Charron v. Cnty. of York
| Decision Date | 14 April 2020 |
| Docket Number | 2:18-cv-00105-JAW |
| Parties | JOHN A. CHARRON, Plaintiff, v. COUNTY OF YORK et al., Defendants. |
| Court | U.S. District Court — District of Maine |
A person, arrested, charged, indicted, and later vindicated, brings a lawsuit against the county, the arresting deputy, other deputies involved in the investigation, the sheriff who publicized the arrest and supervised the sheriff's office, and a court officer. Regarding his federal claims, the Court grants the defendants' motion for summary judgment because, even after viewing contested facts in the light most favorable to him, the Court is unable to conclude that the defendants committed a constitutional violation against him and, in any event, the defendants are entitled to qualified immunity. Regarding his state law tort claims, the Court similarly concludes that he has failed to show that the defendants committed any of the alleged state torts against him and, in any event, the defendants are entitled to discretionary function immunity under state law.
On March 8, 2018, John Charron filed a complaint in this Court, bringing a civil rights action against York County, Deputy Sheriff Rachel Horning, Deputy Sheriff Darren Cyr, Deputy Sheriff Heath Mains, Sergeant Steven Thistlewood,1 York County Sheriff William King, Jr., and Court Officer Wilfred Vachon (County Defendants), as well as Christopher Moss and Eric Pilvelait. Compl. at 1 (ECF No. 1). On June 18, 2018, the County Defendants filed an answer. Answer, Affirmative Defenses and Jury Trial Demand (Defs. County of York, William L. King, Jr., Rachel Horning, Darren Cyr, Heath Mains, Steven Thistlewood and Bill Vachon) (ECF No. 14).
On July 27, 2018, Mr. Charron filed motions for entry of default and default judgment against Christopher Moss and Mr. Pilvelait. Pl.'s Appl. to Clerk for Default Against Non-County Defs. Christopher Moss and Eric J. Pilvelait (ECF No. 18); Pl.'s Verified Mot. for Default J. Against Non-County Defs. Christopher Moss and Eric J. Pilvelait (ECF No. 19). The Deputy Clerk of Court granted the Motion for Entry of Default on July 30, 2018, Order Granting Mot. for Entry of Default (ECF No. 20), and the Court dismissed the Motion for Default Judgment without prejudice on October 22, 2018, Order (ECF No. 27), because Mr. Charron requested a damages determination by the jury at trial. Pl.'s Mot. for Jury Determination of Damages Against Defaulted Defs. (ECF No. 24); Order (ECF No. 25).
After the parties engaged in discovery, the discovery period closed on April 5, 2019. Order Granting Without Obj. Mot. to Extend Time (ECF No. 51). On April 10, 2019, the County Defendants filed a notice of intent to file a motion for summaryjudgment and need for a pre-filing conference per District of Maine Local Rule 56(h). County Defs.' Notice of Intent to File Mot. for Summ. J. (ECF No. 53). The Court held a conference and set a Local Rule 56(h) schedule on May 16, 2019. Min. Entry (ECF No. 56). On June 20, 2019, the parties jointly filed a stipulated record. Local Rule 56(h) Joint Stipulated R. (ECF No. 59) (JSR).
On July 25, 2019, the County Defendants filed a statement of material facts. County Defs.' Statement of Material Facts in Supp. of Mot. for Summ. J. (ECF No. 69) (DSMF). On the same day, the County Defendants filed a motion for summary judgment. County Defs.' Mot. for Summ. J. (ECF No. 68) (Defs.' Mot.). On October 15, 2019, Mr. Charron filed a response to the County Defendants' Motion for Summary Judgment as well as a response to their statement of material facts, which included a statement of additional material facts. Pl.'s Opp'n; Pl.'s Opposing Statement of Material Facts Including Additional Material Facts Precluding Summ. J. for the County Defs. (ECF No. 86) (for paragraphs 1-93, PRDSMF; for paragraphs 94-199, PSAMF).2 On December 3, 2019, the County Defendants filed a reply to Mr.Charron's response to their statement of material facts and Mr. Charron's statement of additional material facts as well as a reply to Mr. Charron's opposition to their motion for summary judgment. Consolidated Statements of Material Facts Including County Defs.' Resp. to Pl.'s Additional Material Facts (ECF No. 93) (DRPSAMF); County Defs.' Reply Mem. of Law in Supp. of Mot. for Summ. J. (ECF No. 92) (Defs.' Reply).
On December 17, 2019, Mr. Charron filed a motion to extend the time for him to file his response to the County Defendants' reply to Mr. Charron's response to their statement of material facts and Mr. Charron's statement of additional material facts pursuant to District of Maine Local Rule 56(e). Unopposed Verified Mot. by Pl. to Extend Time for Local Rule 56(e) Resp. to Defs.' Reply Statement of Material Facts (ECF No. 94). The Court granted this motion on December 18, 2019. Order Granting Mot. to Extend Time (ECF No. 95). On January 2, 2020, Mr. Charron filed his response. Pl.'s Resp. to Defs.' Reply Statement of Material Facts (ECF No. 96) (PRDRPSAMF).3
On March 8, 2016,5 at approximately 10:30 p.m., Ryan Lemay heard squealing tires and people yelling hostilities at his neighbor, John Charron. PSAMF ¶ 94; DRPSAMF ¶ 94. Mr. Lemay observed a dark vehicle and its occupants pull into Mr. Charron's driveway, yell threats, peel out, come back, yell more threats, and peel out again. PSAMF ¶ 95; DRPSAMF ¶ 95. Mr. Lemay did not hear any threats from Mr. Charron. PSAMF ¶ 95; DRPSAMF ¶ 95. Mr. Lemay called the police emergency line (911) at 10:31 p.m. to report what he saw, providing his phone number and identifying the location of his observation as "the second house on the right" on Langley Shores Drive,6 which is Mr. Charron's residence.7 PSAMF ¶ 96; DRPSAMF ¶ 96;PRDRPSAMF ¶ 96. The 911 operator informed Mr. Lemay that the police "ha[d] got a deputy started that way."8 PSAMF ¶ 97; DRPSAMF ¶ 97.
