Couden v. Duffey

Decision Date18 February 2004
Docket NumberNo. CIV.A. 03-369-KAJ.,CIV.A. 03-369-KAJ.
Citation305 F.Supp.2d 379
PartiesPamela A. COUDEN; Tiffany A. Couden, Adam R. Couden, a minor, buy his next friend, Pamela A. Couden; Nicholas M. Couden, a minor, by his next friend, Pamela A. Couden; Jordan T. Couden, a minor, by his next friend, Pamela A. Couden; Luke J. Couden, a minor by his next friend, Pamela A. Couden; and Micah J. Couden, a minor by his next friend, Pamela A. Couden, Plaintiffs, v. Scott DUFFEY; James C. Armstrong; Jay Freebery; Liam Sullivan, Two Unknown Named Agents of the Federal Bureau of Investigation; the New Castle County and the New Castle County Department of Police; the City of Wilmington, and the City of Wilmington Department of Police, Defendants.
CourtU.S. District Court — District of Delaware

William D. Fletcher, Jr., Schmittinger & Rodriguez, P.A., Dover, DE, Counsel for Plaintiff.

Rudolph Contreras, Asst. United States Attorney, Wilmington, DE, Counsel for Defendant, Scott Duffy.

Michelle D. Allen, Asst. County Attorney, New Castle County, New Castle, DE, Counsel for Defendants James C. Armstrong and Jay Freebery.

Rosamaria Tassone, City of Wilmington Law Department, Wilmington, DE, Counsel for Defendants Liam Sullivan, New Castle County, New Castle County Department of Police; City of Wilmington, and City of Wilmington Department of Police.

MEMORANDUM OPINION

JORDAN, District Judge.

I. Introduction

This is a civil rights and tort action brought by Pamela A. Couden ("Plaintiff") and six of her children1 against Defendants Scott Duffey ("Special Agent Duffey"), James C. Armstrong ("Officer Armstrong"), Jay Freebery ("Officer Freebery"), Liam Sullivan ("Officer Sullivan"), New Castle County, the New Castle County Department of Police ("NCCPD"), the City of Wilmington, the City of Wilmington Department of Police ("WPD"), two unknown agents of the Federal Bureau of Investigation,2 and the United States of America. Presently before me are three motions to dismiss pursuant to Fed.R.Civ.P. 12(b)(6) (the "Motions"). The first is filed by Special Agent Duffey (D.I.32). The second is filed by Officer Armstrong, Officer Freebery, New Castle County, and the NCCPD (D.I.34).3 The third is filed by the United States of America. (D.I.64.) The motions filed by Special Agent Duffey and by Officers Armstrong and Freebery, New Castle County, and the NCCPD also seek, in the alternative, summary judgment pursuant to Fed.R.Civ.P. 56. (See D.I. 32; D.I. 34). Also before me is Plaintiff's Motion for Relief under Fed.R.Civ.P. 56(f) (D.I. 48; the "56(f) Motion"). Jurisdiction over this case is proper pursuant to 28 U.S.C. §§ 1331 and 1367. For the reasons that follow, the Motions filed by the Defendants4 and the United States are granted and Plaintiffs' 56(f) Motion is denied.

II. Background5

On April 12, 2001 at approximately 8:00 p.m., a Delaware Joint Violent Crime Fugitive Task Force ("Task Force") set up surveillance in the area of 7 Sanford Drive in Newark, Delaware in an effort to apprehend a fugitive wanted by the NCCPD for failure to appear for trial on various charges. (D.I. 32 at 4-5; D.I. 34 at 3.) The Task Force consisted of Special Agent Duffey from the Federal Bureau of Investigation ("FBI"), Officer Sullivan from the WPD, and Officers Armstrong and Freebery, both from the NCCPD. (D.I 32 at 5; D.I. 34 at 3.) Officers Armstrong and Freebery were parked in an unmarked surveillance vehicle alongside 3 Sanford Drive, which is Plaintiff's residence, and Special Agent Duffey and Officer Sullivan were parked in a second unmarked surveillance vehicle in the vicinity of 15 Sanford Drive. (Id.) Because the Officers6 were undercover, none wore any clothing that would identify them as law enforcement officers. (D.I. 32, Ex. 1 at 2; D.I. 46 at ¶ 25.)

