Brice v. City of York

• Citation: 528 F.Supp.2d 504
• Decision Date: 28 December 2007
• Docket Number: Civil Action No. 1:03-CV-1979.
• Parties: Keon BRICE, Plaintiff v. CITY OF YORK, Officer Camacho, Officer Scott Nadzom, Officer Shaffer, Officer Losty, and Officer Dehart, Defendants.
• Court: United States District Courts. 3th Circuit. United States District Court of Middle District of Pennsylvania

528 F.Supp.2d 504

Keon BRICE, Plaintiff v. CITY OF YORK, Officer Camacho, Officer Scott Nadzom, Officer Shaffer, Officer Losty, and Officer Dehart, Defendants.

Civil Action No. 1:03-CV-1979.

United States District Court, M.D. Pennsylvania.

December 28, 2007.

Eric L. Bloom, Gordon A. Einhorn, Hangley Aronchick Segal & Pudlin, Harrisburg, PA, for Plaintiff.

Donald B. Hoyt, Assistant City Solicitor, York, PA, James D. Young, Cheryl L. Kovaly, Lavery, Faherty, Young & Patterson, P.C., Harrisburg, PA, for Defendants.

MEMORANDUM

CONNER, District Judge.

This is a civil rights suit brought under 42 U.S.C. § 1983 by plaintiff Keon Brice ("Brice") against defendants City of York and five of its police officers. Brice alleges that the actions of the officers while arresting him violated his Fourth and Fourteenth Amendment rights to be free from excessive force and state-created danger. Presently before the court is the defendants' motion for partial summary judgment. The motion seeks summary judgment on Brice's municipal liability claims and on the state-created danger claim against the individual officers. One of the officers has also moved for summary judgment on the excessive force claim based upon his participation in the arrest. For the reasons that follow, the motion will be granted with respect to all of these claims.

I. Statement of Facts¹

Brice's claims arise from the defendant officers' attempts to arrest him at the Vonni B. Grimes Gym in York, Pennsylvania. He alleges liability against the city based on the conduct of the officers during that arrest.

A. Brice's Flight from Police and Subsequent Arrest

Brice was playing basketball at the gym on the day of his arrest. Police responded to the gym after an informant reported that Brice was there. (Doc. 65 ¶ 20; Doc. 74 ¶ 20; Doc. 75, Ex. B, at 13.) Brice had outstanding arrest warrants in Pennsylvania and New York, and the responding officers knew that he had a history of resisting and escaping prior arrest attempts. (Doc. 65 ¶ 19; Doc. 74 ¶ 19; Doc. 75, Ex. B at 11-12; Doc. 75, Ex. S.) Police formulated an arrest plan under which officers covered the gym's front and rear exits to prevent Brice from fleeing. (Doc. 65 ¶ 21; Doc. 74 ¶ 21; Doc. 75, Ex. B at 16-17.) Defendant Officers Paul DeHart ("DeHart") and Andrew Shaffer ("Shaffer") entered the front of the gym accompanied by Sergeant Kahley and Officer Sowers, who are not defendants herein. (Doc. 65 ¶ 21; Doc. 74 ¶ 21; Doc. 75, Ex. B. at 16-17.) The four officers planned to apprehend Brice while defendant Corporeal Craig Losty ("Losty") "and defendant Officers Roland Camacho ("Camacho") and Scott Nadzom ("Nadzom") guarded the rear exit. (Doc. 65 ¶ 21; Doc. 74 ¶ 21; Doc. 75, Ex. B. at 16-17.) Camacho covered the rear door, his weapon drawn. According to his deposition testimony, Camacho drew his firearm because he had received "intell[igence]" from other officers indicating that Brice had "dealt with guns." (Doc. 75, Ex. B at 23-24.) Wanted person materials published by the police department do not corroborate this, but they state that Brice "fled/fought and escaped" prior arrest attempts and advise that he "will fight and run." (Doc. 75, Ex. S.) Losty and Nadzom held positions further from the door on either side of Camacho to apprehend Brice should he attempt to evade arrest. (Doc. 75, Ex. B at 17.) While they were waiting for the officers inside the gym to arrest Brice, another wanted individual unrelated to the instant case exited the rear of the gym. (Id. at 18.) Losty pursued him, leaving Camacho and Nadzom to cover the door. (Id.)

The four officers inside the gym approached Brice, who fled because he "didn't know who they w[ere] there for."² (Doc. 75, Ex. A at 43.) The officers in the gym radioed those outside, alerting them to Brice's retreat. (Doc. 65 ¶ 23; Doc. 74 ¶ 23.) Camacho pointed his gun at the door, and when Brice exited the gym, he saw Camacho ten feet away with the weapon directed at Brice's chest. (Doc. 75, Ex. A at 43-45.) Camacho made no attempt to stop Brice, who veered to the right and ran away from Camacho. (Id. at 51.) Nadzom pursued Brice, overtook him, and tackled him to the ground. (Id. at 49-51; Doc. 67, Ex. E at 56.) Brice struggled back to his feet with Nadzom clinging to his shirt sleeve. (Doc. 67, Ex. E at 56.)

