Debisschop v. Town of Longmeadow
| Decision Date | 21 June 2021 |
| Docket Number | Case No. 3:19-cv-30078-KAR |
| Parties | RUTH DEBISSCHOP, Plaintiff, v. TOWN OF LONGMEADOW, CARL MAZZAFERRO II and EWEN MACEACHEM Defendants. |
| Court | U.S. District Court — District of Massachusetts |
MEMORANDUM AND ORDER REGARDING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT
Plaintiff Ruth DeBisschop ("Plaintiff") was arrested by Longmeadow Police Sergeant Carl Mazzaferro II and Longmeadow Police Detective Ewen MacEachern (collectively, "Defendants") for disorderly conduct and two counts of assault and battery on a police officer in the aftermath of Plaintiff's grandson's arrest at the Pride Gas Station ("Pride Station") on Longmeadow Street on August 3, 2016. Plaintiff's complaint states three federal causes of action against Defendants under 42 U.S.C. § 1983: unlawful arrest (Count I); use of excessive force (Count II); and cruel and unusual punishment (Count III). Plaintiff's pendant state law claims are assault and battery (Count IV), false arrest (Count V), malicious prosecution (Count VI), abuse of process (Count VII), and negligence by the Town of Longmeadow ("Town") (Count VIII)(Dkt. No. 1). Plaintiff voluntarily dismissed Count III with prejudice (Dkt. No. 23). Defendants have moved for summary judgment on all remaining claims. Plaintiff does not oppose Defendants' motion for summary judgment on her claim for negligence against the Town (Count VIII) (Dkt. No. 25; Dkt. No. 32 at 1 n.1). The parties have consented to this court's jurisdiction (Dkt. No. 11). See 28 U.S.C. § 636(c); Fed. R. Civ. P. 73. For the reasons that follow, Defendants' motion for summary judgment is DENIED.
On August 3, 2016, Plaintiff's grandson, B.G., lived at 100 Breckwood Drive in Longmeadow with Plaintiff (Dkt. No. 27 ¶¶ 10, 16). At approximately 9:49:18 A.M., Mazzaferro, an eight-year veteran of the Longmeadow Police Department, and MacEachern, a five-year veteran of the department, were across the street from the Pride Station conducting surveillance for reported narcotics activity at that location when Mazzaferro observed a four-door tan Toyota with West Virginia license plates pull up to a gas pump ((Dkt. No. 27 ¶¶ 19, 21; Dkt. No. 27-4 at 18; Dkt. No. 27-6 at 9; Dkt. No. 31 ¶¶ 1-4). The driver, B.G., with whom Mazzaferro was familiar, exited from the vehicle, entered the Pride Station convenience store, returned to the Toyota and leaned into the driver's side window before he ran south into Enfield,Connecticut (Dkt. No. 27 ¶¶ 20, 21; Dkt. No. 27-11 at 9:49:31 A.M. to 9:54:07 A.M.; Dkt. No. 31 ¶¶ 6, 9).3 B.G. briefly returned to the Toyota. He then went into the convenience store and used the store's telephone (Dkt. No. 27-11 at 9:58:07 A.M.).
E.S. was in the front passenger's seat of the Toyota (Dkt. No. 27 ¶ 29; Dkt. No. 31 ¶ 8). At 9:59:11 A.M., a police officer, who was wearing a bright yellow shirt, approached the Toyota and appeared to engage E.S. in conversation (Dkt. No. 27-11; Dkt. No. 31 ¶ 11). B.G. left the convenience store and joined the officer at the front passenger's side window of the Toyota at 9:59:42 A.M. (Dkt. No. 27-11). MacEachern approached the Toyota shortly after B.G. arrived back at the car and asked E.S. if there were drugs in the vehicle (Dkt. No. 31 ¶¶ 12, 13). When she answered, "no," MacEachern looked into the car through the driver's side window (Dkt. No. 27-11 at 10:02:42 A.M. to 10:03:10 A.M.; Dkt. No. 31 ¶ 13).
