Ansell v. Ross Twp., 09cv1398

Decision Date28 March 2012
Docket Number09cv1398
PartiesWILLIAM ANSELL, Plaintiff, v. ROSS TOWNSHIP, ET AL., Defendants.
CourtUnited States District Courts. 3th Circuit. United States District Courts. 3th Circuit. Western District of Pennsylvania

ELECTRONICALLY FILED

MEMORANDUM OPINION RE: DEFENDANTS' MOTIONS FOR SUMMARY
JUDGMENT (DOC. NOS. 66, 68, 70 & 74)
I. Introduction

This matter comes before the Court on four separate motions for summary judgment filed by the Defendants pursuant to Federal Rule of Civil Procedure 56. Doc. Nos. 66, 68, 70 & 74. For the reasons that follow, three of the motions (Doc. Nos. 66, 70 & 74) will be granted, and the remaining motion (Doc. No. 68) will be granted in part and denied in part.

II. Background

Plaintiff William Ansell ("Ansell") is a fifty-seven-year-old male.1 Doc. No. 80-28, 3. Ansell married Nancy Ansell ("Nancy") in October 1976. Doc. No. 94, ¶ 127. The Ansells maintained their residence in New Castle, Pennsylvania. Id., ¶ 128. Their two daughters, Valerie Ansell ("Valerie") and Julia Ansell ("Julia"), were born in 1978 and 1980, respectively. Id., ¶ 129.

Ansell and Nancy separated in 1983 and divorced in 1985. Id., ¶ 127; Doc. No. 77-9, 5. Ansell continued to reside in New Castle in the immediate aftermath of the divorce. Doc. No. 94, ¶ 128. At some point between 1983 and 1985, the Court of Common Pleas of LawrenceCounty ordered Ansell to provide Nancy with child-support payments. Id., ¶ 153; Doc. No. 77-9, 3. Ansell was initially allowed to see Valerie and Julia during the first three weekends of each month. Doc. No. 77-9, 5. Nancy later accused Ansell of molesting their daughters. Id., 3, 5. Ansell's visitation rights were terminated as a result of Nancy's allegations. Id., 3. Due to the termination of his visitation rights, Ansell decided not to make child-support payments to Nancy. Doc. No. 94, ¶¶ 152-154.

In 1987, Ansell moved to a residence owned by his brother, Robert Ansell ("Robert"). Doc. No. 94, ¶¶ 123-124. The residence is located at 109 Fairley Road in Ross Township, Pennsylvania. Id., ¶¶ 1, 123. After moving into the residence, Ansell periodically visited his sister, Joann, who resided in Golden, Colorado. Id., ¶ 126. He did not see Valerie or Julia between 1987 and 1996. Id., ¶ 130.

Between 1995 and 2006, Ansell was arrested at least four times for failing to pay child support or failing to appear at contempt hearings. Id., ¶¶ 156-159. Although Ansell made some payments to Nancy in order to "purge himself from contempt," he did not make the monthly payments that he was required to make pursuant to the terms of the applicable court orders. Id., ¶ 155. In January 2006, Ansell spent four days in jail for failing to keep his payments current. Id., ¶ 159.

On July 23, 2007, the Court of Common Pleas of Allegheny County issued a warrant for Ansell's arrest. Doc. No. 80-28, 1-2. The warrant was issued because Ansell had failed to appear for a scheduled compliance hearing. Id. The Allegheny County Sheriff's Department ("Sheriff's Department") decided to execute the warrant on the morning of October 18, 2007. Doc. No. 94, ¶ 72. Ross Township police officers Michael Orsino ("Orsino"), James Fitch("Fitch") and David Sciullo ("Sciullo") were sent to Ansell's residence to assist the Sheriff's deputies in their efforts to execute the warrant. Id., ¶¶ 72, 234.

Orsino and Sciullo knocked on Ansell's door and announced their presence. Id., ¶ 74. Ansell allegedly did not hear the officers because of a hearing impairment. Id. Orsino and two Sheriff's deputies, Vincent Longo ("Longo") and Ronald Stokes ("Stokes"), entered the residence through a garage. Id., ¶¶ 75, 272. They apparently opened the garage door by using a remote control device that Longo had retrieved from Ansell's car. Id., ¶¶ 267, 268. After entering the residence, the deputies observed that Ansell possessed hunting equipment and shotgun shells. Id., ¶ 269. Ansell was lying in bed on his back. Id., ¶¶ 167, 188. He heard someone scream, "Warrant search!" Id., ¶ 166. After hearing the sound of the approaching law enforcement officials, Ansell sat up in his bed. Id., ¶ 168. A .38 charter arms revolver was hanging from Ansell's left bedpost in a brown leather holster. Id., ¶¶ 169-170. A box of shells was located inside of a nearby nightstand. Id., ¶ 79. Orsino and the deputies found Ansell in his bedroom. Id., ¶ 76. Ansell was pulled onto the floor by his leg. Id., ¶ 176. While the deputies attempted to take Ansell into custody, Orsino observed the revolver hanging from Ansell's bedpost. Id., ¶ 77. As Ansell was being placed under arrest, Orsino searched the dresser and nightstand located inside of the bedroom. 2 Id., ¶¶ 81-82. The deputies took Ansell out of the bedroom and held him in an adjacent corner. 3 Id., ¶ 85. At that point, Ansell had not yet been placed in handcuffs. Id., ¶ 187.

