Seifert v. Rivera

• Decision Date: 19 March 2013
• Docket Number: Civil Action No. 3:10–cv–1326 (VLB).
• Citation: 933 F.Supp.2d 307
• Parties: Linda SEIFERT, Timothy Seifert, and Laura Seifert, Plaintiffs, v. Orlando RIVERA and Kenneth Borer, Defendants.
• Court: U.S. District Court — District of Connecticut

933 F.Supp.2d 307

Linda SEIFERT, Timothy Seifert, and Laura Seifert, Plaintiffs,

v.Orlando RIVERA and Kenneth Borer, Defendants.

Civil Action No. 3:10–cv–1326 (VLB).

United States District Court, D. Connecticut.

March 19, 2013.

Robert M. Berke, Bridgeport, CT, for Plaintiffs.

Cheryl E. Johnson, Law Office of Cheryl E. Johnson, Waterbury, CT, for Defendants.

MEMORANDUM OF DECISION GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT [Dkt. # 20]

VANESSA L. BRYANT, District Judge.

The Plaintiffs Linda Seifert (“Linda”), Timothy Seifert (“Timothy”), and Laura Seifert (“Laura”) bring this action against City of Waterbury Detectives Defendants Orlando Rivera (“Detective Rivera”) and Kenneth Borer (“Detective Borer”), alleging two federal law claims under 42 U.S.C. § 1983 for unlawful entry and seizure, and for false imprisonment, and one state law claim for negligent infliction of emotional distress owing to the their home detention by the Defendants while the officers awaited the issuance of a search warrant for the home. Before the Court is Defendants' motion for summary judgment as to all of the Plaintiffs' claims. For the following reasons, the Court GRANTS the Defendants' motion for summary judgment.

Facts

The following facts are undisputed unless otherwise noted.¹ Defendants Rivera and Borer were Waterbury Police Department Detectives. [Dkt. # 20–1, Local Rule 56(a)(1) Statement, ¶ 1]. On December 18, 2007 Michael Seifert (“Michael”) husband of Plaintiff Linda Seifert and father of Plaintiffs Timothy Seifert and Laura Seifert, confessed to the Waterbury Police Department that he committed numerous bank robberies between the time period of February 2007 and December 2007. [Dkt. # 20–1, Local Rule 56(a)(1) Statement, ¶ 10]. Approximately thirteen of these bank robberies were committed in the State of Connecticut and in the State of New York, including an August 10, 2007 robbery of the TD BankNorth on 1254 W. Main Street in Waterbury. Id. at ¶ 3. Police investigations revealed that all of these bank robberies had a common suspect description and the same suspect vehicles, including a red Ford Expedition, a black Chevy Colorado, and an Oldsmobile Bravada. Id. at ¶ 3.

An investigation conducted by Detective David McKnight of the Waterbury Police Department of the August 10, 2007 robbery revealed that an individual by the name of Michael Seifert matched the physical description of the suspect of the numerous bank robberies, and that Michael Seifert also had access to all of the vehicles utilized by the suspect. Id. at ¶ 3. On December 17, 2007 Detective McKnight contacted the State of Connecticut Department of Motor Vehicles and obtained information for all 1998–2000 red Ford Expeditions registered in the State of Connecticut. [Dkt. # 20–3, Exhibit E, Aff. & Appl. for Search & Seizure Warrant, at 24]. Detective McKnight analyzed the list to determine whether any of the registered owners also had a black Chevy Colorado registered to their address, which led Detective McKnight to Michael Seifert's information. Id. Detective McKnight was able to obtain Michael Seifert's driver's license photo and compared it to the surveillance photos taken during the robberies, and determined the two had very similar characteristics. Id.

On December 18, 2007, the Plaintiffs and Michael Seifert resided at 69 Bonnie Vu Lane, in New Milford, Connecticut. [Dkt. # 20–1, Local Rule 56(a)(1) Statement, ¶¶ 5, 6]. Waterbury Detectives traveled to the Seifert residence to inquire about Michael Seifert's whereabouts. Id. at ¶ 8. When detectives arrived at the Seifert residence they observed a black Oldsmobile Bravada in the driveway and interacted with Laura and Timothy Seifert. [Dkt. # 20–3, Exhibit D, Arrest Warrant Aff., at 20]. After talking to Timothy Seifert, the detectives drove to Michael Seifert's workplace in Windsor and located the red Ford Expedition that matched the description of the witnesses' reports. Id.

