Wiers v. Barnes, Civil Action No. 95-125 MMS.

• Decision Date: 03 May 1996
• Docket Number: Civil Action No. 95-125 MMS.
• Parties: James WIERS, Tammy Wiers and Elliott Wheatley, Plaintiffs, v. Roby BARNES and Dean Johnson, Defendants.
• Court: U.S. District Court — District of Delaware

925 F. Supp. 1079

James WIERS, Tammy Wiers and Elliott Wheatley, Plaintiffs, v. Roby BARNES and Dean Johnson, Defendants.

Civil Action No. 95-125 MMS.

United States District Court, D. Delaware.

May 3, 1996.

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

Edward C. Gill, Law Office of Edward C. Gill, P.A., Georgetown, Delaware, for plaintiffs.

William W. Erhart, of William W. Erhart, P.A., Wilmington, Delaware, for defendant Barnes.

Kevin P. Maloney, Deputy Attorney General, Department of Justice, Wilmington, Delaware, for defendant Johnson.

OPINION

MURRAY M. SCHWARTZ, Senior District Judge.

I. Introduction

The two motions for summary judgment before the Court have been filed individually by defendant Roby Barnes ("Barnes") and defendant Dean Johnson ("Johnson") (collectively, "defendants"), seeking summary judgment on claims brought by plaintiffs James Wiers ("Weirs"), Tammy Wiers, and Elliott Wheatley ("Wheatley") (collectively, "plaintiffs"). Plaintiffs have brought this action alleging violations of their civil rights, as well as claims for relief under state tort law. Jurisdiction is proper pursuant to 28 U.S.C. § 1331 and 42 U.S.C. § 1983. This Court has supplemental jurisdiction to entertain plaintiffs' state law claims pursuant to 28 U.S.C. § 1367. For the reasons set forth below, defendants' motions for summary judgment will be granted in part and denied in part.

II. Factual Background

The following recitation of facts is derived from the pleadings and appendices; because plaintiffs and defendants dispute a substantial portion of the facts, separate accounts will be noted where relevant. On July 24, 1994, at approximately 12:30 a.m., Wiers was driving his white Corvette north along Route 1 in Sussex County, Delaware. Docket Item ("D.I.") 1, ¶ 6. Plaintiff Wheatley was riding in the vehicle as his passenger. Id. ¶ 7. At that same time, Delaware Park Ranger Barnes, employed by the Delaware Department of Natural Resources, Environmental Control, was on duty in a pickup truck. Id. ¶ 4; D.I. 69 at 3. Barnes was alerted by SUSSCOM, the Sussex County Dispatch Office, that a certain white Corvette was travelling north on Route 1 at a speed in excess of 100 miles per hour. Id. Wiers states he was driving approximately 60-65 miles per hour. D.I. 72 at B-33. Barnes radioed Johnson, a seasonal officer who was patrolling the east side of the south Inlet Park. Johnson, who is also employed by the Delaware Department of Natural Resources, Environmental Control, gave chase upon spotting the Corvette. D.I. 69 at 3. Upon approaching the Indian River Inlet Bridge, Wiers noticed emergency lights behind him, and then pulled over. There is disagreement as to how promptly Wiers pulled over; Johnson alleges that Wiers attempted to camouflage the Corvette in traffic and did not pull over until after "considerable delay." D.I. 66 at 3. Barnes then arrived in her truck and parked it in front of the Corvette. D.I. 69 at 3.

Barnes exited the truck and approached the front of the Corvette, motioning for the occupants to get out of the car. Id. at 3-4. Wiers asserts that Barnes came at the car with her gun drawn and threatened them, an allegation which defendants dispute. D.I. 72 at B-35(a). Both Johnson and Barnes allege that they smelled alcohol on Wiers' breath, and that he exhibited signs of intoxication, including slurred speech and glassy eyes. D.I. 70 at A-16-A-17. Wiers himself admits that both he and Wheatley had at least three drinks that evening. D.I. 72 at B-32(b). At this point, defendants decided to wait for State Police backup and administer a portable breath test to Wiers. D.I. 66 at 4.

While waiting for backup, Weirs was handcuffed and placed in Barnes' pickup truck. D.I. 70 at A-15-16. Wheatley was also ordered out of the Corvette, handcuffed and placed into another patrol vehicle. Id. at A-16. Wiers allegedly began using profanity and came out of the truck towards the defendants, in a threatening fashion, warning them that they "did not know who they were dealing with." D.I. 67 at A-11. Wiers makes no allegation regarding his choice of language, but rather, states that he was merely coming towards them to inquire as to what he had done wrong and what was going on. D.I. 72 at B-39-B-42. Wiers allegedly came out of the patrol vehicle on two or three separate occasions, shouting profanity at Barnes. D.I. 70 at A-18; D.I. 67 at A-11-A-12. On the last occasion, Wiers was ordered back into the truck, an order he refused. D.I. 70 at A-19; D.I. 67 at A-11-A-12. At that point, Johnson and Barnes, with the help of another ranger who had arrived, subdued Wiers and held him on the ground until the State Police arrived. D.I. 70 at A-20. Defendants allege that Wiers was shouting insults at Barnes, expressing his dissatisfaction about being handled by a woman, such as "Get this bitch off my hands. You better tell this bitch she better know who she's dealing with. Get this woman off me." D.I. 67 at A-13. Wiers' version is quite different. He alleges he was "bum rushed" and that the defendants "tackled him," throwing him to the ground, without provocation. D.I. 72 at B-44. Wiers further stated that someone put his or her knee on his back and held him on the ground. Id. at B-46. Wiers alleges that the rangers then began to search the Corvette. Id. at B-40.

