Winchester-Sye v. Cnty. of Haw.
| Decision Date | 27 October 2014 |
| Docket Number | Civ. No. 12-00592 ACK-KSC |
| Parties | VANESSA WINCHESTER-SYE, Plaintiff, v. COUNTY OF HAWAII, and DOES 1-10, Defendants. |
| Court | U.S. District Court — District of Hawaii |
For the following reasons, the Court hereby GRANTS the County's Motion for Summary Judgment on all claims.
This action arises from County of Hawaii police officers' alleged forcible restraint and transport of pro se Plaintiff Vanessa Winchester-Sye.
On the morning of November 2, 2010, Plaintiff was at her daughter Zipporah's house. Zipporah states that Plaintiff suffers from mental illness, specifically that she is bipolar, and that on the morning in question she seemed "very hyper," "looked very different," was "acting too crazy," and was speaking in some language other than English that Zipporah could not understand. (Mot., Ex. B (Dep. of Zipporah Alexis Sye) at 6-7, 14.) Plaintiff had a large bruise on her face, which was theresult of hitting her face with a car door a few days prior. (Mot., Ex. E (Dep. of Vanessa Winchester-Sye) at 70.) Plaintiff apparently told Zipporah that she believed herself to be a "holy priestess" and that she could only speak "her ancient language." (Mot., Ex. B at 17-18.) Plaintiff has herself subsequently stated during a deposition that she was on a "vision quest" and that she was speaking a "spiritual language." (Mot., Ex. E at 67-68.)
Zipporah states that her mother "kind of scared me because I guess she was saying like she was coming for like my son, to like, I guess, to be part of this mission of her - I guess her holiness or whatever . . . ." (Mot., Ex. B at 17.) Zipporah further states that her mother "just wasn't acting normal . . . and she seemed kind of . . . aggressive and I was pretty concerned." (Id. at 24.) Apparently Plaintiff attempted to enter Zipporah's house and "grab [her] son," but Zipporah prevented her from entering and called 911. (Id. at 24-25.) Zipporah told the 911 operator that her mother was mentally ill and "needs hospital help, not really police." (Id. at 25.)
Several police officers arrived on the scene and found Plaintiff in the garage area of the home, "ranting and raving in a loud voice in an unknown language" and "waiving her arms." (Mot., Ex. I (Decl. of Officer Belinda Kahiwa) at ¶¶ 6, 9.). Officer Kahiwa states that she tried to calm Plaintiff down by speaking to her in a "calm tone" in English, and repeatedlyrequesting that Plaintiff speak to her in English. (Id. at ¶ 9; Mot., Ex. B. at 26.) Plaintiff continued speaking in an incomprehensible manner. (Mot., Ex. I at ¶ 9; Ex. E at 87.)
At some point while Officer Kahiwa was attempting to communicate with Plaintiff, the paramedics arrived. One of the paramedics for the Hawaii County Fire Department, Michael Brigoli, also attempted to speak with Plaintiff and calm her down. (Mot., Ex. J (Decl. of Michael Brigoli) at ¶ 5.) Plaintiff did not respond, and appeared to be "incapable of interacting with other individuals and the environment around her," and "in her own world and not in reality." (Id. at ¶ 6.) Plaintiff's family members who were present apparently informed Brigoli that Plaintiff was bipolar, that she had recently hit her head, and that her behavior had become more erratic after this injury. (Id. at ¶ 7.) Brigoli states that, in addition to his concerns regarding Plaintiff's bipolar disorder, he was concerned that she may have suffered a traumatic brain injury. (Id.) Brigoli believed that, at the time, Plaintiff posed a danger to herself and others. (Id. at ¶ 6.)
After several minutes of the police officers' and paramedics' attempts at communicating with Plaintiff, Officer Kahiwa apparently attempted to touch Plaintiff's hands "in an effort to communicate with her." (Mot., Ex. I at ¶ 10.) Plaintiff immediately yanked her arm away from Officer Kahiwa and continuedto "rant and rave in an angry manner while waving her arms." (Id.; Mot., Ex. B at 29) When the paramedics attempted to persuade Plaintiff to voluntarily get on a gurney to be transported to an ambulance, Plaintiff ran to her car and got in the driver's seat. (Mot., Ex. L (Decl. of Officer Cacique Melendez) at ¶ 7.) Plaintiff testified at the hearing on the instant Motion that she did so to retrieve her medication and give the officers information regarding her doctors. The police officers and paramedics at the scene believed that Plaintiff was not capable of safely driving a car in her current state, and that she would be a danger to herself and others behind the wheel. (Mot., Ex. I at ¶ 11; Ex. J at ¶ 6; Ex. L at ¶ 7.)
At that point another officer, Officer Cacique Melendez, approached the passenger side of Plaintiff's car and tried to persuade her to exit the vehicle. (Mot., Ex. L at ¶ 8.) Plaintiff refused and picked up a wooden cane, or lomi stick, and started "swinging it at [Officer Melendez] in a combative manner." (Id.) Officer Melendez grabbed the other end of the cane "to prevent [Plaintiff] from injuring [him]," the two struggled over the cane, and the cane eventually broke. (Id.; Mot., Ex. E at 89; Ex. I at ¶¶ 11-12.) Plaintiff admits that she "became belligerent" and "very upset" at that point, and screamed at the officer. (Mot., Ex. E at 89.)