Deputy Horning was on duty as a patrol deputy for the York County Sheriff's Office on the evening of March 8 and the early morning hours of March 9. DSMF ¶ 1; PRDSMF ¶ 1. Deputy Horning's patrol area that evening included the municipalities of Acton and Shapleigh, Maine, and she was the only patrol deputy assigned to that specific patrol area at that time.9 DSMF ¶¶ 2-3, 72; PRDSMF ¶ 2-3, 72.
At approximately 10:31 p.m. on March 8, Deputy Horning received a report from the Sanford Regional Communications Center (SRCC) that an unidentified caller complained of cars peeling out their tires, yelling, and threats being made onLangley Shores Drive in Acton.10 DSMF ¶ 5; PRDSMF ¶ 5. Deputy Horning and Deputy Cyr, who was also on duty as a patrol deputy, responded to this dispatch call at 10:32 p.m. and 10:33 p.m., respectively. DSMF ¶ 71; PRDSMF ¶ 71; PSAMF ¶ 98; DRPSAMF ¶ 98. Deputy Cyr provided backup to Deputy Horning with regard to this dispatch call. DSMF ¶ 73; PRDSMF ¶ 73.
Before Deputies Horning and Cyr arrived, the dark vehicle which Mr. Lemay observed turned left out of Mr. Charron's driveway and sped up Langley Shores Drive toward Buzzell Road. PSAMF ¶ 99; DRPSAMF ¶ 99. Mr. Charron tried to follow the vehicle to see who was in it, where it went, and whether its occupants were terrorizing anyone else, but the vehicle was out of sight. PSAMF ¶ 100; DRPSAMF ¶ 100. When Mr. Charron got to where Langley Shores Drive starts, at its intersection with Buzzell Road, he turned around to return to his residence. PSAMF ¶ 100; DRPSAMF ¶ 100. As he was driving down Langley Shores Drive back to his residence, Mr. Charron noticed the same vehicle coming at a high rate of speed behind him. PSAMF ¶ 101; DRPSAMF ¶ 101. He pulled over to get out of the way, but the vehicle rear-endedhim in front of the home of Mr. Charron's neighbor, John LeBlanc, the first house on the right on Langley Shores Drive. PSAMF ¶ 101; DRPSAMF ¶ 101.
The hood of the vehicle, which Mr. Charron identified as the Pontiac Sunfire occupied by Eric Pilvelait and Christopher Moss, slid under the rear bumper of Mr. Charron's truck; the Sunfire's broken windshield was consistent with Mr. Charron's memory of the accident and with the Sunfire's front end striking his truck's rear bumper.11 PSAMF ¶ 102; DRPSAMF ¶ 102; PRDRPSAMF ¶ 102. Mr. Charron triedto leave but his truck was stuck to the Sunfire. PSAMF ¶ 103; DRPSAMF ¶ 103. He had to rock his truck back and forth, in forward and reverse, to get free. PSAMF ¶ 103; DRPSAMF ¶ 103. While Mr. Charron was doing this, Christopher Moss exited the passenger side of the Sunfire and tried to attack him, but Mr. Charron got loose and drove away before Christopher Moss could reach him.12 PSAMF ¶ 104; DRPSAMF ¶ 104; PRDRPSAMF ¶ 104. Mr. Charron could see that Mr. Pilvelait was the driver of the Sunfire. PSAMF ¶ 104; DRPSAMF ¶ 104.
Mr. Charron drove back to his residence and turned right into his driveway. PSAMF ¶ 105; DRPSAMF ¶ 105. As he was exiting his truck, he heard the Sunfire race past his driveway down to the end of Langley Shores Drive, where he could hear it peeling out and see its headlights through the trees. PSAMF ¶ 105; DRPSAMF¶ 105. Mr. Charron next noticed that the lights were not moving, and he could hear the engine racing. PSAMF ¶ 106; DRPSAMF ¶ 106. He could tell that the Sunfire was not moving and was apparently stuck in the snow. PSAMF ¶ 106; DRPSAMF ¶ 106.
Mr. Charron got back into his truck and went down the hill to the end of Langley Shores Drive to get a better look.13 PSAMF ¶ 107; DRPSAMF ¶ 107; PRDRPSAMF ¶ 107. He could see that the Sunfire was stuck in the snowbank, as it appears in the digital photos later taken by Deputy Horning. PSAMF ¶ 107; DRPSAMF ¶ 107. He then put his truck in reverse and backed up the hill to return to his residence. PSAMF ¶ 108; DRPSAMF ¶ 108. As he was doing so, he saw Christopher Moss exit the Sunfire and start chasing him. PSAMF ¶ 108; DRPSAMF ¶ 108. While Christopher Moss continued to chase him, Mr. Charron...
To continue reading
Request your trial