DAVID S. DOTY, District Judge.
This matter is before the court upon the motion for summary judgment by defendants Gabriel A. Storz and Samuel J. Norlin, acting in their individual capacities as officers of the Big Lake Police Department. Based on a review of the file, record, and proceedings herein, and for the following reasons, the court grants the motion in part.
This civil rights dispute arises out defendants' arrest of plaintiff Brittany A. Karels. Karels resides in Big Lake, Minnesota with her five-year old son and rents a room in the residence of Robert and Jennifer Owens. Karels Dep. at 7:9-16, 56:12-20. On the evening of March 27, 2015, Karels returned home from work and Karels drank a six-pack of beer. Karels Dep. at 81:1-82:4. At 1:23 a.m., Karels texted Jennifer Owens and asked her to watch her son while she went out to purchase cigarettes. Owens refused because Karels had been drinking. Collins Aff. Ex. D;
Karels took a taxi home and, when she arrived, notified Owens that she had returned. Karels Dep. at 145:4-146:22; Collins Aff. Ex. B at 5. Owens and Karels then began loudly arguing outside the house. J. Owens Dep. at 37:1-18. The argument continued into the kitchen, where Robert Owens tried to get Karels to go to her room.
Defendants Norlin and Storz were dispatched to the scene. When they arrived, Karels and Jennifer Owens were still arguing. Karels Dep. at 152:11-153:4. Jennifer and Robert Owens told defendants that Karels had been drinking, was argumentative, and they wanted her to go to her room and leave them alone. R. Owens Dep. at 33:13-25; J. Owens Dep. at 48:9-13; Dworak Aff. Ex. E at 2. They told the officers that they did not feel threatened by Karels. Dworak Aff. Ex. E at 2.
Storz asked to speak with Karels privately, and they went outside so she could smoke a cigarette. Karels Dep. at 153:21-156:6; Collins Aff. Ex. G at 2. Once outside, Karels began cursing loudly, and Storz told her to lower her voice so she would not disturb the neighbors. Karels Dep. at 157:1-158:8; Collins Aff. Ex. G at 2. Karels eventually calmed down enough so that she could tell Storz her side of the story, after which they went back inside the house. Karels Dep. at 157:1-158:8; Collins Aff. Ex. G at 2.
Once inside, Storz asked Karels for her identification. Karels Dep. at 159:4-23; Collins Aff. Ex. G at 2; Dworak Aff. Ex. E at 2. Karels testified that she is unsure whether she complied with Storz's command the first time, but Jennifer Owens testified, and defendants' incident reports indicate, that Karels had to be asked several times for her identification. Karels Dep. at 159:4-23; J. Owens Dep. at 115:22-117:4; Collins Aff. Ex. G at 2; Dworak Aff. Ex. E at 2. Karels eventually provided her ID to Storz. Karels testified that she calmly gave her ID to Storz. Karels Dep. at 162:16-163:1. Storz testified, however, that Karels approached him aggressively, thrust her ID towards him, and squared off her body with his, which he perceived to be a fighting stance. Storz Dep. at 55:5-14. Storz also testified that when Karels approached him, he put out his right hand and pointed his index finger, which she ran into, and told her either to "back off." Storz Dep. at 56:11-21. Karels claims that Storz poked her in the collarbone three to four times. Karels Dep. at 165:1-24, 172:18-25.
After being allegedly poked by Storz, Karels demanded to speak to defendants' supervising officer, but defendants responded that there was no supervising officer on duty. Karels Dep. at 167:19-168:10; Collins Aff. Ex. G at 2. Karels then went to the garage to smoke another cigarette, and Norlin followed while Storz stayed in the kitchen. Karels Dep. at 179:13-20; J. Owens Dep. at 59:16-60:20; Dworak Aff. Ex. E. at 3.
While in the garage, Karels twice called 9-1-1 to request a sergeant or Sherburne County Deputy. Karels Dep. at 175:24-178:12. According to the call transcripts, Karels told the dispatcher that Big Lake police would not leave her alone and had assaulted her.
During the second 9-1-1 call, dispatch radioed defendants, told them that Karels kept calling and making demands, and asked if they were going to arrest her. Norlin Dep. at 119:17-120:1; Dworak Aff. Ex. I. Storz informed Karels that she was under arrest, grasped her left wrist, and brought it behind her back.
After Norlin extinguished the cigarette, he grasped Karels's right hand and put it behind her back to be handcuffed. Karels Dep. at 199:22-200:3; Dworak Aff. Ex. E at 4. At the same time, Storz moved Karels's hand to the midway point of her back and placed it in handcuffs. Karels Dep. at 209:14-24; Dworak Aff. Ex. E at 4.