Officer Melendez then moved to the driver's side of thevehicle and he and Officer James Cameros pulled Plaintiff out of the car. (Mot., Ex. L at ¶ 9; Ex. D (Dep. of Lazareth Sye) at 28; Ex. K (Decl. of James Cameros) at ¶ 8.) Officer Melendez states that Plaintiff spat at him and Officer Cameros "at least two or three times." (Mot., Ex. L at ¶ 9.) Plaintiff states that the officers "might have thought I was intentionally spitting on them, but that was not my intent." (Mot., Ex. E at 110.) Plaintiff stated at the hearing that she fell to the ground and her dress was pulled up and she hit her head when the officers pulled her out of her vehicle. Once out of the car, Plaintiff then bent over at the waist with her arms locked in front of her in an effort to prevent the officers from pulling them apart and restraining her. (Id. ¶ 10.) Officer Kahiwa approached the three and tried to pull Plaintiff's arms apart, at which point Plaintiff bit her. (Id.; Mot., Ex. I at ¶¶ 13-14; Ex. J at ¶ 10; Ex. K at ¶ 9.) Officer Kahiwa had trouble getting her arm away from Plaintiff, and was later treated by the paramedics for the bite. (Mot., Ex. I at ¶ 15.) Plaintiff admits she bit an officer, but does not know which one. (Mot., Ex. E at 108.)
Officer Cameros states that, after Plaintiff bit Officer Kahiwa, he "yelled out 'Taser, Taser' to warn all persons including the police that I was going to deploy the Taser." (Mot., Ex. K at ¶ 10.) Officer Melendez states that he heard Officer Cameros give the warning. (Mot., Ex. L at ¶ 11.) OfficerCameros states that he then activated his Taser and shot the darts into Plaintiff's back and shoulder. (Mot., Ex. K at ¶ 10.) The Taser apparently had no effect, however, as Plaintiff continued to resist. (Id.; see also Mot., Ex. J at ¶ 11.) Plaintiff states that she remained standing after Officer Cameros used the Taser for the first time. (Mot., Ex. E at 103-04.)
When the Taser had no effect on Plaintiff, Officer Cameros used it twice more, this time in Drive-Stun mode on Plaintiff's thigh. (Mot., Ex. K at ¶ 10.) Officer Cameros states that the Taser still appeared to have no effect on Plaintiff. (Id.; see also Mot., Ex. J at ¶ 12.) In total, Officer Cameros states that he used the Taser three times on Plaintiff. (Mot., Ex. K at ¶ 10.) Plaintiff states that she was Tasered five times. (Mot., Ex. E at 104.) The last time the Taser was used, Plaintiff became submissive and was restrained, placed in an ambulance, and transported to Hilo Medical Center by the paramedics. (Mot., Ex. J at ¶¶ 12-13; Ex. K at ¶ 10; Ex. L at ¶¶ 12-13.) Mr. Brigoli, the paramedic at the scene, states that Plaintiff remained restrained during the ambulance ride because "she was violent and posed a danger to herself and others." (Mot., Ex. J at ¶ 13.) He further states that she did not appear to have suffered any injuries as a result of the altercation with the police or the use of the Taser. (Id. at ¶ 15.)
On November 1, 2012, Plaintiff filed a Complaint in this Court against the County of Hawaii and Doe Defendants, alleging a number of federal civil rights claims and state law tort claims.
On March 18, 2013, the Court issued its Order Granting Motion to Dismiss, in which the Court dismissed all of the claims in the Complaint, and granted Plaintiff leave to amend.2 (Doc. No. 23.) Plaintiff filed several subsequent amended complaints, the most recent, operative complaint being her Third Amended Complaint, filed on July 18, 2013. (Doc. No. 52.) In her Third Amended Complaint, Plaintiff brings the following claims against the County of Hawaii: federal civil rights claims under 42 U.S.C. § 1983 for (1) excessive force and "deprivation of rights"; and (2) failure to comply with the regulations and practices of the Hawaii Police Department; and state law tort claims for (4) "rule violations" (failure to comply with the rules, regulations, and practices of the Hawaii Police Department); (5) negligent hiring, training, supervising, monitoring, and disciplining; and (6) assault and battery on a theory of respondeat superior.
On June 30, 3014, the County filed its Motion forSummary Judgment on All Claims, along with a concise statement of facts and a number of exhibits. (Doc. Nos. 116 & 117.) Plaintiff did not file an opposition, notwithstanding the Court's efforts to encourage her to do so.3 A hearing on the Motion was held on October 23, 2014. Plaintiff appeared in person and provided testimony in opposition to the Motion.4
Summary judgment is appropriate when a "movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a)...
To continue reading
Request your trial