Scozzari v. Miedzianowski

• Decision Date: 04 January 2012
• Docket Number: No. 10-1964,10-1964
• Parties: STEVEN SCOZZARI, Representative of the estate of William Christi Scozzari, Plaintiff-Appellee, v. DWAYNE MIEDZIANOWSKI and JEREMY McGRAW, Defendants-Appellants, and CITY OF CLARE and KEN HIBL, Defendants.
• Court: U.S. Court of Appeals — Sixth Circuit

STEVEN SCOZZARI, Representative of the estate of William Christi Scozzari, Plaintiff-Appellee, v. DWAYNE MIEDZIANOWSKI and JEREMY McGRAW, Defendants-Appellants, and CITY OF CLARE and KEN HIBL, Defendants.

No. 10-1964

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

Dated: January 4, 2012

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION

File Name: 12a0004n.06

ON APPEAL FROM THE UNITED STATES DISTRICT

COURT FOR THE EASTERN DISTRICT OF MICHIGAN

OPINION

Before: McKEAGUE and WHITE, Circuit Judges; ZOUHARY, District Judge.^*

HELENE N. WHITE, Circuit Judge. In this civil-rights action under 42 U.S.C. § 1983, Defendants Dwayne Miedzianowski and Jeremy McGraw (collectively, "Defendants" or "the Officers") appeal the district court's denial of their motion for summary judgment on qualified-immunity grounds. We AFFIRM.

I. BACKGROUND

Factual Background

Plaintiff is the brother of William Scozzari, who was shot and killed in front of his cabin at the Lone Pine Motel in Clare, Michigan, in September 2007.¹ Scozzari was a rather small man (5'3", 133 lbs.) of 51 years when he died. According to Plaintiff, Scozzari was hard of hearing and was blind in one eye, with diminished sight in the other. He frequently wore an eye patch, causing at least one neighbor to assume that he was blind in one eye. Scozzari was wearing a patch when he was shot, but it is unclear whether it covered his eye or simply pressed against his forehead. Plaintiff also alleges that Scozzari had a bad hip. The record contains no medical evidence to corroborate this assertion, but one neighbor observed that Scozzari walked with a limp and usually with a cane; another testified that Scozzari sometimes walked at a fair pace and sometimes just shuffled along.

The Lone Pine Motel is a collection of two-story buildings and stand-alone cabins offering overnight stays and extended lodging. Before his death, Scozzari had been living alone for several years in Cabin 17. The motel owner, Timothy Rynearson, had been Clare's Chief of Police until 2005. Rynearson described Scozzari as a short, disheveled man, a loner who "stuck out like a sore thumb" in this small town, and who typically wore unlaced boots and a winter jacket in the summer. Scozzari kept to himself, seldom had visitors and was generally averse to people; he preferred to go out at night, when there was no one else around. Scozzari was also a "pack rat" who loved to collectknives and hatchets, which he displayed throughout his cabin. However, Rynearson never saw Scozzari with a weapon outside his cabin.

Plaintiff asserts that Scozzari was diagnosed with schizophrenia in his mid twenties and had been hospitalized due to his illness in the past; however, he was not taking medication when these events took place. Neighbors described Scozzari as mentally challenged and somewhat of a hermit. A neighbor recalled that once, in response to a friendly wave, Scozzari gave him "this look like he was growling or snarling or whatever and just looked away. The neighbor assumed from Scozzari's demeanor that he had some kind of mental disturbance. Rynearson testified that Scozzari communicated mostly by grunting, but added that he was not aware of any instance in which Scozzari argued with, yelled at, or threatened anyone. Rynearson recalled that everyone on the police force knew Scozzari when Rynearson was chief and that Scozzari was never in any trouble.

Around 11 P.M. on September 18, 2007, Police Chief Dwayne Miedzianowski responded to a report that gun shots had been heard in a park adjacent to the Lone Pine Motel. While investigating, he noticed a man later identified as Scozzari coming around a nearby building and walking toward the motel. Scozzari carried what appeared to be a stick or a cane on his shoulder, a backpack² and a flashlight, which he briefly directed at Miedzianowski's vehicle. Miedzianowski radioed Officer Jeremy McGraw for assistance and stepped out of his car to speak with Scozzari. Miedzianowski asked Scozzari to drop the stick and to come closer, but Scozzari responded, "Fuckyou, boy" and continued walking. This reaction caused Miedzianowski to wonder if Scozzari was the armed person who had fired gunshots in the park.

