Sietins v. Joseph
| Decision Date | 06 January 2003 |
| Docket Number | No. CIV.A.01-10881-JGD.,CIV.A.01-10881-JGD. |
| Parties | Juris SIETINS, Plaintiff, v. Charles JOSEPH, et al, Defendants. |
| Court | U.S. District Court — District of Massachusetts |
Damon Scarano, Boston, MA, for Juris Sietins, Plaintiff.
Joseph L. Tehan, Jr., Jonathan M. Silverstein, Kopelman & Paige, P.C., Douglas I. Louison, Louison & Costello, Boston, MA, for Charles R. Joseph, Edward Dunn, Ronald M. Carpenter, Defendants.
This action arises out of the arrest of the plaintiff, Juris Sietins ("Mr.Sietins"), based on a false complaint of larceny made by the defendants, William Wallace ("Mr.Wallace") and Martin Ward ("Mr.Ward"), who were employed by the defendant, Maine Post and Beam of Cape Cod ("Maine Post"). In reliance on this false charge, the defendants Charles Joseph, Edward Dunne, and Ronald Carpenter, Police Officers of the Town of Falmouth (collectively the "Police Defendants"), caused a criminal complaint and arrest warrant to be issued by a Clerk Magistrate of the Falmouth District Court. Mr. Sietins was arrested by members of the Sandwich Police Department, none of whom are parties to this action. The charges were eventually dismissed after Messrs. Wallace and Ward recanted their allegations.
Mr. Sietins filed a six count complaint, alleging that all the defendants are liable for defamation, slander and libel (Count I), intentional infliction of emotional distress (Count II), malicious abuse of process (Count III), violation of plaintiff's constitutional rights under 42 U.S.C. § 1983, and Mass. Gen. Laws ch. 12, §§ 11H and 11I (Count IV), assault and battery (Count V), and false imprisonment (Count VI). The defendants Messrs. Ward and Wallace, and Maine Post (collectively the "Defaulting Defendants") failed to respond to the complaint and have been defaulted.2 The Police Defendants have moved for summary judgment on all counts of the complaint (Docket # 28). For the reasons detailed herein, the motion is ALLOWED.
The Police Defendants filed a statement of undisputed material facts in accordance with Local Rule 56.1, as well as a supporting memorandum. In opposing the motion for summary judgment, Mr. Sietins filed only an affidavit, essentially verifying the complaint's allegations, but no opposing memorandum or statement of undisputed material facts. The material facts which the plaintiff has not controverted shall be deemed admitted pursuant to L.R. 56.1.4
In the Summer of 2000, Mr. Sietins and his work crew were hired as subcontractors to sidewall (shingle) houses being built by Maine Post, a company which builds upscale homes on Cape Cod, Massachusetts. (See Sietins Dep. at 24, 27, 30; see also Compl. ¶ 9). Mr. Ward is a partner in Maine Post, and Mr. Wallace was the Maine Post project manager on the sites relevant to this litigation. (Sietins Dep. at 27-28).
The defendant, Officer Dunne, owned the first home Mr. Sietins sidewalled for Maine Post. (See id. at 25). Although the home was completed nine days late, Mr. Sietins completed his work on Officer Dunne's home without incident. (See id. at 7, 28-31; see also Dunne Aff. ¶ 10). During the time he worked on Officer Dunne's home, Mr. Sietins did not have any confrontations with Officer Dunne or have any untoward interactions with him. (See Sietins Dep. at 7). Rather, Mr. Sietins had friendly discussions with Officer Dunne during the project. (See id.).
While working on Officer Dunne's house, Maine Post informed Mr. Sietins it had a second home for him to sidewall in Falmouth, Massachusetts. (See id. at 30). In connection with this project, Mr. Sietins and Mr. Ward orally agreed that Mr. Sietins would purchase an air compressor on Maine Post's account, deduct the purchase price from the amount that he ultimately billed Maine Post for his work, and keep the compressor. (See id. at 37-38, 40-43, 48). Mr. Sietins and his crew needed the compressor because the second site did not have electricity and Mr. Sietins' work required him to shoot staples into the shingles and wood. (See id. at 36-37). Mr. Ward then informed Builders' Supply of Cape Cod ("Builders' Supply") that Mr. Sietins was authorized to purchase the compressor from it on Maine Post's account. (See id. at 40).
Mr. Sietins purchased the compressor and deducted the cost from the amount he billed Maine Post for his work. (See id. at 37-38, 40, 54). Mr. Sietins and his crew worked on the second house, and had substantially completed the work, when, on August 21, 2000, Mr. Sietins discovered that Maine Post had hired other workers, not affiliated with Mr. Sietins, to help Mr. Sietins' crew complete the job. (See id. at 31-36, 49). Mr. Sietins and Mr. Wallace (the project manager) argued about this, and Mr. Sietins angrily left the site. (See id. at 43-45). Before Mr. Sietins left, Mr. Wallace instructed him to leave the compressor behind, but Mr. Sietins refused. (See id. at 33, 45).
