Ciampi v. City of Palo Alto

• Decision Date: 11 May 2011
• Docket Number: Case No. 09–CV–02655–LHK.
• Citation: 790 F.Supp.2d 1077
• Parties: Joseph CIAMPI, Plaintiff,v.CITY OF PALO ALTO, a government entity; Lynne Johnson, an individual; Chief Dennis Burns, an individual; Officer Kelly Burger, an individual; Officer Manuel Temores, an individual; Officer April Wagner, an individual; Agent Dan Ryan; Sergeant Natasha Powers, individual, Defendants.
• Court: U.S. District Court — Northern District of California

790 F.Supp.2d 1077

Joseph CIAMPI, Plaintiff,

v.CITY OF PALO ALTO, a government entity; Lynne Johnson, an individual; Chief Dennis Burns, an individual; Officer Kelly Burger, an individual; Officer Manuel Temores, an individual; Officer April Wagner, an individual; Agent Dan Ryan; Sergeant Natasha Powers, individual, Defendants.

Case No. 09–CV–02655–LHK.

United States District Court, N.D. California,San Jose Division.

May 11, 2011.

Joseph Ciampi, Palo Alto, CA, pro se.Steven A. Sherman, Ferguson Praet & Sherman, A Professional Corporation, Santa Ana, CA, for Defendants.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

LUCY H. KOH, District Judge.

Plaintiff Joseph Ciampi, proceeding pro se, brings the instant action against the City of Palo Alto and current and former employees of the Palo Alto Police Department. Plaintiff's claims arise out of an incident on March 15, 2008 that resulted in Plaintiff's arrest and the use of Taser guns against him. The criminal charges against Plaintiff were dismissed, and Plaintiff now seeks redress for alleged violations of his Fourth and Fourteenth Amendment rights, as well as violations of state law. The action is before the Court on Defendants' motion for summary judgment. The Court held oral argument on April 21, 2011.

Having considered the arguments and submissions of the parties, the Court GRANTS in part and DENIES in part Defendants' motion for summary judgment. Specifically, the Court GRANTS summary adjudication in favor of Defendants on the following claims: (1) first cause of action under 42 U.S.C. § 1983; (2) fifth cause of action for defamation; (3) sixth cause of action for malicious prosecution; and (4) seventh cause of action for false imprisonment and false arrest. The Court DENIES summary adjudication on the following claims: (2) second cause of action for assault and battery; (3) third cause of action for intentional infliction of emotional distress; and (4) fourth cause of action for negligence.

I. Background

A. The March 15, 2008 Incident

This case arises out of an incident that occurred on March 15, 2008, in which officers of the Palo Alto Police Department used Taser guns to subdue and arrest Plaintiff Joseph Ciampi. On the morning of March 15, 2008, Plaintiff was sleeping in his vehicle, a 1985 Dodge Ram van, which was parked on Lincoln Street in a residential neighborhood of Palo Alto, California. Second Amended Complaint (“SAC”) ¶ 14. Plaintiff claims that he had been parking his vehicle on Lincoln Avenue and neighboring streets on and off for nearly ten years. Decl. of Joseph Ciampi in Supp. of Pl.'s Opp'n to Defs.' Mot. for Summary Judgment (“Ciampi Decl.”) ¶ 63. That morning, Palo Alto resident Ken Alsman called the Palo Alto police to complain about a man living in a van outside his house. SAC ¶ 15; Decl. of Steven Al. Sherman in Supp. of Defs.'s Mot. for Summary Judgment (“Sherman Decl.”), Ex. 18. Defendants have submitted a recording of the 911 call Mr. Alsman made to the Palo Alto police dispatch, Sherman Decl. ¶ 21 & Ex. 18, and Plaintiff also provides a transcript of the call, which conforms to the recording provided by Defendants.¹ Ciampi Decl. Ex. 548–2–548–5. On the call, Mr. Alsman stated that a man, acknowledged by all parties to be Plaintiff, had been parking and living on the street outside his house and “scares the daylights out of [Mr. Alsman's] wife.” Sherman Decl. Ex. 18. Mr. Alsman acknowledged that Plaintiff had never threatened his wife, but stated that he scares his wife and that “it's sort of a veiled threat ... he's out there all the time.” Id. Mr. Alsman also stated that his wife was coming back from vacation, and his young daughter was coming back from school, and he did not want Plaintiff to be there when they returned. Id. The dispatcher advised Mr. Alsman that there was no law against living in a vehicle, but stated that “we'll check it out.” Id. The parties appear to agree that Plaintiff was not violating any laws by sleeping or living in his parked vehicle.

