Kucera v. Tkac
| Decision Date | 08 April 2013 |
| Docket Number | Case No. 5:12-cv-264 |
| Court | U.S. District Court — District of Vermont |
| Parties | DENNIS KUCERA, Plaintiff, v. MICHAEL TKAC, GLENN CUTTING, LEONARD ROBERTS, UNKOWN POLICE OFFICERS, and TOWN OF HARTFORD, VERMONT, Defendants. |
MOTIONS TO DISMISS COUNT TWO AND COUNT SEVEN
(Docs. 8 & 9)
Plaintiff Dennis Kucera brings this action pursuant to 42 U.S.C. § 1983 and state law against Defendants Town of Hartford ("Hartford") and Hartford Police Officers Michael Tkac, Glenn Cutting, Leonard Roberts, and Unknown Police Officers in their individual capacities1 (collectively, the "Defendants").
Presently before the court is the partial motion to dismiss (Doc. 9), filed by Defendants Glenn Cutting, Leonard Roberts, and Michael Tkac, and Hartford's motion to dismiss (Doc. 8). The moving Defendants seek dismissal of Count 2 of Plaintiff's Amended Complaint, filed January 2, 2013, arguing that Plaintiff has failed to adequately allege that Hartford and Officers Cutting and Roberts implemented or furthered policies, customs, and practices, constituting deliberate indifference to Plaintiff's rights orotherwise failed to adequately supervise members of the Hartford Police Department.2 Additionally, Hartford seeks dismissal of Plaintiff's state law negligence claim set forth in Count 7 of the Amended Complaint, arguing that it is entitled to municipal immunity. The parties waived oral argument.
Plaintiff is represented by Christopher A. Dall, Esq. Defendants are represented by Joseph A. Farnham, Esq. and Nancy G. Sheahan, Esq.
In his Amended Complaint, Plaintiff alleges that on September 10, 2010, Officers John Adams, Christopher O'Keefe, and Stewart Rogers, of the Hartford Police Department, responded to a report of domestic assault at the Shady Lawn Motel. The disturbance was reported in Room 230, but upon their arrival and discovery that there was no Room 230, the officers determined that the report had originated from Room 130. The door to Room 130 was open, and Plaintiff and his roommate, Monica Therrien, were present.
Suspecting that Ms. Therrien was intoxicated, the officers asked her to submit to a preliminary breath test, which indicated that she had a breath alcohol content of .287%.3 Ms. Therrien told Officer O'Keefe that Plaintiff had pushed her against a wall, causing pain; however, despite Ms. Therrien's attempts to show the officers her injuries, they observed no injuries except for a bruise that Ms. Therrien admitted she had inflicted upon herself. Plaintiff spoke with Officer Adams and denied grabbing, restraining, or assaulting Ms. Therrien. Plaintiff informed Officer Adams that Ms. Therrien had been drinking in a different location, had returned upset, and had begun to throw objects around the motel room.
At some point during the interaction on September 10, 2010, Ms. Therrien allegedly became involved in a physical altercation with Officer Adams, and she was transported to Dartmouth Hitchcock Medical Center ("DHMC"). Prior to leaving the Shady Lawn Motel, the officers discussed filing charges, but ultimately did not arrest Plaintiff or issue him a citation. One officer purportedly stated, (Doc. 27-2 at ¶ 18.) This statement was allegedly recorded on a video.4
On September 20, 2010, Officer Tkac allegedly learned that Ms. Therrien had returned to DHMC on September 12, 2010 with a broken rib and punctured lung. He then began an "internal affairs" investigation. Plaintiff alleges that the interviews conducted pursuant to the investigation were used "primarily, though unsuccessfully, to obtain statements and evidence to use against [Plaintiff] for allegedly assaulting Ms. Therrien between September 10, 2010 and September 12, 2012." Id. at ¶ 20.
On September 21-27, 2010, Officer Tkac interviewed several witnesses, including David Nestle, an occupant of Room 131 at the Shady Lawn Motel, who told Officer Tkac that he heard objects bouncing off the shared wall with Room 130 on September 10, 2010. He also stated that he did not hear any yelling, and had not heard any commotion from Room 130 since that night.
Susan Heyes, a second witness, provided Officer Tkac with photos of Ms. Therrien's back. The photos were of the injuries allegedly caused by Officer Adams on September 10, 2010.
Plaintiff alleges that Ralph Diaz spoke to Officer Tkac on September 23, 2010, and claimed that he was present in Room 130 with Plaintiff and Ms. Therrien. Mr. Diaz allegedly stated that Plaintiff did not "lay hands" on Ms. Therrien. Id. at ¶ 22.
