Harper v. Perkins et al

Filing 92

ORDER Overruling 86 Objections to Magistrate Judge's Order. The Order of the Magistrate Judge is neither clearly erroneous nor contrary to law, and shall remain the Order of the Court. Signed by Chief Judge Lisa G. Wood on 1/28/2013. (csr)

IN THE UNITED STATES DISTRICT COURT
FILED
FOR THE SOUTHERN DISTRICT OF GEORGI&S. DISTRICT COURT
BRUVlC DIV.
WAYCROSS DIVISION
iI3 JAN 28 All: 34
JOSEPH HARPER,

C LER :c
SO. [HST. OF tA.

Plaintiff,

CIVIL ACTION NO.: CV5I0-047

V.

CHRIS PERKINS; RODNEY COURSON;
JEREMIAH DAVIS; and MATT GOURLEY,
Defendants
ORDER
This case arises out of the alleged use of excessive force by Defendants against
Plaintiff. Plaintiff alleges that Defendants were called to his home because of his
intoxicated behavior. Plaintiff further alleges that before Defendants arrived he fled into
the woods behind his house. Plaintiff alleges that he set his rifle out of his reach and
then climbed a tree. Plaintiff alleges that all Defendants "concurred through their
speech and conduct that they should use Tasers to bring Plaintiff down from the tree."
(Doc. No. 1, p. 3). Plaintiff further alleges that Defendant Gourley attempt to use a
Taser on him and then Defendant Davis successfully used a Taser on him, which
caused him to fall out of the tree. Plaintiff asserts that Defendants' use of Tasers
constitutes excessive force.
Plaintiff filed a Motion in Limine to exclude from trial any reference to the severity
of the crimes for which the Defendants were called to his home, the domestic dispute
preceding Defendants' arrival, Plaintiff having fired his rifle into the ceiling of his home,

AO 72A
(Rev. 8/82)

-I

and an allegation that Plaintiff intentionally pointed his gun at anyone. Plaintiff argued,
in his Motion, that these facts and allegations are irrelevant, unfairly prejudicial, and
likely to cause the Jury to confuse the issues. By Order dated December 19, 2012, the
Magistrate Judge denied Plaintiffs Motion. Plaintiff filed an Objection to the Magistrate
Judge's Order, and Defendant Gourley filed a Response.
Plaintiff makes no new arguments in his Objection. Plaintiff reiterates his
position that the severity of the crimes for which the Defendants were called to his
home, the domestic dispute preceding Defendants' arrival, Plaintiff having fired his rifle
into the ceiling of his home, and an allegation that Plaintiff intentionally pointed his gun
at anyone are irrelevant facts and allegations because Defendants testified that they
used a Taser on him because he had a rifle in his hand. As the Magistrate Judge
correctly noted, "[t]he question is whether the officer's conduct is objectively reasonable
in light of the facts confronting the officer." Vinyard v. Wilson, 311 F.3d 1340, 1347
(11th Cir. 2002) (citations omitted) (emphasis added). Factors to be considered in
determining the reasonableness of the force used include "the severity of the crime at
issue, whether the suspect poses an immediate threat to the safety of the officers or
others, and whether he is actively resisting or attempting to evade arrest by flight."
Graham v. Connor, 490 U.S. 386, 396 (1989). The Magistrate Judge correctly
determined that, so long as Defendants had knowledge of these matters during their
interaction with Plaintiff, they "are all directly relevant to the reasonableness factors"
and "the highly probative value of these facts is not outweighed by any prejudice to
Plaintiff' nor will the jury "be confused by the admission of these topics." (Doc. No. 84,
p. 3).

AO 72A
(Rev. 8/82)

2

Plaintiffs Objection (Doc. No. 86) to the Magistrate Judge's Order is overruled.
The Order of the Magistrate Judge is neither clearly erroneous nor contrary to law, and
shall remain the Order of the Court.
SO ORDERED, this

day ofivv/\

, 2013.

/
LISA GODBEIWGODTHtEF JUDGE
UNITb STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

AO 72A
(Rev. 8/82)