Holeman v. City of New London
| Decision Date | 16 August 2004 |
| Docket Number | No. 3:00CV1608 (DJS).,3:00CV1608 (DJS). |
| Court | U.S. District Court — District of Connecticut |
| Parties | Marion HOLEMAN and Wallace Holeman, administratrixes of the Estate of Darrell Holeman, Plaintiffs, v. CITY OF NEW LONDON, et. al, Defendants. |
Richard Hustad Miller, Uncasville, CT, Sandy M. Moore, New London, CT, for Plaintiffs.
Alexandria L. Voccio, Daniel C. DeMerchant, Jay T. DonFrancisco, Thomas R. Gerarde, Howd & Ludorf, Neil D. Parille, Attorney General's Office, Hartford, CT, Jeffrey T. Londregan, Conway & Londregan, New London, CT, for Defendants.
Lynn D. Wittenbrink, Attorney General's Office, Hartford, CT, for Movants.
The administrators of the estate of Darrell Holeman, Marion Holeman and Wallace Holeman, bring this 42 U.S.C. § 1983 action against defendants the City of New London, the New London Police Department, Gasper Vincent Garcia, Bruce Rinehart, Greg Williams, and John Doe. Plaintiffs allege that defendants violated Darrell Holeman's constitutional rights guaranteed by the Fourth, Fifth, and Fourteenth Amendments to the United States Constitution. Plaintiffs also assert claims under Connecticut law for: wrongful death; false arrest and imprisonment; assault and battery; abuse of process; conspiracy tort; negligence; and willful, wanton, and intentional conduct. Pursuant to Fed.R.Civ.P. 41, the court GRANTS plaintiffs' request to dismiss the City of New London Police Department and John Doe as defendants and to voluntarily withdraw the claims arising under the First and Eighth Amendments as well as the pendant state law claims of gross negligence, slander and libel, and prima facie tort. Defendants move for summary judgment [doc. # 36] pursuant to Fed.R.Civ.P. 56(c). For the following reasons, defendants' motion is GRANTED in part.
The decedent, Darrell Holeman ("Holeman"), was a citizen of the United States and a resident of the City of New London, Connecticut. Defendants, Gaspar Vincent Garcia ("Garcia") and Greg Williams ("Williams") were New London Police officers. Both Garcia and Williams graduated from the police academy and received training in criminal investigation, human relations, defensive tactics, and use of force. Garcia and Williams also received supplemental training on topics including: laws of arrest, stopping suspects, use of force, search and seizure, use of firearms, shooting decisions, and tactical weapons. Defendant Bruce Rinehart ("Rinehart") is the Chief of Police for the City of New London, a post he held at the time the events related here transpired.
During the early morning hours of August 22, 1999, Holeman and Kerri Smith ("Smith") were driving along Pequot Avenue in New London. Smith owned the car and was behind the wheel the morning in question. Officer Williams was on patrol in the Pequot Avenue area at the time. He noticed Smith's car traveling on Pequot Avenue sometime after 4:10 a.m. Pequot Avenue is an area with a comparably greater amount of criminal activity than other areas of New London. Williams followed Smith's car and viewed its maneuvers. When the car reached the intersection of Walbach Street and Howard Street, Williams observed the car hesitate and stop at a stop sign although the car did not run any stop signs or traffic lights. Williams watched the car loop around the block and decided to stop the vehicle because he believed that the car may be lost and that criminal activity was afoot.
Williams checked the car's license information and learned that it was registered in Groton, Connecticut. He stopped the car at 4:28 a.m. and asked the driver if she was lost. Smith said, "Yes, we're trying to find a pay phone." When Williams asked Smith who she needed to call, Smith answered, "My babysitter, I need to check on my children." Williams again asked Smith what she was doing in New London. Smith replied, "I'm trying to find a store." Williams then requested identification from both Smith and Holeman.
A second police officer, Garcia, arrived on the scene during this exchange. Garcia was accompanied by his fiancee, Consuelo Rodriguez, on an approved ride-along. Officer Garcia parked his police vehicle behind Williams' car and then joined Officer Williams.
