Reid Machinery, Inc. v. Lanzer
| Decision Date | 30 April 2009 |
| Docket Number | Case No. 3:07 CV 2866. |
| Citation | 614 F.Supp.2d 849 |
| Parties | REID MACHINERY, INC., et al., Plaintiff, v. Nicholas LANZER, et al., Defendant. |
| Court | U.S. District Court — Northern District of Ohio |
Konrad Kuczak, Dayton, OH, for Plaintiffs.
Teresa L. Grigsby, Joan C. Szuberla, Spengler Nathanson, Toledo, OH, for Defendants.
This matter is before the Court on Defendants Deputy Nicholas Lanzer, Deputy Jeffery Romes, Williams County Engineer Dennis Bell, and Sheriff Kevin Beck's motion for summary judgment (Doc. 64), Plaintiffs Reid Machinery Inc. and Howard Douglas Robinson's response (Doc. 85), Defendants' reply (Doc. 92), and Plaintiffs' sur-reply (Doc. 99). Additionally, Defendants have filed two motions to strike (Doc. 93, 94) to which Plaintiffs have responded (Doc. 95, 96).
The Court has reviewed over one thousand pages of testimony and evidence as well as the numerous and lengthy briefs filed by the parties. After this careful review and after consideration of applicable law, the Court grants Defendants' motion for summary judgment on all federal claims (Doc. 64), and dismisses as moot Defendants' motions to strike (Doc. 93, 94). Plaintiffs' state-law claims are dismissed without prejudice.
This case centers on the determination made by two Williams County Sheriff's Deputies on April 26, 2007 that a Special Hauling Permit ("SHP") issued to Plaintiff Reid Machinery by the Ohio Department of Transportation ("ODOT") was null and void.
On April 18, 2007, Reid Machinery applied for and obtained a SHP issued by ODOT for the movement of an "Ormig Crane" from Lansing, Michigan to Pioneer, Ohio. (Dep. Exhibit 42 and 59; see also Dep. Exhibit 61). On April 19, 2007, Ed Reid drove a single trailer loaded with a 60 TM Ormig Crane to Pioneer Forge. Deputies Romes and Lanzer ("the Deputies") were informed that a vehicle appearing to be overweight and over-dimensional was traveling north on State Route 15 and then east on the local street, Industrial Avenue, into Pioneer Forge. (Romes Dep. p. 112). The Deputies traveled to Pioneer, where they observed the crane at Pioneer Forge. (Romes Dep. p. 112-114).
The Deputies obtained a copy of the specifications for the 60 TM crane which showed its weight to be 79,200 pounds, and its width to be 9 feet 8 inches. (Romes Dep. p. 114-115; Romes Aff. Exhibit C). This conflicted with the weight (75,000 pounds) and dimensional information (9 feet zero inches) contained on the April 19 SHP. The Deputies concluded that the crane had likely been moved illegally. (Romes Dep. p. 114; Lanzer Dep. p. 51-56, 65, 70).
On the evening of April 19, as the Deputies were stationed in the vicinity of Pioneer Forge, they observed workers leave the Pioneer Forge premises. Because the workers were departing Pioneer Forge with the trailer but without a valuable piece of equipment that appeared to have completed the job, the Deputies' suspected that Ed Reid either: a) realized its existing SHP was invalid and a valid one must be obtained before further travel; or b) might try to sneak the crane out of Pioneer Forge at a later time under the existing permit that was likely invalid. (Romes Affidavit at ¶ 6). Defendants claim that the Deputies' suspicion regarding the legality of the April 19 movement caused them to be concerned about the legality of future movements.
On April 26, 2007 in Lansing, Ed Reid instructed Doug Robinson to pick up the crane in Pioneer and bring it back Lancing. (Robinson Dep. p. 19-20). Later that morning, the Deputies, while on patrol, observed an empty "super-load" triple trailer traveling west-bound on U.S. Route 20 toward Pioneer. (See Dep. Exhibit 22). The Deputies spoke with officials at Pioneer to inquire about any local permits that had been obtained authorizing travel on Industrial Avenue. (Dep. Exhibit 21; Lanzer Dep. p. 25-27). The Deputies claim to have consulted the ODOT SHP data base, and found that no permit had been issued authorizing the unit to travel from Lansing to Pioneer, Ohio. (Lanzer Dep. p. 30-31. 35). Rather, they discovered that a SHP had been issued authorizing travel one-way, from Pioneer Forge to Lansing. (Lanzer Dep. p. 33). The SHP allowed the rig's load to weigh up to 165,000 pounds and the crane alone to weigh up to 95,000 pounds. (Dep. Exhibit 8).
The SHP issued for the east-bound movement from Pioneer back to Lansing caused the Deputies to be suspicious. The permit identified the load as the 45 TM Crane, but based on their prior research, the Deputies believed that the crane on-site at Pioneer Forge was actually the 60 TM. (Robinson Dep. p. 49-50; see also Lanzer Dep. P. 67-68). The permit identified the width of the vehicle as 9 feet 6 inches wide, but the Deputies believed that the crane was 9 feet 8 inches wide. (Lanzer Dep. p. 67-68, 115).
