Roddy v. Canine Officer

• Decision Date: 18 November 2003
• Docket Number: No. IP 02-0547-C-H/K.,IP 02-0547-C-H/K.
• Parties: RODDY, Anne, Roddy, John, Plaintiffs, v. CANINE OFFICER, Officer # 2, Indianapolis Police Department—Dismissed 8/6/02, Indianapolis, City of, Defendants.
• Court: U.S. District Court — Southern District of Indiana

293 F.Supp.2d 906

RODDY, Anne, Roddy, John, Plaintiffs, v. CANINE OFFICER, Officer # 2, Indianapolis Police Department—Dismissed 8/6/02, Indianapolis, City of, Defendants.

No. IP 02-0547-C-H/K.

United States District Court, S.D. Indiana, Indianapolis Division.

November 18, 2003.

COPYRIGHT MATERIAL OMITTED

ADOPTION OF RECOMMENDATION

HAMILTON, District Judge.

The Magistrate Judge submitted his Report and Recommendation. Counsel were afforded due opportunity pursuant to statute and the rules of this court to file objections. No objections were filed. The court, having considered the Magistrate Judge's Report, and being duly advised, approves and adopts the Magistrate Judge's Report and Recommendation.

Accordingly, (1) Plaintiffs' motion for leave to amend their complaint is DENIED; (2) Defendants' motion for summary judgment with respect to the individual defendants Canine Office and Officer # 2 is GRANTED with respect to all claims; (3) Defendants' motion for summary judgment with respect to Defendant City of Indianapolis is GRANTED with respect to Plaintiffs' 42 U.S.C. § 1983 claims; and (4) Plaintiffs' remaining state claims against the City of Indianapolis are REMANDED to Marion County Superior Court.

REPORT AND RECOMMENDATION ON MOTION FOR SUMMARY JUDGMENT AND MOTION TO AMEND COMPLAINT

BAKER, United States Magistrate Judge.

I. Introduction.

On April 27, 2001, during the chase and apprehension of a suspected car thief, an Indianapolis Police Department canine officer's dog bit and held down Plaintiff Anne Roddy ("Roddy"), allegedly causing her permanent physical injuries. Plaintiffs sued the Defendants, two unnamed officers and the City of Indianapolis (the "City"), in the Marion Superior Court alleging various claims under Indiana state law, as well as federal claims brought pursuant to 42 U.S.C. § 1983.¹ The Defendants removed the action to this Court, and filed a motion for summary judgment. Defendants' motion argues in part that Plaintiffs failed to identify the individual officers within the statute of limitations, and that therefore any claims against these officers are untimely. Plaintiffs' motion to amend their complaint to identify the unnamed officers is also pending before the Court.

For the reasons set forth below, the Magistrate Judge recommends that, with respect to the unnamed Defendants, Plaintiffs' motion for leave to file amended complaint be DENIED and Defendants' motion for summary judgment be GRANTED in its entirety. The Magistrate Judge further recommends that Defendants' motion for summary judgment with respect to Plaintiffs' federal claims against the City be GRANTED. Finally, the Magistrate Judge recommends that the Court decline to exercise supplemental jurisdiction over Plaintiffs' remaining state law claims against the City.

II. Summary Judgment Standard.

Summary judgment is proper "if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed. R.Civ.P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Illinois Cent. R. Co. v. South Tec Development Warehouse, Inc., 337 F.3d 813, 816 (7th Cir.2003). "Only disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment. Factual disputes that are irrelevant or unnecessary will not be counted." Abrams v. Walker, 307 F.3d 650, 653 (7th Cir.2002), citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The Court construes all facts and draws all reasonable inferences in the light most favorable to the nonmoving party. Butera v. Cottey, 285 F.3d 601, 605 (7th Cir.2002).

Because the purpose of summary judgment is to isolate and dispose of factually unsupported claims, the non-movant must respond to the motion with evidence setting forth specific facts showing that there is a genuine issue for trial. See Michael v. St. Joseph County, 259 F.3d 842, 845 (7th Cir.2001). To successfully oppose the motion for summary judgment, the non-movant must do more than raise a "metaphysical doubt" as to the material facts. See Wolf v. Northwest Ind. Symphony Soc'y, 250 F.3d 1136, 1141 (7th Cir.2001). A scintilla of evidence in support of the non-movant's position is not sufficient to defeat a summary judgment motion; "there must be evidence on which the jury could reasonably find for the [non-movant]." Anderson, 477 U.S. at 252, 106 S.Ct. 2505.

