured, they determined that Thacker and Gallagher were the only people present in the apartment, Thacker needed medical attention, and it was safe for the paramedics to enter as long as the officers remained in the apartment.

Officer Elias signaled for the paramedics to enter the apartment, and they entered and began treating Thacker. Officers Elias and Stack remained in the apartment for the safety of the paramedics because this was their general practice, and because Thacker, who was still intoxicated, acted alternately belligerently and cooperatively. Kaiser determined that Thacker needed stitches and offered to transport him to the hospital. Thacker refused.

While Thacker was being treated, Officer Elias noticed that Gallagher had a bruise on her right upper arm and mentioned it. Officer Stack and paramedics Kaiser and Wentworth then noticed the bruising, which was on Gallagher’s legs as well. The paramedics described the bruises as recent or “fresh.”

At first Gallagher told the officers that she received the bruises when she fell out of bed. At the officers’ request, Gallagher showed them her bed, which was only a mattress on the floor. At this point, Gallagher explained that she received the bruises when she tripped over the bed and fell into a dresser. Later that night, Gallagher again changed her explanation for the bruising, telling the officers that some of the bruises were the result of a fall on the front steps to the apartment.

Officer Stack claims that he and Gallagher then spoke outside the apartment, and Gallagher confessed to him that Thacker had struck her a week earlier, causing the bruises. Thereafter, the paramedics questioned Gallagher about the bruises. During this questioning, both Wentworth and Kaiser noted that Gallagher was apprehensive about answering Wentworth’s questions in Thacker’s presence. Accordingly, Wentworth brought Gallagher, willingly, to the paramedics’ van so that he could inspect her bruises. Inside the van, Wentworth questioned Gallagher about the bruises. He claims that, ultimately, she told him that “she deserved it — that she and Mr. Thacker had gotten into an argument, that she made him mad, and that he started hitting and kicking her.” After speaking with Gallagher, Wentworth told Elias that Gallagher had admitted that Thacker had beaten her.

At approximately 4:30 a.m., after receiving this information, Elias contacted his supervisor, Sergeant Bosley, who came to the scene.

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

Thacker v. City of Columbus, 328 F.3d 244, 2003 WL 1969085 (6th Cir. 2003).

328 F.3d 244 (Thacker v. City of Columbus) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Wilson v. Detroit, City of
E.D. Michigan, 2024
Desmond v. Monroe, City of
E.D. Michigan, 2024
Dhillon v. Smithers
W.D. Kentucky, 2023
French v. Hester
E.D. Kentucky, 2022
Barta v. Esper
S.D. Ohio, 2021
David Jones v. Clark Cty., Ky.
959 F.3d 748 (Sixth Circuit, 2020)
United States v. Jermaine Jones
953 F.3d 433 (Sixth Circuit, 2020)
Jenkins v. District of Columbia
District of Columbia Court of Appeals, 2020
Heather Baker v. City of Trenton
936 F.3d 523 (Sixth Circuit, 2019)
Estep v. Combs
366 F. Supp. 3d 863 (E.D. Kentucky, 2018)
State v. Wheeler
2017 Ohio 4013 (Ohio Court of Appeals, 2017)
Gibson v. O'Donnell
254 F. Supp. 3d 913 (E.D. Michigan, 2017)
James Legenzoff v. Michael Steckel
564 F. App'x 136 (Sixth Circuit, 2014)
Tremaine Nelms v. Wellington Way Apartments, LLC
513 F. App'x 541 (Sixth Circuit, 2013)
Susan Stricker v. Twp. Of Cambridge
710 F.3d 350 (Sixth Circuit, 2013)
Jeffrey Sanders v. Detroit Police Department
490 F. App'x 771 (Sixth Circuit, 2012)