At 9:32 a.m., the Police Chief of Pioneer spoke to the Deputies by phone and advised the Deputies that the crane was being loaded. (Dep. Exhibit 33). The Deputies decided to initiate a traffic stop of the Reid vehicle "out in the county." (Dep. Exhibit 33). The Deputies were familiar with the roads and parking lots at Pioneer Forge and knew the rig must travel on Industrial Avenue to depart. (Lanzer Dep. p. 71).
Around 11:00 a.m., the Deputies encountered the vehicle loaded with the 60 TM crane traveling eastbound on U.S. 20 traveling away from Pioneer. (Lanzer Dep. p. 44, 46; Dep. Exhibit 22). The Deputies claim to have observed that the front trailer lacked a license plate, and the rear trailer license plate did not match the rear license plate identified on the SHP. (Lanzer Dep. p. 71-73; 82-84, see also Robinson Dep. p. 47).
At 11:16 am, the Deputies initiated a stop of the rig. (Dep. Exhibit 22). As Romes approached the cab, he grabbed the rear passenger chain and tie-down and observed that they were loose. (Romes Dep. p. 27). The Deputies also had concerns regarding the rig's bulging tires and its sluggish movement. (Dep. Exhibit 25). Romes claims to have informed the driver that he had been stopped because the Deputies believed he was exceeding the legal requirements for gross weight, legal width, and legal length of combination vehicles. (Romes Dep. p. 17).
Robinson said the officer who approached him was well-mannered, asked for the permits and registration materials, and asked for general information about the load. (Robinson Dep. p. 60-63; see also Romes Dep. p. 16, 23-24). However, Robinson also claims that the Deputies announced either "I am the DOT" or "I am the DOT weigh master." (Robinson Aff. ¶ 13; but see Robinson Dep. 64-65). Robinson also claims that the Deputies announced that they were conducing a "random stop" for a "routine inspection." (Robinson Aff. ¶ 12; Robinson Dep. 64).
Robinson was unable to produce registration for the trailers. (Robinson Dep. p. 62-63; Romes Dep. p. 90). Robinson also was unable to resolve the Deputies' concerns about the description, dimension, and weight of the load as they appeared on the SHP, nor the concerns about the license plates. (Robinson Dep. p. 63; Romes Dep. p. 90). The Deputies observed the vehicle and determined that the crane exceeded the load width permitted under the SHP, that the crane was not secure, and that the vehicle and load posed a safety hazard. (Robinson Dep. p. 63; Romes Dep. p. 25-26, 90).
Deputy Romes advised Robinson that it would be necessary to move the vehicle from the state highway to a side road where it could be properly measured and weighed. (Robinson Dep. p. 65). The parties and rig moved to a side road where the Deputies blocked traffic and continued with the investigation. (Romes Dep. p. 19, 21). This involved checking for traffic, positioning the escort vehicle, positioning the patrol vehicle, directing the driver and rig through the turn, reopening US-20, and setting cones in the new location. (Romes Dep. p. 30).
Deputy Romes informed Robinson that the vehicle would be escorted back to the County Garage. (Romes Dep. p. 70-71). Several times as the work was unfolding, Romes claims to have expressed concern to the driver that he or his company may make efforts to obtain a valid, replacement SHP. (Romes Dep. p. 66-67). Reid disputes this. (Reid Aff. ¶¶ 23-25).
The Deputies' investigation confirmed that the SHP did not accurately describe the load, and the license plates did not match those stated on the permit. (See Dep. Exhibit 12 and 14; compare Dep. Exhibit 8 with 13). The vehicle and load exceeded the width dimensions and the axel spacings granted on the permit. (Compare Dep. Exhibit 26 with 8). Robinson did not hold an appropriate commercial driver's license. (Robinson Dep. p. 17-18). The chains securing the load were found to be under the strength required by federal load securement standards. (Dep. Exhibit 29). Robinson admits he was not arrested or personally taken into custody and was told that the vehicle could depart with a valid SHP. (Robinson Dep. p. 75, 74).
Reid and Robinson state that the Deputies did not allow physical alterations to the vehicle to be made at the scene. (Robinson Aff. ¶ 22, Reid Aff. ¶ 26). Reid claims that Romes made no attempt to determine if there was a suitable place closer than the Williams County Engineer's Garage where the vehicle could be stopped and made legal.
Before the 3:47 p.m. departure, the Deputies obtained routing instructions from ODOT. The rig arrived at the garage at 4:56 p.m. (Lanzer Dep. p. 105). Defendants claim that the escort was slowed because Robinson had difficulty turning the rig and ran over a drain in the Village of Alverton. The rig was stopped and the parties had to wait for Village officials to make a repair before the escort could continue. (Romes Dep. p....
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