Woods v. Valentino

• Decision Date: 14 May 2007
• Docket Number: No. 5:05-cv-394-Oc-10GRJ.,5:05-cv-394-Oc-10GRJ.
• Citation: 511 F.Supp.2d 1263
• Parties: Matthew WOODS, Plaintiff, v. Paul VALENTINO, in his individual capacity; Devon Turner, in his individual capacity; Rita Butz, in her individual capacity; William "Bill" Olsen, in his individual capacity; Andrew Williams, Jr., in his individual capacity; Deborah Rodden Williams, or Debbey — in her individual capacity, Defendants.
• Court: U.S. District Court — Middle District of Florida

Page 1263

511 F.Supp.2d 1263

Matthew WOODS, Plaintiff, v. Paul VALENTINO, in his individual capacity; Devon Turner, in his individual capacity; Rita Butz, in her individual capacity; William "Bill" Olsen, in his individual capacity; Andrew Williams, Jr., in his individual capacity; Deborah Rodden Williams, or Debbey — in her individual capacity, Defendants.

No. 5:05-cv-394-Oc-10GRJ.

United States District Court, M.D. Florida, Ocala Division.

May 14, 2007.

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Matthew Woods, Summerfield, FL, pro se.

John A. Makholm, Makholm Law Group, St. Petersburg, FL, Ramon Vazquez, Jeanelle G. Bronson, Walter A. Ketcham, Jr, Grower, Ketcham, Rutherford, Bronson, Eide & Telan, PA, Maitland, FL, John M. Green, Jr., John M. Green, Jr., PA, Ocala, FL, Steven Michael Fahlgren, Steven M. Fahlgren, P.A., Hilliard, FL, for Defendants.

ORDER

WM. TERRELL HODGES, District Judge.

The Plaintiff, proceeding pro se, initiated this action on September 12, 2005, with the filing of a seven count Complaint alleging numerous violations of his constitutional rights under 42 U.S.C. § 1983. Each Defendant has filed a motion for summary judgment on all claims. (Docs.91, 92, 95, 96, 97). The Plaintiff has filed a response in opposition to each motion, along with supporting affidavits and other evidence. (Docs.106, 107, 108, 109, 110, 111, 112). Accordingly, the motions are all ripe for disposition. Upon due consideration, and for the reasons set forth below, the Court finds that the Defendants' motions for summary judgment are due to be granted in part and denied in part.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

The pleadings, memoranda, affidavits and other evidence in the record, construed in the manner most favorable to the Plaintiff, disclose the following details.¹

I. The Parties

The Plaintiff, Matthew Woods, and his mother, Della Woods, lived at 37733 Ridgecrest Lane, Lady Lake, Florida from November 1997 until May or June of 2003. In 1999, Defendants Andrew Williams, Jr., and his wife Deborah Rodden Williams moved next door to the Plaintiffs Lady Lake home. Andrew Williams worked as a Lake County Deputy Sheriff from 1997 until June or July 1999. On July 16, 1999, Andrew Williams began employment as a Deputy Sheriff of the Orange County Sheriffs Office; a position he continues to hold today. Deborah Williams has never been employed by or worked as an agent for either the Lake County or Orange County Sheriffs Offices. Andrew Williams is an African American; Deborah Williams is Caucasian.

At all times relevant to this case, Defendants Paul Valentino, William Olsen, Devon Turner, and Rita Butz, (the "Officer Defendants"), were employed as Law En forcement Officers in the State of Florida. Valentino has been a member of the City of Lady Lake Police Department since June 9, 1993. He was promoted to the rank of Sergeant on September 4, 1997, and promoted to Lieutenant on November 29, 2004. Valentino retired from the police department in June of 2005, and now serves as a Law Enforcement Officer with the City of Wildwood Police Department. Olsen has been employed with the City of Lady Lake Police Department since February 2000. At the time of the events in question, Olsen was assigned to uniformed road patrol and held the position of Field Training Officer. He currently holds the position of Sergeant. Butz has been with the City of Lady Lake Police Department since December 2002, and was an Officer-Trainee on the date in question in 2003. She currently holds the rank of Detective. At all times relevant to this case, Defendant Devon Turner was a Deputy Sheriff with the Lake County Sheriffs Office.

II. The Injunction

Interactions between the Plaintiff and Della Woods and their neighbors Andrew and Deborah Williams deteriorated fairly quickly. Between November 1999 and December 2002, both families engaged in numerous negative and, at times, hostile interactions. On at least four occasions Andrew and Deborah Williams filed police complaints against the Plaintiff and Della Woods, alleging, among other things, that Della Woods would yell obscenities and racial slurs at the Williams family on a regular basis, and that the Plaintiff would drive his car up and down the Williams' private drive at a high rate of speed and flash his headlights into the Williams' bedroom windows throughout the night. The Plaintiff and Della Woods also filed numerous police complaints against the Williams family. The substance of those complaints ranged from a claim that the Williams' family dog was snarling at, Della Woods and barking in an angry manner, to claims that there were "strange cars" driving up to the Williams' home and down the private drive.

