Ciolino v. Eastman
| Decision Date | 03 September 2015 |
| Docket Number | Civil Action No. 13-cv-13300-ADB |
| Citation | 128 F.Supp.3d 366 |
| Parties | Cinsia Ciolino and Alfonso Ciolino, Plaintiffs, v. Aaron Eastman, et al., Defendants. |
| Court | U.S. District Court — District of Massachusetts |
Robert S. Sinsheimer, Sinsheimer & Associates, Lauren M. Thomas, Lauren Thomas Law, Boston, MA, for Plaintiffs.
Stephen C. Pfaff, Louison, Costello, Condon & Pfaff, LLP, Boston, MA, for Defendants.
MEMORANDUM & ORDER ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT
On the evening of June 30, 2013, while attending the annual St. Peter's Festival in Gloucester, Massachusetts, Plaintiff Alfonso Ciolino ("Mr. Ciolino") was arrested by officers of the Essex County Sheriff's Department and the Gloucester Police Department. Mr. Ciolino, along with his wife Cinsia Ciolino ("Mrs. Ciolino"), filed this civil action asserting various federal and state-law claims against the arresting officers, the Sheriff of Essex County, and the City of Gloucester. Plaintiffs allege that the arresting officers used excessive force during Mr. Ciolino's arrest, in violation of his constitutional rights, and that they conspired to provide false information to the Gloucester Police Department, resulting in criminal charges against Mr. Ciolino. Currently before the Court is a Motion for Summary Judgment filed by defendants Aaron Eastman, David Earle, and George Gikas, all of whom are officers of the Essex County Sheriff's Department, and Frank Cousins, Jr., Sheriff of Essex County ("Cousins"). For the reasons set forth herein, defendants' Motion is ALLOWED IN PART and DENIED IN PART.
Plaintiffs Alfonso and Cinsia Ciolino ("Plaintiffs") filed their original Complaint on December 31, 2013, naming the City of Gloucester, Gloucester Police Officer Brian Crowley, Essex County Sheriff Frank Cousins, Jr., and an unnamed member of the Essex County Sheriff's Department as defendants [ECF No. 1]. Plaintiffs filed an Amended Complaint on July 31, 2014 [ECF No. 29], which named Essex County Sheriff's Department officers Aaron Eastman, David Earle, and George Gikas as additional defendants. On October 8, 2014, Plaintiffs voluntarily dismissed defendant Crowley [ECF No. 38], and on November 11, 2014, they voluntarily dismissed the City of Gloucester [ECF No. 45]. In February 2015, the remaining defendants (Sheriff Cousins, and Officers Eastman, Earle, and Gikas) moved for summary judgment on all claims alleged in Plaintiffs' Amended Complaint [ECF No. 58]. Their Motion was accompanied by a Memorandum of Law [ECF No. 59], and a Statement of Material Facts pursuant to Local Rule 56.1 [ECF No. 60].
On April 6, 2015, Plaintiffs filed their Opposition to Defendants' Motion for Summary Judgment [ECF No. 66], along with a Counter-Statement of Material Facts pursuant to Local Rule 56.1 [ECF No. 65]. Plaintiffs do not oppose the Motion for Summary Judgment with respect to defendant Cousins, who was not involved in Mr. Ciolino's arrest. [ECF No. 6, 1] Plaintiffs argue that summary judgment is not warranted as to defendants Eastman, Earle, and Gikas (collectively, "Defendants"), each of whom personally participated in Mr. Ciolino's arrest.
The following facts are undisputed, unless otherwise noted. Additional relevant facts will be discussed as needed in this Memorandum.
On June 30, 2013, the Plaintiffs arrived for dinner at Mrs. Ciolino's mother's home at approximately 8pm [Defendants' Rule 56.1 Statement of Undisputed Material Facts ("Def. Facts") ¶ 1, ECF No. 60].
Each of them drank two beers with dinner, and they subsequently drove to the St. Peter's Festival in Gloucester [Id. ¶¶ 2-4]. At approximately 11:30pm, Plaintiffs left a nearby café with their friends Vincent and Lillian LoGrasso [Id. ¶¶ 5-6]. Mr. Ciolino and Mr. LoGrasso went to the St. Peter's Club, where Mr. Ciolino is a member, to use the restroom [Id. ¶ 6; see Deposition of Alfonso Ciolino, ECF No. 60-4 ("A. Ciolino Dep.") at 16:5-10].1
When Mr. Ciolino and Mr. LoGrasso exited the St. Peter's Club, law enforcement officers and K-9 dogs from the Essex County Sheriff's Department and the Gloucester Police Department were present in the area surrounding the club [Def. Facts ¶ 10]. Defendant George Gikas, a Sergeant of the Essex County Sheriff's Department ("Sergeant Gikas"), was assigned to K-9 duty the night of June 30th [Id. ¶ 21]. Defendant officers Eastman and Earle, who are also employed by the Essex County Sheriff, were assigned to plainclothes duty [Id. ¶ 26]. All three officers were standing in the area outside the St. Peter's Club when Mr. Ciolino exited. Upon leaving the club, Mr. Ciolino noticed the law enforcement officers and the K-9 dogs, and he testified during his deposition that they appeared to be "ready to kick everybody out." [A. Ciolino Dep. at 16:10-11].
