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Foley v. Rampley

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

September 19, 2019



          Rebecca Grady Jennings, District Judge.

         This matter is before the Court on Defendant Officer Meagan Rampley’s Motion for Summary Judgment (the “Motion”). [DE 37]. Briefing is complete, and the Motion is ripe. For the reasons below, the summary judgment is GRANTED.

         I. BACKGROUND

         On the evening of June 17, 2016, Catherine Hundley and Melissa Webb were at Ms. Hundley’s house when Ms. Webb invited her boyfriend, Brett Foley, over. [DE 37-3 at 110; DE 37-4 at 3:21; DE 43-1 at 116]. All three were drinking, but Mr. Foley “passed out” and began vomiting. [DE 37-3 at 110; DE 43-1 at 115]. He became “unresponsive, ” and Ms. Hundley called 911. Id. at 37-3 at 110.

         When Officer Meagan Rampley arrived, other officers and emergency medical personnel were on scene, and Mr. Foley was laying on a sofa in the living room. [DE 37-4 at 00:43]. Mr. Foley was 6 foot, 7 inches tall and 310 pounds. [DE 37-3 at 110]. Emergency medical personnel informed Officer Rampley that Mr. Foley was being “uncooperative.” [DE 37-3 at 110].

         Officer Rampley went outside to speak with Ms. Hundley. [DE 37-4 at 02:25]. Officer Rampley asked her if she would like Mr. Foley to leave, and Ms. Hundley said, “Oh God, he’s puked all over.” Id. at 3:33.

         Officer Rampley returned inside and asked Ms. Webb for Mr. Foley’s name. Ms. Webb walked away and did not respond to her initial request. Id. at 3:45. Officer Rampley then raised her voice and asked her twice more. Id. at 3:52- 4:15. The situation escalated with yelling and argument. Officer Rampley then grabbed Ms. Webb’s arm, put it behind her back, handcuffed her, and sat her in a chair. Id. at 4:18-4:50. Ms. Webb then provided Mr. Foley’s name to Officer Rampley. Id. at 5:25.

         One of the officers then asked Mr. Foley if he would like to stand up, and Mr. Foley said “no.” An officer asked Mr. Foley if he wanted him to “come over and help him stand up, ” and Mr. Foley said, “I don’t want to.” Id. at 5:29. At this point, officers pulled Mr. Foley from the couch into a standing position, handcuffed his hands behind his back, and arrested him for criminal trespassing. [DE 37-3 at 110; Id. at 5:50]. They handcuffed him using two handcuffs: one handcuff on his left wrist, one on his right, connected together across his lower back. Id. at 7:26.

         Officer Rampley and another officer put Mr. Foley in the backseat of her car. Id. at 9:13. While sitting down in the vehicle, Mr. Foley fell onto his back and slid his handcuffed wrists under him. Id. at 9:30. His hands were then tucked under his knees. Id. The Officers were physically unable to move him to an upright position and Mr. Foley appeared unable to follow the officers’ directions to assist. Id. at 10:00. Officer Rampley commented to the assisting officer, “You know what, why don’t he just ride down there like that?” Id. at 10:05.

         Officer Rampley walked to Ms. Webb, who was outside, escorted by two officers, and still handcuffed. Id. at 11:10. Officer Rampley told her, “You listening to me is your key out of these handcuffs. When an officer asks you nicely what someone’s name is or whatever they have. Answer them . . . The main reason that you’re not going to jail right now is because I got bigger crap to deal with on this beat out here and I don’t have time to bring another officer off the streets . . .” Id. at 11:24-12:08.

         Officer Rampley took the handcuffs off Ms. Webb’s wrists and asked her to leave. Ms. Webb offered to call Mr. Foley’s sister. Id. at 12:45. Officer Rampley declined her offer and said: “He pulled two officers off of a critical situation, ok, because he can’t act like an adult . . . When you get dumb and drunk and you pull officers off a critical situation, you go to jail, ok. We’ve got bigger fish to fry. We’ve got lives to save. And he’s over here fucking it up.” Id. 13:15-13:46.

         Before getting in her vehicle, Officer Rampley told another officer, “He’s going to jail like this, unbuckled, so I’ll drive safely.” Id. at 15:30. On the way to jail, Mr. Foley said “Hello, ” asked where he was going, and why the officer arrested him. Mr. Foley also made several unintelligible utterances. Id. at 17:40, 17:55, 18:45, 19:35, 19:56, 29:35. Officer Rampley turned her body-camera off a few minutes after they arrived at the jail.

         Moments later, Officer Rampley turned her body-camera back on. Mr. Foley was still in her car. Officer Rampley said, “You have to make your way out of here. Good luck with that.” [DE 37-5 at 00:11]. Mr. Foley’s hands were handcuffed behind his legs and he struggled to stand. Id. at 00:23. Officer Rampley said, “You might have to bend over a little to get those arms behind you. I’m sure it hurts.” Id. at 00:25. When Mr. Foley stood up, Officer Rampley walked him to a metal stool and told him to sit. Id. at 1:00. Officer Rampley handcuffed him to the stool. Id. at 1:10. Officer Rampley then turned her body-camera off.

         When she turned her body-camera on again, Mr. Foley was on the ground, still handcuffed to the metal stool. [DE 37-6 at 00:15]. Officer Rampley ordered Mr. Foley to “roll over and stand up.” Id. at 00:35. Mr. Foley was unable to stand. Id. at 1:00. Officer Rampley told him to “back up to the fence and then use it as help.” Id. at 1:05. Mr. ...

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