On December 17, 2002, Andrew Williams filed a police complaint with the Lake County Sheriffs Office against the Plaintiff and his mother alleging that the Plaintiff shined a high beam flashlight into the Williams' living room and into Andrew Williams' face when he went outside to investigate. The Plaintiff then allegedly began to yell obscenities at Andrew Williams and threatened to attack Mr. Williams. A short time later, Andrew Williams' daughter observed the Plaintiff crouched down on the southeast corner of the Williams' property, holding a flashlight and what appeared to be a black handgun.

The next day, Andrew Williams filed a petition in the Circuit Court of the Fifth Judicial Circuit, In and For Lake County, Florida, requesting an injunction against both Matthew and Della Woods for protection against repeat violence² A temporary injunction was issued on December 18, 2002.³ On December 26, 2002, following notice and a hearing at which both the Plaintiff and Della Woods were present, the court issued a Final Judgment of Injunction.⁴ Among other things, the injunction prohibited Matthew and Della Woods from coming within 100 yards of the Williams' home and from having any contact, directly or indirectly with Andrew or Deborah Williams "in person, by mail, email, fax, telephone, through another person, or in any other manner."⁵

III. The Arrest

On February 23, 2003, Valentino was dispatched to the Plaintiffs home at 9:30 a.m. in response to an harassment complaint filed by Della Woods. Ms. Woods complained that the Williams' dog was barking and lunging at her while she and the Plaintiff were installing a fence on their property.⁶ Valentino left without incident.

Later that same day, the City of Lady Lake Police Department responded to an anonymous phone call complaining that Della Woods was using profane language towards children in the area near her home. Defendants Valentino, Olsen and Butz responded to the call, and made contact with Della Woods at the front door of her home at approximately 5:30 p.m. that afternoon. After speaking with Della Woods without incident, Valentino, Olsen and Butz left the Woods' residence. Deborah Williams then approached the officers and advised them that several signs had been constructed on the Woods' property facing the Williams' home. She did not identify who put the signs on the Woods' property. The signs contained several offensive comments impugning the nature of the Williams' marriage, accusing Andrew Williams of being a "dirty cop," and calling the Williams family a "violent family."⁷

Deborah Williams then informed Valentino, Olsen and Butz that these signs violated the injunction against both the Plaintiff and Della Woods and provided the police officers with a copy of the injunction for their review. The police officers returned to the Woods' property, where they observed four signs containing the offensive comments. The officers went back to the front door of the Woods' home and spoke with the Plaintiff and his mother through the windows. After some discussion, the Plaintiff left his house through a back door and took the signs down. Olsen and Butz contend that while the Plaintiff removed the signs, he and his mother began to yell at Andrew Williams, who was standing on his own property and taking photographs of the signs. Valentino, however, only recalls Della Woods yelling at Mr. Williams,. and the Plaintiff asserts that he did not speak to Mr. Williams at all.

Based on their personal observations and conversations with Andrew and Deborah Williams, Valentino, Olsen and Butz concluded that they had sufficient probable cause to find that both the Plaintiff and Della Woods were in violation of the injunction. However, they also determined that the Williams' home was outside the jurisdiction of the Lady Lake Police Department and requested the assistance of the Lake County Sheriffs Department. Defendant Turner responded to the request, and was apprised of the situation by Valentino, Olsen and Butz. Turner then went up to the front door of the Woods' home and spoke with Della Woods through a window. Valentino and Olsen were standing next to Turner, with Butz standing behind them.

At this point the Parties' accounts diverge sharply. The Officer Defendants all assert that Turner eventually convinced Della Woods to open her door by offering to provide her with copies of Andrew Williams' police statement and the injunction. When Ms. Woods opened her front door, Turner dropped the papers, causing Ms. Woods to bend down to pick them up, and Turner arrested her. The Officer Defendants further contend that when Turner arrested Della Woods, the Plaintiff came charging at the front door in an attempt to prevent his mother's arrest, and tried to slam the door on Turner's arm, which was caught in the front doorway. In doing so, the Plaintiff slammed the door onto Turner's foot. A slight struggle ensued between Turner, Valentino and the Plaintiff, which ended after Valentino sprayed a small amount of pepper spray on the Plaintiff's face.

The Officer Defendants further assert that Butz and Olsen did not participate in the Plaintiffs arrest. They contend that Butz never touched the Plaintiff; although she assisted in...