Carlow v. Mruk

• Decision Date: 28 March 2006
• Docket Number: No. Civ.A. 04-325S.,Civ.A. 04-325S.
• Parties: Robert CARLOW, James Perry, William Perry, and David Gorman Plaintiffs, v. Stanley MRUK and Conrad Burns in their personal and official capacities Defendants.
• Court: U.S. District Court — District of Rhode Island

425 F.Supp.2d 225

Robert CARLOW, James Perry, William Perry, and David Gorman Plaintiffs, v. Stanley MRUK and Conrad Burns in their personal and official capacities Defendants.

No. Civ.A. 04-325S.

United States District Court, D. Rhode Island.

March 28, 2006.

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

Gary D. Berkowitz, Providence, RI, for Plaintiffs.

George H. Rinaldi, Little, Medeiros, Kinder, Bulman & Whitney, Providence, RI, for Defendants.

ORDER

SMITH, District Judge.

The Report and Recommendation of United States Magistrate Judge David L. Martin filed on March 10, 2006, in the above-captioned matter is accepted pursuant to Title 28 United States Code § 636(b)(1). Plaintiffs' Motion for Summary Judgment is DENIED and Defendants' Motion for Summary Judgment is GRANTED.

REPORT AND RECOMMENDATION

MARTIN, United States Magistrate Judge.

Before the court are Plaintiff's [sic] Motion for Summary Judgment (Document ("Doc.") # 15) ("Plaintiffs' Motion") and Defendants' Motion for Summary Judgment (Doc. # 17) ("Defendants' Motion") (collectively the "Motions"). The Motions have been referred to me for preliminary review, findings, and recommended disposition pursuant to 28 U.S.C. § 636(b)(1)(B). A hearing was conducted on October 5, 2005. After reviewing the filings, listening to oral argument, and performing independent research, I recommend that Plaintiffs' Motion be denied and that Defendants' Motion be granted.

Facts¹ and Travel

The Coventry Fire District (the "District") was established in 1889 by special legislation (the "Authorizing Act") for the purpose of preventing and fighting fires in a limited area of the Town of Coventry known as Anthony. Defendants' Statement of Undisputed Facts (Doc. # 18) ("Defendants' SUF") ¶ 1. The District's fire department is known as the Anthony Fire Department. Id. ¶ 7. Plaintiffs Robert Carlow and James Perry are firefighters in the Anthony Fire Department.² Complaint (Doc. # 1) ¶¶ 1-2; Answer (Doc. # 5) ¶ 1-2; Plaintiffs' Statement of Undisputed Facts (Doc. # 16) ("Plaintiffs' SUF") ¶¶ 1-3; Defendants' Response to Plaintiffs' Statement of Undisputed Facts (Doc. # 20) ("Defendants' Response") ¶¶ 1-3. Plaintiff William Perry is a "former Coventry firefighter."³ Complaint ¶ 3; Answer ¶ 3. Plaintiffs allege that Plaintiff David Gorman is also a "Coventry firefighter."⁴ Complaint ¶ 4. Plaintiffs are not residents of the District. Defendants' SUF ¶¶ 17, 19, 21, 23.⁵ Defendant Stanley Mruk ("Chief Mruk") is the Chief of the District. Id. ¶ 5; see also Complaint ¶ 5. Defendant Conrad Burns is the District's auditor and moderator.⁶ Defendants' SUF ¶ 4; Complaint ¶ 7.

In accordance with the terms of the Authorizing Act, the District holds its annual meeting on the second Tuesday in December. Defendants' SUF ¶ 2. During the annual meeting, the residents of the District adopt a budget and tax rate for the upcoming year, elect officers to vacant positions, and vote on resolutions governing the operation of the District and the Anthony Fire Department. Id. ¶ 7. Residents of the District are allowed to speak after coming to the podium and giving their names and addresses. Id. ¶ 14. Nonresidents are allowed to attend the annual meeting, but they are not allowed to speak or otherwise participate and must sit in a separate area from the voters. Id. ¶ 16. Pursuant to Rhode Island law, the District's annual meetings are run by the District's moderator, Mr. Burns. Id. ¶ 4. Any rules and decisions made by Mr. Burns are subject to being overruled by a majority vote of the voters attending the annual meeting. Id. ¶ 8. Chief Mruk presents reports and the proposed budget and responds to questions from District residents at the annual meeting. Id. ¶ 5.

The 2003 annual meeting was held on December 9, 2003. Id. ¶ 3; see also Defendants' Memorandum of Law in Support of Their Motion for Summary Judgment ("Defendants' S.J. Mem."), Exhibit ("Ex.") 4 (Minutes of Coventry Fire District 2003 annual meeting) ("Minutes") at 1. Plaintiffs were present at the meeting. See Defendants' SUF ¶¶ 18, 20, 22, 24; see also Complaint ¶ 12. At the start of the meeting, Mr. Burns announced the rules of order, which included prohibitions on non-residents speaking or otherwise participating in the meeting, Defendants' SUF ¶ 9, and videotaping⁷ of the meeting except by members of the press, id. ¶ 11. A motion was made by a voter to reverse the latter prohibition, but it was upheld on a hand vote.⁸ Id. ¶ 12. It is undisputed that at some point Mr. Gorman was escorted from the meeting by the Coventry Police. See Complaint 21; Plaintiffs' SUF ¶ 9; Defendants' Response ¶ 9. Plaintiffs further allege that Mr. Carlow was threatened with removal from the meeting.⁹ Complaint ¶ 24; Plaintiffs' SUF ¶ 10.

