Dent v. Montgomery County Police Dep't

• Decision Date: 17 September 2010
• Docket Number: Civil Action No. DKC 08–0886.
• Citation: 745 F.Supp.2d 648
• Parties: Melissa DENTv.MONTGOMERY COUNTY POLICE DEPARTMENT, et al.
• Court: U.S. District Court — District of Massachusetts

745 F.Supp.2d 648

Melissa DENT

v.MONTGOMERY COUNTY POLICE DEPARTMENT, et al.

Civil Action No. DKC 08–0886.

United States District Court, D. Maryland.

Sept. 17, 2010.

Cary Johnson Hansel, III, Levi S. Zaslow, Greenbelt, MD, for Plaintiff.Patricia Lisehora Kane, Rockville, MD, for Defendants.

MEMORANDUM OPINION

DEBORAH K. CHASANOW, District Judge.

Presently pending and reading for review in this civil rights case are: (1) a motion for summary judgment filed by Defendants Montgomery County Police Department, et al. (Paper 35) and (2) a motion to modify the scheduling order and extend time to respond to Defendants' motion for summary judgment (Paper 39). The issues have been fully briefed and the court now rules pursuant to Local Rule 105.6, no hearing being deemed necessary. For the reasons that follow, Defendants' motion for summary judgment will be granted in part and denied in part and Plaintiff's motion to modify the scheduling order will be denied.

I. BackgroundA. Facts

The following facts are undisputed. As of October 2006, when the events relevant to this case occurred, Plaintiff Melissa Dent was a resident of Gaithersburg, Maryland. Defendants are the Montgomery County Police Department, Officer Adam Siegelbaum, Officer Kimberly Wilson, Officer John Mullaney, and Officer Jennifer Phoenix.

On October 7, 2006, Officers Siegelbaum, Wilson, Mullaney, and Phoenix (the “Officers”) were dispatched to Plaintiff's home after Plaintiff's friend, Sabrina Gorham, called 911 for emergency assistance. (Paper 35, Ex. 1, Nos. 4, 7; Paper 43, Ex. A ¶ 16; Paper 43, Ex. B ¶ 6). Ms. Gorham told the 911 dispatcher that Plaintiff had taken some pills and asked for an ambulance. ( Id.). Officer Siegelbaum arrived at Plaintiff's house first. (Paper 35, Ex. 1, No. 7; Paper 43, Ex. A ¶ 17; Paper 43, Ex. B ¶ 9). Plaintiff, Ms. Gorham, and her husband Sean Gorham were inside Plaintiff's home. Officer Siegelbaum questioned Plaintiff about whether she was attempting to commit suicide and how many pills she took. (Paper 35, Ex. 1, No. 7; Paper 43, Ex. A ¶¶ 18–24; Paper 43, Ex. B ¶ 10–11, 17). Officer Siegelbaum told Plaintiff that she was going to be taken to the hospital. (Paper 35, Ex. 2, No. 4; Paper 43, Ex. A ¶ 26). Plaintiff refused to be taken to the hospital. (Paper 35, Ex. 1, No. 4; Paper 35, Ex. 3, No. 4; Paper 43, Ex. A ¶ 26). While this exchange took place, Officers Mullaney and Phoenix arrived, followed by Officer Wilson. (Paper 43, Ex. A ¶¶ 29–30; Paper 43, Ex. B ¶¶ 15). These Officers also asked Plaintiff and her friends questions about whether Plaintiff was attempting to commit suicide and how many pills she took. (Paper 35, Ex. 1, No. 4; Paper 35, Ex. 2, No. 4; Paper 43, Ex. A ¶¶ 29–30; Paper 43, Ex. B ¶¶ 15).

Nearly all of the remaining facts are in dispute.

