Davis v. Township of Paulsboro
| Decision Date | 27 March 2006 |
| Docket Number | No. 02-CV-3659 (JEI).,02-CV-3659 (JEI). |
| Citation | 421 F.Supp.2d 835 |
| Parties | Sarah DAVIS, Administratrix, Ad Prosequendum, et al., Plaintiffs, v. TOWNSHIP OF PAULSBORO, et al., Defendants. |
| Court | U.S. District Court — District of New Jersey |
Marshall L. Williams, by Marshall L. Williams, Esq., Philadelphia, PA, for Plaintiffs.
Rotolo & Midlige, by E. Carr Cornog, III, Esq., Lebanon, NJ, for Gloucester County Defendants.
Powell, Birchmeier & Powell, by James R. Birchmeier, Esq., Tuckahoe, NJ, for Borough of Paulsboro Defendants.
Parker, McCay & Criscuolo, P.A., by Lisa B. Baughman, Esq., Marlton, NJ, for Defendant Underwood Memorial Hospital.
Blumberg & Lindner, LLC, by Charles B. Austermuhl, Woodbury, NJ, for Defendants Dr. Arriviello and Emergency Physicians Services, LLC.
This case arises out of an altercation outside a nightclub, in which Ernest Davis was struck in the head with a bottle, and the events that followed. Five summary judgment motions, all by various groups of Defendants, are pending. This opinion addresses the summary judgment motions of Defendants (1) Paulsboro Police Officers Suter, Ranton, Kappre, Davis and Marino; (2) County of Gloucester, Gloucester County Sheriff Gill, Gloucester County Sheriff Officers Crank, DeMarzio, Galloway, and Hatton; and (3) Borough of Paulsboro, Borough of Paulsboro Police Department, and Paulsboro Police Chief Ridinger.1
In their twelve count, 61 page, Fourth Amended Complaint, Plaintiffs assert against the law enforcement defendants: federal claims pursuant to 42 U.S.C. §§ 1981, 1983, 1985, 1986, and 1988; and state law claims for false arrest / false imprisonment, assault and battery, malicious prosecution, abuse of process, intentional infliction of emotional distress, negligent infliction of emotional distress, civil conspiracy, negligence, gross negligence, wrongful death, and a survivorship claim.2
For the reasons explained below, we will grant summary judgment to the law enforcement defendants.
In the early morning hours of August 13, 2000, Paulsboro Police Officers Timothy Suter, Leroy Ranton, and Michael Kappre (individually "Officer Suter," "Officer Ranton" and "Officer Kappre") responded to a call from someone at the 1048 Club, a nightclub in Paulsboro. When Officers Suter and Kappre arrived at approximately 1:55 a.m., they observed an African American man (later identified as Ernest Davis) being placed in the back seat of a car. Officer Suter observed that Davis was "covered in blood," with blood on his face and head, and blood coming from his right ear. (Pls.Ex.23.1) The car drove away with Davis in it.
All three officers cleared the scene and began their investigation. They learned that Davis had been hit over the head with a glass bottle. Officer Suter observed drops of blood on the sidewalk and street as well as a small pool of blood close to where the car had been. (Id.) He also saw blood spattered on the wall next to the club entrance and broken pieces of a glass beer bottle at the base of the wall. (Id.)
At approximately 2:30 a.m., the three officers, each in their own cars, were dispatched to 27 West Buck Street in response to a complaint of an African American man banging at the door. Upon arriving at 27 West Buck Street, Officer Ranton learned from the woman complainant who lived there that an African American man with blood on his shirt had been banging on her door. Officer Ranton radioed the information to the other officers. Officers Ranton and Kappre began to search the area when Officer Suter advised them that he heard yelling nearby on West Washington Street and was going there to investigate.
Officer Suter arrived alone at 19 West Washington Street where he saw at least five people outside in front of the house. (Pls. Ex. 32 at pp. 36-37) From his patrol car he observed Davis standing in the doorway of the house3 with blood on his shirt, "yelling and screaming" at the women who were there, one of whom was Davis' girlfriend, Lashana Carlson. (Pls.Ex.23.1) Officer Suter immediately exited his car, at which point Davis walked out to the curb directly towards Officer Suter, pushing past the women. (Pls. Exs. 23.1 and 32 at p. 44)
Officer Suter could see that Davis was still bleeding from his head, and asked Davis what had happened and if he needed an ambulance. (Pls. Exs. 23.1 and 32 at p. 45) Davis responded "antagonistically," yelling that "nothing was going on" and Officer Suter should "mind [his] own fucking business." (Pls. Ex. 23.1 and 32 at p. 49) Officer Suter continued his attempts to investigate how Davis had been injured and what the current disturbance was about, but Davis refused to cooperate, repeatedly yelling that he was going to "fuck somebody up." (Id.)
While Officer Suter and Davis were standing on the sidewalk, Davis shoved Officer Suter with both hands in an attempt to make his way back towards the front door. (Pls. Ex. 32 at p. 49) Officer Suter noticed that Davis' eyes were bulging and bloodshot. (Id. at p. 49; see also Pls. Ex. 23.1) After pushing past Officer Suter, Davis pushed Lashana Carlson and another woman out of the way. (Pls.Ex. 23.1) Officer Suter followed after him.
At this point Officer Ranton arrived at the scene. He observed the group of people outside the house at 19 West Washington Street and saw Davis and Officer Suter at the front door. (Pls.Ex.23.3) Davis pushed Officer Suter again and unsuccessfully attempted to shut the front door on Officer Suter. (Pls. Exs. 23.1, 23.3, and 32 at pp. 46, 51) Officer Suter then entered the house and followed Davis into the kitchen. Immediately after watching Officer Suter and Davis enter the house, Officer Ranton also went into the house.
