Pierce v. Cherry Hill Twp., Civil Action No. 09-6487
| Decision Date | 26 June 2013 |
| Docket Number | Civil Action No. 09-6487 |
| Parties | Bobbie Lynn Pierce Plaintiff, v. Cherry Hill Township, et. al., Defendants. |
| Court | U.S. District Court — District of New Jersey |
NOT FOR PUBLICATION
Hon. Joseph H. Rodriguez
This matter is before the Court by way of Defendants' Motion for Summary Judgment pursuant to Fed. R. Civ. P. 56(c) [Dkt. 43]. For the reasons described herein, the Court will deny Defendants' Motion.
This case arises from events that transpired starting at approximately 3:00 a.m. on November 22, 2007, when a group of men attacked Mr. and Mrs. Pierce in the parking lot of the Cherry Hill Diner. (Defs.' Statement of Material Facts Not in Dispute "SMF" ¶¶ 8-20.) Mr. and Mrs. Pierce went to the Diner with their friends after spending an evening out together. (Defs.' SMF ¶¶ 1-8.) As they pulled into the parking lot of the Diner, a van almost collided into Mr. Pierce's Ford Bronco. (Defs.' SMF ¶ 9.) The people in the van and the people in Mr. Pierce's Bronco yelled at each other and exchanged curses; one of the men from the van exited the vehicle, approached Mr. Pierce's Bronco, and punched the driver's side window. (Defs.' SMF ¶¶ 10-11.) Mr. Pierce got out of the Bronco and began to argue with the man while Mrs. Pierce wentbehind the wheel of the Bronco and pulled the vehicle into a space in the Diner parking lot. (Defs.' SMF ¶¶ 12-14.)
The man arguing with Mr. Pierce then punched Mrs. Pierce near her left ear before ripping her purse out of her hands and throwing it onto Route 38. (Defs.' SMF ¶¶ 15-16.) As Mrs. Pierce and her friend left the scene to retrieve her purse, Mr. Pierce and the man began to fight. (Defs.' SMF ¶¶ 17-18.) When she returned to the parking lot, Mrs. Pierce saw Mr. Pierce laying on the top steps of the entrance of the diner and three men standing over him kicking his head. (Defs.' SMF ¶¶ 19, 30.) Mrs. Pierce saw her other friend trying to protect Mr. Pierce by laying on top of his head. (Defs.' SMF ¶ 19.) The men eventually stopped kicking Mr. Pierce and Mrs. Pierce's friend stood up. (Defs.' SMF ¶¶ 20-21.) Mr. Pierce did not seem himself; he was very blank and pale, bleeding from his nose and ear, sweating profusely, and he was unable to speak. (Defs.' SMF ¶¶ 21-26.) Mr. Pierce was unable to get up and did not respond when Mrs. Pierce asked him, "Joe, are you okay?" (Defs.' SMF ¶¶ 27-28.)
Meanwhile, Cherry Hill Police Department Sergeant Thomas Weber was driving home in his personal vehicle following his shift when he got a Code 2 call about a physical altercation in the parking lot of the Cherry Hill Diner. (Defs.' SMF ¶¶ 35, 38.) Code 2 calls indicate that the situation is serious and requires sirens and lights. (Defs.' SMF ¶¶ 38.) Sergeant Weber testified that his first observation of Mr. Pierce was that he was on his knees at the top step of the entrance to the Diner. (Defs.' SMF ¶¶ 39.) Sergeant Weber learned that there had been a stabbing and that Mr. Pierce was a "strong suspect" in the stabbing. (Pl.'s Br. Opp'n., Ex. E, "Weber Dep," Tr. at 26:14 - 26:22.) Sergeant Weber testified that Mr. Pierce was holding a closed folding knife,which he took from him without any resistance as he patted down Mr. Pierce.1 (Defs.' SMF ¶¶ 43-47.) Sergeant Weber asked Mr. Pierce his name and what happened; Mr. Pierce did not respond and muttered incomprehensibly. (Defs.' SMF ¶¶ 40-42, 55.)
By this time, Sergeant Brittian Henderson, Patrolman Evan Triveri, Patrolman Ryan Del Campo, and other officers had arrived at the diner. (Defs.' SMF ¶¶ 57-58, 66-69, 78-80.) After they arrived, Officers Triveri and Del Campo approached the scene. Mr. Pierce was lying on the ground and Sergeant Weber was confronting Mrs. Pierce and her two friends. Mrs. Pierce stated that during this time, she "explained to the Police Officer that my husband had been kicked and beaten in the head." (Pl.'s Br. Opp'n., Ex. N, "Certification of Bobbie Lynn Pierce" at ¶ 4.) Sergeant Weber testified that the women were all trying to speak to him at once and they all appeared to be intoxicated. (Pl.'s Br. Opp'n., Ex. E, "Weber Dep," Tr. at 81:12 - 81:21) He reported that (Pl.s' Br. Opp'n., Ex. J, "Weber Supplementary Offense Report," at DEF 0022.) Sergeant Weber testified that "it is possible that" Mrs. Pierce told him that Mr. Pierce had been kicked in the head. (Pl.'s Br. Opp'n., Ex. E, "Weber Dep," Tr. at 78:19 - 83:01.)