The Officers report the following facts: The Officers were dispatched to Plaintiff's house for a “suicide in progress.” (Paper 35, Ex. 1, No. 4, 7). The Officers observed beer and pill bottles lying around the home. ( Id.). When the Officers arrived, they observed that Plaintiff had red, watery, bloodshot eyes and spoke in slurred speech. (Paper 35, Ex. 5, at 28). The Officers asked Plaintiff how many pills she had taken and she gave varying responses to the question, eventually responding that she had taken the “whole fucking bottle.” (Paper 35, Ex. 1, No. 4). The Officers pleaded with Plaintiff for her to go with them for an emergency evaluation petition at the Shady Grove Adventist Hospital. (Paper 35, Ex. 1, Nos. 4, 7; Ex. 2; Ex. 3, No. 4; Ex. 4). Plaintiff refused to go with the Officers. Plaintiff became violent, combative, and agitated. (Paper 35, Ex. 1, Nos. 4, 7, 22; Ex. 2, Nos. 4, 22). The Officers were concerned about Plaintiff's health and safety and thought she had ingested drugs and alcohol. (Paper 35, Ex. 1, No. 7). The Officers thought that an overdose effect might occur. ( Id.).

The Officers told Plaintiff that they needed to handcuff her and take her to the hospital. (Paper 35, Ex. 2, No. 4). Plaintiff swung her lit cigarette at Officer Siegelbaum. (Paper 35, Ex. 1, No. 7). Officer Mullaney tried to grab Plaintiff's left arm for handcuffing, and Plaintiff actively resisted, kicked, and tried to bite the Officers. (Paper 35, Ex. 1, No. 7; Ex. 2, No. 4). The Officers instructed Plaintiff to stop resisting, calm down, and give them her hands. (Paper 35, Ex. 1, No. 7; Ex. 2, No. 4; Ex. 3, No. 4). Plaintiff responded with more physical resistance. (Paper 35, Ex. 1, No. 4; Ex. 2, No. 4; Ex. 3, No. 4; Ex. 4, No. 4). The Officers warned Plaintiff that she needed to cooperate or she would be Tased. (Paper 35, Ex. 3, No. 4). Officer Mullaney attempted to handcuff Plaintiff's left arm, Officer Siegelbaum attempted to handcuff her right arm, and Officer Wilson attempted to control Plaintiff's kicking legs. (Paper 35, Ex. 1, No. 7; Ex. 2, No. 4; Ex. 3, No. 4). Plaintiff kicked Officer Wilson in the inner thigh and bit Officer Siegelbaum. (Paper 35, Ex. 3, No. 4; Ex. 1, No. 16). Officer Wilson radioed for further backup. (Paper 35, Ex. 3, No. 4). Officer Siegelbaum and Officer Wilson Tased Plaintiff so that they could handcuff her. (Paper 35, Ex. 1, No. 4; Ex. 3, No. 4; Ex. 4, No. 4).

Emergency fire and rescue personnel were on the scene, but it was decided that Plaintiff would be transported to the hospital in the police cage car because of Plaintiff's violent behavior. (Paper 35, Ex. 2, No. 8; Ex. 3, No. 8). The Officers asked the fire and rescue personnel what symptoms of overdose they should watch for during transport and were warned about possible complaints of chest pain. (Paper 35, Ex. 2, No. 8). In route to the hospital, Plaintiff complained of chest pains. (Paper 35, Ex. 1, No. 8; Ex. 2, No. 8). Officer Siegelbaum pulled the car over at a fire station so Plaintiff could be transferred into an ambulance for the rest of the ride to the hospital. (Paper 35, Ex. 1, No. 18; Ex. 2, No. 18). Officer Mullaney rode with Plaintiff in the ambulance. (Paper 35, Ex. 1, No. 8; Ex. 2, No. 8). Officer Phoenix prepared an emergency evaluation petition and Plaintiff was evaluated at Shady Grove Adventist Hospital. (Paper 35, Ex. 8). Plaintiff's blood alcohol level was .284. (Paper 35, Ex. 9, at 7). Plaintiff was transferred to Potomac Ridge Behavioral Health, where she was admitted for three days. (Paper 35, Ex. 10).

