Anglin v. City of Aspen, Colo., Civil Action No. 06-cv-01592-EWN-KLM.
| Decision Date | 29 February 2008 |
| Docket Number | Civil Action No. 06-cv-01592-EWN-KLM. |
| Citation | 552 F.Supp.2d 1205 |
| Parties | Bronwyn ANGLIN, Plaintiff, v. CITY OF ASPEN, COLORADO, a municipality, Loren Ryerson, Chief of Police, in his official and individual capacity, Aspen Police Officer Melinda Calvano, in her official and individual capacity, Aspen Police Officer Dan Davis, in his official and individual capacity, Pitkin County Commissioners, in their official and individual capacities, Pitkin County Sheriff Robert Braudis, in his official and individual capacity, Pitkin County Deputy Sheriff Walt Geister, in his official and individual capacity, Doctor Chris Martinez, Defendants. |
| Court | U.S. District Court — District of Colorado |
David Arthur Lane, Elisabeth Hunt White, Killmer, Lane & Newman, LLP, Denver, CO, for Plaintiff.
Andrew Joseph Fisher, Marni L. Nathan Kloster, Nathan, Bremer, Dumm & Myers, PC, Eric Michael Ziporin, Senter Goldfarb & Rice, LLC, Denver, CO, Melanie Bailey Lewis, Josh Adam Marks, Berg Hill Greenleaf & Ruscitti, LLP, Boulder, CO, for Defendants.
This is a civil rights case in which Plaintiff Bronwyn Anglin alleges Defendants violated her rights to due process and free speech, as well as her right to be free from unreasonable seizure, by forcibly injecting her with antipsychotic medication while in custody at the Pitkin County Jail. This matter is before the court on "Defendants Pitkin County Commissioners, Robert Braudis, and Walt Geister's Brief in Support of Motion for Summary Judgment," filed April 11, 2007. Two other summary judgment motions are currently pending before the court in this case. The instant motion is brought solely by the Defendants associated with Pitkin County, which include Pitkin County Commissioners, Pitkin County Sheriff Robert Braudis, and Pitkin County Deputy Sheriff Walt Geister (hereinafter collectively "County Defendants"). Jurisdiction is premised upon the existence of a federal question pursuant to 28 U.S.C. §§ 1331 and 1343.
On the evening of December 11, 2004, Plaintiff and her four-year-old daughter attended a dinner party at the apartment of her friend, Amber Nespeca. (Defs. Pitkin County Comm'rs, Robert Braudis, and Walt Geister's Br. in Supp. of Mot. for Summ. J. [hereinafter " "] Kevin Dunkleburg, Ms. Nespeca's boyfriend, also attended the party. (Id.) Over the course of the evening, Plaintiff consumed four to five glasses of wine. (Id., SOF ¶ 2; admitted at Pl.'s Resp., RSOF ¶ 2.) During the party, Ms. Nespeca and Mr. Dunkleburg became embroiled in an argument, and Plaintiff witnessed Mr. Dunkleburg hitting Ms. Nespeca. (Id., SOF ¶¶ 3-4; admitted at Pl.'s Resp., RSOF ¶¶ 3-4.) Out of concern for Ms. Nespeca, Plaintiff called 9-1-1, and Defendants Aspen Valley Police Officers Melinda Calvano and Ron Fabrocini, as well as Officer Dan Davis were dispatched to the scene. (Id., SOF ¶¶ 4-5; admitted at Pl.'s Resp., RSOF ¶¶ 4-5.) Upon arrival, the police arrested Ms. Nespeca. (Id., SOF ¶ 6; admitted at Pl.'s Resp., RSOF ¶ 6.) Plaintiff was shocked at Ms. Nespeca's arrest, because she thought Mr. Dunkleburg should have been arrested instead. (Id.)
Ms. Nespeca was then taken to Pitkin County Jail. (Id., SOF ¶ 8; admitted at Pl.'s Resp., RSOF ¶ 8.) At around 1:00 A.M., Plaintiff arrived at the jail in an effort to secure Ms. Nespeca's release. (Id., SOF ¶ 10; admitted at Pl.'s Resp., RSOF ¶ 10.) Defendant Deputy Walt Geister, who was working at the jail teller window when Plaintiff arrived, informed her that Ms. Nespeca would need to post a $250 bond in order to be released. (Id., SOF ¶¶ 9-10; admitted at Pl.'s Resp., RSOF ¶¶ 9-10.) Deputy Geister then allowed Ms. Nespeca to come to the teller window to give Plaintiff her ATM card and PIN number so that Plaintiff could obtain sufficient funds to bond Ms. Nespeca out of jail. (Id., SOF ¶ 11; admitted at Pl.'s Resp., RSOF ¶ 11.) Plaintiff left the jail and returned a short time later with the funds. (Id., SOF ¶ 12; admitted at Pl.'s Resp., RSOF ¶ 12.) When Plaintiff arrived, Officer Fabrocini was in the booking room with Deputy Geister. (Id., SOF ¶ 14; admitted at Pl.'s Resp., RSOF ¶ 14.) When Officer Fabrocini saw Plaintiff enter the jail, he told Deputy Geister that Plaintiff had been present when Ms. Nespeca was arrested and that the only reason she had not also been arrested for interfering with Ms. Nespeca's arrest was because Plaintiffs young daughter was present with her at the time. (Id., SOF ¶ 14; admitted at Pl.'s Resp., RSOF ¶ 14.) Further, Officer Fabrocini stated that Plaintiff was not a sober, responsible party. (Id.) Deputy Geister then told Plaintiff that she could leave the bond money but that he had been informed by the police officers that she was not a sober, responsible party due to her actions at the arrest scene. (Id., SOF ¶ 15; admitted at Pl.'s Resp., RSOF ¶ 15.)
