Jackson v. City of Pittsburgh, Civil Action No. 07-111.

• Decision Date: 22 February 2010
• Docket Number: Civil Action No. 07-111.
• Parties: Charles JACKSON, Plaintiff, v. The CITY OF PITTSBURGH, a PA Municipal Corporation, et al., Defendants.
• Court: U.S. District Court — Eastern District of Pennsylvania

688 F.Supp.2d 379

Charles JACKSON, Plaintiff, v. The CITY OF PITTSBURGH, a PA Municipal Corporation, et al., Defendants.

Civil Action No. 07-111.

United States District Court, W.D. Pennsylvania.

February 22, 2010.

Bonnie L. Kift, Law Office of Bonnie L. Kift, Ligonier, PA, Sylvia Denys, Pittsburgh, PA, for Plaintiff.

Lawrence H. Baumiller, Lawrence H. Baumiller, City of Pittsburgh Law Department, Bryan Campbell, Pittsburgh, PA, for Defendants.

MEMORANDUM OPINION

NORA BARRY FISCHER, District Judge.

I. Introduction

This is a civil rights case arising under 42 U.S.C. § 1983 in which Plaintiff, Charles Jackson ("Plaintiff"), claims that Defendants, the City of Pittsburgh ("City") and five of its police officers, Timothy Kreger ("Kreger"), Eric Holmes ("Holmes"), Mark Goob ("Goob"), James Joyce ("Joyce"), and Gregory Woodhall ("Woodhall," collectively "Defendant Officers"),¹ violated his constitutional rights under the Fourth, Eighth, and Fourteenth Amendments, and committed torts under Pennsylvania law. Plaintiff's claims stem from an incident that occurred on November 2, 2001, in which Defendant Officers pulled him over for a traffic stop. Plaintiff alleges that during the stop he was assaulted by Kreger, his vehicle was unlawfully searched, he was unlawfully arrested, and denied necessary medical treatment prior to being incarcerated at the Allegheny County Jail ("ACJ"). The matter is currently before the Court on Defendants' Joint Motion for Summary Judgment. (Docket No. 80). Upon consideration of Defendants' Motion and Brief in Support (Docket Nos. 80 and 82), Plaintiff's Response (Docket No. 85), Defendants' Reply (Docket No. 89), Plaintiff's SurReply (Docket No. 92), and for the reasons set forth herein, the Court will GRANT, in part, and DENY, in part, the Motion.

II. Factual Background

Unless otherwise specified, the facts of record are uncontested. Viewed in the light most favorable to Plaintiff, they are as follows.

A. The Traffic Stop

On November 2, 2001, between 9:10 and 9:30 p.m., Plaintiff, then a 36 year old resident of Pittsburgh, was driving in the area of Hamilton Avenue and Frankstown Road in the Homewood area of Pittsburgh. (Docket No. 87 at ¶ 1, 3, 4; Docket No. 81 at ¶ 1, 3, 4). That evening, Defendant Officers Kreger, Goob, Joyce and Woodhall,² all narcotics officers with the City of Pittsburgh police department, were traveling together in an unmarked car on a narcotics detail. (Docket No. 56 at ¶ 12; Docket No. 86 at ¶ 1; Docket No. 93-4 at ¶ 1). They were all in plainclothes. (Docket No. 81 ¶ 2; Docket No. 87 at ¶ 2). Plaintiff claims that he was driving on North Braddock Avenue and attempted to make a left turn onto Frankstown Road on his way to meet his parents for bowling. (Docket No. 81 at ¶¶ 3, 5). However, Defendant Officers maintain that they observed Plaintiff traveling on Hamilton Avenue in a 1988 black Nissan and made a right turn onto North Braddock Avenue without signaling, and that his vehicle emitted a loud noise, suggesting a malfunctioning muffler. (Docket No. 81 at ¶¶ 3, 6). In response to same, Defendant Officers testified that they initiated a traffic stop near the intersection of Mead Street and North Braddock Avenue, while Plaintiff asserts he was stopped near a business called "Beer World," which is no longer in operation. (Docket No. 81 at ¶ 7; Docket No. 87 at ¶ 7).

According to Defendants, after pulling Plaintiff over, Defendant Goob approached his driver's window, requesting Plaintiff's driver's license, to which Plaintiff responded that he did not have one. (Docket No 81 at ¶¶ 8-9). The parties dispute that Plaintiff's Pennsylvania license was suspended. Defendant Officers testified that they performed a background check at the scene and verified that Plaintiff's Pennsylvania driver's license had been suspended. (Docket No. 81 at ¶ 9-10). In contrast, Plaintiff contends that all four officers "ambushed him with guns drawn and flashlights glaring" and that the officers told him he was being pulled over because he was "a known drug dealer." (Docket No. 87 at ¶¶ 6-8). Plaintiff further contends that his vehicle was not producing a loud noise from the muffler, (Docket No. 87 at ¶ 6), and that he did have a valid Pennsylvania driver's license. (Docket No. 87 at ¶ 9). Plaintiff also stated that the officers failed to check and see that he also had a valid Ohio driver's license.³ (Docket No. 81 at ¶ 11; Docket No. 87 at ¶ 9; Docket No. 93-4 at ¶¶ 8-9).

