Carey v. Maloney
| Decision Date | 30 March 2007 |
| Docket Number | Civil No. 3:04-CV-606(CFD). |
| Citation | 480 F.Supp.2d 548 |
| Parties | Joseph D. CAREY III, plaintiff v. Richard MALONEY; Brian Fox; William Whitehead; John Doe # 1; John Doe # 2, badge # 188; Anthony Lupacchino; Mark J. Sirois; and the City of East Hartford, defendants. |
| Court | U.S. District Court — District of Connecticut |
A. Paul Spinella, Law Offices of A. Paul Spinella & Associates, Hartford, CT, for Plaintiff.
Daniel C. Demerchant, Howd & Ludorf, Hartford, CT, for Defendants.
RULING ON MOTIONS FOR SUMMARY JUDGMENT
The plaintiff, Joseph D. Carey III, brought this action under 42 U.S.C. § 1983 and Connecticut law against defendants, the City of East Hartford, six East Hartford police officers, and the Chief of Police for the East Hartford Police Department, Mark Sirois.1 The allegations in Carey's eighteen-count amended complaint arise out of a May 2001 incident during which Carey was arrested and sprayed with aleoresin capsicum aerosol ("pepper spray").
In Count One, Carey alleges that Officers Richard Maloney, Brian Fox, William Whitehead, and Anthony Lupacchino (collectively the "Arresting Officers"), and John Does # 1 and # 2 (two unidentified East Hartford police officers), deprived him of rights secured by the United States Constitution, namely his right to be free from excessive force; his right to due process of law; and his right to be free from unreasonable arrest. In Counts Two through Seven, Carey alleges Connecticut state law violations against the Arresting Officers and the John Does. Those claims are that the Arresting Officers and John Does violated his rights secured by article first of the Connecticut Constitution, and assault and battery, "recklessness and maliciousness," negligence, negligent infliction of emotional distress, and intentional infliction of emotional distress. In Counts Eight and Nine, Carey alleges that Chief Sirois deprived him of rights secured by the United States and Connecticut constitutions by failing to promulgate and enforce appropriate policies for the East Hartford Police Department, and by failing to adequately screen, hire, train, supervise, and discipline the police officers under his command. In Counts Ten through Thirteen, Carey alleges that Sirois is liable for the torts allegedly committed by the Arresting Officers and John Does. In Counts Fourteen through Seventeen,2 Carey alleges municipal liability under the Connecticut Constitution, Conn. Gen.Stat. § 52-557n, respondent superior, and indemnity. Each of the officers is sued in both his individual and official capacities. The defendants have filed three motions for summary judgment on the counts in Carey's amended complaint.
On May 20, 2001, a group of Carey's family and friends were gathered at the East Hartford home of Carey's parents. Early in the afternoon, Lisa Grady, then Carey's girlfriend, arrived. Shortly after Grady's arrival, Grady and Carey had an altercation in which Grady screamed at, punched and scratched Carey. Carey's father, Joseph Carey, Jr. a former Hartford police officer, called the police to report the incident4 and then attempted to separate Grady and Carey.
Officers Maloney and Fox responded to the call. After arriving at the Carey home, Officer Maloney spoke with Carey's father, Carey, and Grady. During her interview, Grady admitted that she had struck Carey. According to the defendants, Carey told Maloney that he pushed Grady to the ground during the altercation. Also, according to the defendants, Grady told Maloney that Carey threw her to the ground and kicked her.5 Carey's complaint states that he "finally pushed Linda [sic] Grady to the ground in an attempt to get away from her."
After the interviews, Maloney and Fox decided to arrest both Carey and Grady. The subsequent events are described very differently by these two officers and Carey. For the purposes of resolving these motions, Carey's version must be credited. According to Carey's deposition testimony, the officers told him that it was mandatory for them to arrest him if they were arresting Grady. According to Carey, he responded by saying "I don't understand mandatory" and took a couple of steps toward his father with his back to the officers. Maloney and Fox then pushed Carey against the side of a nearby pick-up truck. Carey is six-foot, three-inch tall young man who weighed 265 pounds in 2001. Maloney was fifty-five at the time of the arrest. Fox is five-feet, seven-inches tall and weighed 170 pounds.
A few seconds later, Maloney and Fox decided to use pepper spray on Carey. According to Maloney's deposition testimony, he sprayed Carey four times in the face. According to Carey's deposition testimony, each officer simultaneously sprayed him twice. Fox removed Carey's sunglasses before the second burst of pepper spray. After the second burst, Maloney, and Fox threw Carey to the ground and handcuffed him. Maloney called for back-up and Carey was taken to Fox's patrol car and locked in the back seat. Fox and Maloney returned to the Carey house where a group of people were gathered.
