Menon v. Frinton
| Decision Date | 30 March 2001 |
| Docket Number | No. 3:99CV247 (AHN).,3:99CV247 (AHN). |
| Citation | 170 F.Supp.2d 190 |
| Court | U.S. District Court — District of Connecticut |
| Parties | Hema MENON v. Lawrence FRINTON |
John R. Williams, Williams & Pattis, New Haven, CT, for Plaintiff.
Thomas R. Gerarde, Paul Erickson, Melinda A. Powell, Howd & Ludorf, Hartford, CT, for Defendant.
RULING ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
The plaintiff, Hema Menon ("Menon"), brings this 42 U.S.C. § 1983 action against the defendant, Lawrence Frinton ("Frinton"). Menon alleges violations of her rights under the first, fourth and fourteenth amendments to the United States Constitution. She also asserts a state law claim of intentional infliction of emotional distress.
Now pending before the court is Frinton's Motion for Summary Judgment [doc. # 13]. For the reasons that follow, the motion is GRANTED.
A motion for summary judgment may not be granted unless the court determines that there is no genuine issue of material fact to be tried and that the moving party is entitled to judgment as a matter of law. See Rule 56(c), Fed.R.Civ.P.; Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The substantive law governing the case identifies those facts that are material on a motion for summary judgment. See Anderson, 477 U.S. at 248, 106 S.Ct. 2505. A dispute regarding a material fact is genuine "if the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Aldrich v. Randolph Cent. Sch. Dist., 963 F.2d 520, 523 (2d Cir.1992) (citation and internal quotation marks omitted). The party seeking summary judgment bears the burden of showing that no genuine dispute about an issue of material fact exists. See Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970). The court must draw all factual inferences and assertions in favor of the party opposing summary judgment. See Lee v. Sandberg, 136 F.3d 94, 102 (2d Cir.1997).
Summary judgment dismissing a claim based upon a defense of qualified immunity may be granted if the court finds that the "asserted rights were not clearly established, or if the evidence is such that, even when it is viewed in the light most favorable to the plaintiffs and with all permissible inferences drawn in their favor, no rational jury could fail to conclude that it was objectively reasonable for the defendants to believe that they were acting in a fashion that did not violate a clearly established right ." In Re State Police Litigation, 88 F.3d 111, 123 (2d Cir.1996). If a reasonable trier of fact could find that the defendant's actions were objectively unreasonable, then the defendants are not entitled to summary judgment. See Lennon v. Miller, 66 F.3d 416, 421 (1995). In cases where the defense alleges qualified immunity, the courts are not concerned with the correctness of the defendant's conduct, but rather the objective reasonableness of their actions in light of the circumstances confronting them at the scene. Id.
The following facts are undisputed. Frinton was employed as a police officer by the City of Danbury. See Defendants' 9(c)(1) Statement of Undisputed Facts ¶ 1. [hereinafter "Defs.' Stat."] and Plaintiff's 9(c)(2) Statement ¶ 1 [hereinafter Pl.'s Stat."]. As a police officer, Frinton has the authority to enforce the traffic laws of the State of Connecticut. See Defs.' Stat. ¶ 2 and Pl.'s Stat. ¶ 2. On March 3, 1990, Frinton was called to investigate a traffic accident involving Menon and Gale McNamara ("McNamara") in Danbury, Connecticut. See Defs.' Stat. ¶ 3 and Pl.'s Stat. ¶ 3. Frinton interviewed both drivers regarding the accident. See Defs.' Stat. ¶ 4 and Pl.'s Stat. ¶ 4. Frinton determined that Menon was at fault, but did not issue her a summons. See Defs.' Stat. ¶ 5 and Pl.'s Stat. ¶ 5. Menon believed that Frinton's conclusion that she was at fault was not based upon the results of his investigation, but was the result of bias because McNamara was the wife of a fellow police officer. On May 9, 1990, Menon filed an accident report with the Connecticut Department of Motor Vehicles ("DMV"). See Defs.' Stat. ¶ 6 and Pl.'s Stat. ¶ 6. In her report, Menon explained her version of the accident and claimed that Frinton was biased against her.
Six years later, on February 20, 1996, Menon was involved in a motor vehicle accident with Ann Dux ("Dux") in Danbury, Connecticut. See Defs.' Stat. ¶ 7 and Pl.'s Stat. ¶ 7. By chance, Frinton also investigated this accident. See Defs.' Stat. ¶ 8 and Pl.'s Stat. ¶ 8. During Frinton's investigation, Menon told him that she was traveling behind Dux before the accident occurred. See Defs.' Stat. ¶ 9 and Pl.'s Stat. ¶ 9. Frinton interviewed the drivers, analyzed the damage to the vehicles, and concluded that Menon was at fault. He charged her with following too closely in violation of Connecticut General Statutes § 14-240. See Defs.' Stat. ¶ 10 and Pl.'s Stat. ¶ 10. Menon believes that Frinton's conclusion that she was at fault was not based upon the facts, but on his desire to retaliate against her for filing a complaint against him six years earlier. Frinton maintains that at the time of the 1996 accident he had no recollection of Menon or the accident that had occurred six years earlier. See Defendant's Memorandum of Law ("Def's Mem.") Exhibit A, ¶¶ 10, 11.
