Totman v. Louisville Jefferson County Metro Government

391 F. App'x 454
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 13, 2010
Docket09-5764
StatusUnpublished
Cited by14 cases

This text of 391 F. App'x 454 (Totman v. Louisville Jefferson County Metro Government) 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
Totman v. Louisville Jefferson County Metro Government, 391 F. App'x 454 (6th Cir. 2010).

Opinions

OPINION

RONALD LEE GILMAN, Circuit Judge.

After his arrest on a drug charge, William Totman was brought to a detention facility run by the Louisville Jefferson County Metro Government (Metro). While going through the booking process, Totman created a disturbance and became involved in a physical altercation with several corrections officers. He later brought suit against Metro, Officer Christopher Hornback, and several “Unknown Defendants,” alleging the use of excessive force against him in violation of his constitutional rights. The district court granted summary judgment in favor of the defendants, concluding that Totman had failed to offer any evidence showing that the force used by Officer Hornback was excessive or that any custom or policy of Metro had harmed Totman. For the reasons set forth below, we AFFIRM the judgment of the district court.

[456]*456I. BACKGROUND

A. Record evidence

1. Totman’s deposition testimony

After being arrested for the possession of marijuana on the evening of March 5, 2006, Totman and his girlfriend, Leslie Hughes, were brought to the “passive-booking section” of a Metro detention facility in Louisville, Kentucky. The male and female detainees were separated by a four-foot-high wall. These holding areas were adjacent to the photograph and fingerprinting area, which was behind a counter.

Corrections Officer Stavros Stachoulas called Totman up to have his photograph taken. As Totman passed the women’s section, he told Hughes that he had already called a lawyer. When Totman spoke to Hughes, Officer Stachoulas said: “If you talk to your girlfriend again, I’m going to put you both in the hole[,] and it don’t matter to me.” Totman replied: “Is it my fault you can’t get a date?” After making this comment, Totman turned around and began to walk away. Totman could not remember during his deposition whether his photograph had been taken at that point.

He described what happened next as follows:

I turned around. One [of the officers] grabbed one arm, and one grabbed the other; and they kind of ran with me a little bit and bounced me on the floor on my head. And I’m screaming, begging them to stop. Somebody throws a knee in my back. Somebody is kicking me. I’m not seeing exactly who’s doing what. All I’m doing is on the ground face down feeling everything, and I’m screaming and hollering and begging them to quit. And each one of them are individually going, “Quit resisting.”

Totman did not know the exact number of officers involved, but he said there were at least three or four, including Officers Sta-choulas and Hornback.

When asked how he ended up on the floor, Totman testified at his deposition: “By the two officers taking my arms and pretty much pile-driving me head first into the concrete.” He then related what happened after he was on the floor:

Actually after I was on the ground, I — I can’t really say what anyone other than the — they was [sic] all twisting and ... somebody threw a knee in my back, and somebody was kicking me in the legs. And one — I guess the commander or whoever comes crawling out of the office, and he yanks my head back and Maces me. Then they overextend my arm backwards. They take me to the hole, handcuff me to my feet, roll me in on [t]he bed. My head hits the bed. They’re walking towards me. I’m thinking I’m getting ready to die. And they continue kicking me around a little bit, you know, roughing me up a little bit. Nothing major back there.
But I heard a little voice say, “Be real still.”
And I just kind of acted like I was dead, you know, like knocked out or something because I kind of felt like I was really getting ready to get hurt worse because no one could see what was fixing to happen. I just — No one could see what was going on now, you know, other than the [corrections] officers.

Totman was handcuffed and taken to the single-cell holding area, which he referred to as the “hole.” He recalled Officers Stachoulas and Peterson being the officers who took him to the hole, and he thought that Officer Hornback might have escorted him as well. Officer Stachoulas allegedly told Totman that Stachoulas could come into the hole and “do that” to Totman [457]*457anytime, and that Totman was powerless to do anything about it.

Immediately after Totman was placed in the hole, two nurses came in and put a cleansing solution in his eyes to stop the burning from the spray. Totman said that he was then left handcuffed in the hole for several hours. When the officers came back to the hole, one of them asked him: “Are you going to behave now?” Totman responded: ‘Tes.” The officers then removed Totman’s handcuffs and took him back out to the booking area.

2. Officer Hornback’s deposition testimony

During his deposition, Officer Hornback testified concerning the events of the evening in question as follows:
Q. I want to ask you about — kind of switch gears and ask you about the incident involving William Totman, the reason why we’re here today and what you recall about that incident?
A. What I can remember about the incident with Mr. Totman is that him[,] and I don’t know if it was his wife or his girlfriend, right now I’d have to look at the paperwork to see if they were married or not. At any rate, they were both arrested at the same time and they were a couple. While they were in passive booking I remember them being given several warnings to stop communicating with each other.
Q. Who gave those warnings?
A. I know I did. Officer Stachoul[a]s gave them several warnings and I’m not positive but I think some other officers may have said something too but I know me and Officer Sta-ehoul[a]s gave them multiple, multiple warnings to stop communicating and that that was against the rules and that it is mainly for their safety....
Anyway, this continued on, I don’t know however long they were sitting out in the passive booking area and we just continued to try and process them through and then right as we were starting to have serious problems with Mr. Totman he was getting his picture taken. Officer Stachoul[a]s was taking his picture and Mr. Totman was refusing to face the camera and he kept wanting to try and talk to his girlfriend or wife and Officer Stachoul[a]s kept telling him to stop____
Mr. Totman just refused to follow our instructions. He would not do what we asked him to do....
So as I was standing there at the live scan machine Officer Stachoul[a]s was still having difficulty with Totman following instructions. He finally said, you know this is your last warning, you know, either you follow our instructions or we are going to put you in the single cell and you are going to, you know your process is going to be delayed while we work with people that are going to cooperate.
Mr. Totman just refused. Even after that he refused to listen to Officer Sta-choul[a]s, so Officer Stachoul[a]s said okay that’s, you are going to the — we call it the hole.

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Bluebook (online)
391 F. App'x 454, Counsel Stack Legal Research, https://law.counselstack.com/opinion/totman-v-louisville-jefferson-county-metro-government-ca6-2010.