The parties disagree about the size of the crowd outside the St. Peter's Club on the night of June 30th. Although Officer Eastman and Sergeant Gikas testified that there were approximately 200-250 people in the area [see Def. Facts ¶ 8; Deposition of Aaron Eastman, ECF No. 60-6 ("Eastman Dep.") at 9:23-24; Deposition of George Gikas, ECF No. 60-5 ("Gikas Dep.") at 12:1], Mr. Ciolino estimated that there were only about 50 people in the crowd [A. Ciolino Dep. at 28:20-22], and Mrs. LoGrasso testified that there were as few as 30 people in the crowd [Deposition of Lillian LoGrasso, ECF No. 65-1 ("L. Lograsso Dep.") at 25:21-22].
The parties also disagree over whether the crowd, and Mr. Ciolino in particular, was compliant with orders to clear the area. Officer Eastman testified that law enforcement officers were continually giving the crowd orders to disperse, and that some in the crowd refused to move [Eastman Dep. at 9:24-10:2; see also ECF No. 60-8 (Gikas Memo dated 7/1/2013) ]. Mr. Ciolino testified that he did not hear any law enforcement officer give orders to disperse [A. Ciolino Dep. at 39:2-7]. Mrs. Ciolino testified that she heard no orders to move along or disperse until after her husband had been arrested [Deposition of Cinsia Ciolino ( ), ECF No. 65-3, at 18:1-11, 21:18-21]. Sergeant Gikas, however, testified that he specifically told Mr. Ciolino to "move along." [Gikas Dep. at 11:21-12:1].
The parties agree that upon encountering the K-9s and officers outside the club, Mr. Ciolino loudly stated [Def. Facts ¶¶ 16, 20; A. Ciolino Dep., ECF No. 65-2, at 82:1-6]. The parties further agree that Mr. Ciolino made a gesture with his arm while saying this [A. Ciolino Dep., ECF No. 60-4, at 76:9-13]. Defendants, however, characterize Mr. Ciolino's actions as "taunting" the K-9 dogs, waving his hands within two feet of the dogs' faces [Eastman Dep. at 11:13-14]. Sergeant Gikas testified that Mr. Ciolino was "yelling," and "lunging" at his dog, "aggravating," "teasing," and "taunting" it [Gikas Dep. at 12:3-14]. Officer Eastman also testified that he observed Mr. Ciolino inciting the crowd, by yelling to the crowd, turning towards the dogs, and then turning back towards the crowd, with his hands "animated" and "up in the air." [Eastman Dep. at 14:21-24]. Mr. Ciolino denies taunting the dogs or inciting the crowd [A. Ciolino Dep. at 82-84], and other witnesses to the events provided affidavits stating that they never saw Mr. Ciolino threaten, lunge at, or make any other sudden movements towards the K-9s or officers [See Affidavit of Peter Giordano, ECF No. 65-5, ¶ 11; Affidavit of Sabrina Giordano, ECF No. 65-6, ¶¶ 10-11]. After Mr. Ciolino made the motion or gesture with his hand, Sergeant Gikas approached Mr. Ciolino, grabbed him by the shirt collar, and pulled him down to the ground to place him under arrest for allegedly disturbing the peace and disorderly conduct [Def. Facts ¶ 32].
The record contains a 23-second video recording of Mr. Ciolino's arrest, which appears to have been taken from a camera or camera phone in a building above street level [Video of the Incident ("Video"), ECF No. 60-10].2 The video footage shows a group of approximately 15 people gathered behind a street barrier, in a sidewalk area. It is not clear whether the video captures the entire crowd, or only a small portion of it. Some people in the crowd appear to be moving along the sidewalk, and some are stationary. Sergeant Gikas can be observed standing in the street, facing the crowd with his K-9 dog, approximately six feet away from the sidewalk. Another officer and a second K-9 dog are standing in front of Sergeant Gikas, within two feet of the people on the sidewalk. Officers Eastman and Earle, both in plainclothes, are standing in the street behind Gikas, also facing the crowd. Both K-9 dogs are barking continuously in the direction of the crowd, but the video and audio are not clear enough to determine whether the law enforcement officers are speaking or giving commands.
In the video, Mr. Ciolino walks on the sidewalk, approximately two to three feet away from the second officer and his K-9 dog, and approximately eight to ten feet away from Sergeant Gikas and his K-9. Mr. Ciolino pauses in front of the second officer's dog, and then lifts out his arm, which appears to come within a foot or two of the dog's head. Mr. Ciolino then turns around, with his back towards the officers.3 The second officer does not immediately react. Sergeant Gikas, however, takes several steps towards Mr. Ciolino, grabs him by the shirt collar, and, with one hand, pulls Mr. Ciolino's body backwards into the street and down onto the pavement. Mr. Ciolino falls on his side. As he falls, Officers Eastman and Earle approach. Each of them grabs one of Mr. Ciolino's arms, briefly lifting him up before pushing him back down to the ground on his stomach. With Mr. Ciolino still on the ground, they pull his arms behind his back and place him...
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