Sergeant Lupacchino and Officer Whitehead then arrived at the Carey house in response to the call for back-up. Shortly after he arrived, Whitehead saw Carey smash the window out of Fox's patrol car and stick his head out the window. According to Carey, he was having difficulty catching his breath and had been shouting that he could not breathe. Whitehead had not seen the arrest of Carey and did not know he had been sprayed previously with the pepper spray. He also did not know of Carey's physical condition at the time. Whitehead believed that Carey was agitated and attempting to escape from the patrol car. Whitehead responded by spraying Carey with pepper spray one time.
Maloney transferred Carey to his car and transported him to the East Hartford police station. He was charged with disorderly conduct, interfering with a police officer, and assault on a police officer. At the police station, Carey was taken to a special washroom to wash off the pepper spray.6 Carey never requested medical attention from the police. At 6:00 p.m., he posted bond and was released. Carey did not seek medical attention immediately following his release, but the following afternoon he sought treatment for headaches and numbness in his left arm.
On September 11, 2001, Carey pled guilty in the Connecticut Superior Court to breach of peace in the second degree in violation of Conn. Genn. Stat. § 53a-181 based on his conduct on May 20, 2001. The original charges were then apparently nolled.
In a summary judgment motion, the burden is on the moving party to establish that there are no genuine issues of material fact in dispute and that it is entitled to judgment as a matter of law. See Fed. R.Civ.P. 56; Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A court must grant summary judgment "if the pleadings, de positions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact." Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (quoting Fed.R.Civ.P. 5(c)); accord Miner v. Glens Falls, 999 F.2d 655, 661 (2d Cir.1993). A dispute regarding a material fact is genuine "if the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson, 477 U.S. at 248, 106 S.Ct. 2505.
Where, as in this case, the nonmoving party has the burden of proof at trial, the moving party need only demonstrate that there is a lack of evidence to support the nonmovant's claim. Celotex, 477 U.S. at 323-25, 106 S.Ct. 2548; Tops Mkts., Inc. v. Quality Mkts., Inc., 142 F.3d 90, 95 (2d Cir.1998). Once the movant has established a prima facie case demonstrating the lack of a genuine issue of material fact, the nonmoving party must provide enough evidence to support a jury verdict in its favor. Anderson, 477 U.S. at 248, 106 S.Ct. 2505; Bryant v. Maffucci, 923 F.2d 979, 982 (2d Cir.1991). A plaintiff may not rely on conclusory statements or mere contentions that the evidence in support of summary judgment is not credible. Ying Jing Gan v. City of New York, 996 F.2d 522, 532 (2d Cir.1993). Similarly, a plaintiff as the nonmovant, may not rest "upon the mere allegations or denials" in its complaint to demonstrate the existence of a genuine issue of material fact. Fed. R.Civ.P. 56(e). Therefore, after discovery, if the nonmoving party "has failed to make a sufficient showing on an essential element of [its] case with respect to which [it] has the burden of proof," then summary judgment is appropriate. Celotex, 477 U.S. at 323, 106 S.Ct. 2548. When addressing a motion for summary judgment, the Court resolves "all ambiguities and draw[s] all inferences in favor of the nonmoving party in order to determine how a reasonable jury would decide." Aldrich v. Randolph Cent. Sch. Dist., 963 F.2d 520, 523 (2d Cir.1992). Thus, "[o]nly when reasonable minds could not differ as to the import of the evidence is summary judgment proper." Maffucci, 923 F.2d at 982.
The Arresting Officers, Maloney, Fox, Whitehead and Lupacchino, argue that they are entitled to summary judgment on Carey's § 1983 claim because (1) Carey has failed to establish that his rights under the United States Constitution were violated and (2) even if Carey's rights were violated the officers are entitled to qualified immunity.
"[G]overnment officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v....
To continue reading
Request your trial
-
Gothberg v. Town of Plainville
...is liable for negligent acts committed by its agents while acting within the scope of their employment.” Carey v. Maloney, 480 F.Supp.2d 548, 566–67 (D.Conn.2007) (footnote omitted). While a municipality is exempt from liability for “negligent acts or omissions which require the exercise of......
-
Zainc v. City of Waterbury
...force claim brought under the U.S. Constitution. Therefore, the Court shall analyze such claims together. See Carey v. Maloney, 480 F.Supp.2d 548, 561 (D.Conn.2007). 4. The Court shall, however, address the parties' arguments in the order it finds to be the most 5. Of course, Galazo may imp......
-
Gustafson v. Vill. of Fairport
...whether the arrestee posed an immediate threat to the safety of others, and whether he actively resisted the arrest." Carey v. Maloney, 480 F.Supp.2d 548, 556 (D.Conn.2007). Here, Defendants argue in favor of their summary judgment motion that this case is the "rare circumstance" in which a......
-
Warr v. Liberatore
...the arrestee posed an immediate threat to the safety of others, and whether he actively resisted the arrest." Carey v. Maloney , 480 F.Supp.2d 548, 556 (D. Conn. 2007). The factors are viewed from the perspective of a reasonable officer at the time of the incident. Graham , 490 U.S. at 396,......