Briggs v. Cnty. of Monroe

293 F.Supp.3d 379

Eunice A. BRIGGS, as Administratrix of the Estate of Richard E, Briggs, Toni A. Briggs, Co–Administratrix of the Estate of Richard E. Briggs, Plaintiffs,

v.The COUNTY OF MONROE, The Monroe County Sheriff's Office, and Sheriff Patrick O'Flynn, Defendants.

6:09–CV–06147 EAW

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

Signed March 16, 2018

Jeffrey Wicks, Jeffrey Wicks, PLLC, Rochester, NY, for Plaintiffs.

Matthew D. Brown, Michele Romance Crain, Monroe County Department of Law, Rochester, NY, for Defendants.

DECISION AND ORDER

ELIZABETH A. WOLFORD, United States District Judge

INTRODUCTION

Plaintiffs Eunice and Toni Briggs (collectively, "Plaintiffs"), co-administratrices of the estate of the decedent, Richard Briggs ("Decedent"), commenced this action against Defendants the County of Monroe (the "County"), the Monroe County Sheriff's Office ("MCSO"), and Sheriff Patrick O'Flynn ("Sheriff O'Flynn") (collectively, "Defendants") for damages arising from Decedent's tragic suicide after a four-hour standoff with law enforcement.¹

(Dkt. 1; Dkt. 2). Plaintiffs bring claims arising under state law as well as 42 U.S.C. § 1983. (Dkt. 2). Presently before the Court is Defendants' motion for summary judgment. (Dkt. 55). For the reasons that follow, Defendants' motion is granted with respect to Plaintiffs' § 1983 claims, and the Court declines to exercise supplemental jurisdiction over Plaintiffs' state law claims.

BACKGROUND

I. Factual Background

The summary judgment evidence shows the following facts, which are undisputed unless otherwise noted.

On March 30, 2008, Decedent tragically killed himself after a standoff with police. (Dkt. 55–1 at ¶ 1; Dkt. 64–2 at ¶ 1). At the time of his suicide, Decedent was snorting OxyContin daily. (Dkt. 55–1 at ¶ 17; Dkt. 64–2 at ¶ 17). Decedent was also diagnosed with bipolar disorder, and he suffered from panic attacks. (Dkt. 55–1 at ¶¶ 12, 14; Dkt. 64–2 at ¶¶ 12, 14). At the time of his death, Decedent was not taking his medications for his bipolar disorder. (Dkt. 55–1 at ¶ 13; Dkt. 64–2 at ¶ 13). Leading up to his suicide, Decedent was depressed and was spiraling out of control. (Dkt. 55–1 at ¶ 18; Dkt. 64–2 at ¶ 18). During a domestic dispute between Decedent and Plaintiff Toni Briggs, Decedent's wife, about his drug use, Toni asked Decedent to leave. (Dkt. 55–1 at ¶¶ 20–23; Dkt. 64–2 at ¶¶ 20–23). Decedent stated, "If that's the way you feel about it, you'll never have to worry about me again." (Dkt. 55–1 at ¶ 24; Dkt. 64–2 at ¶ 24). Decedent grabbed and loaded his shotgun, stating, "You wanted this, this is what you want." (Dkt. 55–1 at ¶ 25; Dkt. 64–2 at ¶ 25). Decedent then went into a rage and began loading multiple guns; Toni believed that Decedent was going to shoot himself. (Dkt. 55–1 at ¶¶ 26–27; Dkt. 64–2 at ¶¶ 26–27). Decedent told Toni, "Get out of here; you don't want to see this." (Dkt. 55–1 at ¶ 28; Dkt. 64–2 at ¶ 28).

