Turner v. Mitchell

Filing 41

MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr. on 04/08/2014. (walk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

LARRY TURNER,
Plaintiff,
v.

CivilCaseNo.3:13CV486

KENNY D. MITCHELL,
Defendant.

Memorandum Opinion

This matter comes before the Court on the defendant's Motion for Summary Judgment.

(Dk. No. 18.) The plaintiff, Larry Turner, suffered injuries during his arrest by the defendant,

Officer Kenny Mitchell. Turner now asserts a claim under 42 U.S.C. § 1983, alleging that Officer
Mitchell used excessive force in violation of the Fourth Amendment's prohibition on unreasonable
seizures. Turner also advances a second, state law claim for assault and battery.

The evidence, viewed in the light most favorable to Turner, shows that Officer Mitchell
used excessive force in the arrest, in violation of both federal and state law. The Court thus
DENIES the defendant's summary judgment motion.
I. Facts

On April 3, 2013, Turnerhosted a cookout at his home, where he got drunk. While drunk,
Turner assaulted his son, who reported the incident at the Waverly Police Station.

Officer

Mitchell then drove the son back to Turner's residence to try to resolve the dispute.

After arriving, Officer Mitchell asked Turner to tell him about the fight, as well as to

explain an open fire in the front yard. Turner yelled and cursed at the officer, refused to answer
1One of Turner's friends also punched the son, but played no role beyond that initial tag-team on
the young man.