Inman v. Siciliano
| Decision Date | 31 May 2012 |
| Docket Number | Civil Action No. 10-10202-FDS |
| Parties | MICHAEL INMAN and KELLY CONSALVO, Plaintiffs, v. JOSEPH SICILIANO, BARRY BOUCHARD, KYLE MIMNAUGH, JARED PHILLIPS, MATHEW SWAINE, MICHAEL CICCOLINI, and THE CITY OF LEOMINSTER, Defendants. |
| Court | U.S. District Court — District of Massachusetts |
MEMORANDUM AND ORDER ON
MOTION FOR SUMMARY JUDGMENT
This is a civil rights action arising under 42 U.S.C. § 1983. On the night of July 7, 2008, police officers in Leominster, Massachusetts, searched a motel room occupied by plaintiffs Michael A. Inman and Kelly Consalvo. The officers were seeking Inman's son, Michael A. Inman, II, who was under investigation for drug crimes and was believed to be armed and dangerous. Inman (the father) and Consalvo were detained—in handcuffs and, in Inman's case, naked—for as long as thirty minutes as the officers questioned them about the whereabouts of Inman's son. Plaintiffs contend that the officers violated their constitutional rights and that their supervisor and the city are liable for failure to provide proper oversight and training.
Defendants have moved to strike portions of the plaintiffs' filings and for summaryjudgment. For the reasons set forth below, the motion to strike will be denied. The motion for summary judgment will be granted as to the claims for supervisory and municipal liability; granted as to the excessive-force claim; granted as to the state-law claims for intentional infliction of emotional distress and civil conspiracy; and denied as to all other claims.
The facts are stated in the light most favorable to plaintiffs unless otherwise noted.
During June and July 2008, officers in the Leominster Police Department ("LPD") were investigating Michael A. Inman, II, the 18-year-old son of plaintiff Michael A. Inman. (Def. Facts ¶ 2, Ex. 2, 6). The officers made use of a confidential informant in connection with the investigation. (Id. ¶ 3, Ex. 2). On the basis of tips from that informant, they suspected Inman II of selling marijuana and cocaine from his residence at 20 Abbey Road in Leominster. (Def. Ex. 2 at 2-6). A yellow 2006 Dodge Charger was registered in Massachusetts to Inman II, and the informant also indicated that Inman II used the vehicle in connection with those drug activities. (Id.).
Several times during the investigation, defendant Joseph Siciliano, a detective in the LPD, observed a confidential informant make controlled purchases of cocaine and marijuana from Inman II. (Id. at 2-4). Some of these transactions occurred at the 20 Abbey Street apartment and others occurred at arranged locations to which Inman II arrived in the yellow Charger. (Id. at 2-6). Based on these observations and the reports of that informant and another that Inman II carried a handgun, Siciliano sought two warrants authorizing searches of the yellow Charger, the 20 Abbey Street apartment, and Inman II himself. (Id. at 6). The warrants issued on July 6,2008. (Def. Facts ¶ 5-6 Ex. 3, 4).
In 2008, Michael A. Inman and Kelly Consalvo were romantically involved and resided together in Lunenberg, Massachusetts. (Id. ¶ 7, Ex. 1, 5, 18). On July 7, 2008, they returned to Massachusetts from a vacation they had taken together at Hampton Beach, New Hampshire. (Id. ¶¶ 18-19, Ex. 10). Inman was sunburned, and because they did not have air conditioning at their home, they decided to spend the night at the Motel 6 in Leominster, several miles from their residence. (Id. ¶ 20, Ex. 1, 14).
Inman is a federal air marshal and was scheduled to leave for the airport early the next morning. (Id. ¶ 21, Ex. 1). After checking in at the motel office, Inman and Consalvo drove to the house of Inman's ex-wife. (Id. ¶ 24, Ex. 1, 14). Consalvo picked up a second vehicle there, drove back to the motel, and obtained a key to their room. (Id. ¶ 25, Ex. 10). Inman remained at the house to speak with his ex-wife before he too returned to the motel. (Id. ¶ 26, Ex. 10). Once in their room, they showered, ate, and watched television. (Id. ¶ 27, Ex. 1, 10). Inman placed his holstered firearm and federal law enforcement badge on the bedside table and they both went to sleep early. (Id. ¶ 27, 35, Ex. 1, 10).
Meanwhile, at about 8:00 p.m., Siciliano and other Leominster police executed the search warrant on the Charger. (Id. ¶ 7, Ex. 5). The occupant of the car, who was not Inman II, was in possession of a switchblade knife. (Id.). Soon thereafter, the officers executed the search warrant on the 20 Abbey Road residence. (Id. ¶ 8, Ex. 5). Inman II was not there at the time, but thesearch did uncover drugs and drug paraphernalia, a loaded shotgun, four shotgun shells, an empty gun case for a handgun, and 9-millimeter ammunition. (Id.).
