Martin v. Unknown U.S. Marshals
| Decision Date | 14 August 2013 |
| Docket Number | Civil Action No. 10-0066 (PGS) |
| Parties | LINDA M. MARTIN et al., Plaintiffs, v. UNKNOWN U.S. MARSHALS, et al., Defendants. |
| Court | U.S. District Court — District of New Jersey |
Before the Court are Motions for Summary Judgment brought by four groups of defendants referred to in this opinion as the Federal Defendants, the Camden City Defendants, the Camden County Defendants, and the Camden County Prosecutor's Office Defendants (collectively, "Defendants"). This suit arises out of events that occurred primarily on the morning of January 8, 2008, when deputized members of the United States Marshals Service visited the home of Linda Martin in Camden, New Jersey in search of her son, Phillip Martin, who died within minutes of the Marshals' arrival from a gunshot wound to his head. The relevant authorities, including the Defendants, maintain that Phillip died from a self-inflicted gunshot wound, while Plaintiffs claim that one of the United States Marshals shot Phillip and that the rest of the Defendants participated in a conspiracy to cover up the shooting, thereby violating several rights secured by the United States and New Jersey Constitutions, and subjecting plaintiffs to common law torts. The Court has reviewed the record, and held oral argument on February 26, 2013, and for the reasons that follow, Defendants' motions for summaryjudgment are granted in part and denied in part; only Plaintiffs' narrow claims under Counts Three and Four regarding the unlawful detention of Linda and Dwayne Martin by certain of the Defendants after Phillip's death survive the motions.
BACKGROUND
This Complaint1 is brought by Plaintiffs for claims arising out of the death of Phillip Martin on January 8, 2008. Plaintiffs are: Linda Martin, Phillip Martin's mother who brings claims on her own behalf as well as in her role as administratrix of Phillip Martin's estate; Dwayne Martin, Phillip Martin's younger brother; Phillip Corey Clax, Phillip Martin's eldest surviving son; and Bryhem Clax, Phillip Martin's youngest surviving son (collectively, "Plaintiffs").
Defendants Kevin Cunane, Christopher Leone, Barrett Johnson, John Hunsinger, Timothy O'Brien and Jerome Scott were all working as deputized members of the United States Marshals Service New York/New Jersey Regional Fugitive Task Force on the day of the incident at issue in this lawsuit, and as such they are referred to herein as the "Federal Defendants" or "Marshals".2 The Camden County Board of ChosenFreeholders,3 Camden County Medical Examiner Gerald Feigin, M.D. ("defendant Feigin" or "Dr. Feigin") and Camden County Medical Examiner investigator Patrick Daley are referred to herein as "Camden County Defendants." William Wiley,4 Wayne Matthews, Keith James, and James Phillips were all working for the Camden City Police Department on January 8, 2008, and are collectively referred to herein as the "Camden City Defendants."5 John Ellis and Gary McBride, employees of the Camden County Prosecutor's Office, are referred to herein as "Camden County Prosecutor's Office Defendants".6
The Complaint asserts various constitutional and state law causes of action against the different groups of defendants. As already stated, the claims arise from the death of Phillip Martin on January 8, 2008. That morning, members of the Fugitive TaskForce arrived at Linda Martin's home looking for her son, Phillip, in order to execute a warrant for his arrest. While they were in the home, one gunshot was fired, and Phillip Martin was later found dead in an upstairs bedroom. The relevant authorities at the time determined that Phillip Martin committed suicide by shooting himself in the head with a .38 caliber revolver. Plaintiffs now claim that one of the Marshalls shot and killed Phillip Martin and that the rest of the defendants were either negligent in performing their investigative duties or were engaged in a conspiracy, along with the Marshals, to cover up Phillip Martin's murder.
As of January 2008, there were at least three outstanding warrants for the arrest of Phillip Martin: in June 2007, Roanoke City General District Court, a state court in Virginia, issued a warrant for Mr. Martin's arrest for misdemeanor assault and battery; in August 2007, Roanoke City Circuit Court, another Virginia state court, issued a warrant for Martin's arrest for failing to appear on charges of eluding police and possession of a firearm by a convicted felon; and in October 2007, the Virginia Department of Probation and Parole issued an arrest warrant for Phillip Martin for parole violations related to his previous conviction for possession of cocaine with intent to distribute. See Bober Decl. Ex. A (Arrest Warrants).7
In December 2007, law enforcement authorities in Virginia requested assistance in locating Phillip Martin from the New York/New Jersey Regional Fugitive Task Force (the "Fugitive Task Force"), after an initial investigation indicated that Martin may have been residing with family in Camden. See id. Ex. A (Cunane Depo.) at 20:19-21; seealso id. Ex. C (U.S. Marshals Report of Investigation dated December 13, 2007) (hereinafter "USMS 12/13/07 Report"); id. Ex. K (New Jersey State Police Fact Briefing Sheet). In its report requesting assistance from the Fugitive Task Force, the Marshals Service indicated that it had been working with a confidential source who had recently received a call from Phillip, and had determined that the call had been made from a cell phone subscribed to by Phillip's brother, Dwayne Martin, who the Marshals Service said resided at 103 S. 35th Street in Camden. See USMS Report.
