Rozycki v. City of Champlin, Civil No. 15-589 (JRT/FLN)
| Decision Date | 30 December 2016 |
| Docket Number | Civil No. 15-589 (JRT/FLN) |
| Parties | KENNETH ROZYCKI, Plaintiff, v. CITY OF CHAMPLIN, MATTHEW SMITH, in his official and individual capacity, and JEFF MARTIN, in his official and individual capacity. Defendants. |
| Court | U.S. District Court — District of Minnesota |
Paul Applebaum, APPLEBAUM LAW FIRM, 332 Minnesota Street, Suite W1610, St. Paul, MN 55101, for plaintiff.
Jason M. Hiveley, IVERSON REUVERS CONDON, 9321 Ensign Avenue South, Bloomington, MN 55438, for defendants.
Plaintiff Kenneth Rozycki brings this action against Defendants Officer Matthew Smith, Officer Jeff Martin, and the City of Champlin, alleging claims under 42 U.S.C. § 1983 and Minnesota law based on an encounter between Rozycki and the officers at Rozycki's home on April 20, 2014. Rozycki alleges that Martin and Smith violated his Fourth Amendment rights by entering his garage without a warrant or consent, tackling and restraining him - which resulted in his pants and underwear falling down for some period of time - and arresting him inside his home without a warrant or probable cause. Rozycki also alleges battery and invasion of privacy in connection with these events. All Defendants move for summary judgment on all claims.
The Court will grant Smith's and Martin's motion for summary judgment as to the § 1983 claims of arrest without probable cause and unlawful strip search; however, the Court will deny summary judgment as to the claims of unlawful, warrantless home entry and arrest and excessive force, as Smith and Martin are not entitled to qualified immunity on these claims. The Court will grant the City of Champlin's motion for summary judgment as to all § 1983 claims because Rozycki has failed to provide any factual or legal basis for extending liability to the City. As for the state claims, the Court will grant summary judgment as to all Defendants on Rozycki's claim of invasion of privacy, but will deny summary judgment as to all Defendants on Rozycki's claim of battery because Defendants are not entitled to official immunity.
On the afternoon of Easter Sunday, April 20, 2014, Plaintiff Kenneth Rozycki was at his home in Champlin, Minnesota, with a number of family members and family friends. Defendant Matthew Smith, a Champlin police officer, responded to a call from Rozycki's neighbor complaining of dogs barking loudly at Rozycki's home. (Aff. of Brian P. Taylor ("Taylor Aff."), Ex. 1 ("Smith Dep.") at 11:21-13:14, May 2, 2016, Docket No. 14; Taylor Aff., Ex. 7 ("Rozycki Dep.") at 28:3-17.) Smith arrived in the late afternoon and observed about half a dozen people in the driveway area drinking beer. (Smith Dep. at 19:20-20:11). Rocyzki went out to the street to speak with Smith, whoremained in his squad car. (Smith Dep. at 20:19-23, 21:18-22:15; Rozycki Dep. at 28:3-6.) When Smith brought up the noise complaint, Rozycki became verbally agitated. (Smith Dep. at 22:16-25:6; Taylor Aff., Ex. 2 ("Jason Dep.") at 9:25-11:3; Rozycki Dep. at 29:8-30:2.) Rozycki eventually walked away from the squad car. (Rozycki Dep. at 29:24-25.)
Rozycki's adult son Jason Rozycki, accompanied by Jason's son, stayed near Smith's car briefly after Rozycki walked away; Jason testified that Smith muttered something along the lines of "typical Rozyckis," after which Jason said, "[y]ou want my son to respect the police but you are making comments like this." (Jason Dep. at 11:3-21; see also Taylor Aff., Ex. 4 ("Jeremy Dep.") at 10:8-17.) According to Jason, Smith apologized and left the scene. (Jason Dep. at 11:8-9, 15:1-6.) In contrast, Smith testified that Rozycki told him the dogs would be put inside, after which Smith drove away, with no mention of the "typical Rozyckis" statement. (Smith Dep. at 25:5-24.)
Shortly after Smith left, Rozycki had a verbal exchange with the neighbor who had made the noise complaint. (Taylor Aff., Ex. 5 ("Erstad Dep.") at 14:16-15:1.) The neighbor then called 911, reporting that Rozycki had threatened her, saying "if you ever call the police on my dogs barking again, it will be the fucking last time you call." The neighbor also reported that she felt "very threatened," and that Rozycki had threatened her in the past. (Smith Dep. at 27:17-33:23, 28:16-31:4, 33:15-23; see also Martin Dep. at 13:18-23.) Rozycki testified, on the other hand, that although he did express his frustration and questioned his neighbor about why she called the police, he had notthreatened her, and one other witness in Rozycki's yard at the time also testified that Rozycki made no threat.1 (Rozycki Dep. at 32:7-33:10; Erstad Dep. at 15:16-19.) Smith testified that based on this telephone call, he believed Rozycki's conduct amounted to felony terroristic threats. (Smith Dep. at 32:4-33:14.)