Mazzaferro, who was in uniform, arrived at the Pride Station at 10:03:53 A.M. (Dkt. No. 27-4 at 66-67; Dkt. No. 27-11; Dkt. No. 31 ¶ 14). He spoke to B.G. in response to a report that there was an intoxicated man in the convenience store (Dkt. No. 27 ¶ 22; Dkt. No. 31 ¶ 7). Because B.G. manifested indicia of narcotics use and stated that he had taken methadone or suboxone, Mazzaferro conducted field sobriety tests, which B.G. failed (Dkt. No. 27 ¶¶ 26, 27; Dkt. No. 31 ¶¶ 17, 18, 19). Mazzaferro arrested B.G. for operating under the influence of narcotics (Dkt. No. 27 ¶ 28; Dkt. No. 31 ¶ 21). B.G. "'started yelling to [E.S.] to drive the car'" or "'don't let them take the car'" (Dkt. No. 31 ¶ 22). A Longmeadow officer transported B.G. from the Pride Station at 10:21:37 A.M. (Dkt. No. 27-11).
Because E.S. did not have a valid driver's license, Defendants decided that the Toyota should be towed (Dkt. No. 27 ¶¶ 30, 31; Dkt. No. 31 ¶¶ 24, 25). At approximately 10:22 A.M., Defendants began taking inventory of the contents of the vehicle as required by the Longmeadow Police Department's Towed Vehicle Inventory Policy (Dkt. No. 27 ¶¶ 32, 33; Dkt. No. 27-3 at 11-12; Dkt. No. 27-11; Dkt. No. 31 ¶¶ 25, 31). E.S. remained seated in the front passenger's seat of the Toyota (Dkt. No. 31 ¶ 31). MacEachern opened the back passenger door and Mazzaferro entered the front driver's side (Dkt. No. 31 ¶¶ 31, 32). At 10:25:29 A.M., E.S. got out of the car and walked toward the convenience store (Dkt. No. 27-11; Dkt. No. 31 ¶ 33). Mazzaferro also exited the vehicle (Dkt. No. 31 ¶ 33).
At 10:25:45 A.M., MacEachern emerged from the Toyota and began speaking to a Pride Station employee who stood near the front passenger's side door while she described B.G.'s problematic behavior inside the store before the officers arrived (Dkt. No. 27-11; Dkt. No. 31 ¶¶ 34, 35). At 10:27:18 A.M., the Toyota's front and back passenger's side doors were open as MacEachern continued his conversation with the clerk (Dkt. No. 27-11). MacEachern leaned into the front passenger's side of the car at 10:27:26 A.M. and again at 10:28:24 A.M. (Dkt. No. 27-11). The Pride Station clerk left MacEachern and the Toyota at 10:28:55 A.M. (Dkt. No. 27-11).
Meanwhile, Mazzaferro found a black backpack on the back seat that contained empty methadone bottles with B.G.'s name on them and an orange pill bottle (Dkt. No. 31 ¶ 36). Inside the pill bottle, Mazzaferro found a bundle of empty wax paper bags that were bound together with an elastic band (Dkt. No. 31 ¶ 36). Mazzaferro recognized the bundle as the way heroin was packaged and testified that the bags contained a "white powdery substance" (Dkt. No. 27-9 at 17, 29; Dkt. No. 31 ¶ 37). After Mazzaferro placed the orange pill bottle on the roof of thecar, MacEachern reached across the roof to examine it, then returned it to the roof (Dkt. No. 27-11 at 10:28:29 A.M. to 10:28:46 A.M.; Dkt. No. 30-3 ¶¶ 63, 64, 65; Dkt. No. 31 ¶¶ 38, 39). At 10:30:35 A.M., MacEachern closed the back passenger's door and went to the driver's side of the Toyota (Dkt. No. 27-11). The front passenger's side door remained open (Dkt. No. 27-11).
Defendants recovered narcotics and drug paraphernalia from under the front passenger's seat (Dkt. No. 27 ¶ 35; Dkt. No. 30 ¶ 35; Dkt. No. 31 ¶ 45). E.S. was charged with possession of narcotics (Dkt. No. 31 ¶ 46).
