Date: 06-06-2023

Case Style:

Joseph Anthony Amante v. Deputy Tyler Bachman, et al.

Case Number: 21-cv-10644

Judge: Laurie J. Michelson

Court: United States District Court for the Eastern District of Michigan (Wayne County)

Plaintiff's Attorney:

Defendant's Attorney:

Description: Detroit, Michigan civil rights lawyer represented Plaintiff who sued Defendants unreasonably deprived him of access to the bathroom; two, he was unreasonably strip searched in front of six officers; and three, officers used excessive force against him in the cell or failed to intervene in the use of such force against him.


In July 2020, Joseph Anthony Amante was arrested on the street after an officer found brass knuckles in his pocket. He was put in a patrol car for transport to the Oakland County Jail. Amante told officers that he had to use the bathroom while he was in the patrol car. He told them again upon his arrival to the jail. And he told them several more times while he was being booked and searched. He was informed he would have to wait until after he was strip searched at the jail.

Amante was taken to a single-person cell at the jail because of his “uncooperative” behavior-namely, yelling and swearing at deputies. He was strip searched in front of six officers. During the search, and after he removed all of his clothes, Amante attempted to use the toilet in the cell, but was again told to wait until the strip search was completed. Amante began urinating on the wall, and then urinated on Officer Tyler Bachman's pants or shoes.

At that moment, Bachman took Amante to the ground. Officers Brent Schipani, Joshua Swalwell, and Kevin Bilbia assisted with the takedown and restrained Amante's limbs with their hands once he was on the ground. Officers Steven Carter, Joshua Raczka, and Richard Rackley watched as the takedown unfolded. After officers secured Amante on the ground, they left the cell and Amante was allowed to use the toilet. Around ten minutes passed from the time he arrived at the jail to the time he was allowed to use the toilet.

Amante believes that this encounter violated his Fourth Amendment rights in three main ways: one, he was unreasonably deprived of access to the bathroom; two, he was unreasonably strip searched in front of six officers; and three, officers used excessive force against him in the cell or failed to intervene in the use of such force against him. So he sued Bachman, Raczka, Carter, Schipani, Swalwell, Rackley, Bilbia, their supervisor Michelle Francisco, and Oakland County for violating 42 U.S.C. § 1983 and Michigan tort law.

After engaging in discovery, Defendants moved for summary judgment on all claims. For the following reasons, the Court finds that a portion of Amante's excessive-force claim may proceed to trial. The other claims, including all claims against Raczka, Rackley, Carter, Francisco, and Oakland County, are dismissed.

As Defendants seek summary judgment, the Court accepts as true Amante's version of the events to the extent it diverges from Defendants'. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986).

In late July 2020, Officer Kurtis Harrison was patrolling when he encountered 18-year-old Joseph Amante and Polan Evan walking toward a trailer park around 2:30 a.m. Harrison noted that “Amante appeared to be intoxicated [and was] having problems walking.” (ECF No. 27-3, PageID.305.) Harrison asked where the two were going, to which Amante responded, “where are you going?” (Id.) Eventually, Amante started yelling “leave officer get the hell out of here,” and then, “help me officer, help me I am being assaulted, help me.” (Id. at PageID.306.)

At that point, Harrison approached Amante and Polan and patted them down for weapons. (Id.) He found brass knuckles in Amante's pocket. (Id.) Harrison arrested Amante for carrying a concealed weapon, which is a felony. (Id.) Eventually, Amante was placed in the back of another officer's patrol car. (Video Ex. C, 22:30.) About eight minutes later, video evidence showed Amante telling an officer that he had to use the bathroom, to which the officer responded he could not let him go to the bathroom on the side of the street. (Id. at 30:10-30:18.) The officer said, “if you piss yourself back there, you piss yourself back there. I'll get someone to clean it.” (Id. at 30:25.) While in the patrol car, Amante can be heard yelling and swearing at officers. (See, e.g., id. at 34:44.)

At 3:32 a.m., Amante arrived at the Oakland County Jail. (Video Ex. E.) Officers Tyler Bachman and Kevin Bilbia met him at the jail, and Amante informed them he had to use the bathroom. (ECF No. 27-7, PageID.350-351.) He was told he had to wait until the officers completed the required searches. (ECF No. 27-7, PageID.359; ECF No. 27-2, PageID.218.)

The officers conducted a custody search, where they frisked Amante's person at the booking window. (Video Ex. H.) Amante can be seen moving his legs from side-to-side and squirming, presumably because he had to use the restroom. (Id. at 1:30.) The officers told him to keep his hands on the booking window and had to redirect him to do so one time. (Id. at PageID.340.)

Bachman stated that throughout this time, “Amante was continuing to scream and yell at deputies.” (ECF No. 27-7, PageID.337; id. at PageID.342 (“The entire time he was swearing at deputies, calling us names and being verbally assaultive.”).) But the officers agree that he never made any threats toward them, and no officer stated Amante was physically combative or resisting other than by swearing at officers. (ECF No. 27-7, PageID.330, 342, 368; ECF No. 31-6, PageID.722, 725; ECF No. 31-7, PageID.738.)

