Cornelius v. City of Mount Washington, Kentucky et al
Filing
61
MEMORANDUM OPINION AND ORDER Signed by Chief Judge Greg N. Stivers on 10/30/2020 granting 40 Motion to Dismiss filed by Trevor Ford. Plaintiff's claims against Defendant Trevor Ford are DISMISSED. cc: Counsel (CDF)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
LOUISVILLE DIVISION
CIVIL ACTION NO. 3:18-CV-00341-GNS-CHL
ROBERT CORNELIUS
PLAINTIFF
v.
CITY OF MOUNT WASHINGTON,
KENTUCKY, et al.
DEFENDANTS
MEMORANDUM OPINION AND ORDER
This matter is before the Court on Defendant’s Motion to Dismiss (DN 40). This matter is
ripe for adjudication. For the reasons stated below, the motion is GRANTED.
I.
BACKGROUND
On June 2, 2017, Plaintiff Robert Cornelius (“Cornelius”) was sitting on the porch of his
residence in Mount Washington, Kentucky.1 (Second Am. Compl. ¶ 15, DN 27). After observing
the lights from emergency vehicles responding to a call on his street, Cornelius allegedly lost
consciousness and apparently had a seizure. (Second Am. Comp. ¶ 15). Cornelius’ girlfriend,
Madelyn Cornman (“Cornman”), yelled for help, and Officers Jessie Bratcher (“Bratcher”), Mike
Stump (“Stump”), and Trevor Ford (“Ford”) of the Mount Washington Police Department came
to assist her. (Second Am. Compl. ¶ 16). Instead of providing medical assistance, Cornelius
alleges that Bratcher, Stump, and Ford assaulted him based on the erroneous belief that Cornelius
was engaged in an altercation with Cornman. (Second Am. Compl. ¶ 16). The officers allegedly
1
While all three versions of the Complaint list the year as 2016, it appears that the relevant events
occurred in 2017.
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accused Cornelius of resisting arrest, and at least one officer used a taser to subdue Cornelius.
(Second Am. Compl. ¶¶ 16-17). According to Cornelius, he recalls being handcuffed in an
ambulance when he regained consciousness. (Second Am. Compl. ¶ 18).
On May 30, 2018, Cornelius filed this lawsuit asserting claims against the City of Mount
Washington and Bratcher, Stump, Sergeant Tim Morris, and Chief Roy Daugherty in their
individual capacities. (Compl. ¶¶ 6-10, DN 1). In particular, Cornelius asserted a claim for
violation of his constitutional rights under 42 U.S.C. § 1983, and state law claims for negligence,
battery, and the tort of outage or intentional infliction of emotional distress (“IIED”).2 (Compl. ¶¶
19-37).
On January 20, 2019, Cornelius moved for leave to file the Second Amended Complaint.
(Pl.’s Mot. Leave 1, DN 15). In the Second Amendment Complaint, Cornelius named Ford as an
additional defendant sued in his individual capacity. (Second Am. Compl. ¶ 9, DN 27). In
addition, Cornelius, asserted an additional Section 1983 claim and an additional state law claim
for abuse of process. (Second Am. Compl. ¶¶ 28-31, 47-51).
Ford has moved to dismiss the claims asserted against him. (Def.’s Mot. Dismiss, DN 40).
Ford contends that Cornelius has failed to state claim under 42 U.S.C. § 1983 and that the state
law claims of negligence, battery, and abuse of process are time-barred. (Def.’s Mem. Supp. Mot.
Dismiss 3-9, DN 40-1). In addition, Ford alleges that the Second Amended Complaint fails to
state an IIED claim. (Def.’s Mem. Supp. Mot. Dismiss 9-11).
2
In the First Amended Complaint, Cornelius corrected minor errors to the Complaint. (Pl.’s Mot.
Leave 1, DN 5).
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II.
JURISDICTION
This Court has subject-matter jurisdiction of this matter based upon federal question
jurisdiction. See 28 U.S.C. § 1331. In addition, the Court has supplemental jurisdiction over
Plaintiff’s state law claims. See 28 U.S.C. § 1367(a).
III.
