Beaudry v. McKnight
| Decision Date | 21 March 2019 |
| Docket Number | Case No. 2:17-cv-23 |
| Court | U.S. District Court — District of Vermont |
| Parties | NEIL BEAUDRY, Plaintiff, v. JAMES MCKNIGHT, in his individual and official capacities; JAMES WARDEN, in his individual and official capacities; UNKNOWN DEFENDANT, in his/her individual and official capacities; TOWN OF SHELBURNE; and PAUL BOHNE, in his individual and official capacities, Defendants. |
(Docs. 48, 49, 50, 51)
Plaintiff Neil Beaudry, who is self-represented, brings this action against Defendants in their individual and official capacities alleging violations of his civil rights, conspiracy, and state-law claims. His claims arise from a traffic stop of a vehicle he was operating on a Vermont public highway in the early morning hours of February 11, 2014. Pending before the court are Defendants' motions to dismiss. (Docs. 48, 49, 50, 51.)
In his Second Amended Complaint ("SAC"), Plaintiff alleges Town of Shelburne ("Shelburne") Police Officer James McKnight issued him a speeding ticket and charged him with operating under the influence of alcohol ("DUI") in violation of Vermont law. Based on the initial stop and succeeding events, Plaintiff alleges thirteen claims: (1) unlawful seizure pursuant to 42 U.S.C. § 1983; (2) fabrication of evidence; (3) unlawful arrest; (4) malicious prosecution; (5) assault and battery and excessive force; (6) violation of due process; (7) supervisory liability against former Shelburne Town Manager Defendant Paul Bohne; (8) supervisory liability against former Shelburne Police Chief Defendant James Warden; (9) municipal liability against Shelburne; (10) abuse of process; (11) conspiracy under 42 U.S.C. § 1983; (12) conspiracy under 42 U.S.C. § 1985;1 and (13) intentional infliction of emotional distress. Plaintiff seeks compensatory and punitive damages.
Defendants have moved to dismiss Plaintiff's SAC under Federal Rule of Civil Procedure 12(b)(6), arguing that it fails to state a claim for which relief can be granted. In the alternative, Defendants argue that Plaintiff's arrest and prosecution were supported by probable cause or arguable probable cause, entitling Defendants to qualified immunity. Plaintiff opposes the motions.
On February 10, 2017, Plaintiff filed his Complaint and notice of self-represented appearance. On May 3, 2017, without serving the Complaint, Plaintiff filed an Amended Complaint. On August 1, 2017, Plaintiff sought and received an extension of time to serve the Amended Complaint, which he understood "superseded the original complaint[.]" (Doc. 4 at 2.) Returns of service demonstrating service were filed.
On August 28, 2017, Shelburne moved to dismiss the Complaint and the Amended Complaint. On August 30, 2017, former Shelburne Supervisor Bohne filed a separate motion to dismiss arguing: (1) Plaintiff failed to accomplish service within ninety days of commencing the action; (2) the Amended Complaint failed to comply with Fed. R. Civ. P. 15; and (3) the Amended Complaint failed to state a claim upon which relief can be granted. Following Defendants' filings, on September 4, 2017, Plaintiff filed a second motion to extend time for service of the original Complaint because "[t]here is a question[] . . . that Defendant[]s may have been served with an improper amended filing of the complaint, in which case I ask to extend the time so that the proper original[C]omplaint may be served[.]" (Doc. 13 at 4.) The court granted an extension until October 23, 2017. Returns of service demonstrating service were filed.
On October 19, 2017, former Police Chief Warden, Officer McKnight, and Mr. Bohne moved to dismiss the original Complaint pursuant to Fed. R. Civ. P. 12(b)(5) for insufficient service of process on the grounds Plaintiff failed to accomplish service within ninety days of commencing the action. They further asserted that Plaintiff's Complaint failed to state a claim upon which relief can be granted under Fed. R. Civ. P. 12(b)(6). On October 23, 2017, Shelburne filed a supplemental motion to dismiss the Complaint and Amended Complaint, "in response to Plaintiff's service of his Complaint to the Town[,]" under Fed. R. Civ. P. 12(b)(6). (Doc. 29 at 1 n.1.) On November 17, 2017, Plaintiff responded to these filings with a motion for leave to amend his original Complaint and to withdraw the "improperly filed first [A]mended [C]omplaint." (Doc. 30 at 1.)
On March 26, 2018, the court issued an Entry Order granting Plaintiff leave to amend his Complaint and denying as moot Defendants' motions to dismiss. (Doc. 44.) Plaintiff's SAC was filed that same day. Defendants thereafter renewed their motions to dismiss for failure to state a claim upon which relief can be granted.