At approximately 6:40 PM, Toni called 911 because she was afraid that Decedent would kill himself. (Dkt. 55–1 at ¶¶ 29–30; Dkt. 64–2 at ¶¶ 29–30). She informed the operator that Decedent was "in the bedroom with a gun—says it's a long gun [and] cocked"; the operator could hear Decedent yelling in the background. (Dkt. 55–1 at ¶ 31; Dkt. 64–2 at ¶ 31). At 6:43 PM, the operator heard Decedent "yelling that he's gonna shoot the cops if they come." (Dkt. 55–1 at ¶ 33; Dkt. 64–2 at ¶ 33). Decedent pointed a gun at his throat, and then at Toni, saying, "This is it for both of us." (Dkt. 55–1 at ¶¶ 36–38; Dkt. 64–2 at ¶¶36–38). Before Toni left the apartment, Decedent was pulling more guns out of the closet and loading them. (Dkt. 55–1 at ¶¶ 39–40; Dkt. 64–2 at ¶¶ 39–40).

Ogden police officers and a Monroe County sergeant, Sgt. Bums, and sheriff's deputy, Deputy McKenzie, were dispatched to the scene. (Dkt. 55–1 at ¶¶ 41–44; Dkt. 64–2 at ¶¶ 41–44). Upon their arrival, Plaintiff Toni Briggs said to law enforcement, "You have to help my husband, he's suicidal, he's got [bipolar], mental issues," and informed them that Decedent had firearms. (Dkt. 55–1 at ¶¶ 49–50; Dkt. 64–2 at ¶¶ 49–50). Toni informed the officers that Decedent had a drug problem and was snorting OxyContin. (Dkt. 55–1 at ¶ 52; Dkt. 64–2 at ¶ 52). Sgt. Burns requested activation of the MCSO SWAT team and the Hostage Rescue Team ("HRT"). (Dkt. 55–1 at ¶ 55–56; Dkt. 64–2 at ¶ 55–56). The HRT's mission is to establish communication and negotiate a peaceful resolution of the situation. (Dkt. 55–1 at ¶ 84; Dkt. 64–2 at ¶ 84). Sgt. Burns also attempted to call out to Decedent about six times, yelling, "Police Department, we'd like to talk to you," but Decedent did not respond. (Dkt. 55–1 at ¶ 58; Dkt. 64–2 at ¶ 58).

The officers remained in the apartment building on the inner perimeter until relieved by the SWAT team to ensure that Decedent remained in his apartment. (Dkt. 55–1 at ¶¶ 59–60; Dkt. 64–2 at ¶¶ 59–60). On at least two occasions, the officers could hear Decedent loading firearms through the apartment door and could hear Decedent on the telephone sounding upset. (Dkt. 55–1 at ¶¶ 62–63; Dkt. 64–2 at ¶¶ 62–63). The officers evacuated the building because of public safety concerns, but they maintained the inner perimeter during the evacuation to ensure that Decedent stayed in his apartment. (Dkt. 55–1 at ¶¶ 64–66; Dkt. 64–2 at ¶¶ 64–66). SWAT members then replaced the officers on the inner perimeter of the apartment building, and other law enforcement officers established an outer perimeter. (Dkt. 55–1 at ¶¶ 71–72; Dkt. 64–2 at ¶¶ 71–72). Lt. Fowler, the SWAT Commander on the day of the incident, arrived on the scene at about 7:02 PM. (Dkt. 55–1 at ¶ 77; Dkt. 64–2 at ¶ 77). The SWAT Commander has sole responsibility for tactical command at any incident where SWAT is summoned. (Dkt. 55–1 at ¶ 78; Dkt. 64–2 at ¶ 78). At the scene of an incident, if different units are deployed to the scene, the units report to their own commanders, and each unit commander reports to the incident commander. (Dkt. 55–1 at ¶ 87; Dkt. 64–2 at ¶ 87).

