Miller v. City of Columbus

Decision Date28 March 1996
Docket NumberNo. C2-94-1267.,C2-94-1267.
Citation920 F. Supp. 807
PartiesPamela Y. MILLER, Plaintiff, v. CITY OF COLUMBUS, et al., Defendants.
CourtU.S. District Court — Southern District of Ohio

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Michael S. Kolman, Spater, Gittes, Schulte & Kolman, Columbus, OH, for plaintiff.

Nancy L. Weidman, Assistant City Attorney, Columbus, OH, for defendants.

OPINION AND ORDER

GRAHAM, District Judge.

Plaintiff, Pamela Y. Miller, brings this action under 42 U.S.C. §§ 1983 and 1985 asserting that the defendants, City of Columbus, Ohio (hereinafter referred to as "City") and Thomas E. Miller and Jeffrey Mathys, Columbus Police officers, violated her rights under the Fourth, Fifth and Fourteenth Amendments to the United States Constitution. Plaintiff also asserts state law claims of negligence and intentional and negligent infliction of emotional distress. Plaintiff brings this suit against defendants in their official and individual capacities. This matter is now before the Court on defendants' motion for summary judgment.

The plaintiff, who is black, is a resident of the City and lives in a predominately black neighborhood. The defendants Mathys and Miller are employed by the City as police officers in its Division of Police. On the night of January 2, 1993, plaintiff Miller called the Division of Police, through its 911 system, and reported that William Revels had broken into her residence. Defendants Mathys and Miller were dispatched to plaintiff Miller's residence. The events that followed defendants' dispatch to plaintiff's residence are disputed by the parties.

The defendants proffer the deposition testimony of defendants Mathys and Miller. They testified that they were dispatched to plaintiff's residence and advised by the dispatcher that a domestic disturbance was occurring there involving the plaintiff's "boyfriend." (Miller Depo. p. 9; Mathys Depo. p. 11) (Defendants' Exhibit 1a). Defendant Mathys stated that when he and Miller arrived at plaintiff's residence, they were met at the door by Revels. (Mathys Depo., p. 11). When they entered the residence, plaintiff immediately came downstairs. She was upset and stated that she did not know Revels and that he had broken into her home.1 (Miller Depo., pp. 12 and 13). Plaintiff and Revels then began "screaming and hollering" at each other. After attempting to control the situation, the defendants questioned Revels and he informed them that he lived there and that he had clothes and mail in the upstairs bedroom. (Miller, Depo., p. 14). The defendants, plaintiff Miller and Revels then proceeded to the plaintiff's bedroom. (Miller, Depo., p. 14).

Upon entering the bedroom, Revels showed defendants mail addressed to him reflecting the plaintiff's address. (Mathys, Depo., p. 15).2 Revels also opened several dresser drawers and identified certain clothing items as belonging to him. Plaintiff Miller disagreed and stated that the clothing belonged to her husband. (Miller Depo., p. 18). The defendants then decided to separate plaintiff Miller and Revels. Mathys took plaintiff downstairs to the kitchen while defendant Miller stayed upstairs with Revels. (Miller Depo., p. 19). While downstairs, plaintiff showed Mathys the side door which had been "kicked in" and stated that she knew Revels and that he had lived with her for approximately two weeks. She further stated that the clothing identified by Revels belonged to her husband who was in prison. (Mathys Depo., pp. 19-20). Meanwhile defendant Miller and Revels were upstairs in the bedroom. Plaintiff's daughters, who were standing near the bedroom, informed defendant Miller that Revels lived there. Defendant Miller then requested that Revels leave the plaintiff's residence and told him to "get a bag and.... take your clothes with you." (Miller Depo., p. 21). Defendant Miller stated that he saw Revels place "some pants and shirts, underwear and.... a jacket" into a green trash bag. (Miller Depo., p. 22). As Revels packed the clothing items, he attempted to claim a boxed set of screwdrivers and a ring, but plaintiff's children disagreed. Defendant Miller prevented Revels from removing those items. At no time did the plaintiff's daughters indicate that Revels was removing their mother's property.

Once Revels packed the clothing into the bag, Miller escorted Revels downstairs and out of the plaintiff's residence. (Miller Depo., pp. 22-25). Miller testified that as he escorted Revels out of the residence neither he, nor plaintiff, asked to inspect the bag. (Miller Depo., p. 25). He further testified that while he and Mathys were there, plaintiff Miller did not complain at any time that Revels had taken her property. (Miller Depo., pp. 27 & 35). Mathys, however, testified that plaintiff Miller asked to inspect the bag after Revels departed from her residence. (Mathys Depo., p. 23).

