Fullerton v. Falls
| Decision Date | 30 September 2020 |
| Docket Number | Civil Action No.: 3:18-cv-3248-PGS-LHG |
| Parties | ROBERT FULLERTON, et al., Plaintiffs, v. TINTON FALLS, et al., Defendants. |
| Court | U.S. District Court — District of New Jersey |
This matter comes before the Court on Defendants' motion for summary judgment on the nine count Complaint. (ECF No. 29). During the course of this motion, Plaintiff voluntarily dismissed Counts III, IV and V ( . As such, only the six counts against Officer Reyes remain. They are:
On October 8, 2017 at about 5:00 p.m., Robert (father) and Bobbi Rene (daughter) Fullerton were at home. (PSOMF ¶ 1). Bobbi Rene was cleaning her fish tank and many of the fish tank materials were strewn about the kitchen. Robert requested that Bobbi Rene clean up her fish tank because he was preparing dinner. Robert exited the kitchen and walked outside onto the patio. (PSOMF ¶ 1). When Robert returned a few minutes later, the kitchen was still in disarray; and an argument erupted as Robert took Bobbi Rene's laptop so she would clean the kitchen. (Defs. Statement of Material Facts Not in Dispute (DSOMF) ¶ 1, ECF No. 29-1). This argument continued as the father and daughter walked out to the patio and it lasted for approximately thirty seconds to a minute. (PSOMF ¶ 1); (see DSOMF ¶1). After the argument concluded, Bobbi Rene went back inside while Robert remained on the patio. (See PSOMF ¶ 1).
Unbeknownst to Plaintiffs, Mr. Mercadante heard the argument, and called the Tinton Falls Police believing the argument to be a possible domestic violence dispute to which Office Reyes responded. (see DSOMF ¶¶ 3, 5). Officer Yurcisin was also dispatched.
Arriving first, Officer Reyes interviewed Mr. Mercadante at the park across the street from the Fullerton residence. (See DSOMF ¶¶ 3, 5). Mr. Mercadante allegedly told Officer Reyes that he had heard a man and woman yelling at each other from across the street, and pointed in the direction of the Fullerton residence. (See id. ¶ 5). After speaking with Mr. Mercadante, Officer Reyes proceeded, on foot, toward the Fullerton residence. (DSOMF ¶ 5).
Meanwhile, shortly after the 911 call was concluded, Lieutenant Kyle Pierson, a patrol lieutenant with the TFPD called Robert Fullerton, his longtime friend. (PSOMF ¶ 2).
During the telephone conversation between Lt. Pierson and Robert, Lt. Pierson informed Robert that the TFPD had received a call about some commotion near Plaintiffs' Residence. (See id.); (DSOMF ¶ 10). Robert advised that he and Bobbi Rene had engaged in an innocuous argument about cleaning a fish tank, but that the argument had concluded. (See PSOMF ¶ 3). Acknowledging this information, Lt. Pierson informed Robert that a police officer would be following up. (DSOMF ¶ 10).
After the phone conversation ended, Lt. Pierson radioed Officers Reyes and Yurcisin to alert them that he had just spoken with Robert, that the disturbance was a relatively harmless father-daughter argument, and ordered the officers to "proceed with caution." (PSOMF ¶¶ 3, 5).To "proceed with caution" means: "Just slow down, turn off your lights and sirens, there's no reason to put the public at risk if I don't believe it's a situation that warrants us going through lights and stop signs." ; (see PSOMF ¶ 3). Officer Yurcisin verbally acknowledged receipt of Lt. Pierson's radio transmission; but it is unclear whether Officer Reyes heard Lt. Pierson's direction.
Officer Reyes walked to the front door of the house, he knocked on the door and rang the doorbell several times, but Plaintiffs did not immediately answer the door. (Id. ¶ 13). Evidently, while Officer Reyes was knocking on the front door, Robert was standing on his outdoor patio and may have still been on the phone with Lt. Pierson. (PSOMF ¶ 8). Robert eventually heard the knocking and ended his phone conversation with Lt. Pierson to answer the door1. (Id.).
The parties' versions of what happened next differ in several important respects.
Plaintiffs allege that Robert Fullerton opened the front door of his residence expecting to see a police officer on his front stoop, but nobody was there. (PSOMF ¶ 8). As Robert looked outside, he saw Officer Reyes standing by the garage approximately twenty-five feet away from him. (Id.). Robert walked outside, and stepped onto the front stoop. (Id. ¶ 9). As he walked onto the stoop, and while the front door was still open, Sadie, Plaintiffs' younger German Shepherd, "brushed past [Robert]" in the direction of Officer Reyes. (Id. ¶ 9). Robert claims that Sadie was neither barking nor growling as it ran toward Officer Reyes. (Id.).
