Cote v. Town of Millinocket
| Decision Date | 28 September 2012 |
| Docket Number | No. 1:10–cv–00481–JAW.,1:10–cv–00481–JAW. |
| Citation | 901 F.Supp.2d 200 |
| Parties | Wayne COTE, Plaintiff, v. TOWN OF MILLINOCKET, et al., Defendants. |
| Court | U.S. District Court — District of Maine |
OPINION TEXT STARTS HERE
William G. Bart, Law Office of William G. Bart, Bangor, ME, for Plaintiff.
Michael E. Saucier, Rosie M. Williams, Thompson & Bowie, LLP, Portland, ME, for Defendants.
ORDER ON MOTIONS FOR SUMMARY JUDGMENT
Late Halloween afternoon in 2008, town of Millinocket Police Officers Kevin Ingersoll, Janet Theriault and Jerry Cox pulled over, tased, and arrested Wayne Cote for allegedly committing a criminal trespass. Concluding that there is a genuine issue of material fact as to whether the Officers had probable cause to stop and arrest Mr. Cote, the Court declines to grant summary judgment for arresting Officers. The Court grants summary judgment, however, in favor of the town of Millinocket and Chief Donald Bolduc because Mr. Cote has not generated a genuine issue of material fact regarding his claims against the Town and the Chief.
I. STATEMENT OF FACTSA. Procedural History
On October 29, 2010, Wayne Cote filed a complaint in Maine Superior Court for Penobscot County against the town of Millinocket and four of its police officers, Kevin Ingersoll, Janet Theriault, Jerry Cox and Don Bolduc, alleging that the Defendants committed a series of civil violations against him when they arrested him on October 31, 2008. State Ct. Record Attach. 1 Compl. (ECF No. 3). On November 23, 2010, the Defendants removed the case to this Court and filed an answer. Notice of Removal (ECF No. 1); Defs.' Town of Millinocket, Kevin Ingersoll, Janet Theriault, Jerry Cox and Donald Bolduc's Ans., Defenses, and Affirmative Defenses to Pl. Wayne Cote's Compl. and Req. for Jury Trial (ECF No. 4). On February 24, 2011, Mr. Cote filed an amended complaint and on February 28, 2011, the Defendants filed an answer. First Am. Compl. (ECF No. 13) ( Am. Compl.); Ans., Defenses and Affirmative Defenses to Pl. Wayne Cote's First Am. Compl. and Req. for Jury Trial of Defs. Town of Millinocket, Kevin Ingersoll, Janet Theriault, Jerry Cox and Donald Bolduc (ECF No. 14) ( Defs.' Am. Ans.).
On February 6, 2012, each Defendant moved separately for summary judgment. 1Def. Town of Millinocket Mot. for Summ. J. (ECF No. 57) ( Town Mot.); Def. Kevin Ingersoll's Mot. for Summ. J. (ECF No. 58) ( Ingersoll Mot.); Def. Jerry Cox Mot. for Summ. J. (ECF No. 59) ( Cox Mot.); Def. Donald Bolduc's Mot. for Summ. J. (ECF No. 60) ( Bolduc Mot.); Def. Janet Theriault's Mot. for Summ. J. (ECF No. 61) ( Theriault Mot.). They also filed a joint statement of material facts. Jt. Stip. Statement of Material Facts for Purposes of Defs.' Mots. for Summ. J. (ECF No. 62) (JSSMF). On March 9, 2012, the Defendants filed a statement of material fact. Statement of Material Facts of Defs. Town of Millinocket, Donald Bolduc, Jerry Cox, Kevin Ingersoll and Janet Theriault (ECF No. 65) (DSMF).
On March 19, 2012, Mr. Cote separately responded to each motion. Pl.'s Reply to Def. Donald Bolduc's Mot. for Summ. J. (ECF No. 68) ( Pl.'s Bolduc Opp'n ); Pl.'s Reply to Def. Jerry Cox's Mot. for Summ. J. (ECF No. 69) ( Pl.'s Cox Opp'n ); Pl.'s Reply to Def. Kevin Ingersoll's Mot. for Summ. J. (ECF No. 70) ( Pl.'s Ingersoll Opp'n ); Pl.'s Opp'n to Def. Janet Theriault's Mot. for Summ. J. (ECF No. 71) ( Pl.'s Theriault Opp'n ); Pl.'s Reply to Def. Town of Millinocket's Mot. for Summ. J. (ECF No. 72) ( Pl.'s Town Opp'n ). He also responded to the Defendants' Statement of Material Facts and posited his own Statement of Additional Material Facts. Pl.'s Opposing Statement and Statement of Additional Facts (ECF No. 73) (PRDSMF; PSAMF).
On April 2, 2012, each Defendant replied separately. Def. Don Bolduc's Reply Mem. of Law (ECF No. 79) ( Bolduc Reply ); Def. Jerry Cox's Reply Mem. of Law (ECF No. 80) ( Cox Reply ); Def. Kevin Ingersoll's Reply Mem. of Law (ECF No. 81) ( Ingersoll Reply ); Def. Town of Millinocket's Reply Mem. of Law (ECF No. 82) ( Town Reply ); Def. Janet Theriault's Reply Mem. of Law (ECF No. 83) ( Theriault Reply ). On April 2, 2012, the Defendants filed a joint response to Mr. Cote's statement of additional material facts. Reply to Material Facts and Additional Material Facts of Defs. Town of Millinocket, Kevin Ingersoll, Janet Theriault, Jerry Cox and Donald Bolduc (ECF No. 78) (DRPSAMF).