Plaintiff Miller disputes the deposition testimony of defendants Mathys and Miller. In her deposition testimony, plaintiff stated that she became acquainted with Revels while he was in prison. They communicated with each other by telephone and correspondence. (Pamela Miller, Depo., pp. 12-13). On the evening of January 2, 1993, she was at home with her daughters and their friend when Revels stopped by her residence to visit. Although she did not wish to see him, plaintiff's daughter permitted Revels to enter the residence. Plaintiff and Revels talked and then Revels departed for the grocery store. When he returned, plaintiff refused to allow him to re-enter the residence. (P. Miller, Depo., pp. 16-19). After Revels became violent, plaintiff called the police and told the dispatcher "there is a man outside screaming and yelling, saying he is getting ready to break our windows out to our house." (P. Miller, Depo., p. 20). Revels broke into the residence through the side door and plaintiff and her daughters fled upstairs to a bedroom. (P. Miller Depo., pp. 20-22).

Defendant Mathys and Miller then arrived at the residence and were met by Revels. Plaintiff came downstairs and informed defendants that Revels was a robber, that he damaged her side door, and that she wanted him removed. (P. Miller, Depo., pp. 24-25). Plaintiff, defendants and Revels next proceeded upstairs to plaintiff's bedroom. While in the bedroom, plaintiff disputed Revels' claims that he lived there and that he had clothing in a nearby dresser. Plaintiff Miller and defendant Mathys then proceeded downstairs where plaintiff showed Mathys the doors damaged by Revels. (P. Miller, Depo., p. 31). After viewing the doors, defendant Mathys refused to do anything and told plaintiff that it was a domestic matter. (P. Miller, Depo., p. 32). Revels then immediately ran upstairs. When he returned downstairs with a green trash bag, plaintiff requested the opportunity to look into the bag but was told by one of the officers that the items belonged to Revels. (P. Miller, Depo., p. 33). She informed the defendants that Revels had nothing in the house. As Revels and defendants approached the front door to leave, she made another request to look into the bag. She then attempted to force her way through the front door to grab the bag as Revels exited through the door, but one of defendants stood in front of her. That defendant then told plaintiff that the dispute was a civil matter and that it should be resolved in court. (Pamela Miller Depo., pp. 33-34).

The plaintiff also proffers the affidavit of her daughter, Ebony Crosby, who is eighteen years of age. (Plaintiff's Exhibit D). Ms. Crosby states that the officer who followed Revels upstairs was not in the bedroom as Revels packed the trash bag. He was standing on the staircase landing. She also states that although plaintiff informed defendants that Revels was taking her things, they would not allow anyone to look inside the bag. (Crosby Affidavit, para. 12) (Doc. # 17).

That same evening, plaintiff called 911 again and reported that Revels had stolen two cellular phones, several leather coats, clothing, jewelry and money. The Division of Police dispatched a third officer to the residence who took a report. The record indicates that Revels was later arrested and charged with aggravated burglary in connection with the alleged theft of Miller's property and ultimately plead guilty to a lesser burglary offense.

Under Fed.R.Civ.P. 56(c), summary judgment is proper "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." See LaPointe v. United Autoworkers Local 600, 8 F.3d 376, 378 (6th Cir.1993); Osborn v. Ashland County Bd. of Alcohol, Drug Addiction and Mental Health Servs., 979 F.2d 1131, 1133 (6th Cir.1992) (per curiam). The party that moves for summary judgment has the burden of showing that there are no genuine issues of material fact in the case at issue, LaPointe, 8 F.3d at 378, which may be accomplished by pointing out to the court that the nonmoving party lacks evidence to support an essential element of its case. Barnhart v. Pickrel, Schaeffer & Ebeling Co., 12 F.3d 1382, 1389 (6th Cir.1993). In response, the nonmoving party must present "significant probative evidence" to demonstrate that "there is more than some metaphysical doubt as to the material facts." Moore v. Philip Morris Cos., 8 F.3d 335, 339-40 (6th Cir.1993). "The mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 2509-10, 91 L.Ed.2d 202 (1986). See generally Booker v. Brown & Williamson Tobacco Co., 879 F.2d 1304, 1310 (6th Cir. 1989).

In reviewing a motion for summary judgment, "...

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