Ankele v. Hambrick, Civil Action No. 02-4004.

• Decision Date: 08 October 2003
• Docket Number: Civil Action No. 02-4004.
• Parties: Adam ANKELE, Plaintiff, v. Marcus HAMBRICK, Defendant.
• Court: U.S. District Court — Eastern District of Pennsylvania

286 F.Supp.2d 485

Adam ANKELE, Plaintiff, v. Marcus HAMBRICK, Defendant.

Civil Action No. 02-4004.

United States District Court, E.D. Pennsylvania.

October 8, 2003.

COPYRIGHT MATERIAL OMITTED

Richard J. Orloski, Orloski, Hinga, Pandaleon & Orloski, Allentown, PA, for Plaintiff.

Theodore E. Lorenz, Office of Attorney General, Philadelphia, PA, for Defendant.

MEMORANDUM OPINION

RUFE, District Judge.

This is a federal civil rights action brought against a Pennsylvania State Police Trooper, Marcus Hambrick ("Hambrick"), in his individual capacity. Plaintiff Adam Ankele ("Ankele") contends that Hambrick violated his Fourth and Fourteenth Amendment rights under the U.S. Constitution following a February 12, 2001 vehicular accident and subsequent investigation. Presently before the Court is Defendant Hambrick's Renewed Motion for Summary Judgment as to all of Ankele's claims. For the reasons set forth below, Hambrick's Motion for Summary Judgment is granted.

I. BACKGROUND

The following factual account is taken in a light most favorable to Ankele as he is the non-moving party on the instant motion for summary judgment. This case arises from a February 12, 2001 incident where Trooper Hambrick arrested Ankele for driving under the influence of alcohol in violation of 75 Pa. Cons.Stat. Ann. § 3731. Earlier that day, Ankele left work at 4:00 p.m. and went directly to a bar called the Rittersville Fire Company in order to meet a friend. See Ankele Deposition Transcript at 8-9 (hereinafter "Ankele Dep."). While waiting for his friend Ankele consumed three ten-ounce glasses of beer, and ate no food. Id. at 11-12, 16, 21. When Ankele's friend did not arrive by 5:30-6:00 p.m., Ankele left the bar to go home. Id. at 15, 17, 24.

At approximately 6:30 p.m., Ankele crashed his car into the rear of another car stopped at a red light at the intersection of Tilghman Street and Blue Barn Road, in Upper Macungie Township, Pennsylvania. Ankele Dep. at 8, 25; Police Report at 1. Ankele admits that he was not paying attention to the road in front of him when he struck the other automobile at a speed of 15-20 mph. Ankele Dep. at 25-26. Ankele then drove his vehicle away from the site of impact, which was in the middle of the road, and into the parking lot of the Kuhnsville Inn, located across the street. Id. at 27, 31-32; 1/18/02 Trial N.T. of Ankele at 12 (hereinafter "Ankele Test."). A bystander who observed the aftermath of the accident, Michael Wieder, who also happens to be an automobile mechanic, described the damage to Plaintiff's vehicle as "moderate," but described the damage to the other car as "heavy" and "a total loss." 1/18/02 Trial N.T. of Michael Wieder at 6, 22. From this time forward, witness accounts of events vary, but the Court will continue to set forth Plaintiff's version, as he is the non-moving party.

Ankele exited the car, inspected the damage to his vehicle, paced back and forth, sat on a curb close to his vehicle, composing himself and smoking a cigarette. Ankele Dep. at 33; Ankele Test. at 14-15. At this time Wieder approached Ankele and asked if he was alright. Ankele Dep. at 34. Wieder testified at Ankele's trial that Ankele was walking away from the scene, perhaps attempting to leave the scene altogether, but that Ankele slowed down and stopped when he realized that Wieder was behind him. Wieder Test. at 9, 27. Ankele admits that Wieder told Ankele that he had an obligation to return to the accident scene. Ankele Dep. at 74. During this conversation, Wieder noticed nothing unusual about Ankele's speech attributable to drinking, but did say Ankele was "rambling" because "he was just upset." Wieder Test. at 26-27. In addition, Wieder did not smell alcohol on Ankele's breath while standing about three feet away from him, see id. at 26, but when asked "could you tell he had been drinking?", Wieder responded that "from what I saw, I would say he was." Id. at 10-11.

During this conversation between Ankele and Wieder, Defendant State Police Trooper Hambrick arrived at the accident scene to investigate. Ankele Dep. at 37. Wieder then escorted Ankele across the street and back to the site of impact. Hambrick saw both men crossing the street, and noted that Ankele was walking with a "staggered gait." See Deposition of Marcus Hambrick at 12, 40 (hereinafter "Hambrick Dep."). When crossing the street with Ankele, Wieder testified that he was not paying close attention to Ankele's manner of walking because he was looking out for oncoming traffic. Wieder Test. at 31-32.