STANDARD OF REVIEW
A complaint is subject to dismissal if it “fail[s] to state a claim upon which relief can be
granted.” Fed. R. Civ. P. 12(b)(6). When considering a motion to dismiss under Rule 12(b)(6),
the Court must construe the complaint in a light most favorable to the nonmoving party, accepting
“as true all factual allegations and permissible inferences therein.” Gazette v. City of Pontiac, 41
F.3d 1061, 1064 (6th Cir. 1994) (citing Westlake v. Lucas, 537 F.2d 857, 858 (6th Cir. 1976)).
The nonmoving party, however, must plead more than bare legal conclusions. See Lillard v. Shelby
Cty. Bd. of Educ., 76 F.3d 716, 726 (6th Cir. 1996). In order to survive a Rule 12(b)(6) motion,
“[the] complaint must contain (1) ‘enough facts to state a claim to relief that is plausible,’ (2) more
than ‘a formulaic recitation of a cause of action’s elements,’ and (3) allegations that suggest a
‘right to relief above a speculative level.’” Tackett v. M & G Polymers, USA, LLC, 561 F.3d 478,
488 (6th Cir. 2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). The pleading
need not contain detailed factual allegations, but the nonmoving party must allege facts that, when
“accepted as true . . . ‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556
U.S. 662, 663 (2009) (citation omitted).
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IV.
A.
DISCUSSION
Federal Claims
Ford moves to dismiss Cornelius’ Section 1983 claim based on the statute of limitations
and the sufficiency of the allegations in the Second Amended Complaint. (Def.’s Mem. Supp.
Mot. Dismiss 3-8).
1.
Statute of Limitations
Because Congress did not impose a statute of limitations for Section 1983 claims, federal
courts look to the state’s personal injury statute of limitations. See Collard v. Ky. Bd. of Nursing,
896 F.2d 179, 180-81 (6th Cir. 1990). Under Kentucky law, that limitations period is one year.
See id. at 181-82 (discussing the application of KRS 413.140(1).
In contrast, federal law determines when the statute of limitation accrues. See Sharpe v.
Cureton, 319 F.3d 259, 266 (6th Cir. 2003) (internal citation omitted) (citing Wilson v. Garcia,
471 U.S. 261, 267 (1985); Sevier v. Turner, 742 F.2d 262, 272 (6th Cir. 1986)). “The statute of
limitations commences to run when the plaintiff knows or has reason to know of the injury which
is the basis of his action. A plaintiff has reason to know of his injury when he should have
discovered it through the exercise of reasonable diligence.” Roberson v. Tennessee, 399 F.3d 792,
794 (6th Cir. 2005) (quoting Sevier, 742 F.2d at 273). “In applying a discovery accrual rule . . .
discovery of the injury, not discovery of the other elements of the claim, is what starts the clock.”
Rotella v. Wood, 528 U.S. 549, 555 (2000). Thus, “[a] plaintiff’s action accrues when he discovers
that he has been injured, not when he determines that the injury was unlawful.” Amini v. Oberlin
Coll., 259 F.3d 493, 500 (6th Cir. 2001) (quoting Thelen v. Marc’s Big Boy Corp., 64 F.3d 264,
267 (7th Cir. 1995)).
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Cornelius argues that the statute of limitations for his Section 1983 claim against Ford did
not accrue until Cornelius discovered that he had a claim against Ford on August 2, 2018. (Pl.’s
Resp. Def.’s Mot. Dismiss 3-4). Cornelius’s reliance on Drake v. B.F. Goodrich Co., 782 F.2d
638 (6th Cir. 1986), in asserting that the limitations period was tolled until he identified Ford, is
misplaced. In Drake, the Sixth Court discussed the accrual of Kentucky claims—not federal
claims—under Kentucky law. See id. at 641.
As a sister court has explained as to the accrual of a federal claim:
“The law of limitations [in a § 1983 case] focuses on the event that caused [the
plaintiff’s] harm, not on the identity of the perpetrator of the harm.” “Federal
procedural law provides that a plaintiff need not be aware of every detail or person
involved in causing his injury for the limitations period to commence.” “Accrual
simply does not await identification of a particular wrongdoer.”