Defendants claim that Officers Armstrong and Freebery observed a vehicle pull up to Plaintiff's residence at approximately 8:25 to 8:30 p.m.7 (D.I 32 at 5; D.I. 34 at 3.) The vehicle parked, and a white male, later identified as Adam Couden ("Adam"), got out of the vehicle, proceeded to the rear of Plaintiff's residence, and looked into several windows in the rear of the house. (Id.) Defendants state that Adam continued to peer into the windows while hiding behind objects in the back yard, and then attempted to open the rear sliding glass door, but could not gain entry. (D.I. 32 at 6; D.I. 34 at 3.) According to Defendants, Adam looked around to the left and right as if he was making sure no one could see him, and then quickly entered another rear door. (Id.) Defendants allege that once Adam entered the residence, the vehicle from which he exited pulled into Plaintiff's driveway.8 (Id. at 4.) According to Defendants, this chain of events allegedly led Officers Armstrong and Freebery to conclude that they were witnessing a burglary in progress. (D.I. 32 at 6; D.I. 34, Ex. C.)9

Defendants assert that Officers Armstrong and Freebery attempted to communicate with Special Agent Duffey and Officer Sullivan on the WPD radio, but Special Agent Duffey and Officer Sullivan did not understand that Officers Armstrong and Freebery were calling for back up. (D.I. 32, Ex. 1 at 2; D.I. 34 at 4.) However, due to the excitement in the voices of Officers Armstrong and Freebery, Special Agent Duffey and Officer Sulilivan believed that there was a problem and drove over to where Officers Armstrong and Freebery had originally parked. (Id.) Before Special Agent Duffey or Officer Sullivan arrived, Officer Freebery went to the back of Plaintiff's residence to investigate. (D.I. 32 at 6-7; D.I. 34 at 4.) Officer Armstrong claims that he approached the vehicle that dropped off Adam, whom he suspected to be a burglar, and, with his badge in his extended left hand and with his weapon drawn at his right side, he identified himself as a police officer. (Id.)

Plaintiff explains this last event very differently. Plaintiff alleges that after she parked in her driveway, she noticed Officer Armstrong walking toward them with a gun in his hand. (D.I. 48 at 6.) She claims that he slowly approached the car, pointed the gun at her head, and started pulling on the handle of the door. (Id.) According to Plaintiff, Officer Armstrong did not say anything and did not present any identification. (Id.; D.I. 46 at ¶ 25.)

Terrified of Officer Armstrong, who Plaintiff did not know was a law enforcement officer, Plaintiff put the car into drive and stepped on the gas pedal "as hard as [she] could." (D.I. 48, Ex. C at ¶ 9.) She was headed straight for the garage, so she swerved and went through the side yard, where Officer Freebery was standing. (Id.; D.I. 32 at 7, D.I. 34 at 4.) In an attempt to stop the fleeing vehicle and protect himself, Officer Freebery threw his flashlight at the vehicle and shattered the passenger side window.10 (Id.; D.I. 46 at ¶ 26; D.I. 51, Ex. 1 at ¶ 21.) However, Plaintiff did not stop. She continued through the side yard, went off the curb, and drove to her neighbors' house where she called the police. (D.I. 48 at 7; D.I. 34 at 4; D.I. 32 at 7.) Officers Freebery and Armstrong then went to the back of Plaintiff's residence and, according to Plaintiff, Tiffany Couden ("Tiffany") saw Officer Freebery

standing at the rear sliding-glass door with a gun in his hand. He was trying to open the door. When he saw Tiffany look at him, he quickly lifted his shirt to reveal what she thought must be a badge and demanded that Tiffany let him in. She was scared (and not fully dressed) because she was home alone and he had a gun.... The man never presented a warrant to her, and came in.11

