DeSantis v. Town of Cheektowaga
| Decision Date | 31 March 2020 |
| Docket Number | 17-CV-148S |
| Parties | NICHOLAS DeSANTIS, Plaintiff, v. TOWN OF CHEEKTOWAGA, TOWN OF CHEEKTOWAGA POLICE OFFICER GRAY, TOWN OF CHEEKTOWAGA POLICE OFFICER DeVINCENTIS, TOWN OF CHEEKTOWAGA POLICE OFFICER FILIPSKI, TOWN OF CHEEKTOWAGA POLICE SUPERVISOR SCHMIDT, ANDREA CULP, and LEE CULP, Defendants. |
| Court | U.S. District Court — Western District of New York |
In this action, Plaintiff Nicholas DeSantis alleges that the defendants violated his constitutional rights during and subsequent to a child-custody exchange that occurred in 2014 at his residence in Cheektowaga, New York. Presently before this Court are the defendants' motions for summary judgment. (Docket Nos. 21, 23.) For the reasons that follow, this Court finds that the defendants are entitled to summary judgment on all causes of action against them except for DeSantis's claim that Defendant Officer DeVincentis entered his apartment in violation of his Fourth Amendment rights. Consequently, Defendants Andrea and Lee Culp's motion for summary judgment will be granted in its entirety, and Defendant Officer DeVincentis's motion for summary judgment will be granted in part and denied in part.1
On February 16, 2014, law enforcement responded to a call for assistance in a child-custody exchange between DeSantis and Andrea Culp. DeSantis, who failed to respond to numerous attempts to contact him, was eventually found passed out drunk in his residence after members of Andrea's family and Defendant Officer DeVincentis entered his residence.2 This incident played prominently in a subsequent family court proceeding between DeSantis and Andrea, resulting in testimony there that differs from testimony provided here. But aside from those differing versions, the majority of the facts are undisputed.
DeSantis and Andrea Culp are the biological parents of M.D., a minor born in 2008. (DeVincentis's Rule 56 Statement of Facts ("DeVincentis's Statement"), Docket No. 23-1, ¶ 1.3) DeSantis and Andrea lived together raising M.D. until their relationship ended in 2009. (Id. ¶ 2.) Andrea later married Defendant Lee Culp, M.D.'s stepfather, on December 1, 2013. (Id. ¶ 6; Family Court Testimony of Lee Culp, Docket No. 29-1, pp. 168-69.)
Shortly after their relationship ended, DeSantis and Andrea Culp entered a custody agreement that provided Andrea residential custody of M.D., with DeSantis entitled to weekly, overnight, and holiday visitation pursuant to a set schedule. (DeVincentis's Statement, ¶ 7.) As relevant here, DeSantis had custody of M.D. on alternate weekends from after school Friday until 8:00 p.m. Sunday, at which time Andrea would pick up M.D. from DeSantis's residence. (Id. ¶¶ 8-11.)
DeSantis resided in the upper apartment of a duplex on Cavalier Drive in Cheektowaga. (Id. ¶¶ 3, 4.) Entry to the duplex was through a side exterior door, which led to a common stairway shared by the lower and upper apartments. (Id. ¶ 5.) A door at the top of the stairs led directly into DeSantis's apartment. (Id.)
At the appointed time on alternate Sunday nights, Andrea Culp would drive to DeSantis's residence and notify him when she had arrived. (Id. ¶ 10.) Andrea would then wait for M.D. outside the exterior door until DeSantis brought M.D. down for the exchange of custody. (Id. ¶¶ 9, 10.) The two parents never had any issues concerning the transfer of custody in this way before Sunday, February 16, 2014. (Id. ¶ 10.)
DeSantis had custody of then five-year-old M.D. on Sunday, February 16, 2014. (Id. ¶¶ 12, 13.) That day, DeSantis and M.D. went out to breakfast and shopped and then had two of DeSantis's friends over to listen to music, dance, socialize, and have a good time. (Id. ¶ 14; Deposition of Nicholas DeSantis ("DeSantis Dep."), Docket No. 29-5, p. 16.) But at some point during the day, DeSantis, who had a drinking problem, became intoxicated. (DeVincentis's Statement, ¶¶ 15, 16.) DeSantis does not knowwhen he started drinking or how much alcohol he consumed. (Id. ¶ 16; DeSantis Dep., p. 17.) After their guests left, M.D. and an intoxicated DeSantis played cards and "hung out" until about 7:00 p.m., when they watched a movie until they both fell asleep sometime before 8:00 p.m. (DeVincentis's Statement, ¶ 17; DeSantis Dep., p. 17.)
Meanwhile, the Culps arrived at DeSantis's residence around 7:55 p.m. to pick up M.D. as usual. (DeVincentis's Statement, ¶ 19.) DeSantis's vehicle was in the driveway and the lights in his apartment were on. (Id. ¶ 20.) Andrea Culp sent DeSantis a text message that she had arrived, but received no response. (Id. ¶ 21.) She waited until 8:00 p.m. and then phoned DeSantis several times, but he did not answer. (Id. ¶ 22.) Andrea then began knocking on the exterior side door until a child who resided in the lower apartment answered at approximately 8:15 p.m. (Id. ¶ 23.) Andrea explained who she was and asked the child to go upstairs and knock on DeSantis's door. (Id.) Still no answer. (Id.)
