Marsili v. Vill. of Dillonvale, Case No. 2:12-CV-00741
| Decision Date | 13 May 2014 |
| Docket Number | Case No. 2:12-CV-00741 |
| Parties | JESSICA MARSILI, Plaintiff, v. VILLAGE OF DILLONVALE, OHIO, et al., Defendants. |
| Court | U.S. District Court — Southern District of Ohio |
OPINION AND ORDER
Plaintiff Jessica Marsili brings this action against Defendants William A. Timko, III and the Village of Dillonvale, Ohio (Dillonvale or the Village) alleging constitutional violations under 42 U.S.C. § 1983. This matter is before the Court for consideration of six pending motions. For the reasons that follow, Plaintiff's motion for partial summary judgment, doc. 28, is DENIED; and Dillonvale's motion for summary judgment as to Plaintiff's claim for municipal liability, doc. 31, is GRANTED. The following motions are also DENIED as moot: the Village of Smithfield's motion for summary judgment on Plaintiff's Monell claim, doc. 32; Mr. Timko's simultaneous motion to strike and motion in limine, doc. 37; Dillonvale's motion to strike, doc. 41; and Mr. Timko's motion for judgment on the pleadings, doc. 43.
In the summer of 2010, Plaintiff and her husband, Christopher Marsili, lived in Dillonvale, a village in Jefferson County, Ohio. Doc. 26-1 at 8. Also at that time, William A. Timko, III, worked for two nearby police departments. He worked for the Smithfield Police Department from June of 2008 until October of 2011. Doc. 27-1 at 44-45. Starting in April of 2008, he worked as a police officer for Dillonvale, id. at 44, and he became Dillonvale Chief ofPolice in September of 2009, id. at 45. The events underlying this dispute started with a police chase involving Mr. Marsili and ended with Mr. Timko's arrest of Plaintiff.
On August 19, 2010, Mr. Marsili went to work in Cameron, West Virginia repaving blacktop on Route 250 for Ohio-West Virginia Excavating. He got off work at about 4:30 p.m. and, as he drove home, called his wife, Plaintiff, to check in. He asked her what she wanted to do that night; she said she wanted to go to the Jefferson County fair. Doc. 27-2 at 40. "She [then] said she was jumping in the shower," and he replied that "[he]'d be home in about 10 minutes." Id. He was heading north on Route 7 and eventually got off on the Dillonvale/Rayland exit, onto what Mr. Marsili believes was Old Route 7. Id. As he exited and drove "under the highway," he saw a white car sitting at a stop sign "like he had just got [ten] off of the opposite side of the highway. Id. at 41. According to Mr. Marsili, the white car pulled out in front of him, and Mr. Marsili slammed on the breaks to avoid a collision.
With the white car now in front of him, Mr. Marsili trailed as they both headed on their way in the same direction. And, "next thing [Mr. Marsili] kn[e]w, [the white car] slammed on the brakes again," this time to make a sudden turn off of the road. Id. Mr. Marsili "flipped [the white car] off' and continued home. Id. According to Mr. Marsili, the white car waited for him to pass and then turned back out onto the road to follow. Mr. Marsili testified that the white car quickly came "flying . . . up behind" him and "started weaving back and forth." Id. He looked into his rearview mirror and noticed the other driver Id. Mr. Marsili said he proceeded home traveling the speed limit, id., all the while the white car followed him between four and five miles "right on [his] bumper," id. at 48. As he came into Dillonvale, he saw "Dillonvale Police sitting at the bank" and he"went right by them." Id. at 41. According to Mr. Marsili, the "white car stop[ped]" and "you could see his arm pointing." Id. Mr. Marsili soon saw the "Dillonvale PD and this guy flying up [the] road." Id. at 42. Mr. Marsili arrived at his house, ran inside, and closed the door.
It turns out that Michael Jenkins, chief of police in the nearby village of Rayland, drove the white car behind Mr. Marsili. See doc. 27-1 at 124. Neither party offers deposition or affidavit testimony from Officer Jenkins. But, according to several police offers present soon after the chase, Officer Jenkins got in touch with a number of nearby police officers to loop them into the situation. Those officers tell a slightly different story than Mr. Marsili.
