Gardner v. Village of Grand River, Oh

• Decision Date: 31 January 1997
• Docket Number: No. 1:94 CV 2337.,1:94 CV 2337.
• Citation: 955 F.Supp. 817
• Parties: Thomas GARDNER, Plaintiff, v. VILLAGE OF GRAND RIVER, OHIO, et al., Defendants.
• Court: U.S. District Court — Northern District of Ohio

955 F.Supp. 817

Thomas GARDNER, Plaintiff, v. VILLAGE OF GRAND RIVER, OHIO, et al., Defendants.

No. 1:94 CV 2337.

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

January 31, 1997.

COPYRIGHT MATERIAL OMITTED

Mark V. Webber, Sergio Anthony Carano, Carl E. Cormany, Morris M. Reznick, Bernard S. Goldfarb, Cleveland, OH, for plaintiff.

Gerald R. Walker, Redmond, Walker & Koerner, Painesville, OH, Todd M. Raskin, Kimberly A. Brennan, Mazanec, Raskin & Ryder, Solon, OH, for defendant, Village of Grand River.

Jeffrey I. Sherwin, Timothy J. Kollin, Office of the Prosecuting Attorney, Cleveland, OH, for defendant Cuyahoga County, Ohio.

Joseph R. Tira, Quandt, Giffels, Buck & Rodgers, Cleveland, OH, for defendant, Village of Fairport Harbor, Thomas M. Coffman, Robert V. Dilgren.

NUGENT, District Judge.

This matter comes before the Court upon three separate Motions for Summary Judgment (Doc Nos. 58, 61 and 65): One by Defendants Village of Grand River, Ohio, Mayor and Safety Director John Herendeen, Chief of Police John Salerno, and Police Officer Anthony W. Powalie; one by Defendants the Village of Fairport Harbor, Ohio, Mayor and Safety Director Thomas M. Coffman, Chief of Police Robert V. Dilgren, and Police Officer Christopher J. Cichon; and a third by Defendants Cuyahoga County, Ohio, Sheriff Gerald T. McFaul, and Dispatcher James Jewell. For the following reasons, each of the Defendants' motions are GRANTED.

On November 14, 1994, Plaintiff Thomas Gardner (hereinafter "Mr. Gardner") filed a Complaint asserting a variety of claims pertaining to his October 17, 1994 traffic stop. Mr. Gardner's Third Amended Complaint sets forth twenty-two separate counts including claims arising under 42 U.S.C. § 1983, the Ohio Revised Code, as well as various state tort allegations arising under common law.

On July 19, 1995, Judge Paul R. Matia, who initially presided over the case, reassigned the case to this Court. In each of the named Motions for Summary Judgment the Defendants' argue that summary judgment should be granted in their favor, as no genuine issue of any material fact in controversy has been presented by Mr. Gardner to preclude a judgment as a matter of law. Mr. Gardner, on the other hand, contends that he has produced sufficient evidence to demonstrate a cause of action.

I.

A review of the pleadings, depositions, and exhibits reveals the following facts. On the morning of October 17, 1994, Officer Powalie was performing stationary radar monitoring of passing traffic on State Route 283 in the Village of Grand River, Ohio. Officer Powalie recorded Mr. Gardner's vehicle traveling forty-two miles per hour in a twenty-five mile per hour zone. Officer Powalie stopped Mr. Gardner to issue a traffic citation for speeding. Officer Powalie approached Mr. Gardner's vehicle and asked to see his driver's license. Upon receipt of Mr. Gardner's drivers license, Officer Powalie radioed Mr. Gardner's social security number for verification into the dispatcher for the Central Communications Division of the Lake County Sheriff's Department. At approximately 9:51 a.m., Dispatcher Secoy processed the license plate number provided by Officer Powalie through the Law Enforcement Automated Data System (hereinafter "LEADS"). LEADS indicated that Mr. Gardner's social security number matched a social security number used by an individual named Kaschell Stokes who was wanted in connection with an outstanding felony warrant issued by the Cuyahoga County Common Pleas Court. The warrant cautioned that Mr. Stokes was to be considered "armed and dangerous". The warrant further indicated that Kaschell Stokes used several aliases, but not one for Thomas Gardner. Dispatcher Secoy relayed all of this information to Officer Powalie. Officer Powalie requested a physical description of Mr. Gardner from Dispatcher Secoy. The description which was provided by Dispatcher Secoy matched the physical description of Mr. Gardner. While taking additional steps to confirm the validity of the warrant with Dispatcher Secoy, Officer Powalie observed Mr. Gardner, who was sitting in his vehicle, "lunge" over to the passenger side of the vehicle where he appeared to be reaching for something. Officer Powalie told Dispatcher Secoy what was happening. Dispatcher Secoy indicated that Fairport Harbor Police would be on the scene within moments to provide back up assistance.

