Odom v. Matteo

• Decision Date: 24 January 2011
• Docket Number: Civil Action No. 3:08–cv–1569 (VLB).
• Citation: 772 F.Supp.2d 377
• Parties: Debra ODOM, Plaintiff,v.Gilbert J. MATTEO, Murray Pendleton, and City of Waterford, Defendants.
• Court: U.S. District Court — District of Connecticut

772 F.Supp.2d 377

Debra ODOM, Plaintiff,

v.Gilbert J. MATTEO, Murray Pendleton, and City of Waterford, Defendants.

Civil Action No. 3:08–cv–1569 (VLB).

United States District Court, D. Connecticut.

Jan. 24, 2011.

David William Bush, Brignole, Bush & Lewis, Juri E. Taalman, Brignole & Bush, F. Timothy McNamara, Hartford, CT, Jeffrey C. Ankrom, Messir & Massad, LLC, New London, CT, for Plaintiff.

Jon S. Berk, Michael C. Conroy, Gordon, Muir & Foley, Russell Nicholas Jarem, Gordon Muir & Foley LLP, Hartford, CT, James A. Mahar, Michael T. Ryan, Ryan Ryan Deluca LLP, Stamford, CT, for Defendants.

MEMORANDUM OF DECISION DENYING DEFENDANT GILBERT MAFFEO'S MOTION FOR SUMMARY JUDGMENT [Doc. # 57] AND GRANTING IN PART AND DENYING IN PART DEFENDANTS MURRAY PENDLETON AND TOWN OF WATERFORD'S MOTION FOR SUMMARY JUDGMENT [Doc. # 58]

VANESSA L. BRYANT, District Judge.

The plaintiff, Debra Odom (hereinafter “Plaintiff” or “Odom”), filed this action for damages against the defendants, Officer Gilbert Maffeo (hereinafter “Maffeo”),¹ Waterford Chief of Police Murray Pendleton (hereinafter “Pendleton”), and the Town of Waterford ² (hereinafter collectively “Defendants”). This case arises out of Officer Maffeo's use of a Taser on the Plaintiff, who allegedly suffers from a brain injury, during a traffic stop. Her Amended Complaint asserts a total of sixteen counts against the Defendants. The Plaintiff brings claims against Officer Maffeo for negligence (First Count), assault and battery (Third Count), willful/wanton assault and battery (Fifth Count), violation of 42 U.S.C. § 1983 (Seventh Count), false imprisonment (Ninth Count), and negligent infliction of emotional distress (Eleventh Count). She asserts claims against Chief Pendleton for negligent training and supervision (Thirteenth Count) and violation of 42 U.S.C. § 1983 (Fifteenth Count). Finally, she asserts claims against the Town of Waterford for indemnification pursuant to Connecticut General Statute § 7–465 for the alleged torts of Maffeo and Pendleton (Second, Fourth, Sixth, Eighth, Tenth, Twelfth, Fourteenth, and Sixteenth Counts), violation of 42 U.S.C. § 1983 (Seventh and Fifteenth Counts), and negligent training and supervision (Thirteenth Count). The Court previously dismissed the Seventh Count, asserting violation of 42 U.S.C. § 1983, as against defendant Waterford by Memorandum of Decision dated February 3, 2010. [Doc. # 52]. Therefore, the Seventh Count remains pending only as to Maffeo.

Presently pending before the Court are motions for summary judgment filed by Maffeo [Doc. # 57], and by Pendleton and Waterford [Doc. # 58]. The Defendants seek summary judgment as to all surviving claims asserted in the Amended Complaint. For the reasons stated below, Maffeo's motion for summary judgment is DENIED, and Pendleton and Waterford's motion for summary judgment is GRANTED IN PART and DENIED IN PART.

I. FACTUAL AND PROCEDURAL BACKGROUND

The following facts relevant to the Defendants' motions for summary judgment are undisputed unless otherwise noted. On September 22, 2006, at approximately 10:30 p.m., Odom was pulled over by Officer Maffeo while operating her motor vehicle on Route 32 in Waterford, Connecticut. Def. Maffeo's 56(a)(1) Statement ¶ 1. Maffeo was on duty as a Town of Waterford Police Officer at that time and place, and was operating a police cruiser with yellow or white and orange overhead lights. Id. ¶ 2; Odom Aff. ¶ 7. The record does not reflect whether or not Maffeo was dressed in police uniform at the time of the traffic stop. Odom concedes that, while Maffeo was following her on Route 32, she exceeded the posted speed limit and changed lanes without signaling. Def. Maffeo's 56(a)(1) Statement ¶ 3. After following Odom for some distance, Maffeo activated the emergency lights on his police cruiser, and effected a motor vehicle stop on Odom. Id. ¶ 4. When Maffeo approached Odom's vehicle, he requested that she turn off the vehicle and roll down her window. Id. ¶ 5. Odom complied with the request to turn off her vehicle, but rolled her window down only approximately three inches. Id. ¶ 6.