When the State Police arrived, field sobriety tests were conducted on Wiers, each of which he failed. D.I. 70 at A-21. The State Police then administered a portable breath test on Wiers, which registered a level of .16. Id. at A-22. Wiers was then arrested for driving under the influence of alcohol and failure to obey the command of a police officer. D.I. 67 at A-19. Wheatley was not formally placed under arrest. D.I. 70 at A-23. Wheatley and Wiers, who were still handcuffed, were then transported to the park office at the Delaware Seashore State Park in separate vehicles. After arriving at the station, Wheatley was uncuffed and told he was free to make a phone call to get a ride home. Id. at A-23. Wheatley chose to remain at the station. Id. at A-24. Meanwhile, Wiers was directed into a conference room, and Barnes made clear to Wiers her intention to administer an intoxilizer test on Wiers. Id. at A-23-A-24. Wiers refused to blow into the intoxilizer, prompting Barnes to ask Wiers to sign an Implied Consent Form, which she allegedly read to him.¹ Id. at A-27-A-28. Barnes also freed Wiers' right hand from the handcuffs to enable him to sign the form. Id. at A-28.

At this point, the parties' versions of the facts dramatically divide. Barnes and Johnson allege that Wiers made a sudden movement towards Barnes. D.I. 67 at A-22. Johnson attempted to restrain Wiers, and the two men then began to "wrestle about the room." D.I. 70 at A-35. Wiers allegedly picked up a chair and attempted to strike Johnson with it. Id. at A-34. Barnes signalled to Johnson that she was going to use her pepper, or "cap-stun" spray, on Wiers, and proceeded to spray him as he continued to fight with the rangers. Id. at A-37. The pepper spray having no apparent effect, Wiers continued to struggle with the rangers, until he collapsed, exhausted, on a chair. Id. at A-38. Revived, Wiers again attacked the rangers, this time, reaching for Barnes' gun, and pushing her against the wall. Id. at A-38-A-39. When the spray finally began to take effect, the rangers opened a door to give Wiers some fresh air. For a third time, Wiers commenced a struggle, and was finally subdued with the assistance of other law enforcement personnel. Id. at A-40.

Wiers, however, alleges that he was asked to read the Implied Consent Form. After defendants freed one of his hands, Wiers stood up for "no special reason," since everyone else was standing. D.I. 72 at B-49. When he stood up, he was pepper sprayed by Barnes. D.I. 72 at B-48-B-49. He was blinded and "thumped" around the room, "to a chair or a table or something else and all over." Id. at B-50. At no point in his testimony did Wiers mention that he commenced a struggle. Wiers alleges he was then sprayed for a second time while he was on the ground, in handcuffs. Id. at B-51. Throughout this incident, he screamed for help. Id. at B-52. He was held on the ground, and the defendants "took turns lunging at his back with their knees." D.I. 71 at 4; D.I. 72 at B-51-B-52. He was then jailed and stripsearched. D.I. 72 at B-54.

At some point subsequent to the events of July 24, 1994, state court proceedings were instituted against Wiers and Wheatley. Wiers was charged with driving under the influence and, while not clear from the record, either resisting arrest or failing to obey the command of a police officer. See D.I. 72 at B-25. Wheatley was later charged with hindering prosecution. Id. at B-24. These matters were tried in the Court of Common Pleas in Sussex County, Delaware. Both Wiers and Wheatley were found not guilty on all charges. Id. at B-25, B-30.

Plaintiffs filed suit in federal court on February 24, 1995, asserting various causes of action. Plaintiffs assert that defendants' wrongful actions constituted (1) a violation of their civil rights under 42 U.S.C. § 1983; (2) a violation of the First, Fourth and Fourteenth Amendments to the United States Constitution,² and Article 1, sections 6 and 7 of the State of Delaware Constitution;³ (3) assault and battery on Wiers; (4) false arrest and unlawful imprisonment; (5) malicious prosecution; and (6) abuse of process. D.I. 1. Plaintiffs seek money damages for injuries suffered, including pain and suffering, emotional harm, permanent physical injuries, loss of reputation, lost wages and humiliation. Id. Tammy Wiers seeks damages for loss of consortium of her husband. All plaintiffs seek punitive damages for the alleged willful, reckless and wanton disregard for their rights and safety. Id.

Defendants Johnson and Barnes have each individually moved for summary judgment. Johnson argues that summary judgment...