Garczynski v. Bradshaw

• Decision Date: 07 July 2009
• Docket Number: No. 08-16100.,08-16100.
• Citation: 573 F.3d 1158
• Parties: John GARCZYNSKI, the Estate of, Plaintiff-Appellant, v. Sheriff Ric L. BRADSHAW, (PBSO) Officially, Deputy Rod Withrow, (PBSO) Individually, Deputy Dana MacLeod, (PBSO) Individually, Deputy Shawn Goddard, (PBSO) Individually, Officer Robert Adams, (BRPD), et al., Defendants-Appellees.
• Court: U.S. Court of Appeals — Eleventh Circuit

573 F.3d 1158

John GARCZYNSKI, the Estate of, Plaintiff-Appellant, v. Sheriff Ric L. BRADSHAW, (PBSO) Officially, Deputy Rod Withrow, (PBSO) Individually, Deputy Dana MacLeod, (PBSO) Individually, Deputy Shawn Goddard, (PBSO) Individually, Officer Robert Adams, (BRPD), et al., Defendants-Appellees.

No. 08-16100.

United States Court of Appeals, Eleventh Circuit.

July 7, 2009.

Max Rudmann, Boca Raton, FL, for Plaintiff-Appellant.

Fred H. Gelston, Fred H. Gelston, P.A., West Palm Beach, FL, Summer Marie Barranco, Purdy, Jolly, Giuffreda & Barranco, P.A., Ft. Lauderdale, FL, for Defendants-Appellees.

Appeal from the United States District Court for the Southern District of Florida.

Before DUBINA, Chief Judge, and BIRCH and WILSON, Circuit Judges.

PER CURIAM:

This case involves the use of deadly force by police officers responding to a 911 call of a suicidal, armed man named John Garczynski ("Garczynski"). The Estate of Garczynski ("the Estate") sued Sheriff Ric Bradshaw of the Palm Beach County Sheriff's Office ("PBSO") in his official capacity and several police officers in their individual capacities for violations of Garczynski's Fourth and Fourteenth Amendment rights under 42 U.S.C. § 1983 (Counts I-VII), assault and battery, (Count VIII), and negligence (Count IX).¹ The district court granted summary judgment in favor of the police officers and dismissed the state law claims (Counts VIII-IX) without prejudice. After careful review of the entire record, including oral argument, we AFFIRM.

I. BACKGROUND

The night of 9 March 2005 was cold, rainy, and windy. About 9:40 P.M., Deputy Jonathan Wildove of the PBSO received notice of a suicidal subject. Deputy Wildove drove to the residence of the subject's estranged wife, Leigh Garczynski ("Leigh"). Leigh showed Deputy Wildove several documents Garczynski had given her that night. Among the papers were Garczynski's last will and testament, an obituary listing Garczynski's date of death as 9 March 2005, a journal containing numerous references to Garczynski's intent to kill himself on that same date, a letter to Leigh expressing his love for her, and a recent e-mail in which Garczynski advised Leigh that the divorce papers were ready and in which he apologized for "everything in the past, present, and future." R2-84, Exh. 54 at 10-11.

Garczynski had handed Leigh the documents in a large envelope earlier that evening after a bowling league outing, instructing her not to open it "until something happens." R2-84, Exh. 53 at 32 ("Leigh Deposition"). He had then driven off in his Ford Explorer sport utility vehicle. Despite having separated several months earlier, Leigh and Garczynski remained friendly and regularly bowled together. That night, however, Leigh had returned Garczynski's wedding band to him at his request. She had expected the packet to contain divorce papers and opened the envelope immediately. Concerned by its contents, Leigh called Garczynski on his cell phone. Both began crying. Garczynski refused to disclose his whereabouts or meet with Leigh. He said he had a gun and planned to kill himself. Leigh believed Garczynski was serious. Leigh also initially feared for her own safety based on a statement in Garczynski's will contemplating what should happen if she died before her husband did. Upon returning to her parents' house where she was living, Leigh called 911 for help with suicide prevention.

Sergeant Robert Sandt and Deputy Dana MacLeod of the PBSO also responded to the dispatch call and met with Deputy Wildove at Leigh's residence. Leigh told the officers that Garczynski had never been violent and had served in the Navy doing administrative work. After reviewing the documents that Garczynski had provided to Leigh, Sergeant Sandt concluded that Garczynski intended to kill himself. Since his location was unknown and he was armed, the officers' first priority was to find him. Sergeant Sandt sent police to Garczynski's residence in West Palm Beach and Deputy Wildove notified Garczynski's best friend. As a safety precaution, Deputy Shawn Goddard of the PBSO and another officer patrolled Leigh's neighborhood.