B. Search of Plaintiff's Car

After verifying that Plaintiff's suspended Pennsylvania license, Defendant Officers informed Plaintiff that he would not able to continue to drive his vehicle. (Docket No. 81 at ¶ 12; Docket No. 87 at ¶ 12). Defendant Officers contend that where the vehicle was stopped created an impediment and hazard to traffic, while Plaintiff claims that his car "offered no such impediment." (Id. at ¶ 13). Plaintiff denies the officers' contention that they asked him to get out of the car, rather, he claims they pulled open his door and "demanded that Plaintiff get out of the vehicle." (Id. at ¶ 14). Upon doing so, Plaintiff testified that Defendant Officers immediately frisked him. (Id.). The officers then informed Plaintiff that his vehicle would have to be towed because it created a hazardous impediment to traffic. (Id. at ¶ 15).

In anticipation of the arrival of the tow truck, Defendant Kreger conducted an inventory search of the vehicle. (Docket No. 81 at ¶ 16). Plaintiff attests that Defendant Kreger searched his vehicle three or four times without cause, and that these searches were made immediately upon Plaintiff's exit from the car.⁴ (Docket No. 87 at ¶ 16; Docket No. 93-4 at ¶ 5). During these searches, Defendants allegedly tore a hole in one of the seats and pulled a speaker out of a wall of the car. (Docket No. 93-4 at ¶ 4). Plaintiff contends that the towing of his vehicle was in violation of City of Pittsburgh Bureau of Police Regulation Order 41-4 or 5.1.3,⁵ because Plaintiff was not allowed to contact someone to retrieve the vehicle on his behalf prior to its tow. (Docket No. 85 at 2; Docket No. 93-4 at ¶¶ 11-12). Further, Plaintiff testified that Defendant Officers had no justification for towing Plaintiff's car because it was not an impediment to traffic, as the car had not been stopped near a stop signal, was on the right side of the road, and was only passed by a couple of cars throughout the duration of the stop. (Docket No. 87 at ¶ 13).

In contrast, Defendant Officers contend that Plaintiff's vehicle was not damaged by their search, and that Plaintiff signed a Towing Notice provided by the officers prior to the tow. (Docket No. 81 at ¶ 18). The Towing Notice indicates that Plaintiff's vehicle was, in every category, marked "damaged" at the time the vehicle was towed. (Id.). They further claim that Plaintiff's car was already in "deplorable condition" before the traffic stop. (Docket No. 95 at ¶ 4). Defendants also note that in his statements to the Office of Municipal Investigations ("OMI"), Plaintiff only stated that the officers enlarged a preexisting tear in one of the seats while they acknowledge that a stereo had been torn out. (Id.).

C. Arrest of Plaintiff

Through the course of the traffic stop, Defendant Officers maintain that Plaintiff became increasingly agitated and used profane language upon learning that his vehicle would be searched and towed. (Docket No. 81 at ¶ 17; Docket No. 87 at ¶ 17). The officers advised Plaintiff to "settle down" and to "chill out," but Plaintiff denies that this occurred. (Docket No. 81 at ¶ 19; Docket No. 87 at ¶ 19). Defendant Officers testified that Plaintiff approached Kreger from behind as Kreger was conducing the inventory search, at which point Kreger turned to face Plaintiff, pushing him away. (Docket No. 81 at ¶¶ 20-21). Goob then physically restrained Plaintiff from behind, taking him to the ground using an "armbar" technique. (Id. at ¶¶ 22-23). It is uncontested that Joyce and Woodhall were not involved. (Id.). Kreger then handcuffed Plaintiff while he laid face down on the ground and continued to resist arrest. (Id. at ¶¶ 25-26). Defendant Officers admit that Plaintiff received an injury below his right eye as a result of this encounter, however, the severity of the injury is contested. (Id. at ¶ 27; Docket No. 87 at ¶ 24). In light of Plaintiff's behavior during his arrest, Defendants claim that the force used was reasonably necessary to effectuate the arrest. (Docket No. 58 at ¶¶ 16-17; Docket No. 59 at ¶ 17). Defendants also assert that they had probable cause to conduct the arrest and to search Plaintiff incident to the arrest. (Docket No. 58 at ¶ 17; Docket No. 59 at ¶17).

Plaintiff's version of these facts differs drastically. Plaintiff denies initiating any contact with Kreger and asserts that Kreger physically assaulted him after another officer searched his pockets and found $350.00, once again accusing him of being a drug dealer. (Docket No. 87 at ¶¶ 21, 22). Plaintiff asserts "that whatever type of hold was used by Goob was used while Plaintiff was staggering from Kreger's punch to this throat." (Id.). Plaintiff alleges that Defendant Kreger struck or punched him in the throat, face, and eyes numerous times in the process of arresting him and while he laid still on the ground. (Docket No. 87 at ¶ 24; Docket No. 93-4 at ¶¶ 15-17). It is undisputed that the other officers standing at the scene were not involved in this altercation; to this end, Plaintiff claims that they were "close enough to help," but did nothing. (Docket No. 81 at ¶ 23; Docket No. 87 at ¶¶ 23, 25).

D. Events Subsequent to Plaintiff's Arrest

Plaintiff testified that despite his obvious injuries suffered as a result of purported mistreatment by Defendant Kreger, he was refused medical treatment prior to being admitted to the Allegheny County Jail. (Docket No. 81 at ¶¶ 28-29). He contends that he experienced blackouts, and...