Later that day, Officer Carpenter was dispatched to the second site to investigate a larceny report. (See Carpenter Aff. ¶ 4). Officer Carpenter has been a Falmouth Police Officer since October 1999, and had never met Mr. Sietins. (Id. ¶¶ 1, 18). For his part, Mr. Sietins has testified that he has no reason to suspect that Officer Carpenter bears him any ill will. (See Sietins Dep. at 63, 80). When Officer Carpenter arrived at the job site, Mr. Wallace approached him and introduced himself as Maine Post's project manager. (See Carpenter Aff. ¶ 5). Mr. Wallace informed Officer Carpenter that he had discharged Mr. Sietins from the job site that morning due to the quality and untimeliness of his work, and that he had had a dispute with Mr. Sietins because Mr. Sietins had removed the compressor from the job site after Mr. Wallace had instructed him not to. (See id. ¶¶ 6-8). Mr. Wallace also told Officer Carpenter that he had confirmed that Maine Post owned the compressor and that Mr. Sietins had not paid for it by conferring with both Mr. Ward and Builders' Supply. (See id. ¶ 9). Additionally, Mr. Wallace told Officer Carpenter that Mr. Sietins had disregarded his directive not to take the compressor and had in fact used obscene language towards Mr. Wallace before challenging Mr. Wallace to "have me arrested." (Id. ¶ 8).5 In response to Officer Carpenter's request, Mr. Wallace provided him with invoices indicating that the compressor had been purchased from Builders' Supply by Maine Post. (See Carpenter Aff. ¶ 10, and Ex. 1). Mr. Wallace also completed a Civilian Statement Form memorializing his oral report. (See id. ¶ 10, and Ex. 4).
After Officer Carpenter compiled all the information from Mr. Wallace, he made several attempts to contact Mr. Sietins via telephone to discuss Maine Post's allegations. (See id. ¶ 12). These efforts to locate Mr. Sietins were unsuccessful. (Id.) Based on the information Mr. Wallace had provided, Officer Carpenter determined that probable cause existed to seek a criminal complaint for Mr. Sietins' arrest for larceny of property valued at over $250.00. (See id. ¶ 11).
Officer Carpenter then reviewed the information with his supervising sergeant, Officer Dunne. (See id. ¶ 12). Officer Dunne has been a Falmouth Police Officer since 1982. (Dunne Aff. ¶ 1). Aside from working on Officer Dunne's house, Mr. Sietins has not had any other interactions with Officer Dunne and has no reason to suspect he bears him any ill will. (See Sietins Dep. at 64, 80). Officer Dunne contacted Mr. Ward, who confirmed that the compressor belonged to Maine Post. (See Dunne Aff. ¶ 7). Mr. Ward did not notify Officer Dunne of his agreement with Mr. Sietins that Mr. Sietins could keep the compressor and deduct the cost from his bill to Maine Post. (See id.). After considering the information Officer Carpenter had accumulated, Officer Dunne agreed with Officer Carpenter's conclusion that probable cause existed to seek Mr. Sietins' arrest. (See id. ¶ 8).
Officer Carpenter then prepared a criminal complaint application which he submitted, along with his incident report summarizing his investigation, to Officer Joseph, the Falmouth Police prosecutor who "was responsible for processing complaint and warrant applications in the Falmouth District Court prepared by other police officers." (Joseph Aff. ¶ 2; see also Carpenter Aff. ¶ 14, and Ex. 5). Officer Joseph had been a Falmouth Police Officer for twenty six years before retiring in June 2001. (Joseph Aff. ¶ 1). He, too, had never met Mr. Sietins, and Mr. Sietins has no reason to believe that Officer Joseph bears him any ill will. (See Sietins Dep. at 80). In his role as a police prosecutor, Officer Joseph's name appears on the complaint as the complainant. His only other involvement is in reviewing the application to confirm that the elements of the crime charged are satisfied based on the content of the application. (See Joseph Aff. ¶ 3). The actual determination of whether a complaint issues lies within the discretion of the court clerk. (See Joseph Aff. ¶ 3).
Officer Carpenter had decided to recommend that an arrest warrant be issued for Mr. Sietins, and that he not simply be summoned to voluntarily appear in court. He made that decision because he had been unable to contact Mr. Sietins, because Mr. Sietins did not live in Falmouth, because Officer Carpenter did not otherwise know Mr. Sietins, and because, according to Mr. Wallace, Mr. Sietins had invited his arrest. As a result, Officer Carpenter concluded that Mr. Sietins would likely not appear in court voluntarily if only a summons issued. (See Carpenter Aff. ¶ 15). Officer Joseph processed and filed the application and request for a warrant. (...
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