On September 24, 2010, certain unknown police officers allegedly arrested Plaintiff without a warrant. Plaintiff also alleges that the officers lacked probable cause for the arrest. Officer Cutting allegedly observed Plaintiff's arrest, but Plaintiff provides no additional facts regarding Officer Cutting's proximity to the arrest or his participationin it. Plaintiff was incarcerated pending payment of a cash bail in the amount of $2,500, and he remained incarcerated until his arraignment in state court on September 27, 2010.
On September 27, 2010, Officer Tkac allegedly interviewed Mr. Diaz who confirmed the statements that he made on September 23, 2010. On the same day, prior to Plaintiff's arraignment, Officer Tkac spoke to Ms. Therrien who allegedly informed him that she did not have a broken rib when she returned to DHMC and that the collapsed lung was caused by a foreign object lodged in her lung, but did not result from conduct of either the Hartford police officers or Plaintiff. Plaintiff further alleges that Ms. Therrien stated that Plaintiff did not grab, push, or assault her in any way.
On September 27, 2010, after Officer Tkac's conversation with Ms. Therrien, Plaintiff was charged with one count of domestic assault pursuant to 13 V.S.A. § 1042.5 Officer Tkac drafted the affidavit of probable cause in support of the criminal information, which stated that Plaintiff had caused injuries to Ms. Therrien that required hospitalization. Plaintiff alleges that this statement is false. The affidavit allegedly omitted information obtained from Officer Tkac's interviews with Mr. Diaz on September 23 and 27, 2010 and Ms. Therrien on September 27, 2010.
When issuing Plaintiff's conditions of release on September 27, 2010, the state court trial judge was allegedly not aware of the exculpatory information that Mr. Diaz and Ms. Therrien had provided to Officer Tkac. One of Plaintiff's conditions of release was to not have contact with Ms. Therrien. As a result, Ms. Therrien moved out of Room 130 and into another unit at the Shady Lawn Motel. Despite the fact that Ms. Therrien and Plaintiff were not residing together and had no direct contact, Officers Cutting and Roberts, on more than one occasion, allegedly instructed the property manager at the Shady Lawn Motel that Plaintiff could no longer reside there due to his conditions of release. Plaintiff alleges that, in fact, the conditions of release expressly permittedPlaintiff's return to the Shady Lawn Motel and contained no "foot restraints." Id. at ¶ 28. On March 31, 2011, the domestic assault charge against Plaintiff was dismissed.
Plaintiff's Amended Complaint asserts "[f]here have been several recent instances of Hartford Police Department officers violating individual constitutional rights." Id. at ¶ 29. Defendant cites State v. Paro, 2012 VT 53, 54 A.3d 516, Galloway v. Town of Hartford, 2012 VT 61, 57 A.3d 684, and Burwell v. Peyton, 5:12-cv-166. His Amended Complaint provides no further details regarding these cases.
"In considering a motion to dismiss for failure to state a claim pursuant to Rule 12(b)(6), a district court may consider the facts alleged in the complaint, documents attached to the complaint as exhibits, and documents incorporated by reference in the complaint." DiFolco v. MSNBC Cable L.L.C, 622 F.3d 104, 111 (2d Cir. 2010). Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009) (internal citation omitted). "When there are well-pleaded factual allegations, a court should assume their veracity and then determine whether they plausibly give rise to an entitlement to relief." Id.; see also Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555-56 (2007).
However, "legal conclusions," or "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice." Harris v. Mills, 572 F.3d 66, 72 (2d Cir. 2009) (quoting Iqbal, 556 U.S. at 678) (internal quotation marks omitted). To survive a motion to dismiss, a claim must contain factual allegations sufficient "to raise a right to relief above the speculative level." Twombly, 550 U.S. at 555. "While legal conclusions can provide the framework of a claim, they must be supported by factual allegations." Iqbal, 556 U.S. at 679.
In Count 2, Plaintiff alleges that Officers Cutting and Roberts are liable under 42 U.S.C. § 1983 for damages arising from the alleged de facto policies, practices, customs, and usages that resulted in the unconstitutional conduct of Officer Tkac and the unknown police officers. He further alleges that Officers Cutting and Roberts failed to adequately train and supervise Officer Tkac and the unknown police officers, which constituted deliberate indifference to Plaintiff's rights under the Fourth and Fourteenth Amendments. Officers Cutting and Roberts respond that the facts in Plaintiff's Amended...
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