Collins v. West Hartford Police Dept.

• Decision Date: 27 July 2005
• Docket Number: No. 3:04 CV 1024 JBA.,3:04 CV 1024 JBA.
• Citation: 380 F.Supp.2d 83
• Court: U.S. District Court — District of Connecticut
• Parties: Herschel COLLINS v. WEST HARTFORD POLICE DEPT., et al.

380 F.Supp.2d 83

Herschel COLLINS v. WEST HARTFORD POLICE DEPT., et al.

No. 3:04 CV 1024 JBA.

United States District Court, D. Connecticut.

July 27, 2005.

COPYRIGHT MATERIAL OMITTED

Herschel Collins, Manchester, CT, pro se.

Marcia J. Gleeson, Sack, Spector & Karsten, Patrick G. Alair, Corporation Counsel's Office, West Hartford, CT, William C. Berry, Noble, Spector, Young & O'Connor, Lisa A. Silvestri, Daniel R. Schaefer, Robert William Clark, Attorney General's Office, Ralph G. Elliot, William S. Fish, Jr., Tyler Cooper & Alcorn Cityplace, Hartford, CT, Michelle N. Holmes, Law Office of Michelle N. Holmes, Waterbury, CT, Canera L. Pagano, John F. Costa, Matthew M. Sconziano, Heidell, Pittoni, Murphy & Bach, Stamford, CT, Elias A. Alexiades New Haven, CT, for West Hartford Police Dept., et al.

Ruling on Defendants' Motions to Dismiss [Docs. 72, 74, 75, 80, 87, 89]

ARTERTON, District Judge.

Pro-se plaintiff Herschel Collins ("Collins") commenced this action against thirteen defendants alleging a conspiracy to deprive him of his constitutional rights, and defamation, arising from an incident in which he moved his elderly mother, Georgia Jackson, from the Brookview Health Care Facility into his care. Defendants, including the West Hartford Police Department; the Town of West Hartford; Captain Coppinger of the West Hartford Police Department; the Brookview Health Care Facility; Barbara Di Cocca, an employee of the Brookview Health Care Facility; Lisa Silvestre, conservator of Georgia Jackson; Sidney Elkin, Judge of Probate for the District of West Hartford; Fox Channel 61; WTNH-8 (LIN Television Corporation); and NBC-30, have now moved to dismiss.¹ For the reasons discussed below, defendants' motions to dismiss are GRANTED.

I. Background

According to plaintiff's complaint, which the Court accepts as true at this stage of the proceedings, plaintiff's mother, Georgia Jackson ("Jackson"), has resided at Brookview Health Care Facility ("Brookview") since December 23, 2003, after suffering a stroke. See Complaint [Doc. # 1] at 2-3. Collins objected to her transfer to the nursing home, and was disappointed with the treatment she was experiencing there. Id. at 3. Collins alleges that after he requested a copy of a signed permission to treat form from Brookview and DiCocca, they commenced a proceeding in the West Hartford Probate Court for appointment of a conservator for Jackson. Id. at 4. According to plaintiff, on or about April 2, 2004, Veronica Halpine, a legal services attorney, was appointed as attorney for Jackson, and with Jackson's consent, drafted a second Power of Attorney for her to sign giving Collins Durable Power of Attorney over her and her affairs. Id. In the conservatorship proceeding, however, West Hartford Probate Judge Sidney Elkins appointed Margaret Murphy as Jackson's attorney and Charles Shimkus as guardian ad litem. Collins alleges that "Attorney Charles Shimkus conspired with Barbara DiCocco and Brookview Health Care to deprive Georgia Jackson the right to appoint the person of her choice to handle her affair, by recommending to Sidney Elkins that Herschel Collins a Blackman would not act in Georgia Jackson best interest and should not be considered as conservator." Id. at 5.

On or about April 20, 2004, Jackson obtained legal advice from her former attorney, Michael Peck, and then contacted Collins and asked him to pick her up at Brookview. Id. at 5. Collins complied with her wishes, and Jackson signed herself out of the facility. Id. On or about April 21 or 22, 2004, Brookview and DiCocca contacted Judge Elkins about appointing a conservator to return Jackson to the nursing home. Judge Elkins voided Collins' durable power of attorney, and appointed Lisa Silvestre as conservator for Jackson. Id.; see also Response to Motion for More Definite Statement [Doc. # 63] at 1.

