DeMaine v. Samuels, Case No. 3:99CV34 (JBA) (D. Conn. 9/25/2000)

• Decision Date: 25 September 2000
• Docket Number: Case No. 3:99CV34 (JBA).
• Court: U.S. District Court — District of Connecticut
• Parties: RONALD DeMAINE v. PAUL SAMUELS, et al.

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RONALD DeMAINE v. PAUL SAMUELS, et al.

Case No. 3:99CV34 (JBA).

United States District Court, D. Connecticut.

September 25, 2000.

Ruling on Motion for Summary Judgment [Doc. # 35]

JANET BOND ARTERTON, District Judge.

This case is a civil rights action alleging violations of plaintiff Ronald DeMaine's Fourth Amendment rights by six members of the Connecticut State Police Division of Internal Affairs. DeMaine, a Connecticut State Police detective, claims that defendants Paul Samuels, Edmond Brunt, Marcia Youngquist, George Battle, Robert Corona and Peter Wack illegally searched his desk, day planner, computer and state-police-issued car without a warrant or probable cause, and illegally seized him by detaining him for two hours during the search in violation of the Fourth Amendment, and seeks damages under 42 U.S.C. § 1983 (Count 1). DeMaine also asserts state law claims of false arrest and imprisonment, and intentional infliction of emotional distress (Count 2).

I. Factual Background

The following summary is taken from defendants' Rule 9(c) Statement of Undisputed Facts [Doc. # 35] and plaintiff's Local Rule 9(c) Counter-Statement of Undisputed Facts [Doc. # 40].¹ For purposes of this motion for summary judgment, defendants have accepted as true all of the factual allegations set forth in DeMaine's amended complaint. See Doc. # 35, at ¶ 21.

At the time of the events giving rise to this action, DeMaine was a Connecticut State Trooper First Class, with the rank of detective. He was assigned to the New Haven office of the Statewide Cooperative Crime Control Task Force ("SCCCTF") gang unit. DeMaine has been employed as a state police trooper in the Connecticut Department of Public Safety for at least thirteen years. See Doc. # 35, at ¶ 22.

The SCCCTF is governed by the Connecticut State Police Administration and Operations Manual ("A& O Manual"). Id. at ¶ 4. The A& O Manual in effect from May 1, 1998 provides that "[t]roopers and other employees of the department are subject to all applicable manual directives, state laws and regulations." Id., Def. Ex. A. DeMaine possessed a copy of the A& O Manual, and signed a receipt form indicating that he was issued a copy of the current manual on August 5, 1998. Id. at ¶ 20; Def. Ex. J. The A& O Manual provides for regular inspections of issued equipment and that:

The Department reserves the right to inspect issued equipment at any other time for reasonable purposes.

* * *

Any personal item located in or on department property shall be so kept at the risk of the person keeping it there. (1) The department is not responsible for loss or damage to personal property. (2) The personal property of a trooper located on department property or within a department vehicle is subject to inspection or seizure without notice even if the trooper has locked any container or place where the property is kept.

Def. Ex. A, §§ 13.2.1d and 13.2.2a(1)-(2). DeMaine's affidavit states that prior to December 1, 1998, he was unfamiliar with § 13.2.2, and his deposition testimony indicates that he was not familiar with either §§ 13.2.1d or 13.2.2a. See Doc. # 40, DeMaine aff. at ¶ 4; Deposition of Ronald DeMaine ("DeMaine dep.") at pp. 95-96.

On the morning of December 1, 1998, two of the defendants, Lieutenant Brunt and Sergeant Wack of the Connecticut State Police Division of Internal Affairs ("IA"), interviewed Connecticut State Police ("CSP") Sergeant Crawford as part of an on-going IA investigation of suspected overtime abuses by certain officers assigned to the New Haven SCCCTF gang unit. This investigation had been started after IA received a complaint from Lieutenant Sweetman, the SCCCTF commanding officer. DeMaine was not a subject of this investigation because he had not been working the day of the suspected overtime abuses. Doc. # 35, at ¶ 6.

IA has authority to conduct administrative investigations into alleged misconduct by employees of the Department of Public Safety; it does not have authority to investigate criminal behavior or misconduct, and does not have the authority to arrest or issue warrants. If IA discovers information or evidence of criminal wrongdoing during the course of its investigation, it may notify the Bureau of Criminal Investigations, which will conduct an independent criminal investigation if necessary. Id. at ¶ 3.