Defendant Kevin Cunane, a member of the Fugitive Task Force, was assigned to locate and apprehend Martin. See Cunane Depo. at 20:16-21; Bober Decl. Ex. D (U.S. Marshals Report of Investigation dated January 9, 2008) (hereinafter "USMS 1/9/08 Report"). Before attempting to locate Phillip Martin, Cunane accessed law enforcement databases, which indicated that Martin had an outstanding 1995 arrest warrant from Collingswood, New Jersey. See Cunane Depo. 26:19-22. The New Jersey warrant listed Phillip's address as 103 S. 35th Street in Camden, which matched the current address that the Marshals had been given for Phillip's brother Dwayne. See Arrest Warrant; USMS 12/13/07 Report. Cunane also accessed property records and motor vehicle records, which indicated that 103 S. 35th Street was owned by Phillip's mother Linda Martin, and that Linda and Dwaun Martin (another of Phillip's brothers) had listed that address as their address of record with the New Jersey Motor Vehicle Commission. See Cunane Depo. 23:6-9; see also Bober Decl. Ex. E (documents from Cunane's investigative file). Cunane also obtained address information for other known associates of Phillip Martin, including a woman named Cherry Boyce. See id.
On the morning of January 8, 2008, Cunane and the other members of theFugitive Task Force gathered to discuss the arrest targets for the day, including Phillip Martin. See Bober Decl. Ex. F (Cunane Interrogatories) at 4. The group was briefed about its intended targets. Before arriving at 103 S. 35th Street, the Marshals searched for Phillip Martin at the home of Cherry Boyce, who lived on Benson Street in Camden. See Cunane Depo. at 56:1-5; id. at 64:14-65:8. After the Marshals did not find Phillip at Boyce's home they proceeded to 103 S. 35th Street. See Leone Depo. 39:23-40:2. The Marshals arrived at 103 S. 35 Street at approximately 6:30 a.m. See Leone Depo. 31:14-17; Bober Decl. Ex. V (Linda Depo.) at 102:18-19.
Cunane was the lead U.S. Marshal for the assignment to arrest Phillip Martin; Cunane assigned operational positions for the other team members in the event that Phillip was present at any of the locations they visited. See Cunane Interrogatories at 4-5; see also Bober Decl. Ex. G (Arrest Team Task Force worksheet with team member assignments) (hereinafter "Arrest Worksheet"); Hunsinger Depo. 25:20-26:13.8 Some members of the team were assigned to remain on the property's perimeter, and others were assigned to approach and enter the house.9 It is undisputed that Defendants Barrett Johnson, John Hunsinger, and Tim O'Brien were assigned to the "search team" that would enter the home. Cunane was also in the group that entered the house, and was part of the "inside control team," whose job would typically be to remain on the first floor. See Cunane Interrogatories at 4-5; Arrest Worksheet; Hunsinger Depo. 26:5-8.
Cunane, Leone, Johnson, Hunsinger, and O'Brien approached the house, and Cunane knocked on the front door. See Cunane Interrogatories at 5; Bober Decl. Ex. H(Leone Interrogatories); Cunane Depo. 30:14-16; id. at 89:16-18; Leone Depo. 41:3-6; Hunsinger Depo. 28:4-6. After "a few minutes," see Linda Depo. 109:20-110:1, Linda "slightly opened the door," id. at 113:21.
The parties dispute what exactly happened next. The Federal Defendants say that Cunane asked Linda what her name was, and who was in the house with her. Linda Depo. 132:4-10. The Federal Defendants further contend that Linda Martin told Cunane her name and said that her sons Dwayne and Phillip were in the house, and that Phillip was upstairs. Id. 132:11-13; Leone Depo. 45:3-5; Cunane Depo. 82:8-11. In the Marshals' version, the Marshals only entered the home to search for Phillip Martin after being told by Linda that Phillip was in the house. See Linda Depo. at 132:15-16.
Plaintiffs, citing only the January 15, 2013 Declaration of Linda Martin, which she submitted in support of Plaintiffs' opposition to Defendants' motions for summary judgment, contend that when Ms. Martin slightly opened the door to find out who was knocking, the Marshals burst into her home, with guns drawn. See Linda Decl. ¶¶ 7-10. Plaintiffs say that the Marshals did not present any arrest warrant or search warrant to Ms. Martin or tell Ms. Martin why they were at her home. See id. Plaintiffs...
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