Estate of Smith v. Marasco
| Decision Date | 11 January 2002 |
| Docket Number | No. CIV. 00-CV-5485.,CIV. 00-CV-5485. |
| Citation | 227 F.Supp.2d 322 |
| Parties | ESTATE OF Robert Cecil SMITH; Pauline Smith, Individually and as Administrator of Estate of Robert C. Smith; Dana Smith and Wanda Smith, Plaintiffs, v. Trooper James MARASCO, et al., Defendants. |
| Court | U.S. District Court — Eastern District of Pennsylvania |
Jordan B. Yeager, Boockvar & Yeager, Bethlehem, PA, for plaintiffs.
Theodore E. Lorenz, Office of Atty. Gen., Philadelphai, PA, for defendants.
Plaintiffs, the Estate of Robert C. Smith, Pauline Smith, Dana Smith and Wanda Smith, have brought this action pursuant to 42 U.S.C. § 1983. Plaintiffs allege that defendants violated Robert Smith's rights under the First, Fourth and Fourteenth Amendments of the United States Constitution. They have also brought a wrongful death claim, a claim for intentional infliction of emotional distress and a survival action under state law against all of the defendants.
Presently before this Court is Defendants' Renewed and Amended Motion for Summary Judgment on all claims, filed by Defendants on October 26, 2001. Defendants filed a prior motion for summary judgment, but we granted plaintiffs' request under Federal Rule of Civil Procedure 56(f) for more discovery. The issues are now back before us in the renewed and amended motion. Oral argument was held on December 13, 2001. We have jurisdiction over this matter pursuant to 28 U.S.C. § § 1331, 1343 and 1367.
The court shall render summary judgment "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c). An issue is "genuine" only if there is a sufficient evidentiary basis on which a reasonable jury could find for the non-moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A factual dispute is "material" only if it might affect the outcome of the suit under governing law. Id. at 248, 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202. All inferences must be drawn, and all doubts resolved, in favor of the non-moving party. United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 8 L.Ed.2d 176 (1962); Gans v. Mundy, 762 F.2d 338, 341 (3d Cir.1985), cert. denied, 474 U.S. 1010, 106 S.Ct. 537, 88 L.Ed.2d 467 (1985).
On motion for summary judgment, the moving party bears the initial burden of identifying those portions of the record that it believes demonstrate the absence of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). To defeat summary judgment, the non-moving party must respond with facts of record that contradict the facts identified by the movant and may not rest on mere denials. Id. at 321 n. 3, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (quoting Fed.R.Civ.P. 56(e)); see First Nat'l Bank of Pennsylvania v. Lincoln Nat'l Life Ins. Co., 824 F.2d 277, 282 (3d Cir. 1987). The non-moving party must demonstrate the existence of evidence that would support a jury finding in its favor. See Anderson, 477 U.S. at 248-49, 106 S.Ct. at 2505.
This case arises out of events that took place during the late hours of July 10, 1999 and the early hours of July 11, 1999, and during the week that followed. On July 10, 1999, at approximately 10:30 p.m., two Pennsylvania state police officers, Trooper James Marasco ("Marasco") and Trooper Nicholas Scianna ("Scianna") arrived at the residence of the decedent in this case, Robert Cecil Smith ("Smith"), to investigate a complaint lodged by Smith's neighbor, Michael J. Shafer ("Shafer"), against Smith.1 (J. Marasco Dep. at 45, 60-64.)
Smith and several members of the Pennsylvania state police force had interacted on numerous occasions prior to July 10, 1999. Members of Troop L of the Pennsylvania state police had previously responded to complaints by Shafer and Smith against one another. (J. Marasco Dep. at 25-30.) Additionally, Smith had complained about misconduct by members of Troop L. Smith had, for example, filed a complaint with the state police against Corporal James Hamill ("Hamill"), a defendant named in the present case. (Penn. State Police Gen. Invest. Rep./IAD# 1999-543 at 11.) The state police thereafter charged Smith with making false reports to law enforcement, harassment by communication and harassment. (Crim. Compl. by Trooper E. Korvalski against Robert Smith, OT N:666498-0, Filed Jan. 24, 1992.) Smith had also filed another complaint with the state police, alleging that Weaver used excessive force in connection with an incident in October of 1998.2 (Penn. State Police Gen. Invest. Rep./IAD# 1999-543 at 11.)
