Wolfe v. Routzahn

953 F. Supp. 2d 627, 2013 WL 3233548, 2013 U.S. Dist. LEXIS 89163
CourtDistrict Court, D. Maryland
DecidedJune 20, 2013
DocketCiv. No. 08-3479 PJM
StatusPublished
Cited by8 cases

This text of 953 F. Supp. 2d 627 (Wolfe v. Routzahn) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wolfe v. Routzahn, 953 F. Supp. 2d 627, 2013 WL 3233548, 2013 U.S. Dist. LEXIS 89163 (D. Md. 2013).

Opinion

MEMORANDUM OPINION

PETER J. MESSITTE, District Judge.

Rodney Wolfe sued two Washington County sheriffs, Thomas Routzahn and Joel Footen (collectively, “Defendants”), for using excessive force when they arrested him, in violation of his rights pursuant to the Fourth and Fourteenth Amendments to the United States Constitution.1 After a six-day trial, a jury found that Routzahn applied excessive force, but that Footen did not. It awarded Wolfe no damages.

Pending before the Court are four motions:

• Routzahn’s Motion for Judgment Notwithstanding the Verdict (Paper No. 130);

• Wolfe’s Motion for Judgment Notwithstanding the Verdict (Paper No. 134);

• Defendants’ Petition for Attorney’s Fees (Paper No. 132); and

• Wolfe’s Motion for Attorney’s Fees and Costs (Paper No. 135).

The Court GRANTS IN PART and DENIES IN PART Wolfe’s Motion for Judgment Notwithstanding the Verdict (Paper No. 134), GRANTS Wolfe’s Motion for Attorney’s Fees (Paper No. 135), awarding him $9,413.90 in costs and $100,000 in fees, [631]*631and DENIES the two remaining motions (Paper Nos. 130,134, and 132).

I.

On January 24, 2008, law enforcement officers in Washington County responded to a 911 emergency call reporting a domestic disturbance in Williamsport, Washington County, Maryland. Apparently Wolfe, in violation of a state protective order, was threatening his estranged wife in her home. Officers Routzahn and Footen, among others, responded to the call, encountered Wolfe in his wife’s home, and arrested him. Wolfe alleged that Routzahn and Footen, among other things, kicked him in the groin and struck him in the head with a flashlight during the arrest.

In his Second Amended Complaint, Wolfe asserted five claims: (1) a Fourth Amendment excessive force claim pursuant to 42 U.S.C. § 1983; (2) a claim against Washington County pursuant to 42 U.S.C. § 1983 for its failure to properly investigate excessive force claims and adequately train its officers in the use of excessive force; (3) assault and battery; (4) “intentional/negligent” infliction of emotional distress; and (5) a claim pursuant to Articles 24 and 26 of the Maryland Declaration of Rights. Ultimately, only the first § 1983 claim went to the jury.

Initially, this Court granted summary judgment in favor of Routzahn and Footen on all claims. Wolfe appealed, and the United States Court of Appeals for the Fourth Circuit affirmed with respect to all but the § 1983 claims, holding that “the version of events supported by Wolfe’s testimony and his mother’s affidavit presents a triable issue of material fact.” Wolfe v. Footen, 418 Fed.Appx. 256, 262 (4th Cir.2011).

On remand, the case proceeded to trial, and the jury found as follows: (1) “Defendant Thomas Routzahn applied excessive force against Plaintiff Rodney Wolfe so as to violate Plaintiffs rights under the Fourth Amendment of the United States Constitution”; (2) Footen did not apply “excessive force against Plaintiff Rodney Wolfe so as to violate Plaintiffs rights under the Fourth Amendment of the United States Constitution”; (3) it awarded zero dollars in medical expenses, non-economic damages, and nominal damages; (4) it found that neither Routzahn nor Footen “acted maliciously or in reckless or callous indifference to Plaintiffs constitutional rights”; and (5) it awarded zero dollars in punitive damages.

II.

Both Wolfe and Routzahn have submitted motions for judgment notwithstanding the verdict. A court may enter judgment notwithstanding the jury’s verdict if “a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue.” Fed.R.Civ.P. 50(a). See Fed.R.Civ.P. 50(b) (authorizing the movant to renew the motion for judgment after the jury verdict). The Court views the evidence in the light most favorable to the non-movant, Gregg v. Ham, 678 F.3d 333, 341 (4th Cir.2012), and asks whether there is “substantial evidence in the record to support the jury’s findings.” See Anderson v. Russell, 247 F.3d 125, 129 (4th Cir.2001) (citation omitted).

A.

Routzahn’s Motion for Judgment Notwithstanding the Verdict

Routzahn insists that he used objectively reasonable force under the circumstances. Wolfe, Routzahn says, was belligerent and drunk at the time of his arrest; he was at the scene of the arrest in violation of a protective order; he tried to conceal him[632]*632self from the officers; he actively struggled with the officers during his arrest.

Wolfe disagrees. He argues that, if the jury believed his testimony about the flashlight strikes and kicks to his groin, then it is “law of the case” that Routzahn’s conduct was objectively unreasonable, and he cites the following passage from the Fourth Circuit’s opinion:

Assuming, as we must, that Wolfe’s testimony is accurate, the objective unreasonableness of the officers’ behavior is readily apparent. Any threat presented by the unarmed Wolfe had largely abated by the time he was handcuffed. Even if the officers initially imagined Wolfe’s exclamation, accompanied by a “tug” on his handcuffs, to be potentially dangerous resistance, that did not warrant Officer Footen holding him down and elbowing him while Officer Routzahn choked him with his boot, kicked him twice, stomped on his face, and struck him multiple times with his service flashlight.... Given Wolfe’s evident helplessness, his laughter, use of profanity, and “insinuation” that he might spit, also did not justify the amount of force used against him. The fact that Wolfe explicitly assured the officers that then-blows were unnecessary in light of his preexisting injuries underscores the unreasonableness of their behavior.

Wolfe v. Footen, 418 Fed.Appx. 256, 261-62 (4th Cir.2011) (emphasis added). Wolfe also contends that the evidence before the jury was sufficient for them to conclude that Routzahn did not act in an objectively reasonable manner under the circumstances.

On this point, the Court agrees with Wolfe. Excessive force claims are analyzed pursuant to the Fourth Amendment’s objective reasonableness standard. Graham v. Connor, 490 U.S. 386, 395, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989). The test balances the nature and quality of the intrusion against the government’s interest. Id. at 396, 109 S.Ct. 1865. In engaging in this balancing, the Court pays “careful attention to the facts and circumstances of each particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight.” Id. at 396, 109 S.Ct. 1865.

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953 F. Supp. 2d 627, 2013 WL 3233548, 2013 U.S. Dist. LEXIS 89163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wolfe-v-routzahn-mdd-2013.