In the early morning hours of February 11, 2014, Plaintiff was driving a vehicle in Charlotte, Vermont when Defendant Officer McKnight allegedly "rushed upon" him at a high speed in a car with its headlights on high-beam. (Doc. 45 at 2, ¶¶ 10-11.) Officer McKnight followed Plaintiff for approximately 1.5 miles before effecting a traffic stop of Plaintiff's vehicle. Plaintiff asserts that a video of the pursuit, observation, and stop shows that Plaintiff adhered to all traffic laws and committed no traffic violations.
Officer McKnight informed Plaintiff that he stopped him for speeding and crossing the white fog line four times. After Plaintiff refused to perform dexterity exercises and submit to a preliminary breath test ("PBT"), Officer McKnight issued Plaintiff a speeding ticket and arrested and charged him DUI in violation of 23 V.S.A. § 1201(a)(2). Plaintiff alleges that although he did not resist arrest, as he exited hisvehicle, Officer McKnight allegedly "unnecessarily and forcibly twisted Plaintiff's arm behind his back in his effort to handcuff him." (Doc. 45 at 8, ¶ 58.) Plaintiff allegedly suffered bruising and a cut as a result. Plaintiff asserts he did not complain of the allegedly excessively tightened handcuffs because he was too afraid to do so. A second officer seat-belted Plaintiff in the patrol car.
Plaintiff alleges that, during the transport to the police station, he leaned forward in an effort to reduce the pain caused by the handcuffs. Officer McKnight asked him what he was doing and commanded him to "sit back and stay there[.]" Id. at 9, ¶ 68 (internal quotation marks omitted). Officer McKnight pumped the brakes as he said "sit down . . . sit down[.]" Id. ¶ 69 (internal quotation marks omitted). Plaintiff asked Officer McKnight: "or what?" Id. ¶ 70 (internal quotation marks omitted). Officer McKnight then abruptly stopped the patrol car, exited and opened Plaintiff's door, and asked Plaintiff if "he wanted to get tazed" to which Plaintiff responded "no." Id. ¶ 71 (internal quotation marks omitted). Officer McKnight stated there was a "safety issue" and Officer McKnight contacted another officer for "his cage[.]" Id. at 10, ¶ 78 (internal quotation marks omitted). Officer McKnight asked Plaintiff what he was reaching for and reported to dispatch that Plaintiff was being uncooperative. He told a second officer Plaintiff was standing up in his seat. Officer McKnight allegedly told Plaintiff "things can go very smoothly or very complicated, and you're making them as complicated as possible." Id. at 11, ¶ 84 (internal quotation marks omitted).
Plaintiff alleges that Officer McKnight's affidavit described Plaintiff's conduct as follows:
While transporting [Plaintiff] to Shelburne Police Dept. for processing [Plaintiff] became unruly in the back seat of my uncaged cruiser. On two accounts he was seen trying to stand up in the backseat with his hands being pushed downward in what appeared to be an attempt to retrieve something from his waistline or slip his cuffs under his feet. He was moved to another cruiser with a protective barrier. As I was walking [Plaintiff] to the second cruiser [Plaintiff] swung his head and hit the open front passenger's cruiser door. He then asked why I had hit him or pushed him into the door. He then tried to do it to the rear door as well but I was able to prevent him from hurting himself anymore. When he was asked tostep into the cruise he told me to push him in. His behavior was extremely odd.
Plaintiff alleges that he was being "cooperative and not resistant as Defendant McKnight escorted him [and] was then suddenly shoved by Defendant McKnight into the open door as they passed it, striking Plaintiff[']s head and causing him injury and emotional distress." Id. at 11-12, ¶ 91. In response, Plaintiff asked Id. at 12, ¶ 92 (internal quotation marks omitted). Officer McKnight then allegedly "slammed Plaintiff's back up against the patrol SUV[,]" and said, "knock it off, alright, you're acting like an idiot, smacking yourself into the door[,]" to which Plaintiff responded, "I didn't do anything." Id. ¶¶ 93-95 (internal quotation marks omitted).
Plaintiff asked Officer McKnight for assistance entering the SUV, saying "help me, please, push me." Id. ¶ 96. When he was seated inside the vehicle, Plaintiff alleges Officer McKnight "told Plaintiff he tried to kick him." Id. ¶ 97. Plaintiff contends he "did not kick, or attempt to kick Defendant McKnight, and responded that 'I didn't kick you.'" Id. ¶ 98. While he was seat belting Plaintiff, Officer McKnight purportedly said to Plaintiff "if you want to act like a 2-year old we'll treat you like one" before transporting Plaintiff to the Shelburne Police Department for DUI processing. Id. ¶¶ 99-100 (internal quotation marks omitted).
On February 13, 2014, Officer McKnight forwarded his affidavit of probable cause to the State of Vermont's attorney. Plaintiff alleges Officer McKnight knowingly and intentionally fabricated material facts in the affidavit, including that Plaintiff was swerving, crossed the white fog line at least four times,...
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