Olender v. Township of Bensalem, CIVIL ACTION NO. 96-8117 (E.D. Pa. 1/__/1999)
| Decision Date | 01 January 1999 |
| Docket Number | CIVIL ACTION NO. 96-8117. |
| Parties | ROBERT OLENDER v. TOWNSHIP OF BENSALEM, et al. |
| Court | U.S. District Court — Eastern District of Pennsylvania |
David J. Juall, Chalfont, PA, Jay M. London, Daniel M. Brown, Philadelphia, PA, for plaintiff.
Peggy Greenfeld, Joseph Goldberg, James M. Prahler, Lawrence J. Bunis, Donald M. Davis, Philadelphia, PA, for defendant.
Plaintiff Robert Olender brings this action under 42 U.S.C. § 1983 and 1986 against the Township of Bensalem, Bensalem Police Captain Jack Robinson, and Bensalem Police Detectives David Rouland, Timothy Carroll, and John Knowles. Olender alleges violations of his rights under Article IV of the Constitution, and the First, Fourth, Fifth, Sixth and Fourteenth Amendments to the Constitution. His complaint is based on events, beginning in November 1994, which resulted in Olender's being charged with, tried for, and ultimately found not guilty of, prostitution and promoting prostitution, hindering apprehension or prosecution, and conspiracy. Based on the same facts, Olender also brings state tort claims against the individual defendants for false arrest and false imprisonment, malicious prosecution, and intentional infliction of emotional distress. Pursuant to Rule 56(c) of the Federal Rules of Civil Procedure, Defendants have moved for summary judgment, arguing that all of Olender's claims fail as a matter of law. In addition, the individual defendants assert that they are protected by qualified immunity on the constitutional claims, and immunity under the Pennsylvania Political Subdivision Tort Claims Act, 42 Pa. C.S. § 8541, et. seq., on the state law claims. I will grant Defendants' motion with respect to all claims for all remaining defendants.1
The facts as set forth are taken from the record before me, which consist primarily of deposition testimony and Detective Rouland's Affidavit of Probable Cause, dated January 27, 1995.2 I have adopted Plaintiff's version of the facts when there are disparities.3 Plaintiff Robert Olender and his wife own a property at 568 Bristol Pike in Bensalem Township. In November 1993, they leased the to Robert Shockey, who ran a business called the Monterey Bay Photo Company on the premises. On November 10, 1994, the Bensalem Township Police Department received information that a house of prostitution might be operating at 568 Bristol Pike, and that same day, Detective Rouland began surveillance of the property. He followed and stopped a male leaving the premises, and questioned him on what took place inside. The man stated that he had just had a "B & D" session, in which, for $175, a woman whipped him, then watched him as he masturbated. The next day, November 11, Detective Rouland and a second Detective, named Berry, were watching 568 Bristol Pike. Again, they followed a man as he left the building, and questioned him. That man told the detectives that he had just received a massage in which the female masseuse masturbated him. That evening, Detectives Rouland and Berry, were back watching the property. At some point, Shockey came out of the building and asked the detectives to identify themselves. Shockey heard them identify themselves as "Roland" and "Berry," but the detectives would not indicate whether or not they were police officers. Shockey returned to the building and called Olender.
In that call, Shockey told Olender of his conversation with "Roland" and "Barry," and indicated that he wanted to find out if the two individuals were police officers or "vigilantes." Olender, who is a photographer, had taken portraits of most of the Township's police officers for a public service program, and in response to Shockey's call, went to 568 Bristol Pike, taking with him a poster containing the portraits of approximately fifty officers. Shockey could not identify "Roland" or "Barry" from that poster. Olender then called the police station for information on "Roland" and "Berry," and was told that there were two Bensalem detectives named Rouland and Barry. Olender then went out to where Rouland and Berry were positioned, identified himself, and invited them in to inspect the premises. The detectives declined and left the area.