As Ankele and Wieder crossed the street, Hambrick was speaking to the driver of the other vehicle involved in the accident, Robert Woods. Ankele Dep. at 36; Police Report at 1. As soon as Ankele arrived at the location of the accident, he stood by the police cruiser, smoking a cigarette. See Ankele Test. at 18. Hambrick walked toward Ankele, and asked if he was the other driver involved in the accident. Id. at 40. At this time Ankele began backing away from Hambrick because he found Hambrick to be "a very intimidating person." Ankele Test. at 19. Ankele responded "yes," and immediately thereafter Hambrick "grabbed [Ankele], threw [Ankele] on the back of the [police] car, ripped everything out of [Ankele's] pockets and immediately handcuffed [Ankele] and put [Ankele] in the back of the [police] car." Ankele Dep. at 40. Wieder's testimony tends to corroborate Ankele's contention that the verbal exchange and subsequent handcuffing occurred in a very short time span. Wieder Test. at 28 ("By the time I turned around ... he was on the hood of the car ..."). Wieder testified that throughout this incident Ankele was not verbally abusive. Wieder Test. at 33. Ankele contends that he did not argue with Hambrick, although he admits saying "What are you f___ing crazy? I was just in an accident!" when Hambrick grabbed him. Ankele Dep. at 46. At some point during this brief interaction, Ankele admitted to Hambrick that he had been drinking. Hambrick Dep. at 23; Ankele Dep. at 69, 105. Ankele contends that Hambrick never asked him to perform field sobriety tests before taking him into custody. Ankele Test. at 20-21.¹

Ankele was arrested for driving under the influence of alcohol ("DUI") in violation of 75 Pa. Cons.Stat. Ann. § 3731(a)(1); leaving the scene of an accident in violation of 75 Pa. Cons.Stat. Ann. § 3743(a); and driving at an unsafe speed in violation of 75 Pa. Cons.Stat. Ann. § 3361. Hambrick transported Ankele in custody to the Fogelsville police barracks, and asked him to submit to a "breathalyzer" test. Ankele complied with Hambrick's requests, blowing breath samples into a tube connected to a machine, the Intoximeter Alco-Sensor IV, which determines blood-alcohol content. Ankele blew four to five samples into the tube. Ankele recalls the machine's printer, the RBT IV, printed slips, or a "little white receipt," upon completion of each breath sample. When Ankele asked Hambrick what the reading was, Hambrick stated that the machine was not printing out a reading. Ankele also claims that Hambrick threw the slips of paper into the trash. Hambrick then asked Ankele to sign a refusal form. Ankele did not sign the form because he felt that he had complied with the instructions given by Hambrick. Ankele Dep. at 49-51. In total, Ankele was at the police barracks for approximately thirty to forty-five minutes, twenty minutes of which he spent waiting for his wife to pick him up. Id. at 58.

The preliminary hearing before a district justice was held on June 6, 2001. There, the district justice dismissed the charge of leaving the scene of an accident, and ordered Ankele to post a $2,000 unsecured bond. 6/6/01 Preliminary Hearing Transcript at 34 (hereinafter "Prelim. Hrg."). Ankele appeared next at his license suspension appeal hearing on January 14, 2002. He prevailed in his appeal, and his license was never actually suspended. Ankele Dep. at 122. Finally, at his January 18, 2002 trial, Ankele was found not guilty of DUI and driving at an unsafe speed. Hambrick Dep. at 100.

Ankele then filed this action under 42 U.S.C. § 1983, asserting three counts in his Complaint: (1) false arrest; (2) excessive use of force; and (3) violation of his due process rights. The case proceeded through discovery and dispositive motions, with the Court granting in part and denying in part Defendant's motion for summary judgment. See Ankele v. Hambrick, 2003 WL 21223821, 2003 U.S. Dist. LEXIS 8817 (E.D.Pa. May 7, 2003). The motion was granted as to Plaintiff's excessive force claim, but denied as to the balance. Thereafter the Court granted in part Defendant's motion for partial reconsideration as to its reasoning on Plaintiff's Fourteenth Amendment claim, but reaching the same result. See Ankele v. Hambrick, 2003 WL 21396862 (E.D.Pa. May 12, 2003). After pre-trial discussions with counsel, and upon Plaintiff's motion, the Court granted leave to amend the complaint, and ordered further discovery. Plaintiff filed his Amended Complaint, again asserting a false arrest claim (Count 1), and adding two malicious prosecution claims related to his license suspension (Count 3) and alleged "illegal arrest and destruction of exculpatory evidence" (Count 4). Plaintiff did not reassert his excessive force claim.

This Court has jurisdiction pursuant to 28 U.S.C. §§ 1331, 1343. Hambrick now renews his motion for summary judgment as to all of Ankele's claims. As noted in the Court's May 13, 2003 Order [Doc. # 29], the filing of Defendant's renewed motion serves to vacate the Court's prior decisions addressing Plaintiff's Fourteenth Amendment claim. Having had the benefit of a more complete record and developed argument, the Court will also revisit Plaintiff's false arrest claim. In short, today's decision will address all issues anew.

II. SUMMARY JUDGMENT STANDARD

The Court will enter summary judgment "if the pleadings, depositions, answers to interrogatories, and admissions on...