Bohler v. City of Fairview, No. 3:17-cv-1373, 2018 WL 5786234, at *7 (M.D. Tenn. Nov. 5, 2018)
(alterations in original) (internal citations omitted) (citation omitted); see also Easterly v. Budd,
No. 4:06 CV 00186, 2006 WL 2404143, at *8 (N.D. Ohio Aug. 18, 2006) (“While the Plaintiff
purportedly lacked knowledge as to the entire scope of persons involved in his injuries until April
6, 2004, the Plaintiff concedes that he knew the identity of at least five of the deputies involved in
the use of excessive force at the time of his injuries. Accordingly, any Section 1983 claim arising
from the events of December 28, 2001 is barred by the [] [] statute of limitations.” (internal citation
omitted)). Thus, when Cornelius knew of his injuries and identified some of the officers allegedly
responsible for those injuries, his Section 1983 claim accrued. Accordingly, Cornelius’ Section
1983 claim against Ford is time barred, and the motion will be granted on this claim.
B.
State Law Claims
Ford also seeks dismissal of Cornelius’ state law claims on the grounds of the statute of
limitations and insufficient allegations. (Def.’s Mem. Supp. Mot. Dismiss 8-11).
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1.
Statute of Limitations
Ford contends dismissal of Cornelius’ state law claims of negligence, battery and abuse of
process as untimely due to a one-year statute of limitations under Kentucky law. (Def.’s Mem.
Supp. Mot. Dismiss 8-12). While Cornelius agrees that a one-year statute of limitations applies to
those claims, he argues that the limitations period was tolled under Kentucky law until he knew
Ford’s identity due to the discovery rule. (Pl.’s Resp. Def.’s Mot. Dismiss 4-5).
Summarizing Kentucky law, this Court has explained:
“[T]he discovery rule provides that a cause of action accrues when the injury is, or
should have been, discovered.” “[T]he discovery rule does not operate to toll the
statute of limitations to allow an injured plaintiff to discover the identity of the
wrongdoer unless there is fraudulent concealment or a misrepresentation by the
defendant of his role in causing the plaintiff’s injuries.” “A person who has
knowledge of an injury is put on ‘notice to investigate’ and discover, within the
statutory time constraints, the identity of the tortfeasor.”
Jeffries v. Thermal Fischer Sci., No. 1:07CV-192-JHM, 2009 WL 3807103, at *3 (W.D. Ky.
Nov. 12, 2009) (alteration in original) (internal citations omitted) (citation omitted).
In this instance, Cornelius has neither argued nor identified any way in which Ford’s
identity was concealed or mispresented. Thus, Cornelius’ claims for negligence, battery and abuse
of process against Ford are barred by the one-year statute of limitations, and the motion will be
granted as to these claims.
2.
Sufficiency of Allegations
In his motion, Ford contends that the allegations to support of the IIED are insufficient and
that the IIED claim is precluded by one of the traditional torts that Cornelius has also asserted.
(Def.’s Mem. Supp. Mot. Dismiss 9-11). Cornelius did not address Ford’s arguments.
Under Kentucky law, IIED claims are generally disfavored and not available when a
plaintiff may assert another traditional tort. See Lee v. Hefner, 136 F. App’x 807, 814 (6th Cir.
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2005) (citing Rigazio v. Archdiocese of Louisville, 853 S.W.2d 295, 299 (Ky. App. 1993)). An
exception exists, however, when a defendant’s conduct was “intended only to cause emotional
distress . . . .” Brewer v. Hillard, 15 S.W.3d 1, 7-8 (Ky. App. 1999) (internal quotation marks
omitted); see also Green v. Floyd Cty., 803 F. Supp. 2d 652, 655 (E.D. Ky. 2011) (“The tort of
outrage is still a permissible cause of action, despite the availability of more traditional torts, as
long as the defendants solely intended to cause extreme emotional distress.” (citing Brewer, 15
S.W.3d at 7-8)).
In the Second Amended Complaint, however, Cornelius has not satisfied the requirements
for an IIED claim under Kentucky law. While he has alleged that the conduct was intentional,
resulted in injury, and was severe, he failed to allege that such conduct was solely intended to
cause extreme emotional distress. (Compl. ¶¶ 44-46). The Court will dismiss this claim in Count
VI of the Second Amended Complaint.
V.
CONCLUSION
For the foregoing reasons, IT IS HEREBY ORDERED that Defendant’s Motion to
Dismiss (DN 40) is GRANTED, and Plaintiff’s claims against Defendant Trevor Ford are
DISMISSED.
October 30, 2020
cc:
counsel of record
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