DeHart, Losty, and Shaffer caught up with the struggling pair. (Id. at 57.) DeHart grabbed Brice's arm while Shaffer forced his feet from underneath him. (Id.) Losty punched him in the head. (Id.) Camacho arrived after the other officers and attempted to assist their arrest efforts. (Id. at 58.) Without holstering his weapon, Camacho grabbed Brice in the collar area using the hand that held the gun. (Id.) Camacho admitted that he should have holstered his weapon before engaging Brice. (Doc. 75, Ex. B at 33-34.) The side of the weapon brushed against Brice's temple as Camacho struggled with Brice. (Doc. 67, Ex. E at 58-59.) Brice testified that he believed the contact between his temple and the side of the weapon was accidental.³ (Id. at 60.) The gun discharged alongside Brice's head only "seconds" after Camacho arrived to assist the other officers. (Id. at 59-60.) Brice stated that the gun "just went off."⁴ (Id. at 60.) Fortunately, the bullet did not strike Brice, the officers, or any passersby. The officers then apprehended Brice, who later lodged a citizen complaint against the officers alleging they used excessive force to seize him.

B. The Police Department's Policies and Customs

Brice's claims arise from both the actions of the individual officers and the policies and customs of the York City Police Department ("the police department" or "the department"), which is operated by defendant City of York ("the city"). He alleges the department's inadequate handling of citizen complaints and training of officers proximately caused his injuries under the doctrines of excessive force and state-created danger.

The department has implemented a formal policy for investigating citizen complaints. (Doc. 75, Ex. F.) The policy requires citizen complaints to be documented on a Citizen Complaint Report form. (Id. § III.A.1 & .2.) Supervising officers document complaints on the report form and attempt to conciliate with complainants. (Id. § III.A.1.a.) The complaint report form is forwarded to the police department's Inspectional Services Division ("the division") regardless of the outcome of that discussion. (Id. § III.A.5.) The division, also known as Internal Affairs,⁵ investigates any complaints not resolved by the intake officer. (Id. § III.C.) Each form is identified by a sequential serial number, and the division must audit the forms periodically to verify that all complaints have been resolved or are being investigated. (Id. § III.A.5.) Complaints alleging police brutality are not investigated unless the complaint is sworn under oath. (Id. § III.A.6.)

Less than one month before Brice's arrest, Inspector William Follmer ("Follmer") was appointed to head the Inspectional Services Division. (Doc. 75, Ex. E at 5, 8.) Follmer indicated that in practice the complaint process failed to strictly comply with formal policy at the time he took office. Follmer was never formally trained on the seven-page citizen complaint policy by his predecessor, though he reviewed it upon taking office. (Id. at 36-37.) He examined the department's stock of blank citizen complaint forms and noticed that tablets containing approximately three hundred serially numbered forms were missing. (Id. at 62.) Follmer testified that the missing forms were never completed by complainants, and he stated that he was confident that the missing forms did not represent unaddressed complaints. (Id.)

Complaint investigations involve the inspector contacting complainants who provided contact information on the complaint form. (Doc. 75, Ex. G at 60.) Complainants who do not provide contact information are sent a registered letter requesting a response. (Id.) If the complainant remains incommunicado after the registered mailing, the inspector may, based on the available evidence and his or her discretion, choose to close the investigation or continue the inquiry. (Id.)

Disciplinary action against officers arising from citizen complaints is permanently tracked in officers' personnel files. (Doc. 75, Ex. F § III.G.) Complaints that yield no discipline are maintained in the division's offices for three years, after which they are destroyed. (Id.) During his tenure, Follmer maintained no disciplinary records independent of the information in the personnel files. (Doc. 75, Ex. E at 69.)

Brice alleges that the police department's policy failed to detect an alleged pattern of excessive force by officers that could have corrected, thereby preventing his injury. He also argues that the city failed to train its officers in the appropriate use of force, also contributing to his constitutional injury.

C. Procedural History

After Brice filed a citizen complaint with the police department, he commenced the instant action.⁶ His complaint alleges that the conduct of the city and the officers violated his Fourth Amendment right to be free from excessive force and his Fourteenth Amendment right to be free from state-created danger. He maintains assault and battery claims under Pennsylvania law against the individual officers.⁷ All defendants move for summary judgment on Brice's state-created danger claim. The city also moves for summary judgment on the excessive force claim.⁸

Defendants' motion does not formally request summary judgment on the excessive force claim against Camacho, (see Doc. 63), but the parties' briefs nevertheless address it insofar as it arises from the firing of Camacho's sidearm. The court will therefore construe the motion as requesting judgment on that claim to the extent predicated upon the shooting. The parties have fully briefed these issues, which are ripe for decision.

II. Standard...