During his interview, Sergeant Crawford told defendants Brunt and Wack that DeMaine had been keeping notes regarding the activities of other members of the SCCCTF unit. Sergeant Crawford was a supervisor in the Bridgeport SCCCTF unit, and had information about other task force units because detectives were regularly shared between the units; in particular, a Detective Azzaro who had previously worked in the New Haven office with DeMaine had recently been transferred to Crawford's unit in Bridgeport. Id. at ¶ 8. Crawford told Brunt and Wack that both Azzaro and DeMaine's supervisor, Sergeant Luther, had spoken to him about DeMaine's note-keeping, and that it was "common knowledge" that DeMaine kept notes of the times of other people's comings and goings. Crawford also said that he had discussed DeMaine's note-taking with Lieutenant Sweetman. Id. at ¶ 9.² Based on this information from Crawford, Lieutenant Brunt believed that the notes DeMaine allegedly had taken about his coworkers' comings and goings could be helpful to IA's investigation of possible overtime abuses at the New Haven SCCCTF. Id. at ¶ 10. Brunt also believed the fact that DeMaine was keeping such notes indicated that there might be other problems with the unit. Id. Because of the potential importance of DeMaine's notes, Brunt notified Captain Samuels, his commanding officer, and told him about the notes. Id. at ¶ 11. Samuels and Brunt then scheduled a meeting with Major Wheeler, the Commanding Officer for the Bureau of Criminal Investigations, and Lieutenant Sweetman. Id. at ¶ 12.³ Before leaving the office, Brunt instructed Youngquist, Battle and Corona to go to the New Haven SCCCTF office, secure it, and await further instructions. Id. at ¶ 13. Brunt believed it necessary to immediately secure the office to prevent the destruction or removal of relevant evidence; he also wanted assistance at SCCCTF if a large amount of material was discovered. Id. at ¶ 13.

Later that morning, Samuels and Brunt met Sweetman at Major Wheeler's office. They discussed the information they had learned from Crawford about DeMaine's note-taking. Id. at ¶ 14. During the meeting with Wheeler, they contacted Colonel Bardelli, and informed him that they believed it was necessary to search for DeMaine's files or notes, and asked for his permission. Bardelli gave them permission to search for DeMaine's notes, after concluding that it was within their authority to do so under the provisions of the A& O Manuel. Id. at ¶ 15.

The defendants had no interest in any of DeMaine's personal belongings or information; they were searching only for any information pertaining to the comings and goings of Sergeant Luther (one of those suspected of overtime abuses), and any files concerning investigations or other reports by other detectives in the unit that DeMaine might have kept in his desk. Id. at ¶ 16.

DeMaine was on duty on Dec. 1, 1998, and was working the day shift in the New Haven SCCCTF office. Id. at ¶ 17. DeMaine was inside the SCCCTF unit building when defendants Youngquist, Carona and Wack arrived and ordered members of the unit, including the plaintiff, to leave the building.⁴ They complied. Samuels and Battle arrived while DeMaine and the other members of the unit were waiting outside. They instructed all members of the SCCCTF unit to return to the unit office. Id. at ¶ 23. All the defendants were inside the office when Samuels ordered all members of the unit, except DeMaine, to again exit the building. Samuels then announced to DeMaine's co-workers that DeMaine was a witness to their alleged misconduct, and ordered DeMaine to remain in the unit. DeMaine was surrounded by the defendants who were all superior ranking officers in possession of weapons. Id. at ¶ 24.⁵ DeMaine was detained by the defendants. Id. at ¶ 25.

Samuels then informed DeMaine that he intended to search DeMaine's desk, day planner, computer and car, despite DeMaine's objections that defendants were not to search his personal belongings. When DeMaine attempted to observe the scope and extent of the search of his personal belongings, Samuels ordered Brunt and Carona to take DeMaine outside. Once outside, DeMaine was detained by Brunt and Carona, and was escorted to a rear wall while he was not permitted to leave or move about freely. Id. at ¶ 26. DeMaine was then ordered to return to the SCCCTF building, where he observed defendant Youngquist reviewing his employment evaluations and other personal items that he had in his desk. DeMaine's personal day planner was also seized and searched at Samuels' order. Id. at ¶ 27.

DeMaine's vehicle was issued by the state police to him, and he was exclusively assigned to it. DeMaine stored personal effects and clothing in the vehicle. Id. at ¶ 28. While DeMaine was outside with the defendants, they searched his CSP-issued car. After the search of the vehicle failed to uncover any relevant material, plaintiff was again ordered to return to the SCCCTF unit office, where he was questioned about notations on his day planner. Id. at ¶ 29.⁶ After approximately two hours, defendants released DeMaine and departed. Id. at ¶ 30. None of the defendants physically restrained DeMaine or threatened him with administrative sanctions or arrest. Id. at ¶ 31. DeMaine was never arrested or charged with any crime. Id.

Defendants have moved for summary judgment on DeMaine's § 1983 count, and have asked this Court to dismiss the remaining state law claims. Defendants argue that DeMaine had no objectively reasonable expectation of privacy in the places and things searched, or alternatively, that the...