Officer Kappre was the last to arrive.4 He was aware that Officer Suter had gone to the address but did not see him outside. He heard screaming coming from inside the house and went in. He found both Officer Suter and Officer Ranton struggling to subdue Davis on the kitchen floor. (Pls.Ex.23.0)
Once Officer Suter and Davis reached the kitchen, Davis began banging on the walls and continued to yell. (Pls. Exs. 23.1 and 32 at p. 55-56) Officer Suter again asked Davis what happened to him. (Pls. Exs. 23.1 and 32 at p. 53, 55-56) Davis shoved Officer Suter while yelling (Id.) Officer Suter then told Davis he was under arrest. (Id.) Swinging his arms, Davis yelled (Id.) Then Officer Suter sprayed Davis in the face with pepper spray. (Pls. Exs. 23.1 and 32 at p. 57) As Officer Suter did so, Davis poked Officer Suter in the eye.5 (Id.) Davis put his hands up to his face and bent over in reaction to the spray. (Id.) Officer Suter "wrestled" Davis to the ground, face down. (Pls.Ex.23.1)
Officer Ranton arrived in the kitchen at this time. (Id.; Pls. Ex. 23.3) Davis was "squirming" on the floor, resisting Officer Suter's attempts to handcuff him by placing his hands under his body. (Pls. Exs. 23.1, 23.3, 32 at p. 57-58, 38 at p. 64-65) Officer Ranton came to Officer Suter's assistance and through their combined efforts, they were able to get one handcuff on Davis.6 (Id.) Davis was still yelling and kicking his legs so both officers "sat" on Davis "to keep him from kicking."7 (Id.)
Officer Kappre arrived in the kitchen at this time and immediately helped the two other officers place the second handcuff on Davis so that Davis' arms were held behind his back. (Pls.Ex.23.1, 23.3) Davis continued yelling profanities after he was handcuffed, complaining several times that the pepper spray was bothering him and that the handcuffs were too tight. (Id.) After "several minutes" one of the officers helped him to sit up as he continued to yell "get the fuck off me." (Id.) Because Davis continued to complain that the handcuffs were hurting him, Officer Ranton attempted to loosen them.8 (Id.) Officers Suter and Kappre then lifted Davis off the floor and carried him to Officer Suter's patrol car. (Pls.Ex.23.0)
At the patrol car Davis was still uncooperative, refusing to get into the car. (Pls.Exs.23.0, 23.1, 23.3) Because Davis was not cooperating with them, the officers allowed Lashana Carlson and Artese Ruffin to place Davis in the back of the patrol car. (Id.) Carlson and Ruffin talked to Davis while placing him in the car, in an attempt to calm him down. (Id.)
Officer Suter transported Davis to police headquarters where they were met by Carlson and Officer Kappre. (Pls. Exs. 23.0 and 23.1) The officers and Carlson anticipated that they would meet an ambulance at police headquarters. (Id.) Upon arriving at headquarters, Carlson met the officers and talked to Davis, attempting to calm him while the officers removed him from the car. (Id.) Davis was still bothered by the pepper spray and the handcuffs. (Id.) Officer Suter helped Davis steady himself as he exited the car. (Id.) The two officers then escorted Davis to a holding cell while Carlson went to the lobby to wait for the ambulance. (Id.) Once in the holding cell, Davis flushed his face at the water fountain to relieve the effects of the pepper spray.9 (Pls.Ex.23.1) Davis stayed in the holding cell for approximately five minutes before the ambulance arrived. (Id.)
Officers Suter and Kappre escorted Davis to the ambulance and placed him inside. (Pls. Ex. 23.0 and 23.1) Carlson was present but did not ride in the ambulance. (Id.) The ambulance records indicate that Davis was "very argumentative" and the ambulance personnel were unable to obtain vital signs or medical history from him. (Pls.Ex. 3) Officer Kappre rode in the ambulance with Davis to Underwood Memorial Hospital ("UMH").
The ambulance arrived at the UMH Emergency Room at 3:06 a.m. Dr. Arriviello examined Davis at approximately 3:30 a.m. (Pls.Ex.4) Determining that Davis was "fit for incarceration,"...
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Governmental documents
...tickets were hearsay and were not admissible under business records exception to hearsay rule. 135 Davis v. Town of Pualsboro , 421 F.Supp.2d 835 (D.N.J., 2006) involved an excessive force action by the parent of an arrestee, who brought federal civil rights claims against a county, townshi......
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Governmental Documents
...tickets were hearsay and were not admissible under business records exception to hearsay rule. 116 Davis v. Town of Pualsboro , 421 F.Supp.2d 835 (D.N.J., 2006) involved an excessive force action by the parent of an arrestee, who brought federal civil rights claims against a county, townshi......
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Governmental Documents
...tickets were hearsay and were not admissible under business records exception to hearsay rule. 129 Davis v. Town of Pualsboro , 421 F.Supp.2d 835 (D.N.J., 2006) involved an excessive force action by the parent of an arrestee, who brought federal civil rights claims against a county, townshi......
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Governmental Documents
...tickets were hearsay and were not admissible under business records exception to hearsay rule. 116 Davis v. Town of Pualsboro , 421 F.Supp.2d 835 (D.N.J., 2006) involved an excessive force action by the parent of an arrestee, who brought federal civil rights claims against a county, townshi......