Plaintiffs filed the instant Complaint (Doc. # 1) on July 29, 2004. The Complaint contains a single count in which Plaintiffs allege that "Defendants' actions violate 42 U.S.C. § 1983 and the Plaintiffs' First Amendment rights." Complaint ¶ 32. Plaintiffs request the following relief: (a) "declaratory relief establishing the right of the Plaintiffs and others to videotape or otherwise record or photograph public meetings, be in attendance and to speak at Fire District Meetings in the same manner and circumstances as other members of the public," Complaint at 3; (b) compensatory and punitive damages, id.; (c) reasonable attorneys' fees pursuant to 42 U.S.C. § 1988, id.; and (d) "any other appropriate relief," id. On September 24, 2004, Defendants filed their Answer (Doc. # 5) to the Complaint.

Plaintiffs' Motion (Doc. # 15), with supporting memorandum, and Plaintiffs' SUF (Doc. # 16) were filed on July 29, 2005, as were Defendants' Motion (Doc. # 17), memorandum in support thereof, and Defendants' SUF (Doc. # 18). On August 31, 2005, Defendants filed an Objection to Plaintiffs' Motion for Summary Judgment (Doc. # 19) ("Defendants' Objection"), supporting memorandum, and Defendants' Response to Plaintiffs' Statement of Undisputed Facts (Doc. # 20) ("Response to Plaintiffs' SUF"). Plaintiffs have not filed a response to Defendants' Motion or Defendants' SUF. See Docket.

Discussion

I. Summary judgment standard

Summary judgment is appropriate where "the pleadings, depositions, 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 and that the moving party is entitled to a judgment as a matter of law." Kearney v. Town of Wareham, 316 F.3d 18, 21 (1st Cir.2002)(quoting Fed.R.Civ.P. 56(c)); accord ATC Realty, LLC v. Town of Kingston, 303 F.3d 91, 94 (1st Cir.2002). "A dispute is genuine if the evidence about the fact is such that a reasonable jury could resolve the point in the favor of the non-moving party. A fact is material if it carries with it the potential to affect the outcome of the suit under the applicable law." Santiago-Ramos v. Centennial P.R. Wireless Corp., 217 F.3d 46, 52 (1st Cir. 2000) (quoting Sánchez v. Alvarado, 101 F.3d 223, 227 (1st Cir.1996)).

In ruling on a motion for summary judgment, the court must examine the record evidence "in the light most favorable to, and drawing all reasonable inferences in favor of, the nonmoving party." Feliciano de la Cruz v. El Conquistador Resort & Country Club, 218 F.3d 1, 5 (1st Cir.2000)(citing Mulero-Rodriguez v. Ponte, Inc., 98 F.3d 670, 672 (1st Cir. 1996)). "[W]hen the facts support plausible but conflicting inferences on a pivotal issue in the case, the judge may not choose between those inferences at the summary judgment stage." Coyne v. Taber Partners I, 53 F.3d 454, 460 (1st Cir.1995). Furthermore, "[s]ummary judgment is not appropriate merely because the facts offered by the moving party seem more plausible, or because the opponent is unlikely to prevail at trial. If the evidence presented is subject to conflicting interpretations, or reasonable men might differ as to its significance, summary judgment is improper." Gannon v. Narragansett Elec. Co., 777 F.Supp. 167, 169 (D.R.I.1991) (citation and internal quotation marks omitted).

The non-moving party, however, may not rest merely upon the allegations or denials in its pleading, but must set forth specific facts showing that a genuine issue of material fact exists as to each issue upon which it would bear the ultimate burden of proof at trial. See Santiago-Ramos v. Centennial P.R. Wireless Corp., 217 F.3d 46, 53 (1st Cir.2000)(citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)). "[T]o defeat a properly supported motion for summary judgment, the nonmoving party must establish a trial-worthy issue by presenting enough competent evidence to enable a finding favorable to the nonmoving party." ATC Realty, LLC v. Town of Kingston, 303 F.3d 91, 94 (1st Cir.2002)(quoting LeBlanc v. Great Am. Ins. Co., 6 F.3d 836, 842 (1st Cir.1993)) (alteration in original)(internal quotation marks omitted).

II. Defendant Mruk

Defendants argue that the allegations against Chief Mruk should be dismissed because under Rhode Island law he played no role whatsoever in the conduct of the December 9, 2003, annual meeting and should not be held liable for the decisions of Defendant Burns. See Defendants' S.J. Mem. at 5-6. Plaintiffs claim that "all of [Mr. Burns'] actions described herein were taken under the instruction, and with the approval of Defendant Stanley Mruk." Complaint ¶ 7.

The Rhode Island General Laws provide that "Mu all meetings of the electors or voters in a town, representative district, or voting district, the moderator of the meeting shall preside." R.I. Gen. Laws § 45-3-17 (1999 Reenactment). Further, "[e]very moderator has the power to manage and regulate the business of each meeting, conforming to law, and to maintain peace and good order at the meeting." R.I. Gen. Laws § 45-3-18 (1999 Reenactment); see also Pine v. McGreavy, 687 A.2d 1244, 1245 (R.I.1997)(ci...