Opinion

Rochell v. Cody Ross

Court
District Court, W.D. Arkansas
Filed
Dec 1, 2017
Cited by
0 cases
Authority
More cited than 17.1%

The opinion

IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF ARKANSAS

FAYETTEVILLE DIVISION

JOHNNIE ROCHELL, JR. PLAINTIFF

Vv. CASE No. 5:16-CV-5093

DETECTIVE CODY ROSS DEFENDANT

OPINION AND ORDER

Currently before the Court are Defendant Detective Cody Ross’s Motion for

Reconsideration (Doc. 76) and Brief in Support (Doc. 77). Detective Ross asks that the

Court reconsider its Order of October 25, 2017 (Doc. 69), in which it dismissed with

prejudice Plaintiff Johnnie Rochell, Jr.’s official-capacity claim against former defendant

Springdale, Arkansas, and Mr. Rochell’s claim against Detective Ross for false arrest. The

Court preserved for trial Mr. Rochell’s individual-capacity claims against Detective Ross for

excessive force and for false imprisonment, finding that Detective Ross was not entitled

to qualified immunity on either of those claims.

The Motion for Reconsideration does not mention the Court's decision to preserve

the excessive-force claim for trial, so the Court interprets that omission to mean that

Detective Ross does not request reconsideration of that decision. Instead, the Motion

focuses exclusively on the false imprisonment claim. Detective Ross's first argument in

support of reconsideration is that the undisputed facts in the summary judgment record

showed, at most, that he was merely negligent with respect to Mr. Rochell’s false

imprisonment, and there was no evidence that Detective Ross engaged in the type of

intentional or willful conduct necessary to create a genuine, material dispute of fact as to

whether he committed this tort. Second, Detective Ross argues that because the Court

found that he was entitled to qualified immunity for the false arrest claim, that same

immunity should also shield him from liability for false imprisonment. The Court will

address both of his arguments in turn.

Before launching into the analysis, the Court first observes that a motion for

reconsideration may be made pursuant to either Federal Rule of Civil Procedure 59(e) or

Rule 60(b). “Rule 59(e) motions serve the limited function of correcting manifest errors of

law or fact or to present newly discovered evidence.” Lowry ex rel. Crow v. Watson Chapel

Sch. Dist., 540 F.3d 752, 761 (8th Cir. 2008) (quoting United States v. Metropolitan St.

Louis Sewer Dist., 440 F.3d 930, 933 (8th Cir. 2006) (internal citations and quotations

omitted)). Rule 60(b) provides that a party may be relieved from an order of the Court

under certain enumerated circumstances, including the existence of “mistake,

inadvertence, surprise, or excusable neglect” or “any other reason that justifies relief.” Fed.

R. Civ. P. 60(b)(1) and (6).

In considering Detective Ross's arguments, the Court finds that no manifest errors

or law were made. There remains a genuine, material dispute of fact that he willfully or

intentionally committed the tort of false imprisonment, for the reasons set forth in detail in

the Court's Order on summary judgment. As the Court’s Order made clear, when

Detective Ross arrived at the police station and commenced the booking process for Mr.

Rochell, Detective Ross was presented, for the first time, with a copy of an ACIC report,

the contents of which formed the sole basis for arresting Mr. Rochell for being a felon in

possession. The report contained information about another person entirely, Mr. Johnny

Wayne Russell, Jr., who was clearly identified by name at the top of the form, as well as

by race. And, of critical importance here is the fact that Mr. Russell is Caucasian, and Mr.

Rochell is African-American.

Despite being presented with evidence that Mr. Rochell’s criminal history had

possibly been confused with that of a white man named Johnny Russell, Detective Ross

proceeded to have Mr. Rochell booked and incarcerated in the county jail without

investigating the obvious factual inconsistencies on the face of the first page of the ACIC

report. These circumstances create a genuine, material dispute of fact that Detective Ross

willfully or intentionally failed to conduct further investigation in favor of simply allowing Mr.

Rochell to be incarcerated—for reasons the Court can only speculate about—and despite

the fact that: (1) Mr. Rochell adamantly denied that he was a felon, and (2) Detective Ross

admitted in his deposition that after he arrived at the police station and saw the report, he

suspected that “there may have been some validity to [Mr. Rochell’s denials],” (Doc. 69,

p. 23), but made the decision to disregard his suspicion and send Mr. Rochell to jail.

Detective Ross contends that the facts in the summary judgment record point to his

mere negligence, but the Court disagrees. The Order on summary judgment explained

that an officer cannot rest on a defense that he was “merely negligent” when other

evidence indicates his plain incompetence; and here, the factual record creates a triable

issue of fact that Detective Ross's “skills in analyzing ACIC reports and performing follow-

up database searches [were] substandard and not commensurate with the skills typically

possessed by a reasonable officer.” /d. at 25 n.5.

Detective Ross's second argument is that the qualified immunity he received for

falsely arresting Mr. Rochell should extend to the claim for false imprisonment. The Court

disagrees for the reasons carefully explained in its Order on summary judgment. Detective

Ross was entitled to qualified immunity for false arrest because he reasonably relied on

a police dispatcher’s confirmation that Mr. Rochell was a convicted arsonist. Although the

dispatcher was wrong, and the ACIC report she ran on Mr. Rochell was erroneous, the law

is clear that “[e]ven when a suspect tells the arresting officers that their information is faulty

and that he has not been convicted of a felony, it is ‘objectively reasonable for the officers

to rely on [the suspect's] criminal history as reported and confirmed to them by a police

dispatcher.” /d. at 22. Because Detective Ross reasonably relied on the dispatcher’s

report relayed over the phone at the scene of the arrest, he was entitled to qualified

immunity.

That qualified immunity evaporated, however, at the moment Detective Ross arrived

at the police station and was given a copy of the ACIC report. At that point, he was no

longer entitled to blindly rely on the dispatcher’s representations. He was required to use

his own knowledge and experience as a detective to examine the report and form his own

conclusions. The first entry in the report named a Caucasian male, Johnny Russell, who

was not the same person Detective Ross had arrested. This facial error or inconsistency,

when considered alongside Mr. Rochell’s adamant denial about having a felony record and

Detective Ross’s admitted suspicion that Mr. Rochell was telling the truth, formed a

sufficient basis for the Court to conclude that a reasonable officer in Detective Ross’s

position would have conducted some amount of inquiry and investigation before

imprisoning Mr. Rochell. Moreover, as previously mentioned, Detective Ross’s apparent

lack of knowledge and training on the topic of generating/analyzing ACIC reports revealed

his incompetence in this particular area and further justified the denial of qualified

immunity. See id. at 25.

For all these reasons, the Motion for Reconsideration (Doc. 76) is DENIED.

IT IS SO ORDERED on this | day of December, 20

“

OOKS

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.