Both Smith and Holeman presented identification to the officers. After dispatch informed the officers that Holeman was on probation for drug activity, Williams asked Smith if she had any "weapons, bombs, drugs, or dead bodies" in her car. Williams, who was standing by the driver's door, then asked Smith to step out of the car to allow him to search the car. Smith exited the car and Williams searched her person. Williams' search of Smith did not discover any weapons or contraband. Plaintiffs assert that Smith did not consent to the search and that Williams mistakenly interpreted her physical act of exiting the vehicle as nonverbal consent. Defendants contend that Smith consented to the search. Smith testified that she had "agreed to let him [Williams] search my car."
After Williams searched Smith, Garcia opened the passenger door and told Holeman to exit the vehicle. Holeman stood up and faced the car. Garcia directed Holeman to place his hands on the roof of the car. The parties dispute Holeman's subsequent behavior. Plaintiffs contend Holeman complied with the officers' instructions, while defendants assert that Holeman slightly raised his hands.
The parties agree that Garcia asked Holeman to place his hands on the roof of the vehicle a second time. The parties also agree that Holeman raised his arms to his shoulder height, placed them over the roof of the car, and said, "I'll show you what I got in my pocket." While both parties admit that Holeman moved his hand toward his front pants pocket, they dispute the timing of this motion.
Plaintiffs argue that Garcia and Williams offer differing accounts of Holeman's movements. Garcia observed that "as soon as he [Holeman] said this ["I'll show you what I got in my pocket"] he made a sudden move with his right hand toward his right front pants pocket." Williams stated that after he heard Holeman say, The parties agree that Garcia grabbed Holeman's right arm and that Garcia called Williams for assistance. Williams joined Garcia and Holeman on the passenger side of the vehicle, where he put his left hand on Holeman's left forearm. Williams also wrapped his right arm around Holeman's head in a headlock. A physical struggle ensued, and Williams, a canine handler certified by the North American Work Dog Association, yelled for Consuelo Rodriguez to open the door to his police vehicle and release his police canine. Rodriguez opened the door and "Nero," the police canine, obeyed Williams' command and engaged Holeman.
Garcia released his hold on Holeman when Nero attacked. It is not clear why Garcia stepped away from Holeman, though he may have tripped over Nero. Plaintiffs allege that Garcia drew his weapon as he stepped back from Holeman. Garcia says that he stepped back, observed Holeman pull out a silver pistol, and then drew his weapon. Witness Consuelo Rodriguez also says that she saw Holeman holding a gun. While the parties agree Garcia yelled, "[h]e's [Holeman] got a gun," plaintiffs deny that Holeman possessed a gun the night in question. Plaintiffs argue that, after the shooting, Williams and Garcia initially could not find the gun and had time to plant a weapon when they were alone with Holeman. The Report of the State's Attorney found that "[t]he pistol was forensically examined for fingerprints," and "[n]o identifiable latent impressions were developed or found."
Defendants offer a different version of events as they assert that Holeman possessed a gun throughout his encounter with the officers. Williams contends that he felt a metal object during the struggle and heard Garcia say that Holeman had a gun. Furthermore, Williams says that he pushed away from Holeman after hearing Garcia's shouts. Garcia testifies that he fired his weapon because he saw Holeman point the gun at Williams' head. Garcia's shot hit Holeman. At this time, Williams, who also was wounded by Garcia's shot, fell to the ground and took cover behind the front of Smith's car. Garcia contends that he then fired two more shots because Holeman pointed the gun at him. One of these shots entered the decedent's left side, near his back.
After being shot, Holeman lowered his hands near his midsection and fell to the ground between the open passenger door and the main body of Smith's vehicle. Williams then returned to the passenger side of the vehicle. Garcia and Williams state that they could not see Holeman's hands, which were near his midsection. Williams ordered Holeman to show his hands several times. Defendants claim that Holeman did not move his hands. Williams struck Holeman in the head two or three times and commanded Nero to engage Holeman again. Garcia then saw Holeman's left hand move, so Garcia holstered his weapon and placed Holeman's left hand in handcuffs. Both Garcia and Williams moved Holeman's right arm behind his back and handcuffed the decedent's right hand as well.
Garcia radioed his dispatcher at 4:36.45 a.m. to say that shots were fired. He called for an ambulance at 4:37:19 a.m. The scene was then declared "safe" for an ambulance. The firefighters/emergency medical technicians ("EMTs") who were dispatched to the scene provided emergency medical treatment to Holeman. Holeman arrived at L & M Hospital at 4:49:03 a.m. after being transported there by...
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