Plaintiffs allege that through these interactions, defendants had knowledge of Smith's health conditions. According to plaintiffs, defendants knew that Smith had Post Traumatic Stress Disorder ("PTSD") resulting from his service as a Marine in Vietnam and that Smith had coronary disease. (Penn. State Police Gen. Invest. Rep./IAD# 1999-543 at 25; J. Marasco Dep. at 93, 103-05; E. Snyder Dep. at 74-75; T. Weaver Dep. at 60-62.) More specifically, they knew that Smith had undergone knee replacement surgery, suffered from hypertension, had recently been hospitalized, was required to be free from stressful situations and required medication. (M. Marcantino Dep. at 49; Snyder Dep. at 169; T. Weaver Dep. at 31.) Plaintiffs also allege that through these interactions, defendants discovered that Smith had a history of disagreements with Shafer, and that Smith believed that Shafer, a Caucasian individual, was prejudiced against Smith, an African-American individual. (G. Hall Dep. at 56; J. Marasco Dep. at 27-29.) Defendants, on the other hand, indicate that through these interactions, police learned that Smith possessed several weapons, had experience using them and was volatile. (J. Marasco Dep. at 102-03, 105.)
Although it is unclear whether Marasco and Scianna were planning simply to talk to Smith or to issue a citation when they initially arrived at Smith's residence on July 10, 1999, it is clear that they attempted to make contact with Smith. (Penn. State Police Gen. Invest. Rep./IAD# 1999-543 at 2, 5; J. Marasco Dep. at 63, 73-74; M. Rodriguez Dep. at 36.) At this time, they did not have an arrest warrant or a search warrant. (See generally Penn. State Police Gen. Invest. Rep./IAD# 1999-543.) No one answered when they knocked on the front door. (J. Marasco Dep. at 67-68.) They called the barracks and Corporal Mervin Rodriguez ("M. Rodriguez") advised them to have the residence telephoned and, if no one answered, to leave. (J. Marasco Dep. at 36; M. Rodriguez Dep. at 36.) No one answered the call placed by the barracks to the Smith residence. (J. Marasco Dep. at 80-82.) Marasco and Scianna did not leave, but went to the back of the house in search of Smith.3 (J. Marasco Dep. at 82; N. Scianna Dep. at 42-43.)
At some point while in Smith's yard, Scianna observed a small red light, a dot, in a window of the house; initially, he thought that someone inside the residence was videotaping them and that the red light might be coming from the video camera. (J. Marasco Dep. at 82, 166; N. Scianna Dep. at 41-42.) Marasco then saw a small red light shine on Scianna's body. (J. Marasco Dep. at 82-84, 117-19; N. Scianna Dep. at 43.) Believing that Smith was directing the light at Scianna and thinking that it was the light from a laser sight attached to a firearm, the officers retreated and called for back-up assistance. (J. Marasco Dep. at 83; N. Scianna Dep. at 41-45.) Plaintiffs, on the other hand, highlight that defendants never saw a firearm or anything resembling a firearm and could not be sure what the source of the light was, or who was projecting the light. (F. Fetterolf Dep. at 72, 73; M. Rodriguez Dep. at 76-77; N. Scianna Dep. at 40; E. Snyder Dep. at 140; T. Weaver Dep. at 91, 149, 187-88; A. Wenger Dep. at 40, 46.) Plaintiffs also point to evidence suggesting that the light could have emanated from Shafer's property rather than from Smith's. (Marasco Dep. at 84.)
C. Arrival of Back-Up Assistance and SERT Activation
Two other state police officers, M. Rodriguez and Trooper Thomas Rodriguez ("T. Rodriguez"), and local police officers initially responded to the call for assistance. (Penn. State Police Gen. Invest. Rep./IAD# 1999-543 at 6.) M. Rodriguez attempted to communicate with Smith over the public address system of his vehicle and tried to contact him by telephone, but was unsuccessful. (Id.) At some point, M. Rodriguez called Lieutenant Fetterolf ("Fetterolf") to request assistance from the state police's Special Emergency Response Team ("SERT"). (Id.) With Fetterolf's agreement, Corporal Hall ("Hall") of SERT was contacted. (Id.) Hall then contacted the Division Director of SERT, Captain Torkar ("Torkar"), and SERT was activated. (Id.)
Plaintiffs point out that Fetterolf made the decision to activate SERT even though he did not know from where the light was emanating or who was projecting the light, he did not have any indication that anyone had seen a weapon and he had not spoken to Marasco or Scianna. (F. Fetterolf Dep. at 30-31, 72, 113.) Plaintiffs also point to Hall's testimony that SERT should not have been activated unless the officers had or were in the process of preparing a warrant, or if there were exigent circumstances. (G. Hall Dep. at 39.) SERT was activated before the decision was made to obtain a warrant. (See...
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