Dye v. City of Warren

• Decision Date: 22 April 2005
• Docket Number: No. 4:03CV2593.,4:03CV2593.
• Citation: 367 F.Supp.2d 1175
• Parties: Randy DYE, Plaintiff v. CITY OF WARREN, et al., Defendants.
• Court: U.S. District Court — Northern District of Ohio

Page 1175

367 F.Supp.2d 1175

Randy DYE, Plaintiff v. CITY OF WARREN, et al., Defendants.

No. 4:03CV2593.

United States District Court, N.D. Ohio, Eastern Division.

April 22, 2005.

COPYRIGHT MATERIAL OMITTED

Kenneth D. Myers, Esq., Cleveland, OH, for Plaintiff.

James E. Sanders, Esq., City of Warren, Department of Law, Warren, OH, Jill S. Patterson, John S. Kluznik, Sr., Hilary S. Taylor, Esq., Weston, Hurd, Fallon, Paisley & Howley, Cleveland, OH, for Defendants.

ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

WELLS, District Judge.

This matter arose when various members of the City of Warren police force initiated two traffic stops against Randy Dye. As a result of those stops, Mr. Dye brought a three-count claim, pursuant to 42 U.S.C. § 1983, against the police officers and the City of Warren

City of Warren Chief of Police John Mandopoulos (variously referred to as "Chief Mandopoulos" or "Chief") and the City of Warren ("City") have placed before this Court their separate motions for summary judgment of plaintiff Randy Dye's ("Dye") complaint against the Chief and certain John Doe police officers for excessive force and against the City for failure to properly train the officers. (Docket Nos. 18, 19, 20). Chief Mandopoulos urges summary judgment on the basis of qualified immunity, statute of limitations, and collateral estoppel. (Docket No. 20). The City urges summary judgment predicated on the argument that no policy or custom of the City precipitated a constitutional violation. (Docket No. 19). In addition, both defendants address the need to dismiss unidentified defendant officers "John Does 1-5" pursuant to the one-year limitations for assault and battery under Ohio Revised Code § 2305.11. Mr. Dye has provided a response and the defendants have submitted a joint reply. (Docket Nos. 22. 23).

The plaintiff leveled constitutional and statutory law claims against defendants John Mandopoulos, City of Warren and unnamed Warren police officers John Doe 1-5. (Docket No. 1). Specifically, Mr. Dye mounts three charges: Chief Mandopoulos' actions during an initial traffic stop constituted a violation of his Fourth Amendment right to be free from excessive force (Count I); Chief Mandopoulos and Officers John Doe 1-5 violated his Fourth Amendment right to be free from excessive force during the second traffic stop (Count II); and, the City of Warren failed to properly train its police officers in violation of the City's obligation to maintain lawful policies and procedures pursuant to Monell v. Dept. of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978) (Count III). Id.

I. BACKGROUND

The events precipitating this matter occurred on January 11, 2002¹ just shy of Mr. Dye's nineteenth birthday. Mr. Dye recounts in his complaint that he was driving through Warren, Ohio around noon, after visiting with his grandmother at a local hospital. (Affidavit of Randy Dye, Exhibit A to Plaintiff's Responses to Defendants' Motions for Summary Judgment, ¶ 3). Traveling westbound on East Market Street in his mother's Buick Regal, Mr. Dye saw a single flash of white light in his rear-view mirror while he was stopped at a light. (Aff.¶ 4). Thinking the light was the reflection of another driver's mirror, the plaintiff proceeded along East Market through several intersections. (Aff.¶ 5). About this time Mr. Dye saw a flashing light and pulled to the shoulder of East Market Street "thinking a police car or emergency vehicle was passing on the way to an emergency." (Aff.¶ 7). Mr. Dye contends that he did not know, at the time, that Chief Mandopoulos was trying to pull him over to the side of the road. Id.

Chief Mandopoulos pulled up behind Mr. Dye's Buick in an unmarked SUV and approached plaintiff's vehicle. According to Mr. Dye's account, Chief Mandopoulos, who wore civilian clothes, quickly flashed his badge, identified himself as a detective with the City of Warren Police Department and asked for Mr. Dye's identification. (Aff.¶¶ 8, 9). Plaintiff responded by asking what he had done wrong. Mr. Dye recounts the Chief replied: "I'm the chief of fucking police, I don't care who you are and if you don't show me some ID, I'll drag you out of the car." (Complaint ¶ 15; Aff. ¶ 10). The Chief then reached into the driver's side window "grabbed plaintiff's shirt collar and then grabbed plaintiff by the throat while attempting to open plaintiff's car door." (Complaint ¶ 16; Aff. ¶ 13).

