Sanders v. City of Hodgenville
Sanders v. City of Hodgenville
Opinion of the Court
Plaintiff Deeann Sanders initiated a late-night encounter with police officers at the scene of her husband's DUI arrest, which was very near her home in Hodgenville, Kentucky. (See Docket No. 1-2) A police car dashcam recorded the incident, and police later released the video to the media. (See id. ) Sanders sued the City of Hodgenville and former Hodgenville Chief of Police Steven Johnson, alleging violations of state law and seeking relief under
I. Background
On March 29, 2014, Sanders's husband Sam Sanders was driving to his residence after watching a basketball game at his father-in-law's house. (D.N. 46, PageID # 487) At the time, Sam Sanders served as the superintendent of the school system of LaRue County, Kentucky, in which Hodgenville is located. Within yards of his residence, Hodgenville Police Officer James Richardson pulled over Sam Sanders on suspicion of driving under the influence. (D.N. 1-2, PageID # 7) The stop occurred on a public roadway. (See D.N. 35-3) A second officer arrived at the scene, and after conducting field-sobriety tests, the officers placed Sam Sanders under arrest. (D.N. 35-6) At some point, the dashboard camera in Richardson's squad car began recording.
Shortly thereafter, Deeann Sanders arrived at the scene. Sanders wore a white housecoat that rested slightly above knee level, a nightgown underneath, and tennis shoes. (D.N. 46, PageID # 495) The arresting officers later described Sanders as "upset ... and condescending" during the encounter. (D.N. 35-6, PageID # 162; see also D.N. 35-5) The dashboard camera in Richardson's car captured the entire interaction with Deeann Sanders. (See D.N. 35-7)
Thereafter, Richardson drove Sam Sanders to the police station for booking procedures. (D.N. 35-6, PageID # 162)
*909Meanwhile, Deeann Sanders went to the home of Terry Cruse, Hodgenville's mayor at the time. (D.N. 35-9, PageID # 175) Cruse, who was asleep, awoke to the sound of "someone beating on [his] back door." (Id. , PageID # 175) When he opened the door, he found Deeann Sanders, who asked him "to personally go down to tell the police officers to let her husband go." (Id. ) Cruse declined. Sanders then arrived at the police station, asked to speak with her husband, and eventually called the LaRue County District Court Judge to inform him of the evening's events. (D.N. 46, PageID # 511, 514) Richardson activated his body camera during the incident. (See D.N. 35-11) The video shows Deeann Sanders repeatedly knocking on the station's door and interrupting the officers during booking. (Id. )
The next day, Madonna Hornback, who then served as Hodgenville's City Clerk, allegedly received several media requests for the dashcam recording that captured Sam Sanders's arrest. (D.N. 35-14, PageID # 214) She referred the media to Hodgenville Chief of Police Steven Johnson and wrongly informed Johnson that the city must comply with the requests in light of Kentucky's Open-Records Act, Ky. Rev. Stat. § 61.870 et seq. (Id. ) Thereafter, Johnson raised the matter with Mayor Cruse, who told Johnson "to comply with the open records laws just as he would with anyone else and to handle it." (D.N. 35-9, PageID # 176) Johnson then invited the media to view the recording and allowed one cameraman to film the video as it played on a television monitor. Media outlets eventually aired the dashcam video on broadcast television.
In fact, Johnson may have violated state law by releasing the video. An exception to the Open-Records Act, § 189A.100(2)(e), provides that video recordings of DUI arrests "shall be used for official purposes only." Any public official or employee who fails to comply with § 189A.100 "shall be guilty of official misconduct in the first degree." Ky. Rev. Stat. § 189A.100(3).
In light of § 189A.100, Sam and Deeann Sanders reported Johnson's actions to the Kentucky State Police. (See D.N. 35-16) The Commonwealth eventually charged Johnson with official misconduct in the first and second degree for his release to the media of the dashcam recording. (See D.N. 35-17) A LaRue County jury acquitted Johnson of all charges. (D.N. 35-14, PageID # 225)
Thereafter, Deeann Sanders brought this action against the City of Hodgenville and Johnson. (D.N. 1-2) Sanders contends that Defendants violated various state laws as well as her constitutional rights by releasing the recording to the media. (See
*910(Id. , PageID # 8) Defendants have moved for summary judgment.