When Siciliano returned to the police station, he was informed that the department had received a report that Inman II had fired gunshots at the house of his ex-girlfriend. (Id. ¶ 9, Ex. 5). A confidential informant later contacted Siciliano by phone and indicated that a car belonging to "Michael Inman" had been seen parked at the Motel 6 in Leominster. (Pl. Facts ¶ 11, 94, Ex. 14).1 Siciliano went to the motel office and checked the guest register. (Def. Facts ¶ 12, Ex. 5, 7, 8). Room 160 was registered to "Michael A. Inman." (Id.).
Detective Siciliano contacted defendant Lieutenant Michael Ciccolini, the officer-in-charge at the station that night, and requested backup. (Id. ¶ 13, Ex., 7, 9). Ciccolini dispatched defendant Sergeant Matthew Swaine, the patrol supervisor, and other patrol officers, including defendants Barry Bouchard, Kyle Mimnaugh, and Jared Phillips. (Id. ¶ 14, Ex. 9). The officers gathered at the motel office, where Siciliano briefed them on the situation. (Id. ¶¶ 15-16, Ex. 7).
Shortly after 11 p.m., Inman and Consalvo were awakened by a pounding on the door of their motel room. (Id. ¶ 28, Ex. 1, 10). Inman, who had been sleeping nude, wrapped himself in a towel and went to the door. (Id. ¶ 29, Ex. 1, 10).
Inman pulled back the curtain of the window and saw five officers "stacked up" at the door. (Id. ¶¶ 30-31, Ex. 1, 10). They had drawn their weapons and were screening themselves soas to avoid potential gunfire from inside the room. (Id. ¶ 30-31, Ex. 1, 10). One officer, whom Inman noticed had tattoos on his arms, told Inman he was under arrest and to open the door. (Id. ¶ 32, Ex. 1, 10). Inman opened the door. (Id. ¶ 33, Ex. 1, 10).
The officers rushed into the room with their weapons drawn and one or more of them conducted a protective sweep. (Id. ¶¶ 36-37, Ex. 1). Inman's holstered weapon was on the bedside table in plain sight. (Id. ¶ 36, Ex. 1). The officer with the tattoos pushed Inman to the floor and placed him in handcuffs. (Id. ¶ 38, Ex. 1). Inman asked what was happening, identified himself as a federal marshal, and indicated his gun and badge on the table. (Id. ¶ 39, Ex. 10). Defendant Bouchard, who was standing behind Inman, responded, (Id. ¶ 40, Ex. 10).
Consalvo was in bed when the officers entered the room. (Id. ¶ 66, Ex. 10). She attempted to pull the covers over herself, but an officer told her, "don't fucking move." (Id. ¶¶ 67, 69, Ex. 10). Two officers approached her with weapons drawn to place her in handcuffs, and one told her to get off the bed. (Id. ¶¶ 70, 71, Ex. 10). She did not move—because the other officer had told her not to—until the second officer shouted, "get the fuck out of bed." (Id. ¶¶ 72, 73, Ex. 10). She was then placed in handcuffs and forced to sit at the edge of the bed. (Id. ¶ 74, Ex. 10).
Inman remained on the floor for approximately five minutes. (Id. ¶ 43, Ex. 1). During that time, an officer asked him where his son was, and Inman replied that he did not know. (Id. ¶¶ 41, 42, Ex. 1). At some point the tattooed officer pulled Inman upright. (Id. ¶¶ 45, 46, Ex. 1). The towel that was covering Inman fell off, and he remained naked as two officers continued to shout at him and demand the location of his son. (Id. ¶ 47, Ex. 1). One officer allegedly said, (Id. ¶ 47, Ex. 1, 10).
Consalvo recognized detective Siciliano. (Id. ¶ 75, Ex. 10). In 2003, she had been a victim of domestic violence at the hands of her then-boyfriend, who himself was the target of a drug investigation at that time. (Id. ¶ 90, Ex. 10). Consalvo was present on one occasion when detective Siciliano and other officers executed a search warrant at the residence of that man. (Id. ¶ 89, Ex. 10). Now, when she recognized Siciliano, she said to him, "Come on, man, you know me." The detective denied that he knew her. (Id. ¶¶ 75-76, Ex. 10).
About thirty minutes after the search began, detective Siciliano again asked Inman where his son was. (Id. ¶ 51, Ex. 1). When Inman replied that he did not know, Siciliano asked him to try calling his son on a cell phone to help locate him. (Id. ¶¶ 49-50, Ex. 1). When Inman agreed, the officers removed the handcuffs and allowed him to put on a pair of shorts. (Id. ¶ 52, Ex. 1). They then put the handcuffs back on Inman with his hands in front of him so that he could use a phone. (Id.). He made several unsuccessful attempts to call his son, both on his own cellular phone and on one provided by detective Siciliano. (Id. ¶ 53, Ex. 1).
At some point, the officers removed the handcuffs from both Inman and Consalvo. (Id. ¶¶ 53, 81, 82, Ex. 1, 10). Consalvo made several calls in an attempt to locate Inman II, but could not do so. (Id. ¶ 83, Ex. 10). One of the officers accused Inman and Consalvo of "hiding him out" and searched under the mattress of the bed and in the drawers in the room. (Id. ¶¶ 85-86, Ex. 10).
Finally, an officer threw Inman's weapon and badge on the floor, and all five left the room....
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