Nolan v. Krajcik
| Decision Date | 12 July 2005 |
| Docket Number | No. CIV.A.02-12228-JGD.,CIV.A.02-12228-JGD. |
| Citation | 384 F.Supp.2d 447 |
| Parties | Timothy J. NOLAN, et al., Plaintiffs, v. Allen KRAJCIK, et al., Defendants. |
| Court | U.S. District Court — District of Massachusetts |
Paul J. Adams, Law Office of Paul Adams, Brockton, MA, Noreen A. Jonson, Law Office of Noreen A. Jonson, Westwood, MA, Frederick M. McDermott, Attorney at Law, Brockton, MA, for Marie F. Nolan, Timothy J. Nolan, Plaintiffs.
Stephen M. Woodworth, Lynch & Lynch, South Easton, for Town of Easton, Allen Krajcik, Kevin Paicos, Stanley Bates, William Fulcher, Defendants.
MEMORANDUM AND ORDER ON DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT
In this action, plaintiff Timothy J. Nolan ("Nolan"), contends that the defendants violated his constitutional and common law rights in connection with his removal from an Easton, Massachusetts town meeting on June 12, 2000 and the subsequent publicity concerning the incident. Additionally, Nolan's spouse, plaintiff Marie F. Nolan, is seeking relief for loss of consortium resulting from the defendants' allegedly improper treatment of her husband. The defendants are three Easton police officers, Allen Krajcik ("Krajcik"), William Fulcher ("Fulcher"), and Stanley Bates ("Bates"), as well as the Town of Easton ("Easton" or "Town") and Kevin Paicos ("Paicos"), who was serving as the Town Administrator for Easton at the time of the incident. The plaintiffs have named the individual defendants in both their individual and official capacities.
The Complaint contains nine counts consisting of federal civil rights claims and state law claims. Nolan alleges, pursuant to 42 U.S.C. § 1983, that all of the defendants deprived him of rights secured by the United States Constitution, and that Krajcik, Paicos and Bates are also liable for punitive damages (Counts I through IV). Nolan also alleges claims against Krajcik and Fulcher for assault and battery (Count V), against Paicos and Bates for defamation (Count VI), against Krajcik, Fulcher, Bates and Paicos for violations of the Massachusetts Civil Rights Act, Mass. Gen. Laws ch. 12, § 11 ("MCRA") (Count VII), and against the Town for negligence under the Massachusetts Tort Claims Act, Mass. Gen. Laws ch. 258 ("MTCA") (Count VIII). Finally, Mrs. Nolan asserts a claim for loss of consortium against all of the defendants (Count IX).
The matter is presently before the court on each of the defendant's motion for summary judgment. For all the reasons detailed herein, the motions of Krajcik, Bates, Paicos and the Town for summary judgment (Docket Nos. 25, 27, 29 and 31) are ALLOWED. The motion of Fulcher for summary judgment (Docket No. 33) is DENIED as to the claims in Counts I, V, VII and IX relating to his alleged use of excessive force outside the gymnasium, and otherwise ALLOWED.
The following facts relevant to the defendants' motions are undisputed unless otherwise indicated.
On June 12, 2000, plaintiff Timothy Nolan attended an Easton, Massachusetts town meeting held at the Oliver Ames High School gymnasium. . The defendants have submitted two videotapes of the events of the meeting on which all parties agree the court may rely in addition to the documentary submissions.
Prior to the date of the meeting, the Town's Chief of Police, defendant Bates and the Town's Deputy Chief of Police, defendant Krajcik, anticipated that there would be some controversy at the meeting concerning the anticipated termination of defendant Paicos' employment as Easton's Town Administrator. (PF ¶ 15; PRK ¶ 61). Thus, Bates assigned Krajcik and another police officer, defendant Fulcher, to provide security at the June 12 meeting. (BF ¶ 14; PRK ¶ 60; PRK Ex. D at 86). Bates also attended the meeting. (BF ¶¶ 15-19).
The purpose of the June 12 town meeting was to resolve budget issues. (See Krajcik Exs. B & C). Nevertheless, during the course of the meeting, John Leahy, a town resident, sought to bring before the meeting issues in support of Paicos, and proposed a non-binding resolution praising Paicos. (KF ¶ 4; PRK ¶ 63). Leahy's efforts in support of Paicos received vocal support from many members of the crowd. (PRK ¶ 67; PRK Exs. R & Q).
Nolan believed it was unfair to allow Leahy to raise issues favorable to Paicos out of order during this very lengthy meeting. (PRK ¶ 69). Nolan challenged Paicos' right to speak by standing up and reminding the town moderator that there was a pending motion on the floor. (KF ¶ 5; PRK ¶ 69). The moderator responded to the plaintiff stating, "I understand that sir." (KF ¶ 6). The plaintiff then asked, (Id. at ¶ 7). He continued to criticize the moderator for allowing the town meeting to become a "circus" and a "pep rally," and concluded his comments to the moderator by saying, (Id. at ¶¶ 8-9; PRK ¶ 70). Some members of the audience reacted to these statements by booing Nolan. (KF ¶ 10; PRK ¶ 70).