Plaintiffs allege that Sadie was a few feet from Officer Reyes when Robert observed Reyes pull his gun and point it at Sadie; Robert yelled several times to Officer Reyes, "Don't shoot!" (Id.). Despite Robert's plea, Officer Reyes fired at Sadie, shooting the dog. (Id.). The dog immediately turned away from Reyes and crossed Robert's path when Officer Reyes fired again hitting Sadie for the second time. (Id.). Plaintiffs claim that Sadie was then at a 90-degree angle when Officer Reyes fired his third and final shot into Sadie. (Id.). The dog was allegedly knocked backwards and stumbled around in the grass. (Id.).
In shock, Robert claims that he ran toward the dog, but Officer Reyes ordered him to the ground and pointed his gun at Robert's face. (Id.). Robert complied, raised both his hands, and continuously asked Officer Reyes why he had shot the dog. (Id.).
Immediately thereafter, Bobbi Rene heard popping noises and a dog whimpering from outside. (Id. ¶ 14). As Bobbi Rene approached the front door of the house, which was still open, Hannah, the older German Shepherd, was directly in front of Bobbi Rene and exited the house first. (Id.). Bobbi Rene claims that Hannah "wobbled" toward Officer Reyes, then Officer Reyes fired at Hannah, and Reyes fired again a few moments later, shooting the dog once more. (See id.). Plaintiffs allege that Officer Reyes then pointed his gun at Bobbi Rene's face while she repeatedly begged Officer Reyes not to shoot her. (Id.). Both dogs, still alive at this time, ran toward the back of the house. (Id.). Bobbi Rene told Officer Reyes that she had to tend to her dogs, so she ran past him toward the back of the house to look for the dogs. (Id.).
Officer Reyes's account of the events, on the other hand, are quite different from Plaintiffs'. According to Reyes, after he knocked on the door several times and nobody answered, he walked toward the garage. (See DSOMF ¶ 13). Officer Reyes neither saw nor heard the Fullertons or the dogs at this time. (See id.). Reyes alleges that a few seconds later, the front door of the Fullertonresidence opened suddenly, and he saw a German Shepherd (Sadie), "unleashed and uncontrolled," running toward him. (Id. ¶ 14). Officer Reyes alleges that he took a few steps back to create space between him and the dog, but the dog "charged" at him, and he was forced to shoot the dog for his own safety. (Id. ¶ 15).
After he fired at Sadie, Officer Reyes claims that he saw Robert Fullerton exit the house. (Id.). Officer Reyes ordered Robert to the ground at gunpoint as Robert shouted profanities and asked why the dogs were shot. (See id. ¶ 16). As his gun was pointed at Robert, Officer Reyes then saw a second German Shepherd (Hannah) emerge from the house, charging at him "in the same aggressive manner" as the first dog. (Id. ¶ 19). Officer Reyes alleges that, once again, for his safety, he was forced to shoot the second dog. (Id. ¶¶ 19, 21). Officer Reyes then saw Bobbi Rene exit the house and he ordered her to the ground at gunpoint. (Id. ¶ 22). Bobbi Rene also used profanity when asking why Officer Reyes shot the dogs. (See id.). Bobbi Rene did not comply with Officer Reyes' orders to lay on the ground and instead ran after the injured dogs. (Id. ¶ 23). Officer Reyes still pointed his gun at Robert.
The parties agree that a few minutes later Officer Yurcisin arrived at the scene, at which point Officer Reyes put his gun away. (PSOMF ¶ 23). Moments later, several TFPD officers, including Lt. Pierson, and other local police officers arrived at the scene. (See id. ¶ 24). Both dogs were immediately taken to a local veterinary hospital to receive emergency medical care. (See DSOMF ¶ 24). Sadie died while Hannah lived, but suffered severe injuries. (Id.).
The incident was investigated by the TFPD Internal Affairs Unit and the Monmouth County Prosecutor's Office. (Id. ¶ 25). The TFPD concluded that Officer Reyes did not violate any policies, guidelines, or procedures concerning the discharge of his firearm. (Id. ¶ 26). The TFPD, however, also found that Officer Reyes failed to activate his Mobile Video Recorder(MVR) camera and microphone upon arrival at the scene; as such, Officer Reyes received a one-day suspension. (Id. ¶ 27). The Monmouth County Prosecutor's Office similarly concluded that Officer Reyes's firearm discharge was conducted within the relevant guidelines. (Id. ¶ 29).
The standard for granting summary judgment is a "stringent one." Robinson v. Winslow Twp., 973 F. Supp. 461, 466 (D.N.J. 1997). Summary judgment is appropriate under Fed. R. Civ. P. 56 when the moving party demonstrates that there is no genuine issue of material fact and the evidence establishes the moving party's entitlement to judgment as a matter of law. Celotex Corp. v. Catrett, 477 U.S. 317, 322-23 (1986); Fed. R. Civ. P. 56(a).
A factual dispute is genuine if a reasonable jury...
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