Menon claims that Frinton (1) violated her right to be free from false arrest and malicious prosecution as guaranteed by the Fourth Amendment; (2) found her at fault in the 1996 accident in retaliation for her complaint against him to the Department of Motor Vehicles in 1990; (3) violated her equal protection rights under the Fourteenth Amendment; (4) violated her First Amendment right to freedom of speech, freedom to petition the government for redress of grievances, and right of access to the courts; and (5) violated Connecticut law by intentionally inflicting emotional distress.
Frinton maintains that he is entitled to summary judgment because (1) his actions during the March 3, 1990, and February 20, 1996, motor vehicle accidents were objectively reasonable; (2) there is no evidence of improper motive supporting a retaliation claim; (3) there is no evidence of discriminatory conduct supporting an equal protection claim; and (4) the claim for intentional infliction of emotional distress does not satisfy the extreme and outrageous standard. The court agrees.
Menon alleges that Frinton violated her right to be free from false arrest and malicious prosecution in violation of the Fourth Amendment in connection with his investigation of the two automobile accidents and issuance of a summons for a motor vehicle violation. Frinton asserts that he is entitled to qualified immunity for these claims based upon the "objective reasonableness" of his actions.
"Qualified immunity serves important interests in our political system." Sound Aircraft Servs., Inc. v. Town of East Hampton, 192 F.3d 329, 333 (2d Cir. 1999). Qualified immunity shields government officials from liability for civil damages as a result of their performance of discretionary functions, and serves to protect government officials from the burdens of costly, but insubstantial, lawsuits. See Harlow v. Fitzgerald, 457 U.S. 800, 817-18, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982). The doctrine of qualified immunity entitles public officials to freedom from suits for acts performed in their official capacity if "(1) their conduct does not violate clearly established constitutional rights, or (2) it was objectively reasonable for them to believe their acts did not violate those rights." Martinez v. Simonetti, 202 F.3d 625, 633-34 (2d Cir.2000) (quoting Weyant v. Okst, 101 F.3d 845 (2d Cir.1996)). Even where the plaintiff's federal rights and the scope of the official's permissible conduct are clearly established, the qualified immunity defense protects a government actor if it was "objectively reasonable" for him to believe that his actions were lawful at the time of the challenged act. See Lennon, 66 F.3d at 421. The objective reasonableness test is met and a defendant is entitled to qualified immunity if "officers of reasonable competence could disagree" on the legality of the defendant's conduct. See Malley v. Briggs, 475 U.S. 335, 340-41, 106 S.Ct. 1092, 89 L.Ed.2d 271 (1986).
Here, because it is clearly established that an individual may not be arrested or issued a motor vehicle summons without probable cause, see Lee, 136 F.3d at 102, the success of Frinton's claim of qualified immunity depends on whether his actions were supported by probable cause and whether his conduct in making that determination was objectively reasonable. See Robison v. Via, 821 F.2d 913, 921 (2d Cir.1987) ().
For the purpose of the qualified immunity analysis within the context of a claim such as the one asserted here, the court considers only the facts that were available to the police officer, or could have been perceived by him at the time he engaged in the challenged conduct. Cf. Lowth v. Town of Cheektowaga, 82 F.3d 563, 567 (1996). "The existence of probable cause must be determined on the basis of the totality of the circumstances." Harford v. County of Broome, 102 F.Supp.2d 85, 92 (N.D.N.Y.2000). See also Moore v. Comesanas, 32 F.3d 670, 673 (2d Cir.1994) ().
Based on the totality of the undisputed facts, the court finds that it was objectively reasonable for Frinton to believe that probable cause existed to find Menon responsible for the 1990 and 1996 car accidents. In both accidents, Frinton's conclusions were based on his analysis of the...
To continue reading
Request your trial
-
Christman v. Kick
...right to be free from arrest without probable cause when he charged him with a violation of § 14-222. See, e.g., Menon v. Frinton, 170 F.Supp.2d 190, 196 (D.Conn.2001) (granting officer summary judgment as to false arrest and malicious prosecution claims because in "both accidents, [the off......
-
Bloom v. Luis
...it was `objectively reasonable' for him to believe that his actions were lawful at the time of his challenged act." Menon v. Frinton, 170 F.Supp.2d 190, 194 (D.Conn.2001) (citing Lennon v. Miller, 66 F.3d 416, 421 (2d Having found that Mr. Bloom has presented a viable Fourth Amendment claim......
-
Voccola v. Rooney
...an action as the court must look to the specific facts and circumstances of each case in making its decisions." Menon v. Frinton, 170 F.Supp.2d 190, 198 (D.Conn.2001) (internal citations and quotation marks omitted). In the workplace, the threshold for demonstrating extreme and outrageous c......
-
Saliga v. Chemtura Corp.
...an action as the court must look to the specific facts and circumstances of each case in making its decisions." Menon v. Frinton, 170 F. Supp. 2d 190, 198 (D. Conn. 2001) (internal quotation marks and citation omitted). However, "[c]ertain principles have emerged in the context of employer/......