Sergeant Weber instructed Officers Triveri and Del Campo to arrest Mr. Pierce and put him in the back of Officer Triveri's police car.2 The record indicates that during this time, either or both Officers Triveri and Del Campo communicated with Mr. Pierce by asking "Sir, you alright?" and "Sir, are you injured?" (Triveri MVR at 3:28:15 - 3:28:48.)
At approximately 3:42 a.m., the officers assisted Mr. Pierce into Officer Triveri's patrol car. (Triveri MVR at 3:41:30 - 3:42:05.) Officer Triveri's MVR video displays the Officers telling Mr. Pierce "one step at a time, I got you" and "watch your head." (Triveri MVR at 3:41:30 - 3:42:38.) Officer Renee Houlihan reported arriving at the diner at this time and observing "a male prisoner in the rear seat [of Triveri's car]" who "was obviously intoxicated" and "could not keep his eyes open and had his head bent back." (Pl.'s Br. Opp'n., Ex. J, "Houlihan Supplementary Offense Report.") The video indicates that while Mr. Pierce was sitting in the back of the car, the officers were talking about the fight, asking "who's this guy, what's his role" and noting that "his face is all swelled up" and "he has a really good cut on him." (Triveri MVR at 3:43:10 - 3:45:00.) The video shows Mr. Pierce sitting upright in Triveri's car while the officers have a conversation for some time. (Triveri MVR at 3:42:05 - 3:52:00.) During this conversation, the officers discuss "road rage" and one officer says that people were "kicking the shit out of this guy." (Triveri MVR at 3:46:54 - 3:47:30.) At 3:50 a.m., anofficer shined a light into the car, and, directing the light at Mr. Pierce, said "somebody got kicked in the head a few times." (Triveri MVR at 3:50:40 - 3:51:08.)
Sergeant Henderson testified that he observed Officers Triveri and Del Campo transport Mr. Pierce to Officer Triveri's cruiser and "from my observations, I knew he was highly either intoxicated or that drugs may be involved" and "he wasn't normal." (Defs.' Mot. Summ. J., Ex. C, "Henderson Dep," Tr. 15:17 - 17:20.) Sergeant Henderson testified that he does not recall being told that there was an allegation that Mr. Pierce had been kicked in the head. (Defs.' Mot. Summ. J., Ex. C, "Henderson Dep," Tr. 19:20 - 19:24.) Sergeant Henderson testified that "knowing there was a good chance that he was probably going to end up being incarcerated, being sent to the county jail, with the observations that I saw of [Mr. Pierce], that I was going to need to have him medically cleared in order for him to be incarcerated." (Defs.' Mot. Summ. J., Ex. C, "Henderson Dep," Tr. 15:21 - 16:03.) Sergeant Henderson testified that if an individual is going to be incarcerated in the county jail and "there is the remote possibility that there may be something wrong with the individual, before he gets incarcerated, they have to be medically cleared," but that if he "would not have been going to the county jail, I probably would not have sent him to the hospital" because individuals do not have to be medically cleared to be housed in a holding cell. (Defs.' Mot. Summ. J., Ex. C, "Henderson Dep," Tr. 15:17 - 17:03.) Sergeant Henderson testified that he accordingly instructed Officer Triveri to take Mr. Pierce to the hospital for medical clearance.3 (Defs.' Mot. Summ. J., Ex. C, "Henderson Dep," Tr. 15:17 - 16:19.)
At approximately 3:52 a.m., the officers began to drive Mr. Pierce to the hospital. (Triveri MVR at 3:52:00.) Plaintiff's expert points out that the MVR indicates that during this time, Mr. Pierce rode in handcuffs in the back of the car, "his head bouncing around, not supported, down to his chin." They arrived at the hospital at approximately 3:55 a.m. and told Mr. Pierce that he needed to be "checked out." (Triveri MVR at 3:55:00.) The video shows Mr. Pierce grunting or moaning while he slowly maneuvers himself out of the back seat of the car. (Triveri MVR at 3:55:20 - 3:55:45.)
The video indicates that an officer told the triage nurse that "he got kicked in the head a couple times, we're really not sure other than that." (Triveri MVR at 3:58:10 - 3:58:20.) An Officer told Mr. Pierce "don't fall forward" (Triveri MVR at 4:00:20) and an officer told Mr. Pierce that if he has an injury that they don't know about, "pick up your feet." (Triveri MVR at 4:01:50.) Mr. Pierce vomited while in triage. (Triveri MVR at 4:02:30; Pl.'s Opp'n., Ex. L, "Nursing Initial Assessment Record.") The nurse's initial assessment records completed at this time indicate that Mr. Pierce "arrived via police, states he was in an altercation and may have been kicked in the head" and that he "attempted to get up and out of chair, will not answer questions." (Pl.'s Opp'n., Ex. L, "Nursing Initial Assessment Record.")
At approximately 4:10 a.m., Mr. Pierce was transported to the emergency room and the hospital...
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