Samarco v. Neumann
| Decision Date | 04 March 1999 |
| Docket Number | No. 96-8522-CIV.,96-8522-CIV. |
| Parties | Phillip SAMARCO, Plaintiff, v. Robert NEUMANN, in his official capacity as Sheriff of Palm Beach County, and Randy Christensen, individually and in his official capacity as deputy of the Palm Beach County Sheriff's Office, Defendants. |
| Court | U.S. District Court — Southern District of Florida |
Arthur Thomas Schofield, West Palm Beach, FL, for plaintiff.
Fred H. Gelston, West Palm Beach, FL, Anthony J. Alfero, Ft. Lauderdale, FL, for defendants.
ORDER GRANTING DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT
THIS CAUSE is before the Court upon Defendants' Motion for Summary Judgment on the claims filed against Defendants in their official capacities [D.E. # 70] and Defendant Randy Christensen's Motion for Summary Judgment on the claim filed against him individually [D.E. # 78]. Plaintiff brought this suit against Defendants Robert Neumann and Randy Christensen in their official capacities as Sheriff and Deputy Sheriff of Palm Beach County, respectively, and against Randy Christensen, individually. Plaintiff's federal claims allege violations of 42 U.S.C. § 1983 for deprivations of his Fourth Amendment right to be free from unreasonable seizure.
Pursuant to 28 U.S.C. § 1331, this Court has jurisdiction over the claims which arise under federal law. Additionally, 28 U.S.C. § 1343(4) invokes the original jurisdiction of the Court over all claims predicated upon violations of civil rights.
Plaintiff originally filed a four-count complaint in the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida. Counts I and II allege deprivations of Plaintiff's Fourth Amendment rights under the U.S. Constitution, in violation of 42 U.S.C. § 1983. Count III alleged battery, while Count IV sounded in negligence. Defendants successfully removed the case to the Southern District of Florida, based on the civil rights violations alleged against Defendants. However, as Counts III and IV were predicated on state law, those counts were remanded to state court for disposition. Accordingly, only Counts I and II remain pending before the Court.
Defendants have moved for summary judgment on the § 1983 claims brought against them in their official capacities. Defendants assert that summary judgment in their favor is appropriate because: (1) Plaintiff has not established the existence and implementation of an unconstitutional policy; and (2) the use of a police dog to apprehend fleeing felony suspects is not excessive force per se. Defendant Christensen has moved for summary judgment on the claims against him in his individual capacity claiming that he is entitled to qualified immunity.
The Court has carefully considered the parties' arguments, the relevant case law, and the record as a whole and concludes that the motions for summary judgment should be granted.
Plaintiff Phillip Samarco's claims arise out of an incident that occurred on the morning of July 21, 1995. On that date, Samarco contends that the force used to apprehend and arrest him was excessive under the circumstances, and therefore, violated his Fourth Amendment right to be free from unreasonable seizure. Samarco further contends that the Palm Beach County Sheriff's failure to place constitutional limits on the use of canines to seize suspected felons constituted an unconstitutional policy for which the Sheriff's Office should be held liable under § 1983. Implementation of this allegedly unconstitutional policy caused Samarco to sustain serious and permanent injuries.
Under the Fourth Amendment, the force used by law enforcement officers must be evaluated in light of the objective circumstances present at the time the decision to use force was made. See Graham v. Connor, 490 U.S. 386, 396, 109 S.Ct. 1865, 1872, 104 L.Ed.2d 443 (1989). To assess the reasonableness of the force used, "careful attention to the facts and circumstances of each particular case" is necessary. Id.
The facts and circumstances relevant to Samarco's Fourth Amendment claims, viewed in the light favorable to Samarco, reveal that in the early morning of July 21, 1995, Samarco became involved in a verbal altercation with Marshall Tiara and Barbara Rehman at a Boca Raton residence. The argument escalated when Rehman refused to leave with Samarco. As a result, Tiara chased Samarco off the property. Samarco reacted by throwing a rock in the direction of Tiara and Rehman, striking the house.
While leaving the scene, Samarco backed his truck into two cars parked in the driveway. He then veered his vehicle towards Tiara, who jumped behind a tree, thereby avoiding impact. As he drove off, Samarco ran over two mailboxes that lined the street.