II. Standard
Summary judgment is proper "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 movant "bears the initial responsibility of informing the district court of the basis for its motion[ ] and identifying those portions of [the record] which it believes demonstrate the absence of a genuine issue of material fact." Celotex Corp. v. Catrett ,
If the moving party satisfies this burden, the nonmoving party must point to specific facts in the record demonstrating a genuine issue of fact for trial. Anderson v. Liberty Lobby, Inc. ,
III. Discussion
The sole basis for federal jurisdiction in this matter is Sanders's § 1983 claim. Specifically, Sanders asserts a failure-to-train claim pursuant to § 1983. (D.N. 1-2, PageID # 10) "Inadequate training can serve as the basis for municipal liability under § 1983 where it 'amounts to deliberate indifference to the rights of persons with whom the police come into contact.' " Roell v. Hamilton Cty., Ohio/Hamilton Cty. Bd. of Cty. Comm'rs ,
Sanders's complaint does not mention which specific constitutional provisions are at issue but her response brief asserts that Defendants violated her "Fifth *911Amendment rights to due process of law, and her equal protection of the laws with other citizens similarly situated." (D.N. 44, PageID # 318) "[T]h[e] [Fifth Amendment] constrains the power of the Federal Government to deprive any person 'of life, liberty, or property, without due process of law,' [whereas] the Fourteenth Amendment imposes comparable constraints on the power of the States." United States v. Balsys ,
a. Equal Protection Clause
The Fourteenth Amendment's Equal Protection Clause "safeguards against the disparate treatment of similarly situated individuals as a result of government action that either burdens a fundamental right, targets a suspect class, or has no rational basis." Paterek v. Vill. of Armada, Mich. ,
Sanders's class-of-one claim fails as a matter of law, however. First, Sanders fails to identify any similarly situated individual who was treated differently. To be "similarly situated," the individual must be like Sanders in "all relevant respects." See Nordlinger v. Hahn ,
Wells v. City of Grosse Pointe Farms is instructive on this point. There, Mary Arnone was pulled over by a Gross Pointe police officer for a routine traffic stop.
Sanders has likewise presented no evidence that Defendants would have acted differently when confronting the same factual scenario if Sanders were not involved. Although Sanders posits that the release was bad practice, she has pointed to no instances where Defendants refused media requests for DUI recordings. This alone supports summary judgment on Sanders's class-of-one equal protection claim. See Bertovich v. Vill. of Valley View, Ohio ,
Second, even if Sanders had demonstrated the requisite differential treatment, her class-of-one claim would fail because she has neglected to demonstrate the lack of a rational basis for Defendants' actions. "Where, as here, no suspect class or fundamental right is implicated, governmental action subject to equal protection scrutiny under the rational basis test must be sustained if any conceivable basis rationally supports it." TriHealth, Inc. v. Board of Comm'rs, Hamilton Cty., Ohio ,
Sanders has failed to negate every conceivable basis which might support Defendants' action. As explained above, Defendants contend that Cruse, Hornback, and Johnson proceeded under the assumption that release of the recording was mandated by Kentucky's Open-Records Act. (See, e.g. , D.N. 35-14, PageID # 214-16) The fact that they were mistaken as to the applicable law does not mitigate the rationality of their decision. To be rational, the government action need only be supported by "rational speculation." TriHealth, Inc. ,
Nor has Sanders demonstrated that Defendants' action was motivated by animus or ill will. To succeed on this prong, Sanders "must prove that the challenged government actions were motivated by personal malice unrelated to the defendant's official duties." Klimik ,
Sanders fails to point to any evidence of animus by Defendants outside the context of their official interactions with her. Sanders cites testimony from peer officers that indicate Johnson should have known that it was bad practice to release an arrest recording shortly after the arrest. (See D.N. 44, PageID # 300-01 (citing D.N. 35-14, PageID # 190-91, 202-04) ) She also cites testimony indicating that Johnson should have been aware of the exception to the Open-Records Act for recordings of DUI arrests. (See
For the foregoing reasons, Sanders's § 1983 claim may not proceed as a class-of-one equal protection claim.
b. Due Process Clause
The 14th Amendment's Due Process Clause contains both a procedural and a substantive component. "Procedural *914due process generally requires that the state provide a person with notice and an opportunity to be heard before depriving that person of a property or liberty interest." Warren v. City of Athens, Ohio ,
More generally, substantive due process includes a right to privacy. In fact, the Supreme Court has identified two types of interests protected by the right. "One is the interest in 'independence in making certain kinds of important decisions.' " Lambert v. Hartman ,
At issue here is the second privacy interest-specifically, whether Sanders has demonstrated that Defendants released information of a "sexual, personal, and humiliating nature." Although the recording in question contained embarrassing information, the information contained in the recording is not of a "sexual, personal, and humiliating" nature as that phrase has been interpreted by courts within this circuit. In Bloch , for example, the defendant in his role as sheriff released to the media "highly personal and extremely humiliating details" concerning the rape to which the plaintiff had been subjected.
The recording here is far less personal that the facts divulged in Bloch. Although Sanders contends that the recording captured her in a "state of undress" (D.N. 1-2, PageID # 7), the video depicts Sanders dressed in a white housecoat, which rests slightly above knee level, and a pair of tennis shoes. The parties agree that Sanders wore a nightgown underneath the housecoat, but that piece of clothing is not readily apparent from the video. Sanders's claim that the recording captured her in a "state of undress" is also questionable since Sam Sanders testified that Deeann occasionally wears the housecoat outside to *915let out the dog or retrieve the mail. (D.N. 47, PageID # 598) In short, nothing in the video of Sanders is so humiliating as to constitute a constitutional violation under Bloch.