With Miedzianowski following at a distance, Scozzari proceeded toward the motel, looking back over his shoulder from time to time. Miedzianowski ordered, "Stop, police, put the stick down," but Scozzari again responded "Fuck you," and continued into the motel parking lot. Miedzianowski approached within ten feet of Scozzari and repeated his order; this time, Scozzari turned around, said "Fuck you" and pulled the stick back in his left hand, as if intending to hit the officer. Miedzianowski backed up, took a position behind a nearby truck and yelled at Scozzari to drop his weapon. Scozzari lowered the stick, but again yelled "Fuck you" and advanced toward Miedzianowski, who responded with pepper spray. Scozzari yelled, "You fucking want [sic]," reached into his waistband and pulled out what Miedzianowski took to be a knife. Drawing his service weapon, Miedzianowski yelled back for Scozzari to put the knife away. Scozzari complied slowly, turned and walked into Cabin 17, closing the door behind him. At this time, Miedzianowski believed that he had been assaulted.³

Officer McGraw arrived at the motel a few minutes later. In his police report, McGraw noted:

The Chief informed me that he had just dealt with a male that had pulled out a possible cane and threatened him. . . . [W]hen he spoke with the male he pulled out what appeared to be a cane, walked after him waving it and stating, "Do you want togo boy?" or something to that extent. The Chief . . . took cover behind a vehicle to protect himself and the male walked away and entered cabin 17. The Chief stated he believed that the male possibly had some mental issues.

McGraw did not mention that Scozzari pulled a knife on Miedzianowski, or that Miedzianowski pepper sprayed and drew his gun on Scozzari.

The Officers returned to Cabin 17; by their own account, they were now intent on arresting Scozzari. They positioned themselves on either side of the cabin entrance, McGraw to the right, within arm's reach of the door, Miedzianowski further away on the left. McGraw drew his taser and struck the door loudly several times, shouting: "Police, open the door." When the door opened, McGraw saw Scozzari a foot away from him, arms raised above his shoulders, with a military knife in one hand and a hatchet in the other. Both blades were sheathed, but Scozzari seemed to be fumbling with his hands to unsheathe the knife. Scozzari took a step toward McGraw, who backed up and fired the taser, apparently without effect; Scozzari turned back into the cabin and shut the door. Thinking he had gone to get more weapons, the Officers tried to kick open the door. The door opened, either under their blows or from the inside, and Scozzari appeared in the doorway, still wielding the knife and hatchet and still fumbling with the sheathes. The Officers backed up a few steps and ordered Scozzari to drop his weapons, but he yelled back: "You drop your weapons." Leaving the cabin threshold, Scozzari took a few steps onto the sidewalk in McGraw's direction. Fearing for his life, McGraw stepped back and tripped on a wooden barrier 12 to 18 inches high, between the sidewalk and the adjacent parking lot. McGraw landed on his back and tried to scurry backward, stand up and reach for his gun all at once; meanwhile, Scozzari continued to advance, stepping over the barrier with his hatchet now unsheathed. When Scozzari was within two to fourfeet of McGraw, Miedzianowski fired four shots at Scozzari from about ten feet away. Scozzari appeared to stop and turn toward Miedzianowski; at that moment, McGraw drew his weapon and fired seven rounds. Scozzari turned toward his cabin, took two or three steps and fell face down over the wooden barrier, still clutching the knife and hatchet in his hands.

Several motel tenants witnessed the incident; however, their accounts sharply contradict Defendants'. Jason Miller, the person who initially reported shots fired near the motel, testified that he was standing in the parking lot when he heard voices yelling "Get away, kid," "knife," and other unintelligible words. Miller observed Miedzianowski running across the motel grounds and saw McGraw arrive shortly thereafter. The Officers conferred together briefly and, as they walked away, Miller heard Miedzianowski say, "He's going to jail tonight," and something that sounded like "mental problems" or "mental issues." During the actual shooting, Miller stood facing Scozzari's cabin, about 40 feet away from the doorstep. He watched the Officers take positions on either side of the cabin, bang loudly on the door and yell, "Put the knife down" a dozen times. The door began to open and Miller observed Miedzianowski back away about ten feet; however, he lost sight of McGraw. The Officers resumed shouting, "Put the knife down" and the door stopped moving, but remained narrowly ajar. Miller heard a popping sound and saw a blue spark characteristic of a taser being fired, and the cabin door slammed shut. When it reopened, Miller heard a new voice say: "Put your gun down," or "Put gun down. Gun down." A male silhouette appeared in the doorway with his left arm extended in front of his body, holding something six to seven inches long. There was a volley of gunfire and Miller saw the man collapse. McGraw reentered Miller's field of vision as the Officers approached the body.

Wanetta Gibbons, a long-term motel resident, awoke to the sound of yelling voices. From her window, Gibbons had a sideways view of the front of Cabin 17. She observed two policemen facing the cabin and yelling "Drop the knife" at Scozzari, who was standing on the sidewalk in front his door. Scozzari had his arm extended in front of him, but Gibbons did not see anything in his hand. Scozzari took one or two steps forward, stepping over the...