United States District Court, W.D. Kentucky, Louisville Division
MEMORANDUM OPINION AND ORDER
Rebecca Grady Jennings, District Judge.
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
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.
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
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.
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.
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.
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.
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
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.”
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.
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.
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. ...