(D.I. 48 at 7.) Plaintiff asserts that Officer Armstrong then came into the house, grabbed Tiffany, told her there was a robber in the house, and held her against her will. (Id.; D.I. 46 at ¶ 26.) Officers Armstrong and Freebery swept the house for the suspect, and, once Officer Armstrong discovered that Adam was in the garage, Adam was pulled into the house and pushed to the floor, a foot or knee was placed in his back, and he was handcuffed at gunpoint.12 (D.I. 46 at ¶ 28.) According to Plaintiff, the Officers also maced or pepper sprayed Adam. (Id.; D.I. 48 at 8.)13

When Tiffany went to see who the burglar was, she discovered that it was her brother Adam, and identified him to the Officers. Plaintiff alleges that the Officers asked for Adam's driver's license, and since he was fourteen and didn't have a driver's license, he offered his school identification, which was rejected. (D.I. 48 at 8.) According to Plaintiff, Tiffany then offered her driver's license and explained to the Officers that the woman in the car was their mom. (Id.) Plaintiff states that the Officers then walked out the front door, leaving Adam handcuffed. (Id.) Plaintiff alleges that after twenty minutes, they came back and un-handcuffed Adam. (Id. at 8.)14 The Defendants assert that Adam was released after the Officers obtained his story, a story which involved Plaintiff dropping him off in a covert fashion so that he could spy on Tiffany and find out whether she was with her boyfriend doing "something bad." (D.I. 32 at 8; D.I. 34 at 4.)

When the Officers left the house, Tiffany and Adam walked out into the street, and Adam eventually found Plaintiff at a neighbor's house. (D.I. 48 at 9.) In response to Plaintiff's telephone call, a uniformed officer of the NCCPD arrived at the neighbor's house and Plaintiff informed the officer what had happened. (Id.) After investigating, the uniformed officer returned to the neighbor's house and informed Plaintiff that the people at her house were undercover law enforcement officers who had been conducting surveillance for a fugitive. (Id.) Shortly thereafter, Officers Armstrong and Freebery and Special Agent Duffey arrived at the neighbors' house and explained to Plaintiff about the surveillance operation set up in her neighborhood. (Id. at 10.) After the Officers questioned Plaintiff and the four children seated in the backseat of the...

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6 cases
  • Couden v. Duffy
    • United States
    • U.S. Court of Appeals — Third Circuit
    • May 1, 2006
    ...all defendants, including, sua sponte, to Sullivan, the City of Wilmington and the Wilmington Police Department. Couden v. Duffey, 305 F.Supp.2d 379, 385, 392-93 (D.Del.2004). The Court also denied plaintiffs' 56(f) motion. Id. at 393. This appeal I. Constitutional Claims Against the Indivi......
  • Couden v. Duffey
    • United States
    • U.S. District Court — District of Delaware
    • December 2, 2011
    ...1, 2006, a divided panel of the United States Court of Appeals for the Third Circuit reversed in part and affirmed in part the February 18, 2004, 305 F.Supp.2d 379 order, and remanded the action for further proceedings.4 The referenced Fourth Amendment claims against Officer Armstrong and A......
  • Couden v. Duffey
    • United States
    • U.S. District Court — District of Delaware
    • February 8, 2008
    ...it is denied as moot. 1. Defendant Duffey's name is mispelled as "Duffy" in the original complaint. 2. D.I. 1 3. Couden v. Duffey, 305 F.Supp.2d 379 (D.Del.2004). 4. Couden v. Duffy, 446 F.3d 483 (3d Cir. 5. Since the completion of briefing on the defense motions, and shortly before publica......
  • Couden v. Duffey
    • United States
    • U.S. District Court — District of Delaware
    • December 5, 2011
    ...force claim under the Fourth Amendment. December 5, 2011 Wilmington, Delaware Thynge, U.S. Magistrate Judge 1. Couden v. Duffey, 305 F. Supp. 2d 379, 380-81 (D. Del. 2004). 2. Id. At 393. 3. Couden v. Duffy, 446 F.3d 483, 501 (3d Cir. 2006). 4. Id. at 496-498, 501. 5.D.I. 306 at 1. 6. This ......
  • Request a trial to view additional results

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