Plaintiff then went to the jail lobby and called 9-1-1 from her mobile phone in an attempt to get a county sheriff to help her bond Ms. Nespeca out of jail. (Id, SOF ¶ 17; admitted in relevant part at Pl.'s Resp., RSOF ¶ 17; see also Pl.'s Resp., Ex. 1 at 5-6 [Pl. Dep.].) Plaintiff was unsure how to reach a county sheriff at that time of night other than by calling 9-1-1. in Supp. of Mot. for Summ. J [hereinafter " "], Resp. After being put on hold for what Plaintiff believed to be approximately two minutes, she thought the dispatcher had lost the call; so, she hung up and called 9-1-1 a second time. (Defs.' Br., SOF ¶¶ 17-18; admitted in relevant part at Pl.'s Resp., RSOF ¶¶ 17-18; see also Pl.'s Resp., Ex. 1 at 5 [Pl.'s Dep.].) Again, the dispatcher placed Plaintiff on hold for approximately two minutes, and, again, Plaintiff hung up and called 9-1-1. (Defs.' Br., SOF ¶ 18; admitted at Pl.'s Resp., RSOF ¶ 18.)
The 9-1-1 dispatcher, in turn, called the jail booking room to report that Plaintiffs repeated phone calls were tying-up the 9-1-1 system and had forced her to drop one legitimate emergency call. (Id., SOF ¶ 20; admitted at Pl.'s Resp., RSOF ¶ 20.) The dispatcher requested that jail personnel do something to prevent Plaintiff from continuing to interfere with 9-1-1 operations. (Id.) Officers Calvano and Davis proceeded to the lobby and shackled and handcuffed Plaintiff without warning. .) Because all the other cells in the jail were already occupied by other inmates, Deputy Geister decided to put Plaintiff in the jail's maximum security cell. (Defs.' Br., SOF ¶ 23; admitted at Pl.'s Resp., RSOF ¶ 23.) Plaintiff struggled and had to be dragged to her cell, because she was terrified by the thought of being placed in maximum security. .) The maximum security cell was tiny, and Plaintiff is claustrophobic. .) The cell had a small, narrow window that prevented Plaintiff from seeing anyone outside it. (Id.)
Before she was placed in her cell, Plaintiff asked several times to make a phone call to ensure her daughter was safe. .) Once Plaintiff was in her cell, Deputy Geister left to attend to other inmates and directed Officers Calvano and Davis to keep an eye on Plaintiff. (Defs.' Br., SOF ¶ 24; admitted at Pl.'s Resp., RSOF ¶ 24.) Plaintiff began yelling out her request for a phone call in hopes that someone would hear her, since the cell door was thick steel. .) Officer Calvano testified that she did not know what Plaintiff was yelling, but called it "intrusive to the inmates" and "obstructive" to jail staff. .) Plaintiff began pounding on her cell's door. (Id., SOF ¶ 25; admitted in relevant part at Pl.'s Resp., RSOF ¶ 25.) After about ten minutes, Officer Davis reported to Deputy Geister that Plaintiff had been pounding on the door and expressed concern that Plaintiff might hurt herself. .) According to Plaintiff, Officer Davis came into her cell and told her to shut up or he would have her sedated. .) Deputy Geister testified that he told Plaintiff that if she continued to pound against the door "we're going to contact the hospital and see about sending the paramedics and having [you] sedated."1 (Pl.'s Resp., Ex. 2 at 6 [Geister Dep.].)
Deputy Geister attempted to contact the emergency room physician, Defendant Chris Martinez, M.D., to discuss Plaintiffs behavior, but the deputy could not make contact. (Defs.' Br., SOF ¶ 27; admitted at Pl.'s Resp., RSOF ¶ 27.) As a result, Deputy Geister instructed dispatch to page paramedics to the jail. (Id.) Paramedics Damien Coniglio and Mark Hutchinson (the "Paramedics") were dispatched to the jail. (Id.) When the Paramedics arrived, Deputy Geister told them that Plaintiff was "combative" and had been banging her head. (Id., SOF ¶ 28; admitted at Pl.'s Resp., RSOF ¶ 28.) Plaintiff testified that she used only her hands to bang on her cell door—never her head, arms, or body—and that she pounded as hard as she could on the door without hurting...
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Part 1: complete case summaries in alphabetical order.
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