Thornton v. City of Albany

• Decision Date: 28 September 1993
• Docket Number: No. 87-CV-854.,87-CV-854.
• Citation: 831 F. Supp. 970
• Parties: Louise THORNTON, as Administratrix of the Estate of Jessie Lee Davis, deceased, Plaintiff, v. The CITY OF ALBANY, Sergeant David Aloisi, Sergeant Thomas Shields, Officer Robert Ekstrom, Officer Keith Wells and Officer Charles Peters, Defendants.
• Court: U.S. District Court — Northern District of New York

831 F. Supp. 970

Louise THORNTON, as Administratrix of the Estate of Jessie Lee Davis, deceased, Plaintiff, v. The CITY OF ALBANY, Sergeant David Aloisi, Sergeant Thomas Shields, Officer Robert Ekstrom, Officer Keith Wells and Officer Charles Peters, Defendants.

No. 87-CV-854.

United States District Court, N.D. New York.

September 28, 1993.

COPYRIGHT MATERIAL OMITTED

Oliver & Oliver, Albany, NY, for plaintiff; Lewis B. Oliver, of counsel.

Sullivan, Rehfuss, Cunningham & Brennan, Albany, NY, for defendant City of Albany; Stephen J. Rehfuss, of counsel.

Harvey and Harvey, Harvey & Mumford, Albany, NY, for defendant Aloisi; Brian F. Mumford, of counsel.

Roche, Corrigan, McCoy & Bush, Albany, NY, for defendant Shields; Robert P. Roche, of counsel.

Hinman, Straub, Pigors & Manning, Albany, NY, for defendant Ekstrom; Paul Collins, of counsel.

Steven W. Herrick, Albany, NY, for defendant Wells.

Ainsworth, Sullivan, Tracy, Knauf, Warner & Ruslander, Albany, NY, for defendant Peters; Joseph Teresi, of counsel.

MEMORANDUM-DECISION AND ORDER

McCURN, Senior District Judge.

INTRODUCTION

Plaintiff Louise Thornton, in her capacity as the Administratrix of the Estate of Jessie Lee Davis, commenced this suit by filing a complaint against defendants City of Albany, Sergeant David Aloisi, Sergeant Thomas Shields, Officer Robert Ekstrom, Officer Keith Wells, and Officer Charles Peters on July 2, 1987. The events that form the basis for this suit occurred on July 8, 1984, at which time plaintiff's decedent was shot and killed by police officers of the Albany Police Department in his apartment at 60 Clinton Avenue, Albany, New York.

In her complaint, plaintiff alleges that defendants' actions on July 8, 1984, violated Mr. Davis' rights under the Fourth, Fifth, Eighth, Ninth, Tenth, Thirteenth and Fourteenth Amendments of the United States Constitution. More specifically, plaintiff alleges that defendants unreasonably seized Mr. Davis without probable cause and without a warrant, used excessive force to seize and detain him, and conspired to deprive him of his constitutional rights. Plaintiff invokes this court's jurisdiction pursuant to 42 U.S.C. §§ 1983, 1985, 1986, and 1988.

Presently before the court are Officer Peters' and Officer Ekstrom's motions for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. With respect to plaintiff's conspiracy claims, both Officer Peters and Officer Ekstrom assert that there is no evidence that they entered into an agreement to violate Mr. Davis' constitutional rights. Furthermore, as to plaintiff's claims that defendants unlawfully seized Mr. Davis and used excessive force in carrying out this seizure, both officers contend that these claims should be dismissed as to them because they are shielded from suit for their actions by the doctrine of qualified immunity. Finally, both officers aver that plaintiff's claim for punitive damages should be dismissed because it is clear that they did not act with evil motive or intent. Plaintiff opposes these motions in their entirety.

BACKGROUND

On July 8, 1984, officers of the Albany Police Department shot and killed Jessie Lee Davis in his apartment. According to plaintiff, at the time of his death, Mr. Davis had a history of mental illness. See Plaintiff's Memorandum of Law at 1. The events culminating in the shooting of Mr. Davis have been the subject of lengthy depositions of each of the defendant police officers.¹ As a result of its review of these depositions, the court has been able to compile the following facts about the incidents that occurred on July 8, 1984. Where differences in the officers' testimony is significant, the court has noted them.

At approximately 10:30 a.m. on July 8, 1984, Sergeant Aloisi and Officers Peters and Ekstrom responded to a Code 40 "Man Berserk" at 60 Clinton Avenue, Albany, New York. When Officer Ekstrom arrived, Sergeant Aloisi was talking to Mr. Paul Leahy and Ms. Velma Youmans.² See Ekstrom Deposition at 11; Aloisi Deposition at 29-30. Officer Ekstrom noticed broken glass on the sidewalk and porch area. See Ekstrom Deposition at 13. Shortly after Officer Ekstrom's arrival on the scene, Sergeant Aloisi told him that he had everything under control and that Officer Ekstrom could go back on patrol. See id. at 10, 12.