The parties dispute what happened next. Defendants argue that Karels stepped forward while moving her right side up and forward and succeeded in escaping from Norlin's grip. Dworak Aff. Ex. E at 4. Karels then stepped forward again and fell forward towards the garage steps, landed on her left side, and hit her head on the door.
While being escorted to the car, Karels complained about her arm numerous times. Norlin Dep. at 37:11-13, 39:22-40:9; J. Owens Dep. at 62:13-63:11; R. Owens Dep. at 42:23-43:12; Dworak Aff. Ex. E at 4. Storz searched Karels and found a small amount of marijuana and a marijuana pipe. Dworak Ex. E. at 4. Karels requested medical attention, and Norlin called an ambulance. Karels Dep. at 229:1-17; Dworak Aff. Ex. E at 5.
Karels told the paramedics that her arm was numb and felt dislocated. Collins Aff. Ex. L at 10-11. The paramedics attempted to examine her, but she refused to be touched and demanded to be taken to the hospital.
At the jail, Karels again complained that her left arm was numb. Collins Aff. Ex. R. She said that she was unable to put her hands on the wall as instructed because of left arm pain.
An x-ray of her arm revealed that she had a spiral fracture of the humerus bone. Dworak Aff. Ex. J at 4. Karels was subsequently transported to St. Cloud hospital for emergency surgery.
On July 14, 2015, Karels pleaded guilty to disorderly conduct, and the remaining charges were dismissed. Collins Aff. Ex. AA. On September 10, 2015, Karels filed a complaint alleging claims under 42 U.S.C. § 1983 for (1) excessive use of force in violation of the Fourth Amendment and (2) deliberate indifference in denial of medical care in violation of the Fourth and Fourteenth Amendments.
"The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a);
On a motion for summary judgment, the court views all evidence and inferences in a light most favorable to the nonmoving party.
Karels alleges that Storz violated her Fourth Amendment rights by using excessive force, namely, by slamming her to the ground during the arrest. The Fourth Amendment protects against the use of excessive force in the apprehension or detention of a person.
When evaluating the reasonableness of an officer's use of force, the court considers "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."
Here, viewing all facts in the light most favorable to Karels, a reasonable jury could find that Storz's use of force was unreasonable. First, defendants responded to, and arrested Karels, for non-violent misdemeanor offenses. Second, although Storz testified that Karels acted aggressively, the Owenses did not feel physically threatened by Karels.
Storz argues that even if there was a constitutional violation, he is immune from suit under the doctrine of qualified immunity. "The doctrine of qualified immunity protects [law enforcement] officers from personal liability under § 1983 insofar as their conduct does not violate clearly established . . . constitutional rights of which a reasonable person would have known."
To determine whether the officers are entitled to qualified immunity, the court first considers whether the alleged facts demonstrate that their conduct violated a constitutional right and, if so, whether the right claimed was clearly established at the time of the alleged injury.
"The right to be free from excessive force in the context of an arrest is clearly established under the Fourth Amendment."
Storz argues that he is entitled to qualified immunity because Karels was resisting arrest and it is not clearly established that the use of force on a resisting suspect violates the Fourth Amendment. But, as discussed above, there is a genuine issue as to whether and to what degree Karels was resisting arrest, and, if Karels did resist, whether Storz's use of force was reasonable.
Karels claims that defendants violated her Fourteenth Amendment right to due process by showing deliberate indifference to her need for medical care.
A pre-trial detainee's claim of inadequate medical care arises under the Due Process Clause of the Fourteenth Amendment, but courts apply the deliberate-indifference standard of the Eighth Amendment.
It is undisputed that Karels's broken arm constitutes an objectively serious medical injury. Defendants argue, however, that they were not deliberately indifferent to her medical needs. The court agrees.
Viewing the events in question from the perspective of defendants, they were unaware of the extent of Karels's injury. Defendants knew that Karels had fallen on her left arm and that she was complaining of pain, but her unwillingness to allow the paramedics to examine her precluded them from learning more. Further, Karels cannot show that defendants were more than grossly negligent. Defendants did not ignore Karels's complaints of pain and requests for medical attention; rather, Norlin promptly, and appropriately, called an ambulance as Karels requested. Had Karels cooperated with the paramedics, she would have received immediate treatment for her broken arm. The delay in Karels's medical treatment was due to her own actions, not the actions of defendants. As a result, Karels cannot meet the high standard of showing defendants were deliberately indifferent to her medical needs, and summary judgment on this claim is warranted.
Accordingly, based on the above,