Fearing for his safety, Mr. Dye drove away until, "a couple of blocks" later, he came to his doctor's office where he stopped his car and "attempted to run to his doctor's office screaming for someone" to help him. (Affidavit ¶ 15). According to the complaint, as Mr. Dye stepped out of his car, Chief Mandopoulos grabbed him and forcibly dragged him to a police cruiser which had arrived at the scene where the Chief struck the plaintiff and "pounded plaintiff's head against the hood or roof of the police cruiser while other officer[s][sic] sprayed plaintiff's eyes with mace." (Complaint ¶ 19; Aff. ¶ 16). Other officers then shoved Mr. Dye so that he struck his Buick with his back and placed handcuffs on him "while continuing to rough him up." (Complaint ¶ 20; Aff. ¶ 17). Mr. Dye was then forcibly shoved into a police cruiser and taken to the Warren Police Station where the Chief and other officers "taunted plaintiff." (Complaint ¶ 21; Aff. ¶ 18). After being released from custody, Mr. Dye sought medical attention at a hospital where he was "treated for a concussion, and sprains of the wrist and neck." (Complaint ¶ 23; Aff. ¶ 20). Mr. Dye subsequently sought psychological and psychiatric treatment as a result of the incident. (Complaint ¶ 24).

Chief Mandopoulos' version of events differs markedly from Mr. Dye's. According to the affidavit of Chief Mandopoulos, he began pursuing Mr. Dye's vehicle when he observed the plaintiff drive through a red light on East Market Street narrowly missing two vehicles that were turning off of Eastland and on to Market. (Affidavit of John Mandopoulos, Exhibit B to Motion for Summary Judgment on Behalf of Defendant Chief Mandopoulos, ¶ 3). According to Chief Mandopoulos, he pulled Mr. Dye over at East Market, just west of Laird Street and approached the vehicle, whereupon Mr. Dye "screamed `fuck you, you didn't read me my Miranda rights,"' and drove off. (Aff.¶ 4).

Chief Mandopoulos returned to his SUV and pursued Mr. Dye's vehicle using his lights and siren as plaintiff "drove very recklessly, zigzagging between cars." (Aff.¶ 6). The Chief caught up with Mr. Dye's vehicle at East Market and Chestnut but the plaintiff refused to stop until Market Street and Park, where the Chief boxed Mr. Dye's vehicle in and approached the car. (Aff.¶¶ 5, 6, 7).

According to the Chief, Mr. Dye first refused to exit the vehicle, then left the vehicle and "began screaming for someone to call his mother, his doctor, the Tribune, the Vindicator, and Attorney Ivancheck." (Aff.¶ 7). The Chief grabbed for Mr. Dye as the plaintiff got back into his car and tried to start the Buick. (Aff.¶ 8). In the process Mr. Dye managed to slam the car door into the Chief's right hand. (Aff.¶ 8). The Chief then pulled the keys from the ignition and removed Mr. Dye from the car. (Aff.¶ 9). According to the Chief's account, at that point several patrolmen who had arrived at the scene assisted the Chief in handcuffing Mr. Dye who continued to struggle violently but then stopped yelling as "his eyes rolled back in his head" whereupon Mr. Dye "became very violent and began screaming for someone to get Dr. Smedi." (Aff.¶ 9). Mr. Dye was placed into a patrol cruiser and taken to police headquarters where he was photographed, printed and released on bond. Id.

Included with Chief Mandopoulos' motion for summary judgment is the affidavit of William R. Wilson, a witness to the events at the second traffic stop of Mr. Dye. (Exhibit D to Defendant Mandopoulos' Motion for Summary Judgment). Mr. Wilson recounts that on the day of the incident he was visiting friends in the Atrium Building near the corner of Park Avenue and Market Street in Warren when the sounds of sirens and street commotion caused him to exit the building and witness Mr. Dye's arrest.² (Aff.¶¶ 3, 4). When Mr. Wilson reached the sidewalk he observed Mr. Dye's car pulled to the curb with the Chief's SUV behind and a police cruiser parked at an angle in front of the plaintiff's Buick. (Aff.¶ 5).

Mr. Wilson recounts that as the Chief approached Mr. Dye's vehicle, the plaintiff "was yelling that he wanted his rights and for someone to call his doctor, for someone to call his mother, and for someone to call the news media." (Aff.¶ 7). At the time Mr. Wilson thought plaintiff "had mental problems or was on drugs." (Aff.¶ 8). Mr. Wilson noted that Chief Mandopoulos was telling Mr. Dye that he needed to calm down and get out of the car. (Aff. ¶¶ 9, 10, 11). Mr. Wilson observed the Chief attempt to open the car door and take the plaintiff's keys from the ignition as Mr. Dye slammed the car door on the Chief's hand. Id. Mr. Wilson also noted the Chief made a second, successful attempt to take the keys from Mr. Dye's car. (Aff.¶ 12, 13). Mr. Wilson further observed the Chief and another officer remove Mr. Dye from the Buick whereupon the plaintiff "calmed down a little bit but became very combative when the officers were walking Dye toward the front of the cruiser." (Aff.¶ 14).

Mr. Wilson recounted Chief Mandopoulos was no longer involved with the plaintiff as other officers bent Mr. Dye, face down, onto the hood of the police cruiser to secure handcuffs to his wrists. (Aff.¶¶ 15, 16). According to Mr. Wilson, the plaintiff continued "screaming that he wanted his rights, for someone to call his mother, and for someone to call the news media." (Aff. ¶ 18). Mr. Wilson noted that Mr. Dye's yelling and fighting continued while officers worked to place him in the back seat of the police...