B.G. was a drug addict with a history of substance abuse (Dkt. No. 27 ¶ 44). Plaintiff knew that B.G. made daily trips to a methadone clinic with his girlfriend, K.W. (Dkt. No. 27 ¶ 43; Dkt. No. 27-1 at 70). On August 3, 2016, K.W. called Plaintiff "in a panic" and asked Plaintiff to come to the Pride Station immediately (Dkt. No. 27 ¶ 38; Dkt. No. 31 ¶¶ 26, 27). K.W. reported that the police "had" B.G. and the Toyota was being towed from the Pride Station (Dkt. No. 27 ¶ 38; Dkt. No. 30 ¶ 37; Dkt. No. 31 ¶ 27).
Neither B.G. nor Plaintiff owned the Toyota (Dkt. No. 27 ¶¶ 39, 40). Although Plaintiff believed that K.W. owned the car, it was registered to K.W.'s grandfather, Edward Monroe of West Virginia (Dkt. No. 27 ¶ 42; Dkt. No. 27-4 at 45-46; Dkt. No. 30 ¶ 41; Dkt. No. 31 ¶ 23).
Plaintiff went to the Pride Station in response to K.W.'s phone call (Dkt. No. 27 ¶ 45; Dkt. No. 31 ¶ 29). The Pride Station was extremely busy and Plaintiff observed "many people around" (Dkt. No. 27 ¶¶ 47, 48). At 10:30:41 A.M., she proceeded across the parking lot toward the "commotion" near the Toyota that was parked at a gas pump (Dkt. No. 27 ¶¶ 45, 46, 49; Dkt. No. 27-11). Plaintiff did not see B.G., but saw Defendants standing outside the Toyota: Mazzaferro was at the car's trunk; and MacEachern was standing at the open driver's side door(Dkt. No. 27 ¶ 49; Dkt. No. 27-11 at 10:30:41 A.M.; Dkt. No. 30 ¶ 52; Dkt. No. 30-3 ¶ 72). Plaintiff recognized Defendants as police officers (Dkt. No. 27 ¶¶ 11-15; Dkt. No. 30 ¶¶ 11-15). Some of the vehicle's contents were on top of the Toyota (Dkt. No. 27 ¶ 53; Dkt. No. 30 ¶ 53; Dkt. No. 30-3 ¶ 65; Dkt. No. 31 ¶¶ 38, 39). Plaintiff continued walking toward the Toyota (Dkt. No. 27-11 at 10:30:44 A.M.).
Defendants recognized Plaintiff as she approached them and the Toyota (Dkt. No. 27 ¶¶ 52, 57; Dkt. No. 30 ¶ 52). Defendants told Plaintiff to leave (Dkt. No. 27 ¶ 56; Dkt. No. 30 ¶¶ 55, 64). Plaintiff did not comply with Defendants' instructions and continued to approach them and the car (Dkt. No. 27 ¶¶ 58, 59). She claims that she told the officers that she would leave if they told her B.G.'s location (Dkt. No. 30 ¶¶ 55, 58, 64, 65; Dkt. No. 31 ¶ 52).
When Plaintiff got within five or ten feet of the Toyota at 10:30:47 A.M., Mazzaferro stepped between her and the car and faced her to prevent her from reaching it (Dkt. No. 27 ¶ 67; Dkt. No. 27-11; Dkt. No. 30 ¶¶ 69, 73; Dkt. No. 31 ¶ 53). At 10:30:54 A.M. MacEachern joined Mazzaferro and stood to his left and to Plaintiff's right (Dkt. No. 27-11; Dkt. No. 30 ¶¶ 69, 73; Dkt. No. 31 ¶ 53). Defendants blocked Plaintiff's direct path to the Toyota (Dkt. No. 27 ¶ 67).
The parties' accounts differ significantly at this point. Plaintiff "recall[ed] trying to continue on" (Dkt. No. 27 ¶ 70). According to Plaintiff, as she started to step to her left to go around Mazzaferro's right side, MacEachern began to "pursue" her and Mazzaferro moved "to prevent Plaintiff from walking around him" (Dkt. No. 27-11 at 10:30:58.544...
To continue reading
Request your trial