At approximately 10:07 a.m. on March 15, 2008, Defendant Police Officers Manuel Temores and Kelly Burger were dispatched to Lincoln Street based on Mr. Alsman's report. Palo Alto Police Department Report 08–1777 (including reports by Officers Temores, Wagner, and Burger), Sherman Decl. Ex. 2 at 29, 38. Defendant Police Officer April Wagner also responded to the call. Id. at 33. Defendant Temores arrived at the scene first, followed by Defendant Wagner. Id. at 33, 38. At the location identified by Mr. Alsman, Temores and Wagner saw a blue van with windows that were “boarded up” with cardboard or “blackened.” Id. at 29, 33. Temores and Wagner approached the van and knocked on its exterior. Id. at 29, 33. Their reports of the incident conflict as to whether they heard a response from inside the van, but they agree that after knocking, Defendant Wagner opened the van's side door, which she claims was unlocked and partially open. Id. at 29, 33. Plaintiff claims that he was asleep and wearing earplugs at the time, and that he was awakened by a noise outside the van. Ciampi Decl. ¶ 65. He claims that before he could identify the noise, an unknown person began to open the door to his van. Id. Startled, he shut and locked the door. Id.

After Plaintiff shut the van door, Defendants Wagner and Temores explained that they just needed to speak with him and told him to open the door so they could talk to him. Sherman Decl. Ex. 2 at 29, 33; Ciampi Decl. ¶ 65. Plaintiff told the police officers that he did not want to talk to them and remained in the van with the door closed and locked. Sherman Decl. Ex. 2 at 29, 33; Ciampi Decl. ¶ 65. Eventually, Defendant Temores “used a bluff” to induce Plaintiff to exit the van. Sherman Decl. Ex. 2 at 29. He first informed Plaintiff that they intended to tow his vehicle for overnight parking and then pretended to use his radio to ask dispatch to send out a tow truck. Id. at 29, 33. This induced Plaintiff to open the door and exit the van, barefoot and wearing only a T-shirt and shorts. Id. at 29, 33; Ciampi Decl. at 66–67. In their reports on the incident, Defendants Temores and Wagner state that Ciampi was very angry when he exited the van and came out screaming at them. Sherman Decl. at 29, 33. Plaintiff acknowledges that he was “upset” and “agitated” because he believed (apparently correctly) that he was not violating any law and had the right to refuse to speak with the police. Ciampi Decl. ¶ 65–66. Once he exited the vehicle, Plaintiff demanded to know what ordinance he was accused of violating and why Defendants intended to tow his vehicle. Ciampi Decl. ¶¶ 66–67. Defendant Wagner's report characterizes Plaintiff's behavior as “verbally abusive and argumentative” and states that he was “completely uncooperative and used angry words.” Sherman Decl. at 33. Defendant Temores's report states that he “felt scared and threatened by the way [Plaintiff] exited the van in such an explosive manner.” Id. at 29.

Shortly after Plaintiff exited the van, Defendant Burger arrived on the scene. In his report, Burger states that when he exited his patrol car, he heard a man using profanity and raising his voice. Sherman Decl. Ex. 2 at 38. Burger's report also states that when he arrived at the van, Plaintiff appeared very upset, and his fists were clenched. Id. Around that time, Defendant Burger commented that Plaintiff was likely under the influence of drugs. Id. at 33. The Defendants' reports state that they observed “pock marks” or abscesses on Plaintiff's arms similar to those associated with heroin addicts and other persons who use intravenous drugs. Id. at 30, 33, 38. The police reports also state that Plaintiff's pupils were either dilated or constricted. See id. at 30 (Temores report stating that Plaintiff's pupils were dilated); id. at 38 (Burger report stating that Plaintiff's pupils were constricted to 3.0–1.5 millimeters). Based on these observations, as well as Plaintiff's agitation, Defendants state that they believed Plaintiff was likely under the influence of a controlled substance. Id. at 30, 33, 38. Indeed, Plaintiff states that Defendant Temores accused him of being a heroin addict, and that Plaintiff vehemently denied the accusation. Ciampi Decl. ¶ 68; SAC ¶ 25; see also Sherman Decl. Ex. 15 at 10:10:06–08 (MAV recording in which a voice says, “Are you a heroin addict or what?”). Plaintiff acknowledges that he has a skin condition that causes sores on his skin, but claims that the sores were on the tops of his arms, not on his veins.² Ciampi Decl. ¶ 68. Plaintiff states that he pointed this out to Defendants at the time, explaining that “drug users don't shoot into the tops of their arms, they shoot into their veins.” Ciampi Decl. ¶ 68; Sherman Decl. Ex. 15 at 10:10:07–14. Plaintiff also claims that at some point around this time, he heard Defendant Burger say that Plaintiff was under arrest. Id. ¶ 69. Plaintiff did not know for what he was being arrested. Id. At this point, the situation quickly escalated, and Plaintiff and Defendants provide somewhat differing accounts of what occurred.

B. Defendants' Account of the Use of Force

According to the Defendants, at some point, either after Burger used the term “550” (short for Health and Safety Code § 11550(a), being under the influence of a controlled substance) or after Burger asked Plaintiff to step away from the van door, Plaintiff jumped back into the van. Sherman Decl. Ex. 2 at 30, 33, 38. This concerned the Defendants because the van was unsecured, and they did not know whether Plaintiff had a weapon accessible. Id. at 30, 38. Defendant Burger told Plaintiff to exit the van, but Plaintiff instead starting making a call on his cell phone. Id. at 30, 33. When Plaintiff remained in the van, Defendants Burger and Temores activated their Tasers and pointed them at Plaintiff's chest. Id. at 30, 38. Although Burger warned Plaintiff t...