Collins alleges that DiCocca and Silvestre, knowing that Jackson had signed herself out of Brookview, conspired with West Hartford Police Captain Coppinger to have the West Hartford Police arrest Collins for kidnapping Jackson. Id. at 5-6. Coppinger, DiCocca, and Brookview contacted all news media and put out a nationwide all points bulletin for Collins. Id. at 6. Subsequently, the defendant television stations aired reports that Collins had kidnapped his mother from Brookview, was a felon who had been arrested 41 times, and was considered armed and dangerous. The television reports gave Collins' car and license plate number, and stated that Jackson had a feeding tube and needed her medications to survive. Id.

After learning of the media reports, and that the West Hartford police had surrounded Jackson's home, Collins contacted the NBC-30 television station to "air the truth," and claims that NBC notified the West Hartford police of his location before the interview in order to set him up. Id. at 7. The West Hartford police, along with the Manchester police, "invaded the home of Estelle Jessup" where, Collins implies in his complaint, Georgia Jackson was being interviewed by NBC news. See Response to Motion for More Definite Statement [Doc. # 63] at 3. Jackson was taken to a hospital in Manchester, after which Judge Elkins ordered Silvestri to return Jackson to Brookview.

Collins alleges a conspiracy by DiCocca, Brookview, and Judge Elkins to improperly remove Collins' power of attorney, on account of his race, and appoint Silvestri as conservator.

Further, Collins claims that Judge Elkin violated his right to equal protection under the 14^th Amendment by giving Silvestri orders to have the West Hartford police arrest him on account of his race. He further claims race discrimination stemming from Judge Elkins' order that Lisa Silvestri take possession of Jackson's bank account, and place a lis pendens against property in Hartford after transfer of title from Jackson to Collins, when he should have known that this action would harm Collins by forcing the foreclosure or sale of the property.

Collins' allegations as to the Town of West Hartford, the West Hartford Police Department, and Captain Lori Coppinger center on the all-points bulletin that was issued for his arrest, which he claims was part of a conspiracy "to do bodily harm to Herschel Collins person in the form of arrest or being killed for kidnapping Georgia Jackson from Brookview Health Care Facility in the Town of West Hartford, where no Blacks or Minority Citizen from Hartford can afford to stay." Id. at 2. Collins claims unreasonable search, unlawful restraint, and violations of the 4^th, 5^th, 9^th, and 14^th Amendments to the Constitution.

Collins' allegations of defamation appear to extend to all defendants, as he states that statements made by Silvestri, DiCocca, Murphy, Shimkus, and Brookview that he was a danger to Jackson were untrue, that the defendant news organizations should have known that their reports were untrue, that the news stations declined to carry a retraction of their previous untrue reports of the alleged kidnapping, and that these reports interfered with his medical recovery from heart surgery.

Collins seeks compensatory and punitive damages of $20,000,000 from each defendant.

II. Standard

When deciding a 12(b)(6) motion to dismiss, the Court must accept all well-pleaded allegations as true and draw all reasonable inferences in favor of the pleader. Hishon v. King & Spalding, 467 U.S. 69, 73, 104 S.Ct. 2229, 81 L.Ed.2d 59 (1984). A complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief. Swierkiewicz v. Sorema N.A., 534 U.S. 506, 513-14, 122 S.Ct. 992, 152 L.Ed.2d 1 (2002); Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957). "The issue is not whether a plaintiff will ultimately prevail but whether the claimant is entitled to offer evidence to support the claims. Indeed it may appear on the face of the pleadings that a recovery is very remote and unlikely but that is not the test." Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974).

III. Discussion

Plaintiff's constitutional claims against those defendants acting under color of state law are brought pursuant to 42 U.S.C. §§ 1983, 1985, and 1986. Section 1983 provides, in relevant part:

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State ... subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured....

Section 1985(3) provides:

If two or more persons in any State or Territory conspire... for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws ... [and] do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is injured in his person or property, or deprived of having and exercising any right or privilege of a citizen of the United States, the party so injured or deprived may have an action for the recovery of damages occasioned by such injury or deprivation, against any one or more of the conspirators.

Section 1986 holds liable anyone who has knowledge of and fails to prevent a conspiracy in violation of Section 1985.

The Court concludes that plaintiff has failed to state a claim on which relief may be granted under all of these federal causes of action. First, the claims against Probate Judge Elkins in his official capacity are barred by the Eleventh Amendment, and because an individual sued in his official capacity is not a "person" within the scope of § 1983. The claims against Judge Elkins in his individual capacity, and against conservator Lisa Silvestri, are barred by the principle...