As Mr. Marsili made his way home, Mr. Timko testified that he got a call from Officer Jenkins asking if Dillonvale had an officer on duty. Mr. Timko indicated that Officer Scott Christian was on duty at that time. Id. at 124-25. According to Mr. Timko, Officer Jenkins told him of "an incident and a vehicle traveling at a high rate of speed, driving erratically heading towards Dillonvale." Id. at 125. Officer Jenkins gave Mr. Timko a description of the vehicle and the license plate number, which Mr. Timko forwarded on to Officer Christian. Id. Officer Christian ran the plate and identified the owner as Mr. Marsili, someone whom Officer Christian knew. Doc. 26-3 at 17. After Mr. Timko told Officer Christian to look out for the car, id. at 16, Officer Christian set his car up "cattywampus so [he] could watch" cars come around the turn into town, id. at 20. Officer Christian's position was roughly a block and a half from Mr. Marsili's home. See id. at 21. Officer Christian testified that, based on Officer Jenkins' call, he turned his lights on when he saw Mr. Marsili—even though Mr. Marsili was traveling within the speed limit as he passed. Id. at 22. For his part, Mr. Marsili testified that he did not see Officer Christian's lights come on at any point on his way home. See id. Before Officer Christian could pull out to pursue, Officer Jenkins pulled up next to him—in the middle of the intersection—andstopped. See doc. 26-3 at 22-24. According to Officer Christian, Officer Jenkins pointed toward Mr. Marsili's vehicle as it drove away. See id.
As Officer Christian turned his lights on, Officer Christian testified that Mr. Marsili "took off." Id. at 25. He also testified that he witnessed Mr. Marsili's vehicle go "left-to-center" four times in a one-block span and take a turn "so wide [that] it was clear into oncoming traffic." Id.; see also id. at 26 ( ). As Officer Christian followed Mr. Marsili, he testified that Mr. Marsili made a "90-degree turn" onto 4th Street—where Mr. Marsili lives—before pulling into his driveway. Id. at 27. According to Officer Christian's testimony, Mr. Marsili pulled into his parking spot and, as his truck was still moving forward, "shoved [his car] into park" so abruptly that he "knocked him[self] down." Id. Mr. Marsili then ran into his house. He testified that he did not look back to see who followed out of fear that "[f]he guy in the white car was coming." Doc. 27-2 at 52. Officer Christian testified that Mr. Marsili was "flipping [him] off" "the whole time" Officer Christian followed him home. Doc. 26-3 at 27.
Officer Jenkins arrived right as Mr. Marsili made it into his house. He advised Officer Christian that Mr. Marsili had a concealed carry permit. Id. at 30. From there, all parties agree that Mr. Marsili opened a window in his house to talk with Officer Christian and Officer Jenkins. When he opened the window, Mr. Marsili recognized the men outside as Officers Jenkins and Christian. Officer Jenkins and Mr. Marsili knew each other prior to this encounter. According to Mr. Marsili's affidavit, a few weeks prior to August 19, 2010, Officer Jenkins pulled Mr. Marsili over and gave him a ticket for two infractions: traveling 27 m.p.h. in a 15 m.p.h. zone and running a stop sign. Doc. 28-1 at 13 (Ex. 10 ¶ 4). Mr. Marsili admitted the first charge, buthe denied the second and went to court to contest it. The judge sided with Mr. Marsili and dismissed the second charge "over the objection of Officer Jenkins." Id.1
The officers told Mr. Marsili to come out because he was under arrest. Mr. Marsili declined, profanely telling the officers that they were "crazy," that he "didn't do anything wrong," and that they should "[g]et out." Doc. 27-2 at 42. Mr. Marsili also testified that when he looked out of the window during the course of this encounter, Officer Christian had his gun drawn and aimed toward the house. See id. at 58-59. As the exchange ended, Mr. Marsili testified that he saw Officer Christian throw Officer Jenkins a shotgun, which Officer Jenkins pumped once before training on the house. See id. Officer Christian testified that he did give Officer Jenkins his shotgun. Doc. 26-3 at 35. He also testified that Mr. Marsili "kept running back and forth to the front window" and yelling profanity toward the officers. Id. at 36.
After exchanging words with the officers, Mr. Marsili said he turned back inside and yelled to Plaintiff, who was in the shower. He said, Doc. 27-2 at 62. He also "might have said something, you know, about a white car trying to wreck me, or something." Id. Plaintiff corroborates Mr. Marsili's deposition testimony. She testified that her husband told her that the police were trying to arrest him. She also said that her husband indicated who had been chasing her—"the cop that had been giving him a little bit of trouble." Doc. 26-1 at 34. She told him in response that she was going tofinish her shower. After a quick exchange—between 10 and 15 seconds—he says he "turned around and left." Id. at 32. Mr. Marsili exited from the back of the house, walked through a neighbor's yard, and hid inside of a nearby motor home parked on the street. See doc. 27-2 at 64—65. He stayed there for 20 minutes but left once saw more police arrive at his house. See id. at 66-69. He then hid out in a nearby creek "behind the Catholic church," where he remained for "a long time" until turning himself in after he watched "the white...
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