Sometime after Deputy Wildove's arrival, Garczynski called Leigh on her cell phone. Leigh moved to the front porch where she remained on the phone with Garczynski for several hours. Sergeant Sandt instructed Deputy Wildove to monitor the conversation and ferret out Garczynski's whereabouts. Sergeant Sandt also made clear that Garczynski should not know the police were involved. At that point, Leigh's phone conversation was the officers' sole avenue for locating Garczynski and Sergeant Sandt did not want to risk losing contact with him. For the same reason, Sergeant Sandt planned to call in a crisis intervention specialist after Garczynski had been found and the scene was secure.

In the beginning of the conversation, Garczynski told Leigh he had a constant stomachache and was upset about their relationship. They eventually moved on to discussions about bowling, cooking, Garczynski's two children from a previous marriage, and "working on getting back together." Leigh Deposition at 95. The tone of the conversation became calm. Although Deputy Wildove was aware of the conversation's topics and tone, he did not convey this information to Sergeant Sandt, who was coordinating the search effort from inside Leigh's house. Deputy Wildove considered these factors secondary to ascertaining Garczynski's location. Nor did Sergeant Sandt expect Deputy Wildove to relate to him the topics or tone of the conversation. Based on his fourteen years of experience in handling hundreds of suicide attempts, Sergeant Sandt believed that communication of every demeanor or mood change was impractical.

Leigh asked Garczynski several times where he was but Garczynski at first refused to say. She guessed he was somewhere outside judging from the background sounds of wind and rain. Towards the middle of the conversation, Garczynski said he was at the beach and that she would know which one. Leigh assumed that he was referring to the beach near Spanish River Boulevard where they had spent their second date.

Meanwhile, the cell phone company had been attempting to triangulate Garczynski's position. Using that information, Deputy Goddard searched the Spanish River Boulevard for Garczynski. Deputy Rob-Roy Withrow of the PBSO, who was familiar with the area, voluntarily assisted in the search. At one point, they spotted a man talking on a cell phone while walking along the boulevard. They did not approach him, however. Shortly thereafter, Deputy Withrow discovered Garczynski's vehicle parked in a lot at the Boca House apartment complex on Spanish River Boulevard. The vehicle had been backed into a hedge with the front facing the parking lot. The lot's single lamp provided little illumination. The poor weather conditions also made it difficult to see inside the car. The windows were fogged and tinted in back and on the side. Although Deputy Withrow came very close to the vehicle, he was unable to tell if anyone was inside.

Sergeant Sandt implemented several precautionary measures to contain the environment and provide optimal safety for everyone involved. The Boca Raton Police Department set up a perimeter around the area; fire department paramedics staged at a nearby drugstore; officers deployed stop sticks, designed to deflate a car's tires, at the parking lot's single exit; and a ballistic shield was ordered. The Broward Sheriff's Office and the PBSO attempted to provide helicopters but the wind and rain prevented take-off. Officer Robert Adams from the Boca Raton Police Department also arrived with his dog to assist in the search for Garczynski.

By 1:00 A.M., five officers were at the Boca House parking lot where Garczynski's car was located: Lieutenant Jay Hart from the PBSO, Deputy Withrow, Deputy Goddard, Deputy MacLeod, and Officer Adams. Sergeant Sandt, who was still at Leigh's house, had relinquished tactical command to Lieutenant Hart upon his arrival at Boca House but the two conferred as to the best course of action. Sergeant Sandt suggested that four officers make a "dynamic approach" using a ballistic shield to determine whether Garczynski was in his car. R2-84, Exh. 13 at 32-33 ("Hart Deposition"). In Sergeant Sandt's experience, this strategy effectively alleviates violence by overwhelming the situation before an individual can calculate a counter plan.

While this approach was being formulated, Deputy Wildove told Leigh to talk Garczynski into returning to his car. Consequently, Leigh suggested to Garczynski that he warm himself up by getting in his car. Based on information from Deputy Wildove, Sergeant Sandt informed the officers at the Boca House at 1:08 A.M. that Garczynski was walking to his car. Leigh heard the sound over the phone of the seatbelt reminder after Garczynski entered his car. At 1:09 A.M., Deputy MacLeod saw the dome light turn on and reported that Garczynski was in the vehicle. Deputy Wildove then directed Leigh to have Garczynski start the engine.² None of the officers at Boca House knew that Garczynski had been instructed to go to his vehicle or start the engine.

After Garczynski's vehicle started, Lieutenant Hart advised the officers at 1:10 A.M., "Do not let him leave, guys." Hart Deposition at 42. Lieutenant Hart knew stop sticks had been deployed but believed Garczynski could have avoided them by driving around the exit. Even if Garczynski's tires had been deflated by the stop sticks, his car was still capable of being driven for some distance. In any event, Lieutenant Hart did not want to risk a "running gun battle" with an armed man who was potentially suicidal. Hart Deposition at 31.

Over the phone, Leigh thought she heard a voice shout, "Police!" Leigh Deposition at 69. Garczynski said in a surprised voice, "Oh you called the — You called the cops on me?" Id. at 68-69. Leigh also heard John say, "No, never." Id. at...