Smith, Defendant Jeff Martin, a Champlin police officer, and Tony Mortinson, an Osseo police officer, responded in person to the neighbor's 911 call. The three officers met a few blocks from Rozycki's house to discuss the situation. (Smith Dep. at 33:24-35:9; Taylor Aff., Ex. 6 ("Martin Dep.") at 12:4-15:13; Aff. of Andrew Irlbeck ("Irlbeck Aff."), Ex. 13, May 23, 2016, Docket No. 20.) At the time of the events in question, Martin weighed over 290 pounds and was six feet four inches tall. (Martin Dep. at 6:25-7:6; Irlbeck Aff., Ex. 4 at 2.) An onlooker testified (presumably referring to Martin) that one of the officers at the Rozycki home that day was "the biggest cop that [she had] ever seen." (Matheny Dep. at 12:14.) According to Mortinson's police report, before the trio approached the Rozycki house, Smith and Martin told him that they planned to arrest Rozycki for terroristic threats and that they expected the other people at the Rozycki home to fight the officers during the arrest. (Irlbeck Aff., Ex. 13.)
The three officers then drove their squad cars closer to the Rozycki house, parked on the street, and approached the house on foot. (Smith Dep. at 35:10-23, 39:16-19;Martin Dep. at 15:12-19, 16:4-10.) When the officers drove up, Rozycki and a number of adults were in the driveway drinking beer and the garage door was open. (Smith Dep. at 35:18-36:8, 37:24-39:14; Martin Dep. at 15:20-23; Def. Ex. 13 at 18:24:45-50; Taylor Aff., Ex. 11 ("Coffey Dep.") at 14:23-15:20; Taylor Aff., Ex. 13 ("Smith Video") at 18:24:44-47.) Multiple onlookers testified that it appeared as though the officers snuck up on Rozycki by walking up along the side of the house, out of Rozycki's view. (Taylor Aff., Ex. 3 ("Countryman Dep."), at 18:15-20, 19:3-5, 22:15-24, 23:11-12; 69:9-70:7; Taylor Aff., Ex. 10 ("Matheny Dep.") at 12:1-24, 14:4-22, 16:13-17.) The officers deny that they were sneaking up on Rozycki and testified that they merely walked up to the house from their cars in plain sight - at least one witness statement supports this version of events.2 (Smith Dep. at 35:18-23, 39:16-19; Martin Dep. at 16:4-17:16; Jeremy Dep. at 15:24-16:8.)
The key events in this case took place over the span of about thirty seconds,3 starting when Smith, after walking within about fifteen feet of Rozycki's house, askedRozycki if the two of them could talk.4 (Smith Dep. at 39:16-40:19.) Instead of joining Smith for the requested conversation, Rozycki walked toward the door inside the garage leading into the house. (Smith Dep. at 40:21-22, 42:17-43:1; Rozycki Dep. at 36:2-6.) Smith testified that he perceived Rozycki's movement toward the interior door as an attempt to retreat and to disobey Smith's request. (Smith Dep. at 44:21-45:17; see also Irlbeck Aff., Ex. 3 at 5.) A few seconds later, Rozycki told the officers not to enter the garage, and then Smith immediately told Rozycki twice that he was under arrest, ran into the garage, and tackled Rozycki in the doorway leading into the house. (Rozycki Dep. at 36:6-11; Smith Dep. at 43:2-45:24; Jeremy Dep. at 16:9-23; Taylor Aff., Ex. 12 ("BarrettDep.") at 17:2-25.) Multiple witnesses testified that Smith and Martin entered the garage and tackled and restrained Rozycki without any noticeable provocation.5
As a result of the tackle, both Rozycki and Smith ended up lying with the top halves of their bodies inside the door leading into the house and their legs lying in the garage on the stairs leading up to the door. (Rozycki Dep. at 43:4-23; Martin Dep. at 19:2-15; Smith Dep. at 45:17-46:3.) Martin entered the garage shortly after Smith did; after Smith "took [Rozycki] down to the ground," Martin assisted in restraining Rozycki by holding his legs. (Smith Dep. at 45:17-47:8; Martin Dep. at 20:5-19; Rozycki Dep. at 39:10-11.) Smith then stood up and Martin moved Rozycki's body down the stairs onto the concrete garage floor, where Smith and Martin continued to restrain him, rolled him onto his stomach, and handcuffed his hands behind his back. (Smith Dep. at 46:24-47:4, 50:21-24; Martin Dep. at 20:24-25:11, 22:1-25; Rozycki Dep. at 38:8-41:25.) Martin testified that he "slid [Rozycki] down the stairs gently," and "roll[ed] him over to place him under arrest and put his hands behind his back." (Martin Dep. at 20:5-21:3.) Rozycki described the officers' efforts somewhat differently, testifying that they "slammed" his body into the floor, and in the process he hit his hip and the right side of his face and head on the concrete floor, causing pain to his hip. (Rozycki Dep. at 36:11-15, 39:3-42:3.) A neighbor watching from across the street testified that around the time Rozycki was tackled, she heard screaming followed by a "disturbing" sound of a body hitting the garage floor. (Matheny Dep. at 12:24-13:3.)
The officers perceived Rozycki to be physically resisting them and repeatedly told him to stop resisting. (Smith Dep. at 47:3; Smith Video at 18:25:25-34; see also Irlbeck Aff., Ex. 3 at 5; Irlbeck Aff., Ex. 4 at 5.) Meanwhile, Rozycki and witnesses testified that Rozycki was not resisting and that starting shortly after he was tackled, Rozycki...
To continue reading
Request your trial