At approximately 4:00 p.m. on December 18, 2007, Waterbury Detectives transported Michael Seifert from his place of employment in Windsor to the Waterbury Police Department. [Dkt. # 20–1, Local Rule 56(a)(1) Statement, ¶ 9]. Michael Seifert provided a Voluntary Statement to the Waterbury Police Department confessing to the commission of the string of bank robberies in Connecticut and New York, including the bank robbery in Waterbury, Connecticut on August 10, 2007. Id. at ¶ 10. In his statement, he admitted to using three vehicles that belonged to members of the Seifert household to commit the bank robberies, including the red 1998 Ford Expedition which belonged to him, his son's black 2005 Chevy Colorado and his wife's 2000 Oldsmobile Bravada. Id. at ¶ 11; see also [Dkt. # 20–3, Ex. C, Michael Seifert Voluntary Statement, p. 11–13]. Michael Seifert also admitted that while he committed the bank robberies he wore sunglasses, a baseball cap, a jacket, a green windbreaker, a scarf, a button-down shirt, and a khaki coat. [Dkt. # 20–1, Local Rule 56(a)(1) Statement, ¶ 12]. He further admitted to carrying a black laptop bag that contained a BB gun and bank teller demand notes. Id. at ¶ 12. He stated that the black laptop bag and BB gun used in the robberies were still at his house, along with the clothing he used during the robberies. Id. at ¶ 13. Defendants Detective Rivera and Detective Borer were asked by their supervisor to go to Michael Seifert's residence to stand by pending the issuance and to assist in the execution of a search and seizure warrant. Id. at ¶ 14. At about 5:30 p.m. the same day, Detectives Rivera and Borer left the Waterbury Police Department to travel to the Seifert residence. Id. at ¶ 14.

That same day Timothy Seifert left the Seifert residence at around 5:30 p.m. to pick up his mother, Linda Seifert, in the Oldsmobile Bravada. Id. at ¶ 16. While Timothy Seifert drove to pick up his mother, Laura Seifert was present at the residence alone. Id. at ¶ 17. Laura Seifert heard either the doorbell or knocking at the front door of the Seifert residence and opened the door. Id. at ¶ 18.

The Defendants contend that Laura Seifert opened the front door and was informed by Detectives Rivera and Borer that they were with the Waterbury Police Department and were waiting on a warrant for the house. Id. at ¶ 19. At the time Laura was opening the door, she was holding onto the family dog as the dog was trying to exit the house and when the Detectives shifted their weight, she physically backed up out of the open door space with the dog and moved back into the house allowing the Detectives to enter. Id. at ¶¶ 20–21. After the Detectives entered, Laura shut the front door and the Detectives identified themselves to her and showed her a police badge. Id. at ¶¶ 22–23. Laura then asked the Detectives to sit in the living room until her mother came home. Id. at ¶ 24. The Defendants contend that they believed Laura consented to their entry into and presence at the home.

The Plaintiffs dispute that Laura consented to their entry and contend that the Officers used physical force to enter the residence. [Dkt. # 24–2, Pl.'s Rule 56(a)2 Statement, Disputed Issues of Material Fact, ¶¶ 1–2]. They rely exclusively on Laura's deposition testimony to create genuine disputes of material fact. Laura testified to the follow regarding her interaction with the Detectives:

“Q: What happened?

A: [I]t was either the doorbell or knocking, I'm not sure which, but two men were at my front door and made themselves known that way.

Q: Okay. So I take it then you responded to the door and you opened the door?

A: I did. I opened the door and I had to hold the dog because he was trying to get out, and Detective Borer and Rivera were at my front door. And as opposed to in the afternoon, they were now at the top of the front steps directly in front of me.

Q: Okay. So at that time, you stated that you also were trying to keep the dog, and what kind of dog was it?

A: He is a bearded collie.

Q: And he's a large dog?

A: He's about fifty-five pounds. So he comes just past my knees.

Q: At that time when you opened the door and saw two men standing there, I assume, did they tell you who they were? Did they identify themselves?

A: They said they were with the Waterbury Police Department and that they were waiting on a warrant for the house.

Q: At that point in time, did they show you any badge?

A: Not until they came into the house.

Q: Can you describe for me how that happened? How did they come into the house?

A: I was bent over holding the dog; they're standing in front and above me. And they shifted their weight and came toward me. So I had to back up and they came into the house that way.

Q: And when they came into the house, where were they standing? Is there a foyer?

A: Yeah, in our front entryway.

Q: How about yourself at this time? What were you doing when they actually made it inside the house?

A: Once they came in the house, I shut the door so the dog couldn't get out.

Q: And then what happened?

A: At that time they identified themselves to me. One of them showed me a badge, and I asked them to sit in our living room until my mother came home.

Q: All right. And did they sit in the living room them?

A: They did.” [Dkt. # 24–1, Laura Seifert's Dep., at 14–16].

Laura asserts that when the police initially entered, they told her she could not call anyone. [Dkt. # 24–2, Pl.'s Rule 56(a)2 Statement, Disputed Issues of MaterialFact, ¶ 5]. After asking the Detectives to sit in the living room, Laura went back into the kitchen to prepare dinner while the Detectives sat in the living room. [Dkt. # 24–1, Laura Seifert's Dep., at 16–17]. Laura testified that when she went back to the kitchen that “seemed to make [the Detectives] uncomfortable because you can't see the kitchen from the living room.” Id. Laura further testified that she was “allowed to stay in the kitchen at that time” while the Detectives stayed in the living room. Id. at 17.

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