B. Statement of Facts
Wayne Cote is a resident of the town of Millinocket. JSSMF ¶ 1.2 From elementary school through high school, Mr. Cote attended special education classes. JSSMF ¶ 2. Wayne Cote attended Stearns High School and was graduated in 1991. JSSMF ¶ 3. Mr. Cote has a history of back and neck injuries and a history of closed head injuries. JSSMF ¶ 4. Mr. Cote was prescribed medication used for attention deficit disorder and medication for chronic pain. JSSMF ¶ 5.
Wayne Cote has a lengthy arrest record with the Millinocket Police Department. JSSMF ¶ 6. Mr. Cote had numerous interactions with various Millinocket Police officers, and official records do not always reflect every officer who was present at each interaction. JSSMF ¶ 7. A number of the charges against Mr. Cote resulting from arrests by the Millinocket Police Department were dismissed. JSSMF ¶ 8. Mr. Cote was acquitted of at least two charges that were brought against him as a result of Millinocket Police Department arrests. JSSMF ¶ 9. The District Attorney declined to prosecute a number of the charges that were brought as a result of Millinocket Police Department arrests of Mr. Cote. JSSMF ¶ 10. Mr. Cote was anxious and fearful of the Millinocket Police Department. JSSMF ¶ 11. Sergeant Jerry Cox estimated Mr. Cote's height at 5' 7? and his weight at from 145 to 170 lbs. JSSMF ¶ 12.
Jerry Cox was employed as a reserve officer by the town of Medway, Maine in June 1991. JSSMF ¶ 13. Before his initial employment as a police officer by the town of Medway, Sergeant Cox completed the 100 hour Reserve Officer Training Course at the Maine Criminal Justice Academy. JSSMF ¶ 14. In May 1992, Sergeant Cox accepted a position as a temporary full-time officer with the town of Medway. JSSMF ¶ 15. Before accepting full-time employment, Sergeant Cox had been enrolled in a law technology program at the University of Maine at Bangor for two years. JSSMF ¶ 16. During his tenure in Medway, no complaints were filed against Sergeant Cox. JSSMF ¶ 17.
In approximately September 1992, Sergeant Cox became employed by the town of Millinocket as a reserve officer/animal control officer. JSSMF ¶ 18. In February 1994, Sergeant Cox became a full-time officer for the town of Millinocket. JSSMF ¶ 19. In 1995, approximately one year after being hired, Sergeant Cox attended the Maine Criminal Justice Academy and received certification as a full-time police officer. JSSMF ¶ 20. In September 1998, Sergeant Cox voluntarily resigned his full-time position at the town of Millinocket but maintained his status as a reserve officer for the Town. JSSMF ¶ 21. Between 1992 and 1998, Sergeant Cox testified that only one citizen complaint came to mind; it was as a result of his use of handcuffs while effecting an arrest. JSSMF ¶ 22. Sergeant Cox could not recall any disciplinary action taken against him from September 1992 to September 1998. JSSMF ¶ 23.
In 2001, Sergeant Cox returned to full-time employment as a police officer for the town of Millinocket. JSSMF ¶ 24. In 2004, Sergeant Cox became acting sergeant and in 2005, he became sergeant in the Millinocket Police Department. JSSMF ¶ 25.
On June 4, 2008 by signing a sign-in sheet, Sergeant Cox acknowledged that he had read the Millinocket Police Department's ECW Policy. JSSMF ¶ 109. One June 12, 2006, Sergeant Cox was certified as an End–User of the Taser X26. JSSMF ¶ 110. On November 25, 2008, Sergeant Cox received Taser X26 recertification. JSSMF ¶ 111.
The Millinocket Police Department requires its officers to undergo annual training. JSSMF ¶ 27. Sergeant Cox received a passing grade of 80% on fourteen quizzes between June 2007 and June 2009. JSSMF ¶ 28. Sergeant Cox was a superior officer in the Millinocket Police Department to Officer Ingersoll on October 31, 2008. JSSMF ¶ 29. Sergeant Cox is 5' 9? tall and weighs 260 pounds. JSSMF ¶ 33.
Sergeant Cox did not recall any interactions with Mr. Cote as a police officer before October 31, 2008. JSSMF ¶ 30. The Millinocket Police Department records reflect that Sergeant Cox's interaction with Mr. Cote before October 31, 2008 was limited to an arrest for Criminal Trespassing and Disorderly Conduct on April 21, 2008.3 JSSMF ¶ 31. Sergeant Cox estimated that as a police officer for the town of Millinocket, he has used takedown moves approximately 100 times.4 JSSMF ¶ 32; but see DSMF ¶ 32; PRDSMF ¶ 32; PSAMF ¶ 317; DRPSAMF ¶ 317. Sergeant Cox is 5' 9? tall and weighs 260 pounds. JSSMF ¶ 33.
Officer Ingersoll graduated from the Maine Criminal Justice Academy's 100 hour Part–Time Reserve Law Enforcement Officer Training Course in 1993. JSSMF ¶ 36. Officer Ingersoll worked as a part-time reserve police officer for the town of Bar Harbor from 1993 to 1997. JSSMF ¶ 37. Officer Ingersoll testified that he did not believe any complaints were filed against him while he was employed as a police officer by the town of Bar Harbor. JSSMF ¶ 38. Officer Ingersoll also testified that he did not believe he received any reprimands while employed as a police officer for the town of Bar Harbor. JSSMF ¶ 39. From 1997 until 1999, Officer Ingersoll was employed as a part-time reserve officer by the Mount Desert Police Department. JSSMF ¶ 40.
In 1999, the town of Millinocket hired Officer Ingersoll as a part-time reserve police officer and in April 2005 it hired him as a full-time police officer. JSSMF ¶ 41. In August 2005, Officer Ingersoll attended the eighteen week, Maine Criminal Justice Academy Law Enforcement Officer Certification Course and...
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