Jones v. Lacey is also persuasive. At issue in Jones was the defendants' release to the public of a dashcam video that contained the plaintiff's revelation that she was HIV positive.
Also instructive is Cawood v. Haggard. In Cawood , law enforcement investigated allegations that the plaintiff asked his clients to engage in sexual activities in exchange for a reduction in their legal fees.
The recording here contained not only Sanders's interaction with the arresting officers but also evidence of Sam Sanders's criminal act. Moreover, the embarrassing nature of the video is mitigated by the simple fact that Deeann Sanders is not the individual arrested in the video. At most, the recording captures her ill-advised confrontation with the arresting officers. Persuasive authority indicates that such footage does not implicate due process concerns. In Dupont v. City of Biddeford , the defendants released a bodycam video of the plaintiff recorded during a traffic stop. No. 2:11-cv-00209-JAW,
*916and 'property' as used in the Fourteenth Amendment do not in terms single out reputation as a candidate for special protection over and above other interests that may be protected by state law.") ), report and recommendation adopted ,
Ultimately, while Sanders may understandably be embarrassed about her conduct on the night of her husband's arrest, "nothing about [her] ... rude ... behavior in a public place involves matters of a highly personal or sensitive nature to merit constitutional protection." Olivera v. Vizzusi , No. CIV. 2:10-1747 WBS GGH,
For the foregoing reasons, Sanders's § 1983 claim may not proceed as a due process claim. Because Sanders has failed to establish that Defendants violated her constitutional rights, her § 1983 claim fails as a matter of law. See Christy ,
c. Supplemental Jurisdiction
Having disposed of the only basis for subject-matter jurisdiction, the Court declines to exercise supplemental jurisdiction over Sanders's remaining state-law claims. Pursuant to
The discretion to decline supplemental jurisdiction over state-law claims extends to all stages of litigation, including summary judgment. See Booker v. City of Beachwood ,
Here, the Court concludes that remanding Sanders's state-law claims to LaRue County Circuit Court is the appropriate disposition. The parties have conducted extensive discovery in this matter; dismissing the claims outright is not in the interest of judicial economy.
*917IV. Conclusion
For the reasons set forth above, and the Court being otherwise sufficiently advised, it is hereby
ORDERED as follows:
(1) Defendants' motion for summary judgment (D.N. 35) is GRANTED in part. Sanders's § 1983 claim is DISMISSED with prejudice.
(2) Sanders's remaining state-law claims are REMANDED to LaRue County Circuit Court in accordance with
(3) This matter is DISMISSED and STRICKEN from the Court's docket.
Throughout her pleadings, Sanders insinuates that there are material issues of fact regarding whether the media cited the open-records law during their inquiries to the city and whether it was in fact Cruse, Hornback, or Johnson who contacted the media in the first place. (See, e.g. , D.N. 44, PageID # 300-03) Neither question is dispositive to the Court's eventual conclusion, however. First, regardless of whether the media actually cited Kentucky's open records law in their requests, the evidence indicates that the city officials believed, albeit wrongfully, that the law was at issue. Sanders does not challenge Hornback's contention that she told Johnson that the media's requests were covered by the Open-Records Act. Nor does Sanders challenge Mayor Cruse's claim that he told Johnson to comply with the media requests pursuant to the Open-Records Act. Finally, Sanders provides no affirmative proof to show that any of the public officials contacted the media first.
The Court has omitted certain background information that Sanders provided concerning corruption among LaRue County public officials, which is unnecessary to the Court's analysis. (See D.N. 44, PageID # 304-05)
If anything, the cited testimony from Johnson's peer officers indicates that he did not release the recording in bad faith. Although the officers contend that the release was a "bad idea" and generally against best practices (D.N. 35-14, PageID #190-191, 203), none of the officers insinuate that Johnson released the recording maliciously.
In support of her § 1983 failure-to-train claim, Sanders states in her complaint that "Defendant Johnson has admitted under oath that he was unaware of the law prohibiting the wrongful release of police video recordings." (D.N. 1-2, PageID # 10). Ultimately, Sanders cannot have it both ways. She may not in one instance cite this evidence to support her overarching failure-to-train claim while elsewhere insinuating that the release was done in bad faith.
In a footnote in her response brief, Sanders moves to strike Johnson's answer and proffered defenses in this case for his refusal to sit for a deposition. (D.N. 44, PageID # 302) The Court declines to consider a "motion" made in a footnote, particularly one seeking such a remedy.
Reference
- Full Case Name
- Deeann SANDERS v. CITY OF HODGENVILLE, KENTUCKY
- Cited By
- 11 cases
- Status
- Published