Ms. Velma Youmans complained to the police that the man on the third floor had been breaking windows out, and she wanted the police to go up and do something about it. See Peters Deposition at 14. Officer Peters looked up at the third floor and noticed that a window was broken. See id. at 15. He also noticed broken glass on the sidewalk. See id. at 16; Aloisi Deposition at 36. Ms. Youmans advised Sergeant Aloisi that there had been complaints about Mr. Davis during the preceding two weeks. See Aloisi Deposition at 31. She also expressed concern about the glass falling on her porch. See id. Sergeant Aloisi and Officer Peters went to the third floor and knocked on the door, but received no response. See Peters Deposition at 14; Aloisi Deposition at 32. Upon their return, they advised Ms. Youmans that no one appeared to be home. See Peters Deposition at 14. The officers then left the scene. See id.; Aloisi Deposition at 32.

Approximately one hour later, the police responded to a second Code 40 at the same address. See Peters Deposition at 26; Aloisi Deposition at 37. This time, Officer Ekstrom was the first one to arrive at the scene. See Ekstrom Deposition at 16. He exited his vehicle and crossed the street to talk with a man who was yelling at him. See id. That individual, Gary Becker, complained that Mr. Davis was hanging out of his window naked and throwing things out the window and that the police had to do something. See id. at 17. Officer Ekstrom looked across the street and noticed a broken window on the third floor. See id. at 18. He then asked Mr. Becker if he knew if Mr. Davis had any family members in the area because it would be easier to have the family talk to Mr. Davis if he had a problem. See id. at 20. Mr. Becker stated that he was not aware of any such family members. See id.

Officer Peters was the next to arrive. See Ekstrom Deposition at 23. He and Officer Ekstrom talked to Mr. Leahy who told Officer Ekstrom that he had called the Capital District Psychiatric Center ("CDPC") numerous times and that CDPC had told him they were supposed to send a doctor over to check on Mr. Davis but never did. See Ekstrom Deposition at 24. While Officers Peters and Ekstrom were talking with Mr. Leahy, Sergeant Aloisi was talking to Ms. Lanier.³See id. at 33. Officer Ekstrom heard Ms. Lanier scream that her children's lives were in danger with stuff falling out of Mr. Davis' window and that the police had to do something to control Mr. Davis. See id. at 34.

After speaking with some neighbors, Sergeant Aloisi said "lets go inside." See Ekstrom Deposition at 43. He was accompanied by Sergeant Shields and Officers Peters and Ekstrom. See id. The four of them entered the building and proceeded to the second floor landing where they saw bricks on the landing and the stairway. See id.; Peters Deposition at 33; Aloisi Deposition at 69-70. Sergeant Aloisi testified that he had not seen either the glass or the bricks at the time he had responded to the earlier call. See Aloisi Deposition at 69-70. Officer Peters also noticed that a hallway window was broken on the third floor stairway. See Peters Deposition at 33. While they were on the second floor landing, Sergeant Aloisi identified himself as a police officer and asked Mr. Davis to come down and talk. See Ekstrom Deposition at 45-46; Peters Deposition at 46-47; Aloisi Deposition at 74-75. Mr. Davis replied that he could not come down because he was naked and they had taken his clothes. See Ekstrom Deposition at 46; Peters Deposition at 46; Shields Deposition at 5. Sergeant Aloisi then told Mr. Davis to put on some clothes and come downstairs to talk. See Ekstrom Deposition at 46; Peters Deposition at 46, 49. The officers then heard Mr. Davis go into his apartment and shut and lock the door. See Peters Deposition at 49-50; Aloisi Deposition at 75-76.

Sergeant Aloisi then sent Officer Ekstrom downstairs to see if anyone knew anything about Mr. Davis' family so that the police could contact somebody to talk to him.⁴ See Ekstrom Deposition at 49. Officer Ekstrom knocked on the door of the first floor apartment. See id. at 50. From the porch, Ms. Lanier told Officer Ekstrom not to bother because the man in that apartment was always intoxicated and probably would not answer. See id. Officer Ekstrom then went to the porch and asked Ms. Lanier who lived in the basement. See Ekstrom Deposition at 50. He also asked Mr. Leahy if he knew anything about Mr. Davis' family. See id. Mr. Leahy responded no. See id. Ms. Lanier said she knew that Mr. Davis had a sister whom she thought might live in Arbor Hill but she was not sure. See id. Officer Ekstrom returned to the second floor landing and reported this information to Sergeant Aloisi. See id. at 51, 68; Aloisi Deposition at 83. At this point, the four policemen proceeded to the third floor landing. See Ekstrom Deposition at 68-69. While the officers were on the third floor landing, Officer Peters heard what sounded like someone banging on metal or pots and pans. See Peters Deposition at 50. At the same time, Officer Ekstrom heard Mr. Davis ranting and raving, pounding on pots and pans, talking about the devil and also heard glass breaking. See Ekstrom Deposition at 74-75; Aloisi Deposition at 81-82.

While the officers stood on the third floor landing, Sergeants Aloisi and Shields discussed the fact that because there was no family to be found they needed to enter Mr. Davis' apartment for his safety as well as the safety of the people on the street. See Ekstrom Deposition at 73-74; Aloisi Deposition at 85-86. Sergeant Aloisi knocked on Mr. Davis' apartment door. See ...