III. Background.²

On April 27, 2001, Indianapolis Police Department ("IPD") Officer Charles Lewis and his canine partner Rex participated in a car chase on the south side of Indianapolis.³ [Lewis Dep., pp. 4, 6; IPD Case Report No. 01-0048068-0001]. The individuals being chased were suspected of car theft. [IPD Case Report Nos. 01-0048068-0000, 01-0048068-0001]. The car chase ended when the suspects crashed into a pole near St. Francis Hospital. Thereafter, two suspects got out of the car, one from each side, and the driver ran through the hospital parking lot toward the emergency room entrance. [Lewis Dep., pp. 7-9, 48-49; A. Roddy Dep., pp. 38, 45-46]. Officer Lewis, who was directly behind the stolen vehicle when it crashed, arrived at the scene immediately. He retrieved his canine partner from the backseat to assist with the pursuit of the driver suspect. [Lewis Dep., pp. 8-9]. After retrieving his police dog, Officer Lewis ordered the fleeing suspect to stop, however to no avail. [Lewis Dep., p. 8].

At this same time Roddy, an employee of St. Francis Hospital, was outside the emergency room in the parking lot assisting an elderly man that had been locked out of his car. [Roddy Dep., pp. 30-31, 40]. After the suspect got out of his car, Roddy ran away fearing the suspect would grab her. [Roddy Dep., pp. 39, 42-43]. Upon hearing Officer Lewis' commands for the suspect to stop, Roddy stopped, identified herself as a hospital employee, and put her hands in the air. [Roddy Dep., pp. 43-44]. Roddy admits that the stop command did not appear to be directed at her. [Roddy Dep., p. 43; Docket No. 39, p. 2]. Thereafter, Officer Lewis released his canine partner to pursue the suspect, despite the presence of Roddy and other individuals in and around the parking lot. [Roddy Dep., pp. 45-46, 76-77, 83-84; Lewis Dep., pp. 13, 48-49]. In releasing his canine partner, Officer Lewis intended to apprehend the suspect before he could enter the hospital and cause more harm. [Lewis Dep., pp. 48-49].

However, instead of pursuing and apprehending the suspect, Officer Lewis' police dog chased Roddy. [Lewis Dep., pp. 18-22]. Officer Lewis ordered the dog to stop several times, however the dog continued to chase Roddy. [Lewis Dep., pp. 20-22]. Despite Officer Lewis' commands to stop, the dog apprehended Roddy by pulling her to the ground and ripping off her shirt and bra. [Roddy Dep., pp. 46, 70-71; Lewis Dep., pp. 18-19]. The dog apprehended and held Roddy to the ground by biting her right wrist and hand. [Lewis Dep., p. 30; Roddy Dep., pp. 65, 90]. Marion County Deputy Sheriff Christopher Taylor arrived to the scene while the police dog held Roddy down.⁴ Roddy identified herself to Deputy Taylor as a hospital employee and repeatedly requested Deputy Taylor to pull off the dog. Deputy Taylor did not pull the dog off of Roddy, but instead held her at gunpoint until the Officer Lewis arrived and withdrew the dog. [Roddy Dep., pp. 47-48; Taylor Dep., pp. 8-9; Lewis Dep., pp. 23-24]. Officer Lewis verbally ordered his police dog to release Roddy's arm but the dog did not obey and Officer Lewis physically removed the dog from Roddy. [Lewis Dep., pp. 22-24]. Thereafter, Officer Lewis and his police dog continued to pursue the suspect while Deputy Taylor stayed with Roddy and sought medical attention for her. [Lewis Dep., pp. 28, 35; Taylor Dep., p. 9].

The City had policies governing the use and handling of canine partners. According to these policies, officers should not release their canine partners when there is a probability that bystanders are present. [Patton Dep., pp. 38, 41-43; Lewis Dep., p. 15]. Police dogs should not be released from an officer's car even in the pursuit of a felon. [Patton Dep., p. 41]. However, when pursuing a forcible felon suspect, such as rape, murder, car-jacking, robbery, and child molestation, an officer may consider releasing his canine partner if he believes the apprehension of the forcible felon outweighs the risks of someone else getting bitten or the dog being run over by a car. [Patton Dep., p. 41].

In addition, City policy required that canine officers undergo classroom training prior to working the street.⁵ Officer Lewis and his canine partner received this training. [Lewis Dep., pp. 26, 39, 45-46]. In addition, Officer Lewis and his police dog train on a daily basis and undergo monthly performance reviews to remain certified. [Lewis Dep., p. 39; Patton Dep., pp. 47-48]. However, Officer Lewis' dog had experienced several notable behaviors during his training. For example, during his initial training, the dog had problems "outing" or releasing the individual he had apprehended upon verbal command. [Lewis Dep., p. 36]. In addition, the canine had performed unsatisfactorily in other areas during training exercises. [Defs.' Resp. to Interrogs., Ex. A]. During 2001, Officer Lewis' police dog had other "bite and hold" situations where the dog did not obey Officer Lewis' verbal "out" command. In these situations, Officer Lewis had to physically remove the dog from its hold. [Lewis Dep., pp. 40-42]. Finally, during 2001, Officer Lewis' police dog bit ten other criminal suspects (three before Roddy and seven after). These instances did not involve the accidental biting of a non-suspect. [Defs.' Interrog. Resp. No. 13; Lewis Dep., p. 51...