Prior to the investigation by Defendant Rouland, Defendant Carroll had been investigating the activities at 568 Bristol Pike. On August 30, 1994, he had gone there undercover and received a massage, during which the masseuse asked him if he wanted her to perform a "hand release" (a genital massage to cause ejaculation). On November 14, 1994, Carroll again went to the building, and was told by the masseuse that he couldn't get a "hand release" because "the neighbors have been stopping people when they leave." That same day, the police caused a search warrant to issue for the property. The police gathered evidence, including costumes, whips, masks, leather garments, restraints, paddles, a coffin, handcuffs, and a prayer alter, and took three female employees to police headquarters for questioning. In their search, the police also recovered the poster of the police officers that Olender had taken to Shockey three days earlier, and a photograph of another Bensalem Police Officer, Greg Young. Olender later told Detective Rouland that he had taken the picture of Officer Young over to Shockey to demonstrate a photographic technique.
One of the women taken in by the police on November 14 was Nicole Peckham. At the police station, Ms. Peckham was questioned by Defendant Knowles. At one point during the interview, Rouland briefly entered the room. Peckham later testified at Olender's trial that Rouland, who is "the brother-in-law of Peckham's son's father (by marriage)," threatened to have Peckham's son taken from her if she did not cooperate with the investigation. During the questioning, Knowles asked Peckham whether she knew Olender, or if she knew the landlord. She replied that she didn't know anyone name Olender, and didn't know the landlord. Knowles then said that Olender drives a white Jeep, and asked if she knew the guy who drove a white Jeep. Peckham replied that she knew a guy who drove a white Jeep, who met often with Shockey, but that she didn't know him as either Olender or the landlord. Peckham then added that the guy in the white Jeep was used as a "model," during a massage training session, but that the massage was non-sexual.4
On November 16, Olender went to the police station, on assignment from his employer Associated Press, to get access passes to an unrelated crime scene from Defendant Captain Robinson. After getting the passes and finishing with Robinson, Olender was asked by Detectives Rouland and Knowles if he would speak to them, and Olender agreed, and the three men went into a small office at the station. Their discussion centered on the activities at 568 Bristol Pike, and Olender's knowledge of what was taking place there. During this discussion, Rouland repeatedly attempted to get Olender to admit that he knew what was going on there and informed Olender that he could be charged with "facilitating prostitution" because he was the landlord and should have known what was going on. Olender was upset by Rouland's questions and statements, and responded that he did not know what was going on at 568 Bristol Pike or what "facilitating prostitution" was, and stated that he would sue Rouland if Rouland attempted to arrest or charge him. After Rouland informed Olender that he could be charged with prostitution, Olender said "Wow, I better get my lawyer." Rouland replied "[Y]ou'd better talk to your lawyer about that," but the interview did not end. Olender attempted to leave during this conversation, but was prevented from doing so, because Rouland's chair blocked the door, and each time Olender stood up to leave, Rouland told him to sit down and calm down. The interview lasted about one and one-half hours. At approximately 10:00 pm, Olender left the police station and went to the Associated Press office to hand in the passes he had obtained from Captain Robinson.
The next morning, Olender met with his attorney. Upon leaving his attorney's office, Olender saw Rouland on the street and waved to him. Rouland pulled over and Olender said words to the effect of Olender further told Rouland that his lawyer advised that it was a low-grade misdemeanor, and that Olender would only have to pay a fine. Olender then told Rouland, "Let's go over to Judge Brown's office and I can pay my fine." Rouland did not take any action at this time, and indicated to Olender that it was no big deal, and "they might not do anything about it."
On or about December 9, 1994, Rouland signed an affidavit of probable cause, requesting that an arrest warrant be issued against Olender. Among other facts, Rouland's affidavit related that, on November 16, Olender told Rouland that he had been suspicious of the activities at 568 Bristol Pike. In addition the affidavit included Ms. Peckham's identification of Olender as the model at the massage training session. Also on December 9, Rouland and Carroll signed a criminal complaint against Olender, charging him with prostitution and promoting prostitution, and hindering apprehension and prosecution. Olender was arraigned before District Justice Leonard J. Brown on December 9, 1994 and pled "not guilty." On Monday, December 12, Nicole Peckham was arraigned, and Olender was present at her arraignment. When Peckham was introduced to Olender that day, she realized that she had misidentified him to Knowles on November 14 as the man in the white Jeep, and the massage "model."
On January 25, 1995, a preliminary hearing was conducted by District Justice Brown. The only evidence offered against Olender was...
To continue reading
Request your trial