Officer Powalie exited his vehicle with his service revolver drawn. He ordered Mr. Gardner to remain in his vehicle but to place his hands outside of the window. Mr. Gardner complied. At this point, Officer Cichon, a Fairport Harbor police officer arrived on the scene and exited his vehicle with his service revolver drawn. Mr. Gardner was ordered to get out of his car, put his hands over his head and put his back towards the officer's voice. Mr. Gardner complied. Mr. Gardner was then told to walk backwards toward the officers, stop, place his hands on his head and kneel down, which he did. Officer Powalie promptly handcuffed Mr. Gardner and told him he was wanted on a felony warrant. After conducting a pat-down search of Mr. Gardner, Officer Powalie placed Mr. Gardner inside his patrol car.

Based on Mr. Gardner's assertions that the warrant was not for him, Officer Powalie continued to check the validity of the warrant. He asked the dispatcher to provide him with the subject's distinguishing "marks, scars and tattoos" data. LEADS indicated that the subject had a pierced ear, a scar on his nose and tattoos on his chest and left forearm. Upon receiving this information the officers asked Mr. Gardner if he would consent to a visual search for tattoos and scars. Mr. Gardner complied, lifting up his shirt and sleeves. No tattoos or scars of any kind were observed.

Dispatcher Secoy then contacted the Cuyahoga County Sheriff's Department and informed them that Officers Powalie and Cichon may have in custody a suspect for whom the Cuyahoga County Common Pleas Court had issued a warrant, but said there were physical discrepancies between the suspect and the subject of the warrant including their race and age. Kaschell Stokes was described as a 5'8", black male with medium brown skin tone and brown eyes. Mr. Gardner is a white male, 5'11", with gray hair and brown eyes. Based on the information provided to him, Officer Jewell instructed Dispatcher Secoy to have the officers hold the suspect while he confirmed the information. Officer Jewell then instructed his Warrant Unit to bring in all of the information regarding the outstanding warrant. Officer Jewell observed a photo of Kaschell Stokes, which showed him to be a black male. After a review of the records, Officer Jewell determined that Mr. Gardner's social security number had been included in the warrant for Kaschell Stokes in error or that Stokes had fraudulently used that number sometime in the past. As a result, he removed Mr. Gardner's social security number from the system. He then contacted Dispatcher Secoy and advised her of the error. Dispatcher Secoy immediately radioed the officers, told them that Mr. Gardner was not the subject of the warrant.

Mr. Gardner was released at 10:41 a.m. after being detained for about fifty minutes.

II.

A. Federal Claims

Mr. Gardner alleges federal civil rights violations, pursuant to 42 U.S.C. § 1983. Counts I through VI are brought against Officer Powalie and Officer Chicon, in their individual and official capacities, for allegedly unreasonably failing to recognize from the physical description contained in the warrant that Mr. Gardner was not Kaschell Stokes, resulting in Mr. Gardner's alleged unlawful arrest and the searches of his person and vehicle. Count VII is brought against the Villages of Grand River and Fairport Harbor, their mayors and police chiefs, in their individual and official capacities, for allegedly failing to properly train, supervise, control and discipline Officer Powalie and Officer Chicon, respectively. Count XV is brought against Sheriff McFaul, in his official capacity, and Cuyahoga County, Ohio, for allegedly maintaining a policy of allowing the constitutional rights of innocent citizens to be violated as a means of verifying the accuracy of outstanding warrants issued prior to 1988. Count XVI is brought against Sheriff McFaul and Cuyahoga County, Ohio for allegedly failing to properly train, supervise, control and discipline its employees. Count XVII is brought against dispatcher Jewell, in his official capacity, for allegedly causing Mr. Gardner to be unlawfully detained and searched.

III.

A. Summary Judgment Standard

Summary judgment is appropriate where the court is satisfied "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). The burden of showing the absence of any such "genuine issue" rests with the moving party:

[A] party seeking summary judgment always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of `the pleadings, depositions answers to interrogatories, and admissions on file, together with affidavits, if any,' which it believes demonstrates the absence of a genuine issue of material fact.

Celotex v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986) (citing FED.R.CIV.P. 56(c)). A fact is "material" only if its resolution will affect the outcome of the lawsuit. Anderson v. Liberty Lobby, 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). Determination of whether a factual issue is "genuine" requires consideration of the applicable evidentiary standards. The court will view the summary judgment motion "in the light most favorable to the party opposing the motion." U.S. v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 994, 8 L.Ed.2d 176 (1962), see also U.S. v. Hodges X-Ray, Inc., 759 F.2d 557, 562 (6th Cir.1985).

Summary judgment should be...