Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Scheffler v. Lee

United States District Court, W.D. Kentucky, Louisville

December 14, 2017

TROY K. SCHEFFLER PLAINTIFF
v.
ALEX LEE, ET AL. DEFENDANTS

          MEMORANDUM OPINION

          Charles R. Simpson III, Senior Judge

         I. Introduction

         This 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 granted.

         II. Factual Background

         This 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.

         When 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 alone. Id.

         Scheffler 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.

         Once in 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. 100-12, 1:05:35.

         When 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.

         Moments 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.

         Scheffler 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.

         Officer 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.

         Officer 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 1:15:58-1:16:01.

         Scheffler 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 1:16:13-22.

         As 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.

         After 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.

         Moments 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.

         As they 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.

         EMS 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.

         EMT 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.

         A few 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.