At this point, Nolan turned his attention away from the moderator and toward the audience yelling, "[y]eah, boo you." (KF ¶ 11 and Krajcik Exs. B & C). Someone from the audience shouted for Nolan to sit down, and one or more persons heckled him and called him an "asshole." (KF ¶ 12; PRK ¶ 70). Nolan responded, saying, "[n]o, you come make me sit down," to which the audience replied with boos. (KF ¶¶ 13, 14). Nolan then waved his arms toward the audience and stated, "[c]ome on down and make me sit down — assholes." (Id. at ¶ 15). No one from the audience approached Nolan, and Nolan returned to his seat. (Id. at ¶ 26; PRK ¶¶ 73, 75). He did, however, continue to shout at the audience. (Krajcik Exs. B & C).
Neither the moderator nor the police who attended the meeting made any effort to admonish the audience members who were heckling Nolan. (PRK ¶ 71, Krajcik Exs. B & C). However, Krajcik, dressed in plainclothes, rapidly approached Nolan after Nolan had returned to his seat. (KF ¶ 26; PRK ¶ 76). According to Krajcik, at the time he approached Nolan, Krajcik was not concerned that someone might accept Nolan's invitation to make him sit down and that an affray might ensue. (PRK ¶ 74). Rather, Krajcik testified that he had determined that Nolan's speech and gestures constituted disorderly conduct and that while he had probable cause to do so, he had no intention of arresting him, but only wanted to calm him down. (PRK ¶¶ 77, 79, 80). For his part, Nolan contends that Krajcik tried to silence him because Krajcik was a Paicos supporter who had worked with Paicos during Paicos' tenure as Town Administrator, although Nolan offers no facts to support this contention. (See PRK ¶¶ 58, 59).
Nolan rose to his feet as Krajcik approached him. (KF ¶ 26). Nolan and another witness recalled that Krajcik said something to the effect of "you're out of here" or "you're all done talking." (PRK ¶ 82). The plaintiff denies that he understood that Krajcik was a police officer. Although Krajcik contends he was wearing his officer's badge on his belt with his jacket open, and that he identified himself as a police officer when he approached the plaintiff, Nolan claims that Krajcik did not identify himself and that he did not notice a badge or anything else distinguishing Krajcik as a police officer.2 (KF ¶¶ 23, 24; PRK ¶ 51-54; KR ¶ 52). Fulcher claims that he heard Krajcik identify himself to Nolan. (FF ¶ 34).
When Krajcik reached Nolan, he placed his hand on the plaintiff's left arm and began speaking to him. (KF ¶ 27). Nolan then "turned away from Krajcik and began to sit down." (Id. at ¶ 28). Krajcik continued to speak to Nolan, while putting his arm around Nolan's back. (Id. at ¶ 29). Nolan reacted to Krajcik's action by pushing him away and then pushing him backwards. (Id. at ¶¶ 30, 32; Krajcik Ex. C). Although it was later reported in the newspaper that Krajcik described Nolan's act of pushing him away as "a non-combative `keep away' gesture," videotapes of the incident show that the parties were yelling at each other, that Nolan pushed Krajcik away forcefully, and that the events happened quite quickly. (See PRK ¶ 87; PRK Ex. M; Krajcik Ex. C). Fulcher, having observed Krajcik approach Nolan and Nolan pushing Krajcik backwards, went over to assist Krajcik in restraining the plaintiff. (FF ¶¶ 33, 35, 37; KF ¶ 33). Other Easton police officers, several in uniform, also arrived to assist in the matter. (KF ¶ 33). The police officers then removed Nolan from the town meeting by pushing and pulling him through the aisles of the gymnasium where the meeting was occurring. (Id. at ¶ 34; PRK ¶ 34). While removing Nolan from the gymnasium, Krajcik physically restrained Nolan's hands and repeatedly told him "to `relax' and `take it easy.'" (KF ¶¶ 37-38). Videotapes of the incident show that Fulcher (in plainclothes) had his arm around the plaintiff's neck as he moved Nolan through the gymnasium. (Krajcik Ex. B & C). Bates, who had observed the events, followed behind the other officers as they took Nolan from the town meeting. (BF ¶¶ 15-19).
It is undisputed that Nolan struggled and resisted throughout the course of his removal from the gymnasium. (KF ¶¶ 35, 36; FF ¶¶ 27, 28). Nolan contends that he was defending himself and was unaware that the defendants were police officers. (PRK ¶¶ 35, 36; PRF ¶¶ 27, 28). He makes no mention of the uniformed police who were escorting him out.
The dispute continued outside the gymnasium, although there is no videotape of these events. According to the (disputed) record, Fulcher had Nolan in a choke hold and Nolan was having difficulty breathing. (PRF ¶ 54; PRF Ex. H at 49). Fulcher allegedly also twisted Nolan's arm and pushed him toward a wall. (FF ¶¶ 48, 49, 51; PRF...
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