Christman v. Kick

• Decision Date: 28 October 2004
• Docket Number: No. CIV.A.3:02 CV 1405 C.,CIV.A.3:02 CV 1405 C.
• Citation: 342 F.Supp.2d 82
• Court: U.S. District Court — District of Connecticut
• Parties: Jeffrey P. CHRISTMAN, Plaintiff v. Trooper KICK (# 0811), Defendant

Page 82

342 F.Supp.2d 82

Jeffrey P. CHRISTMAN, Plaintiff v. Trooper KICK (# 0811), Defendant

No. CIV.A.3:02 CV 1405 C.

United States District Court, D. Connecticut.

October 28, 2004.

John R. Williams, Williams & Pattis, New Haven, CT, for Plaintiff.

Matthew B. Beizer, Attorney General's Office, Hartford, CT, for Defendant.

RULING ON MOTION FOR SUMMARY JUDGMENT

DRONEY, District Judge.

The plaintiff, Jeffrey Christman ("Christman"), brought this action under 42 U.S.C. § 1983 against the defendant, Connecticut State Police Trooper Christopher Kick, ("Trooper Kick"), in his individual capacity, alleging three violations of the United States Constitution: (1) false arrest in violation of the Fourth Amendment; (2) malicious prosecution in violation of the Fourth Amendment; and (3) denial of the equal protection of the laws in violation of the Fourteenth Amendment. Pending is Trooper Kick's Motion for Summary Judgment. For the following reasons, that motion is GRANTED.

I Background¹

On April 10, 2000, Christman was operating his Ford pickup truck westbound on Interstate 95 near Bridgeport, Connecticut, when he was rear-ended by a tractor trailer truck driven by Waymon J. McMahan of Alabama ("McMahan").² After the collision, both vehicles pulled off the highway and the Connecticut State Police were called. Trooper Kick was the responding officer. After arriving on the scene, Trooper Kick investigated the incident and confirmed by physical evidence that McMahan's truck had struck the rear bumper of Christman's vehicle. As part of his investigation, Trooper Kick questioned Christman and McMahan, and obtained written statements from both.

The statements of Christman and McMahan, attached to Trooper Kick's police report, indicate two very different versions of the events leading up to the collision. McMahan stated that he was traveling in the center lane of the three-lane highway when Christman pulled up next to him and "started playing games," including yelling and gesturing. Christman then pulled in front of McMahan and "kept slamming on his brakes." When McMahan changed lanes, so did Christman, who "kept braking" in front of McMahan's vehicle. After trying to avoid Christman, McMahan eventually struck him from behind.

Christman stated that he was driving in the left, high-speed, lane of the highway when McMahan sped up from behind and began tailgating him. Christman motioned to McMahan to move to the center lane, "which after some time he eventually did." McMahan then pulled up alongside Christman, who rolled down his window and yelled, "third lane, no," apparently because he believed that truckers were prohibited from that lane. McMahan swore at Christman in response, and then Christman moved into the center lane in front of McMahan, who again began tailgating him. Christman "tapped" his brakes twice. Christman then moved into the right lane to exit, and McMahan followed him, still tailgating, and Christman "tapped" his breaks twice more. Then McMahan struck the rear of Christman's Ford twice. Christman motioned to McMahan to exit the highway, and he initially refused, but then left the highway on exit 18.

After interviewing both defendants and reviewing the damage to the vehicles, Trooper Kick issued an infraction to McMahan for following too closely for a commercial vehicle, in violation of Conn. Gen.Stat. § 14-240, and arrested Christman for reckless driving, in violation of Conn. Gen.Stat. § 14-222. After his arrest, Christman was taken to the state police barracks, where he posted bond and was released. On February 4, 2002, the Assistant State's Attorney nolled the charge against Christman.

Trooper Kick's police report indicates that he relied on the two statements in charging McMahan and Christman, the visible damage to Christman's Ford, and Christman's demeanor when he was being questioned: "Throughout ... questioning [Christman] seemed very upset and at times uncooperative either refusing to answer questions, or only partially answering them."³

Trooper Kick has moved for summary judgment on the grounds that he had probable cause to arrest Christman, he is entitled to qualified immunity, and there is no basis for Christman's equal protection claim.

II Summary Judgment Standard

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, 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." 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.) cert. denied, 502 U.S. 849, 112 S.Ct. 152, 116 L.Ed.2d 117 (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.

III Discussion

A) False Arrest Claim

Christman alleges that Trooper Kick violated the Fourth Amendment by arresting him on the charge of reckless driving without probable cause. Kick contends that he had probable cause as a matter of law, and, even if he did not, he is entitled to qualified immunity. Because the existence of probable cause is an absolute defense to a claim for false arrest, the Court will address that issue first. See Weyant v. Okst, 101 F.3d 845, 852 (2d Cir.1996) ("The existence of probable cause to arrest constitutes justification and is a complete defense to an action for false arrest, whether that action is brought under state law or under § 1983."); Singer v. Fulton County Sheriff, 63 F.3d 110, 118 (2d Cir.1995) (in a false arrest claim, a finding of probable cause subsumes the issue of qualified immunity).

1. Probable Cause

"To establish a claim for false arrest under 42 U.S.C. § 1983, a plaintiff is required to show that `the defendant intentionally confined him without his consent and without justification.'" Escalera v. Lunn, 361 F.3d 737, 743 (2d Cir.2004) (quoting Weyant, 101 F.3d at, 852). Probable cause to arrest constitutes "justification," and, therefore, when an arresting officer has probable cause to arrest the plaintiff, there can be no cause of action for false arrest.<sup>4</sup> Id.; Singer, 63 F.3d at 118-19. "Probable cause to arrest exists when the arresting officer has `knowledge or reasonably trustworthy information of facts and circumstances that are sufficient to warrant a person of reasonable caution in the belief that the person to be arrested has committed or is committing a crime.'" Escalera, 361 F.3d at 743 (quoting Weyant, 101 F.3d at 852); see also, e.g., Jocks v. Tavernier, 316 F.3d 128, 135 (2d Cir.2003) ("Probable cause to arrest should be determined based on what the officer knew at the time of the arrest."). More specifically, "[w]hen information is received from a putative victim or an eyewitness, probable cause exists ... unless the circumstances raise doubt as to the person's veracity." Curley v. Village Of Suffern, 268 F.3d 65, 70 (2d Cir.2001) (internal citation omitted); accord Loria v. Gorman, 306 F.3d 1271, 1289-90 (2d Cir.2002); Fulton v. Robinson, 289 F.3d 188, 195 (2d Cir.2002); Lee v. Sandberg, 136 F.3d 94, 103 (2d Cir.1997); Singer, 63 F.3d at 119; Thomas v. County of Putnam, 262 F.Supp.2d 241, 246 (S.D.N.Y.2003); Donovan v. Briggs, 250 F.Supp.2d 242, 251 (W.D.N.Y.2003).⁵ This is because the law does "not impose a duty on an arresting officer to investigate exculpatory defenses offered by the person being arrested or to assess the credibility of unverified claims ... before making an arrest." Jocks, 316 F.3d at 135; see also Ricciuti v. N.Y.C. Transit Auth., 124 F.3d 123, 128 (2d Cir.1997) (rejecting argument that the police were obligated to investigate the defendant's claim of self-defense before arresting him). As the Second Circuit has emphasized on numerous occasions, a police officer is "not required to explore and eliminate every theoretically plausible claim of innocence...