United States District Court, W.D. Kentucky, Louisville
TROY K. SCHEFFLER PLAINTIFF
ALEX LEE, ET AL. DEFENDANTS
Charles R. Simpson III, Senior Judge
matter is before the court on defendants Alex Lee and Michael
Carroll's motion for summary judgment. ECF No. 92-1.
Plaintiff Troy Scheffler responded. ECF No. 100. Lee and
Carroll subsequently replied. ECF No. 104. For the reasons
set forth below, the motion for summary judgment will be
case arises from an incident at the Galt House Hotel
involving Scheffler, Louisville Metro Police Officer Alex Lee
(“Officer Lee”), and Louisville EMS technician
Michael Carroll (“EMT Carroll”). On May 16, 2013,
Scheffler traveled to Louisville with his friend, Sean
Burkett. ECF No. 100-2, p. 16. The two shared a room at the
Galt House Hotel, which was registered in Burkett's name.
Id. The day after their arrival, Scheffler-who
suffers from agoraphobia-stayed in the hotel room the
majority of the day. Id. at 17. However, he left the
room later that evening to meet Burkett at Fourth Street
Live. Id. at 18.
Scheffler arrived at the front of Fourth Street Live, he was
unable to locate Burkett. Id. Although the two
exchanged multiple calls and texts, Burkett was unable to
tell Scheffler his exact location. Id. After over an
hour, Scheffler finally found Burkett at the Marquee Bar.
Id. When Scheffler reunited with Burkett, he
realized that his friend was “clearly
intoxicated” and suggested that they return to the Galt
House. Id. On their walk back to the hotel, Burkett
stopped at a food vendor. Id. at 24. Scheffler
waited for a few minutes, but then decided to walk back
arrived back at the Galt House shortly before 1:00 a.m. and
briefly stopped in the lobby to ask which tower his room was
located in. Id. at 28. A security guard told him
that the room was in the opposite tower, and directed him to
cross the “pretty bridge” to get there.
Id. at 29. Scheffler then exited the lobby, crossed
the bridge, and went into the opposite tower. Id.
the opposite tower, Scheffler got on the elevator.
Id. A security guard boarded the elevator behind
him. Id. Scheffler got off the elevator on the tenth
floor, and the security guard did as well. Id. at
30. At that point, Scheffler turned to the security guard and
asked him if he was following him. Id. The security
guard responded that he was not, but had “a grin on his
face.” Id. Scheffler then turned to walk down
the hallway toward his room, and the security guard continued
to walk behind him. Id. Finally, Scheffler told the
security guard that he wanted to speak to his supervisor.
Id. The security guard told him that he could talk
to the hotel manager on duty. Id. Scheffler and the
security guard then proceeded back to the first floor and
across the bridge to the main tower. Id.; ECF No.
they arrived back in the lobby, the security guard told
Scheffler to wait by the concierge desk while he went to get
the hotel manager. ECF No. 100-2, p. 31; ECF No. 100-12,
1:06:37. Officer Lee, who was working off-duty at the Galt
House, was sitting behind the concierge desk. Id.
Officer Lee asked Scheffler what was going on, and Scheffler
responded that it was “not a police matter.” ECF
No. 100-2, p. 34. At some point, Officer Lee asked for
Scheffler's identification, and Scheffler refused to
produce it. Id. at 35.
later, the hotel manager came out and shook Scheffler's
hand. Id. at 35; ECF No. 100-12, 1:08:38. They began
having a conversation, at which point Officer Lee began
interjecting asking for Scheffler's identification. ECF
No. 100-2, p. 35. A back and forth ensued where Officer Lee
would ask for Scheffler's identification and Scheffler
would respond, “For what charge?” Id.
Officer Lee then told Scheffler that he would take him to
jail if he did not produce his identification. Id.
at 36. When Scheffler asked Officer Lee whether he was being
detained, Officer Lee told him that he was. Id.
then pulled out his cell phone and called 911. Id.;
ECF No. 100-12, 1:12:20. He told the dispatcher that he
wanted a sheriff to come to the Galt House because he had
“a police officer accuse [him] . . . of false
accusations” and the officer was “acting like he
was detaining [him].” Id. at 1:13:17-35. While
Scheffler was speaking to the dispatcher, Officer Lee walked
up to him and again stated, “I need your ID,
sir.” Id. The dispatcher explained to
Scheffler that she could not dispatch a sheriff, but that she
could dispatch another police officer to speak with him.
Id.at 1:13:53-59. Scheffler then walked outside to
the front of the hotel. Id. at 1:14:33.