Plaintiff's version of the facts is strikingly different. Plaintiff reports the following facts: On October 7, 2006, Plaintiff drank approximately four beers during the day in the company of two of her neighbors. (Paper 43, Ex. A ¶ 3, 4; Ex. C ¶ 3). That day, Plaintiff's children were at Ms. Gorham's home. (Paper 43, Ex. A ¶ 4; Ex. B ¶ 1). Plaintiff decided to go to bed early, and took one or two sleeping pills. (Paper 43, Ex. A ¶¶ 6–7). Before Plaintiff went to sleep, she called Ms. Gorham to make sure that everything was set for Plaintiff's children to stay overnight at the Gorhams' home. (Paper 43, Ex. A ¶ 9; Ex. B ¶ 2). Plaintiff told Ms. Gorham to tell Plaintiff's children that she said goodnight and that she loved them. (Paper 43, Ex. A at ¶ 11; Ex. B ¶¶ 2–3). Ms. Gorham expressed that Plaintiff sounded loopy or drowsy. (Paper 43, Ex. A ¶ 10; Ex. B ¶ 3). Plaintiff indicated that she was fine and that her sleeping pills made her drowsy. (Paper 43, Ex. A ¶ 10).

Shortly thereafter, Ms. and Mr. Gorham decided to check on Plaintiff to make sure that she was okay, so they let themselves into her house with a key. (Paper 43, Ex. A ¶ 13; Ex. B ¶ 4). Plaintiff was in her room, and Ms. Gorham asked Plaintiff to come downstairs and sit on the couch; she did so and began to smoke cigarettes. (Paper 43, Ex. A ¶ 14; Ex. B ¶ 5). There were no beer or pill bottles lying around the home. (Paper 43, Ex. A ¶ 37; Ex. B ¶¶ 12–13). Ms. Gorham called 911 and asked for an ambulance. (Paper 43, Ex. A ¶ 16; Ex. B ¶ 6). Ms. Gorham told the dispatcher that Plaintiff sounded a bit loopy and that she had taken a couple of pills. ( Id.). Ms. Gorham told the dispatcher that Plaintiff was not suicidal. (Paper 43, Ex. B ¶ 7). Ms. Gorham reported that Plaintiff seemed alert. ( Id.). The 911 dispatcher said that an ambulance would be sent to Plaintiff's house. ( Id.).

About ten minutes later, Officer Siegelbaum arrived. (Paper 43, Ex. A ¶ 17; Ex. B ¶ 9). Officer Siegelbaum repeatedly questioned Plaintiff and Ms. Gorham and accused Plaintiff of attempting suicide. (Paper 43, Ex. A ¶¶ 18–24; Ex. B ¶¶ 10–11, 17). Plaintiff told Officer Siegelbaum that she had taken one or two pills. ( Id.). Officer Siegelbaum told Plaintiff that she would be taken to the hospital. (Paper 43, Ex. A ¶ 26). Plaintiff did not want to go to the hospital in the custody of a police officer. ( Id.). Officer Siegelbaum continued to tell Plaintiff that she had attempted suicide and question her about the number of pills she took. (Paper 43, Ex. A ¶¶ 18–24; Ex. B ¶¶ 10–11, 17–18).

The other Officers arrived and questioned Plaintiff in an aggressive and hostile manner. (Paper 43, Ex. A ¶¶ 29–30; Ex. B ¶ 15). The emergency medical personnel waited outside of Plaintiff's home but were not permitted to enter. (Paper 43, Ex. A ¶ 28; Ex. C ¶¶ 7–9). No Officer asked Plaintiff if she would be willing to be seen by a paramedic or other emergency medical professional. (Paper 43, Ex. A ¶ 28). Officer Siegelbaum asked Ms. Gorham to retrieve the pill bottle for her sleeping pills, which she did. (Paper 43, Ex. A ¶ 37; Ex. B ¶ 14). Officer Siegelbaum called Poison Control, and the other Officers continued to question Plaintiff. (Paper 43, Ex. A ¶ 38). Plaintiff did not become aggressive with the Officers or verbally or physically threaten them. (Paper 43, Ex. A ¶¶ 27, 32–34; Ex. B at ¶¶ 18–22). When asked how many pills she took, Plaintiff did state, “Fuck it! I took one or two!” but did not say that she took “the whole fucking bottle.” (Paper 43, Ex. A ¶¶ 35–36; Ex. B ¶¶ 11, 16). Plaintiff told the...