After the custody search, Amante was taken to a cell-and not the general “uncuff” area-because he was being “uncooperative.” (See, e.g., ECF No. 27-7, PageID.347.) Because of his felony charge and because individuals cannot have street clothes on in the cell, Amante was strip-searched. (Id. at PageID.348.) Six deputies- Bachman, Bilbia, Joshua Raczka, Brent Schipani, Joshua Swalwell, and Richard Rackley-went into the cell with Amante for the strip search. (Video Ex. L,:09 (sealed[1]).) Four officers surrounded him while two remained closer to the door and bagged Amante's clothes as he removed them. (Id. at:20-:25 (sealed).) The officers stated that they all participated in the search in case Amante's “verbally assaultive” behavior escalated into physical violence. (See, e.g., ECF No. 27-10, PageID.469 (“[If s]omebody [is] being uncooperative and bringing attention to themselves, yelling, screaming,” they might “get the attention of other deputies [who] might come over to that area to basically make sure everything's okay....People do things[,] so sometimes having a few extra people around . . . make[s] it secured and safe.”).

The video shows Amante removing his clothes in the cell. After he does that, he moved toward Bachman. (Video Ex. L,:45 (sealed).) Bachman was standing between Amante and the toilet. (ECF No. 27-7, PageID.352; ECF No. 31, PageID.724; ECF No. 31-7, PageID.726.) Bachman pushed Amante away from him and the toilet. (Video Ex. L,:46 (sealed).)

A few seconds later, things escalated. Though the video footage is not clear, several officers reported that Amante began urinating on the wall. (ECF No. 31-6, PageID.725; ECF No. 31-7, PageID.737.) Amante testified that he had told officers that once he removed his clothes, he would no longer be able to wait to use the restroom. (ECF No. 31-1, PageID.648.) Bachman testified that Amante then said, “Fuck this. I'm just going to piss on you then,” and began to urinate on him. (ECF No. 27-7, PageID.359.) The video evidence shows Amante turning slightly toward Bachman at this moment. (Video Ex. M,:50 (sealed).)

Bachman immediately performed an “inside takedown” of Amante. (Video Ex. L,:51 (sealed); Video Ex. M,:51 (sealed); see ECF No. 27-7, PageID.368 (“I secure my hands on the inmate's head, bring them over to my waist and then take them to the ground.”).) Swalwell, Schipani, and Bilbia assisted with the takedown and restrained Amante on the ground. (ECF No. 27-7, PageID.369; see generally Video Ex. L (sealed).) Swalwell and Schipani secured Amante's arms and Bilbia secured his legs, though no defendant used handcuffs or any other sort of tool to restrain Amante. (ECF No. 31-7, PageID.742.) Raczka, Rackley, and Officer Steven Carter can be seen near the cell watching this unfold. (ECF No. 31-3, PageID.682, 683, 684; Video Ex. L (sealed).)

The video does not show exactly what happened once Amante is on the ground, but officers can be seen dragging him away from the wall and restraining him. (Video Ex. L,:51-2:28 (sealed).) Amante testified that after the takedown, he saw “in my mirror that I had blood and my mask was completely soaked in blood that they made me throw away. Even the secondary mask I had still had traces of blood on it, that's how much I was bleeding.” (ECF No. 31-1, PageID.649.)

Once the officers left, Amante used the toilet in the cell. (Id. at 3:12.) A little more than ten minutes had passed since Amante arrived at the jail. (Video Ex. E (at 3:34 a.m., car with Amante arrives at the jail carport); Ex. L (at 3:44 a.m., the officers leave Amante alone in the cell, where he then uses the toilet(sealed)).)

The next day, following his release, Amante saw an Ascension physician. Amante told the physician that the officers “knocked him down and punched him and kicked him in the head as well as multiple other areas.” (ECF No. 31-10, PageID.774.) The report noted some abrasions (but no lacerations) in the temporal area, eyebrow, and chin. (Id. at PageID.775.) The physician also noted tenderness on Amante's neck. (Id.) The report stated Amante's nasal mucosa did “not show any signs of bleeding or trauma.” (Id.) Three days after that, Amante went to Ascension again. (ECF No. 3111.) The report shows a diagnosis of “postconcussional syndrome.” (Id. at PageID.783.).

Outcome: For the foregoing reasons, Amante's strip-search and bathroom-access claims (collectively, Count II), IIED claim (Count IV), and Monell claim (Count V) are dismissed.

Amante may proceed with his excessive-force (Count I) for the takedown against Bachman, Schipani, Swalwell, and Bilbia. But he may not proceed with his excessive-force claim based on the single kick by an unidentified officer or his failure-to-intervene claim against Raczka, Rackley, Carter, or Francisco. His assault-and-battery claim (Count III) also survives against Bachman, Schipani, Swalwell, and Bilbia only.

As there are no remaining claims against them, Raczka, Rackley, Carter, Francisco, and Oakland County are dismissed from this case.

Plaintiff's Experts:

Defendant's Experts:

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