At approximately 8:30 a.m., Rehman contacted the Palm Beach County Sheriff's Office for assistance. Consequently, deputies were dispatched to investigate. Deputy Charles Nicastro was the first officer to arrive at the scene. Rehman and Tiara identified Samarco as the perpetrator of the damage. Based on these witnesses' accounts, Deputy Nicastro formed the belief that Samarco had committed aggravated assault, an act designated as a felony under Florida law. Rehman also informed the deputy that Samarco frequently carried knives.
Through records accessible to the Sheriff's Office, Deputy Nicastro obtained Samarco's address. These records also revealed that, during previous arrests, Samarco had resisted with violence and used narcotics. Based on his criminal history and the witness accounts of the events of July 21, 1995, Samarco was believed to be dangerous.
Deputy Nicastro proceeded to Samarco's address, where he lived with his parents. Samarco's truck was parked in front of the house. Deputy Nicastro, who was later joined by Deputies Christopher Dunn and Scott Thomas, attempted to elicit information from Samarco's parents, who were uncooperative. Absent a warrant, Mrs. Samarco refused to provide information about her son or access to the house. Deputy Nicastro then returned to the scene of the argument.
Samarco, returning to his house from the pool area of the housing complex, spotted the officers' vehicles. Believing he might be in trouble for his altercation with Tiara, Samarco ran.
Shortly thereafter, the Sheriff's Office received information that someone matching Samarco's description was seen running through his housing complex. The caller reported that Samarco came to her house. Although he was denied entry, Samarco commented that he had no intention of going to jail. Additional officers were dispatched to the complex.
Sargent John Morrisey, the highest ranking officer assigned to the scene of the search, stationed twelve deputies at intervals forming a five-block perimeter. This area was cordoned off to contain Samarco. A helicopter conducted an aerial search. Deputy Christensen and his canine partner, Faero, were also summoned. Upon his arrival shortly after 9:30 a.m., Deputy Christensen was given a description of Samarco and told that he was wanted for aggravated assault. A radio transmission had warned the deputies, including Christensen, that Samarco may be armed with a knife. Placing Faero on a thirty-foot lead, Deputy Christensen began to search for Samarco.
While deputies encircled the complex, Samarco engaged in several evasive tactics to avoid capture. Along the way, Samarco obtained a pair of scissors and put them into his back pants pocket. He continued to flee, ultimately hiding in a cluster of bushes within the perimeter. Although Samarco heard the helicopter overhead and knew he was the subject of an intense search, he remained hidden, hoping to outlast the tenacity of his pursuers.
About forty-five minutes from beginning his search, Faero alerted on the bushes that concealed Samarco. Although only six to eight feet from the bushes, Deputy Christensen could not see Samarco. After calling for back up, Deputy Christensen claims that, pursuant to written procedures, he gave Samarco the opportunity to surrender. Specifically, Deputy Christensen states that he twice announced:
Samarco contends that he never heard these announcements. However, he admits that Faero entered, then exited the bushes before reentering to apprehend him. Nevertheless, receiving no response, Faero was taken off his lead and was commanded to bite Samarco. Faero obeyed Deputy Christensen by biting and holding onto Samarco's lower leg.
During the struggle that ensued, Samarco reached for the scissors in his pocket. When Sargent Morrisey arrived shortly thereafter to help subdue Samarco, Deputy Christensen ordered Faero to release his grip. Having received obvious injuries to his leg, Samarco was transported to a local hospital for medical treatment. He was subsequently arrested.
Samarco claims that, consequent to Faero's bite, he sustained muscle tissue loss and permanent nerve damage. He further claims that he posed no threat of danger to Deputy Christensen or the public. Significantly, Samarco alleges that, even after he was captured and subdued, Deputy Christensen encouraged Faero to bite Samarco for fifteen minutes. Based on Samarco's recollection, he contends that the force used to arrest him was excessive, and therefore, unreasonable under the Fourth Amendment. According to Samarco, his injuries are the result of an official policy which failed to place constitutional limits on the use of canine seizures. Samarco seeks relief pursuant to § 1983.
Rule 56(c) of the Federal Rules of Civil Procedure authorizes entry of summary judgment where the pleadings and supporting materials demonstrate there is no genuine issue as to any material fact and that the moving party is entitled to...
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