Maffeo claims that he identified himself to Odom as a police officer upon approaching her vehicle. Id. ¶ 7. Odom disputes this claim, contending that she did not know that she was being followed by a police car, could not see who was approaching her car, and that Maffeo did not initially identify himself as a police officer. Pl. 56(a)(2) Statement ¶ 7. Odom asserts that she did not know whether Maffeo's vehicle was a police vehicle because it had yellow or white and orange flashing lights rather than red or blue lights and had been driving erratically. Odom Aff. ¶ 7. She further claims that her ability to see Maffeo was hindered because he shined a bright flashlight in her mirrors when he left his car and moved his light directly into her eyes when he approached her vehicle. Id. ¶ 10. According to Maffeo, when he approached Odom's vehicle she immediately told him that he had to turn off his spotlight because it was blinding her. Maffeo Aff. ¶ 10. Odom further indicated that she had a brain injury and that the light could cause her to have a seizure. Maffeo Aff. ¶ 11. Maffeo responded that he would turn off the spotlight once he had her license, registration, and insurance card, and deemed it to be safe to do so. Id.

Odom did not comply with Maffeo's initial investigative request for her driver's license, registration, and insurance card. Def. Maffeo's 56(a)(1) Statement ¶ 9. Maffeo requested the same information a second time, and again Odom failed to comply. Id. ¶ 10. Maffeo then requested the information a third time, at which point Odom provided only her driver's license. Id. ¶ 11. Odom indicates that she intended to fully comply with Maffeo's request after he identified himself as a police officer and after she provided him with important information about her brain injury. Pl. 56(a)(2) Statement ¶¶ 9–11. Odom suffers from a brain injury which she claims makes it difficult for her to understand and respond to instructions, makes her appear agitated or uncooperative, and makes her dizzy and photosensitive. Odom Aff. ¶ 4. She contends that she handed her “brain injury survivor card” to Maffeo when she gave him her driver's license and asked him to read it because she suffers from a brain injury. Id. ¶ 19. However, Maffeo refused to read the information on the card and threw it back at her. Id. ¶ 20. She attempted to hand it to him again, but he again threw it back at her without reading it. Id. ¶¶ 21–22. Maffeo denies this, claiming that he read the card and handed it back to Odom, after which she continued to refuse to provide him with the information he had requested. Maffeo Aff. ¶¶ 12–13. The card, which was provided to Odom by a support group sponsored by the Brain Injury Association of Connecticut, identifies Odom as a brain injury survivor, lists her mother as an emergency contact, and describes medication, foods, and substances that she is allergic to. Def. Maffeo Exh. C. In addition, the back of the card outlines some of the potential symptoms of brain injury, which may include impairment of vision, hearing, and sense of understanding, impairment of coordination and ability to control muscles, excessive laughing or crying, restlessness, agitation, and anxiety, slow responses, difficulty with short or long term memory, confusion, disorientation, and anger. Id. There is no mention of photosensitivity or proneness to seizures.

Odom claims that after she gave Maffeo her license and while she was searching for her registration and insurance card, her cell phone rang. She answered the phone because she knew from the ring tone that it was her mother calling, and she hoped that her mother could inform Maffeo of the limitations she experienced as a result of her brain injury. Odom Aff. ¶ 22. Odom states that after she answered the phone, Maffeo identified himself as a police officer for the first time, but refused to give his name or badge number or identify the municipality he served. Id. ¶ 23. She then gave her phone to Maffeo and asked him to speak with her mother. Id. ¶ 24.

At the time of the traffic stop, Odom had pepper spray, a wooden “tire knocker” club, and a box cutter in her vehicle. Id. ¶ 13. Odom admits that these items were in her vehicle, but asserts that none of the items were in her reach during the stop and that she made no efforts to reach any of the items. PI. 56(a)(2) Statement ¶ 13. Maffeo claims that, after Odom handed him her cell phone, she returned it and opened her car door, at which time he saw the “tire knocker” club next to her seat. Def. Maffeo's 56(a)(1) Statement ¶ 14. At this point, he became concerned for his safety because of the presence of the club, the secluded area, and Odom's agitated and odd behavior. Maffeo Aff. ¶ 18. He then ordered her to exit the vehicle, but she refused. Id. ¶ 19. Odom contends, however, that Maffeo did not return the cell phone to her, but instead hung up the phone, turned the power off, and threw it on the dashboard. Odom Aff. ¶ 25. Odom further contends that Maffeo started yelling at her, at which point she feared for her safety and tried to turn on her phone to call 911. Id. ¶¶ 26–27. Maffeo purportedly prevented her from doing so by opening her car door from the inside, “leaping” into the car, grabbing the phone, and smashing it against the road. Id. ¶ 28. Odom claims that, during the altercation, Maffeo struck his head against hers, and his glasses or badge cut her shoulder. Id.

Maffeo then told Odom that she was under arrest and ordered her to get out of the car. Maffeo Aff. ¶ 20. According to Odom, she informed Maffeo that she would gladly exit the vehicle at the request of another police officer because she feared for her safety. Pl. 56(a)(2) Statement ¶ 15. Odom explains that she did not believe that Maffeo was a real police officer because of the way he was acting...