Ansell was taken from the corner and seated in a chair next to his kitchen table. Id., ¶ 186. He was subsequently placed in handcuffs. Id., ¶ 192. Detective Martin George ("George")entered the residence shortly after learning that Ansell had been taken into custody. Id., ¶ 281. Although Ansell asked to be provided with his dentures, the deputies denied that request. Id., ¶ 189. The deputies gave Ansell pairs of his shoes and socks while he was seated in the kitchen. Id., ¶ 191. They later escorted him out of the residence and into a police car. Id., ¶ 193. Ansell's feet were shackled before he was placed inside of the police car. Id., ¶ 194. George temporarily removed the handcuffs so that Ansell could put on a shirt. Id., ¶ 195.

George proceeded to drive Ansell into downtown Pittsburgh. Id., ¶¶ 197-198. The police car arrived at Mellon Arena at approximately 8:00 A.M. Id., ¶ 200. George stopped the car at Mellon Arena, spoke with several people standing nearby, and made a quick call on his cellular telephone. Id., ¶ 198. Although the warrant specified that Ansell was to be delivered "into the custody of the Court of Common Pleas," it also contained language directing that he be held at the Allegheny County Jail ("County Jail") until that court was open for business in the event that he was taken into custody at a time when the court was "unavailable." Doc. No. 80-28, 1-2. Since the Court of Common Pleas had not yet opened for business, George transported Ansell to the County Jail. Doc. No. 94, ¶ 289.

After arriving at the County Jail, Ansell was taken to a stall located in the "intake" area. Id., ¶ 330. He was instructed to completely disrobe4 in the presence of a male corrections officer. Doc. No. 77-11, 6. His clothes were confiscated, and a "red jump suit" was given to him. Id., 5. He was not touched by the corrections officer during this encounter. Doc. No. 94, ¶ 340. The County Jail maintained a policy prohibiting the acceptance of any individual who was in need of immediate medical attention. Id., ¶ 294. After changing into the standard prison attire, Ansell was examined by a nurse and medically cleared to enter the prison population.Doc. No. 77-11, 5; Doc. No. 94, ¶¶ 292-295. Ansell was required to undress and shower in the presence of a male corrections officer after undergoing the medical examination. Doc. No. 77-11, 8; Doc. No. 94, ¶¶ 341-342.

In an order dated October 19, 2007, the Court of Common Pleas of Allegheny County stated that Ansell and his attorney had appeared for a hearing5 regarding the bench warrant, that he remained in contempt of the prior orders requiring him to make child-support payments, and that he was required to make monthly payments to bring himself into compliance with those orders. Doc. No. 80-26, 23. The bench warrant was dismissed in a separate order issued that same day. Id., 24. Ansell was released later that evening.6 Doc. No. 94, ¶ 328.

On November 15, 2007, Ansell contacted the Ross Township Police Department ("RTPD") and complained that employees of the Public Works Department had blown leaves into his yard. Doc. No. 94, ¶ 36. Officer Richard D. White ("White") responded to the call. Id. After arriving at the scene, White spoke with Peter Castellano ("Castellano"), who was the Director of Public Works. Id., ¶ 37. Ansell was unable to hear the verbal exchange between White and Castellano. Id., ¶ 38. White left Ansell's residence without issuing a citation. Id., ¶ 39.

Ross Township's Board of Commissioners ("Board") conducted meetings on August 11, 2008, August 25, 2008, and September 8, 2008. Doc. No. 14, ¶¶ 38-39. At each of these meetings, Ansell claimed that members of the RTPD and the Department of Public Works ("DPW") had subjected him to unfair treatment. Id. On October 9, 2008, Ansell and his neighbor, Randi Grubb ("Randi"), each contacted law enforcement authorities and reported that the other was illegally using a vehicle to block Fairley Road. Doc. No. 94, ¶ 40. OfficerGregory Glenn Garcia ("Garcia") responded to the calls. Id., ¶ 41. After speaking with Ansell, Randi, and another resident of Fairley Road, Garcia cited Ansell for driving on the wrong side of a roadway. 7 Doc. No. 14-1, 2. Ansell was ultimately acquitted of the charge. 8 Doc. No. 14-2, 4.

On October 31, 2008, Randi's husband, Vince Grubb ("Vince"), contacted the RTPD and reported that Ansell had blown leaves into the street. Doc. No. 94, ¶ 43. Officer Peter M. Chuberko ("Chuberko") responded to the call and reported to Fairley Road. Id. He ultimately left the scene without making an arrest or issuing a citation. Id., ¶ 45. In a police report dated November 3, 2008, Chuberko stated as follows:

Mr. Grubbs called to report that Mr. Ansell is blowing leaves from his yard onto Fairley Rd. Mr. Grubbs that [sic] two other neighbors witnesses [sic] this as well. Grubbs also stated that he had pictures of Mr. Ansell blowing the leaves onto the street. There was a large amount of leaves around the perimeter of Ansell's property and Ansell's yard was fairly clear of fallen leaves. Due to the ongoing problems, I had patrolled through the area approximately two hours earlier and there was a
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