Lee followed Scheffler outside while Scheffler was still on
the phone with the dispatcher and said, “I need your ID
now.” Id. at 1:14:34. Scheffler responded,
“No. For what?” Id. at 1:14:36-37. This
back and forth repeated three more times. Id. at
1:14:38-50. The 911 dispatcher then asked Scheffler if she
could speak with the officer at the scene. Id. at
1:15:00-04. Scheffler told the dispatcher he would like the
conversation to be recorded. Id. at 1:15:17-20.
Lee took the phone and told the dispatcher that he was
“working off-duty at the Galt House, and [Scheffler
did] not believe that [he was] an officer.”
Id. at 1:15:31-34. Scheffler interjected and said,
“No . . . I definitely believe he's acting under
color of law.” Id. at 1:15:35-42. Officer Lee
then asked Scheffler, “Who are you staying with?
That's all I'm asking, ” and Scheffler
responded, “It doesn't matter, I'm standing on
public property.” Id. at 1:15:50-53. Officer
Lee informed Scheffler that he was actually standing on
private property, and Scheffler responded, “Alright,
then I'll walk down here.” Id. at
began walking down the sidewalk away from the Galt House, and
Officer Lee followed behind him. Id. at 1:16:02.
Officer Lee told Scheffler, “You need to cooperate with
me or you're going to jail.” Id. at
1:16:04-07. When Scheffler asked Officer Lee what he would be
charged with, Officer Lee responded, “Alcohol
intoxication.” Id. at 1:16:08-12. Scheffler
questioned him on this and Officer Lee stated,
“That's what we'll call it - alcohol
intoxication. If you do not cooperate, you will be arrested
by me. You will go to jail.” Id. at
Scheffler continued to walk away from Officer Lee down the
sidewalk, Officer Lee grabbed him and pushed him up against a
car parked on the street. ECF No. 100-2, p. 40.
Scheffler's phone fell to the ground and the call
disconnected. Id. Officer Lee then placed Scheffler
under arrest and escorted him to his patrol car. Id.
sitting in the patrol car for several minutes, Scheffler
mumbled, “I'm having a panic attack by the way. I
need 911.” ECF No. 100-12, 1:26:39. When Officer Lee
did not respond, Scheffler calmly stated, “Could I
please have you release me? I said I'm having a panic
attack.” Id. at 1:26:50-53. Officer Lee then
asked him if he needed to go to the hospital and Scheffler
responded, “Yes.” Id. at 1:26:54-57.
later, Officer Lee began driving away from the Galt House.
Id. at 1:26:39-43. Officer Lee again asked Scheffler
if he “need[ed] to be seen by a doctor” and
Scheffler responded, “Yes, please. I feel like I'm
having a heart attack.” 1:27:57-1:28:04. Upon hearing
this, Officer Lee pulled over and radioed for EMS.
Id. at 1:28:07-16. He then informed Scheffler that
EMS was on the way. Id. at 1:28:47.
waited for EMS to arrive, Scheffler continued to plead with
Officer Lee to take him to the hospital. Id. at
1:28:50-54. Officer Lee explained that once Scheffler said he
was having a heart attack, he was required to call EMS.
Id. at 1:28:55-1:29:00. Scheffler told Officer Lee
that he could not feel his arms and that his handcuffs were
fastened too tightly. Id. at 1:29:08-30.
arrived on the scene approximately six minutes after Officer
Lee's call. Id. at 1:34:15. EMT Carroll opened
the door of the squad car to speak with Scheffler.
Id. at 1:36:19-21. Scheffler told EMT Carroll that
he was having a panic attack and could not feel his left arm.
Id. at 1:36:18-30. In response, EMT Carroll told
Scheffler that he was hyperventilating and needed to slow
down his breathing. Id. at 1:36:33-36. After
coaching Scheffler to slow his breathing, EMT Carroll checked
Scheffler's heart rate and told him it “looked
good.” Id. at 1:37:20-23.
Carroll then asked Scheffler, “So what's going on
tonight?” Id. at 1:37:33-35. Scheffler told
him that he was having a panic attack because Officer Lee
arrested him, and that he was agoraphobic. Id. at
1:37:26-33. As EMT Carroll continued to question Scheffler,
Scheffler began yelling, “Let's go! I want to be
under medical supervision!” Id. at 1:38:30-39.
EMT Carroll told Scheffler that he needed to calm down, to
which Scheffler yelled, “I'm having a panic
attack!” Id. at 1:38:39-1:39:07. EMT Carroll
then walked away from the squad car. Id.at 1:39:08.
minutes later, EMT Stephanie Albertson-Caudill (“EMT
Albertson-Caudill”) opened the squad car door to speak
with Scheffler. Id. at 1:41:45-52. She explained to
him that they were preparing to take him to the hospital.
Id. at 1:41:58-1:42:02. He replied, “Just take
me to the hospital. What do you need to know?”
Id. at 1:42:03-06. She told him that they needed to
collect his personal information so that he could be admitted
to the ...