Continuing her efforts to reach DeSantis, Andrea Culp called DeSantis's mother, but she too was unable to reach DeSantis by phone. (Id. ¶ 25.) Andrea then tried shouting M.D.'s name from the stairwell, to no avail. (Id. ¶ 26.) Next, Andrea turned to her own parents for assistance. (Id. at ¶ 27.) They arrived at DeSantis's residence at approximately 8:30 p.m. and began looking for footprints or tire tracks to determine whether DeSantis and M.D. may have left the residence. (Id.) At that point, DeSantis's mother called Andrea back, and Andrea told her that she was going to call 911 since her efforts to reach DeSantis were all unsuccessful. (Id. ¶ 28.) Andrea then called 911, resulting in Defendant Officer Anthony DeVincentis being dispatched to the scene at 8:37p.m. (Id. at ¶ 29.)
This is where the testimony begins to diverge.
Approximately 17 months after the night in question, both Lee Culp and Andrea Culp testified about it during a family court proceeding. Andrea testified that before Officer DeVincentis4 arrived, her father, Gregory Croce, went into DeSantis's apartment, got M.D., and brought M.D. out to her car. (Family Court Testimony of Andrea Culp, Docket No. 29-2, p. 35.) She further testified that when Officer DeVincentis arrived, he went back into the apartment with M.D. and Lee because "[DeSantis] was passed out drunk." (Id. pp. 35, 81.)
Lee Culp testified differently. He stated that he, Croce, and Officer DeVincentis went into DeSantis's apartment together to get M.D. (Family Court Testimony of Lee Culp, pp. 180-81.) On his way up to the apartment, Lee observed that M.D.'s shoes were outside the door, that the door frame was broken, and that the door was ajar. (Id. pp. 175-76.) Once inside, Lee saw empty beer cans, a pizza box, and garbage around. (Id. p. 176.)
Lee next saw DeSantis and M.D. asleep together on the couch. (Id. p. 200.) He testified that Croce woke M.D. and then took M.D. out of the apartment. (Id. pp. 200-01.) Lee testified that he could smell alcohol and that DeSantis could not easily be woken. (Id. pp. 172, 176, 180, 193, 200.) Once woken, DeSantis could not sit up on his own andhad to be assisted by Officer DeVincentis. (Id. pp. 202-03.) According to Lee, it took 10 minutes to get DeSantis into a standing position. (Id. p. 203.)
While in the apartment, Lee took three photographs: one of DeSantis "passed out, drunk" on the couch (id. p. 172); one of the living area (id. p. 176); and one of a clock (id. p. 180). He testified that he took these photographs for "evidence, just in case" because DeSantis had been "threatening [he and Andrea] all weekend" that he would take M.D. away from them. (Id. pp. 181-82, 191-92.)
The deposition testimony in this action was given in late 2017, approximately three years after the night in question. While Andrea Culp's deposition testimony remained fairly consistent with her family court testimony, Lee Culp's did not.
Lee Culp testified at his deposition that he and Croce went into DeSantis's apartment to get M.D. before Officer DeVincentis arrived, which is markedly different than his family court testimony, where he said that he and Croce went into the apartment to get M.D. with Officer DeVincentis. (Id. ¶ 30; Deposition of Lee Culp ( ), Docket No. 29-4, pp. 14-16; DeVincentis's Statement, ¶ 30; Plaintiff's Statement, ¶ 30.) Lee testified that Croce sternly pressured him into accompanying him (Croce) into the apartment to get M.D., even though Lee was scared. (L. Culp Dep., p. 14.) Croce insisted that Lee must go in because "this is your son's life." (Id.) But in his family court testimony, Lee stated that Officer DeVincentis let them into the apartment, testifying "[t]hey said, come with us, and we came." (Family Court Testimony of Lee Culp, p. 181.)
Lee Culp's deposition testimony became more consistent when he described goinginto the apartment. He stated that when he and Croce reached the top of the stairs, they saw M.D.'s shoes on the landing and noticed that the door to DeSantis's apartment was ajar. (DeVincentis's Statement, ¶¶ 30, 31.) The two men shouted for DeSantis and M.D. from outside the second-floor door and then entered after there was no response. (Id. ¶¶ 32, 33; Plaintiff's Statement, ¶ 32.)
But the account diverges again upon entry into the apartment. Lee Culp testified at his deposition that he entered the apartment with Croce, and the two men saw DeSantis and M.D. laying on the couch. (DeVincentis's Statement, ¶ 33.) Neither of them moved or woke, even though Lee and Croce continued shouting as they entered the apartment. (L. Culp Dep., pp. 18-19.) Lee testified that he went to the couch and picked up M.D., at which point he could smell alcohol emanating from DeSantis. (Id. pp. 19-20; DeVincentis's Statement, ¶¶ 34, 35; Plaintiff's Statement, ¶ 35.)...
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