The HRT also arrived, readied the rescue phone, and gave it to the SWAT team to deliver. (Dkt. 55–1 at ¶¶ 96, 107–09; Dkt. 64–2 at ¶¶ 96, 107–09). HRT operating procedures provide that "suspect(s) should be isolated as quickly as possible," which includes "[i]solating or diverting the phone service, including ... hard line phones, cell phones, cable modems, and cable phone access." (Dkt. 55–1 at ¶ 113; Dkt. 64–2 at ¶ 113). It is common practice to isolate the individual's telephone line so that only law enforcement can speak with the individual. (Dkt. 55–1 at ¶ 116; Dkt. 64–2 at ¶ 116). HRT sought to isolate Decedent's phone line but was unsuccessful. (Dkt. 55–1 at ¶ 117; Dkt. 64–2 at ¶ 117). As a result. Decedent's family members who had arrived on the scene continued to speak with Decedent by telephone. (Dkt. 55–1 at ¶¶ 99, 117; Dkt. 64–2 at ¶¶ 99, 117).

Various family members, including Plaintiff Eunice Briggs (Decedent's mother), Decedent's sister, Lori Briggs, and Decedent's father, arrived at the complex shortly after 7:00 PM. (Dkt. 55–1 at ¶ 151; Dkt. 64–2 at ¶ 151). Law enforcement sequestered family members in a vacant apartment, out of the view of Decedent's apartment, and had them remain there or in its immediate vicinity. (Dkt. 55–1 at ¶ 153; Dkt. 64–2 at ¶ 153). Two MCSO deputies remained with the family. (Dkt. 55–1 at ¶ 154; Dkt. 64–2 at ¶ 154). Law enforcement would not allow Lori Briggs to go to Decedent's apartment. (Dkt. 55–1 at ¶ 155; Dkt. 64–2 at ¶ 155). While Lori was sequestered in the vacant apartment, Decedent called her cell phone and asked to speak with Plaintiff Toni Briggs, but law enforcement would not let Toni speak with Decedent. (Dkt. 55–1 at ¶¶ 156–57; Dkt. 64–2 at ¶¶ 156–57). Law enforcement warned family members that if they continued to contact Decedent via telephone, Decedent's phone line would be terminated. (Dkt. 55–1 at ¶ 159; Dkt. 64–2 at ¶ 159). Later, Lori telephoned Decedent again, and a hostage negotiator "yelled at" her, saying she should not be speaking with him. (Dkt. 55–1 at ¶ 161; Dkt. 64–2 at ¶ 161).

At about 8:42 PM, law enforcement terminated Decedent's telephone line. (Dkt. 55–1 at ¶¶ 118–122; Dkt. 64–2 at ¶¶ 118–122). To communicate with Decedent after his phone line was terminated, HRT and the SWAT team decided to use a rescue phone, which is a 1–foot by 1–foot box with a sign on it that reads "telephone inside, pick it up" and has a buzzer. (Dkt. 55–1 at ¶¶ 123, 125; Dkt. 64–2 at ¶¶ 123, 125). The SWAT team delivered the rescue phone to Decedent's apartment by lowering it from the roof to Decedent's balcony. (Dkt. 55–1 at ¶ 131; Dkt. 64–2 at ¶ 131). After delivering the rescue phone, law enforcement attempted to contact Decedent, but Decedent never retrieved the rescue phone or spoke with law enforcement. (Dkt. 55–1 at ¶ 136; Dkt. 64–2 at ¶ 136). At 10:50 PM, SWAT members made several announcements, using the public address system, for Decedent to retrieve the phone. (Dkt. 55–1 at ¶ 137; Dkt. 64–2 at ¶ 137). When the announcements were made, Decedent turned up the music in his apartment. (Dkt. 55–1 at ¶ 138; Dkt. 64–2 at ¶ 138).

At 10:53 PM, after attempts to contact Decedent had failed, law enforcement heard a gunshot. (Dkt. 55–1 at ¶ 141; Dkt. 64–2 at ¶ 141). At about 11:01 PM, after further attempts to get Decedent to retrieve the rescue phone, law enforcement deployed CTS gas rounds into Decedent's apartment, and then waited 12 minutes before entering. (Dkt. 55–1 at ¶¶ 143–47; Dkt. 64–2 at ¶¶ 143–47). Upon entry, the SWAT team discovered that Decedent was dead from a self-inflicted gunshot wound. (Dkt. 55–1 at ¶ 148; Dkt. 64–2 at ¶ 148).

Plaintiffs were not in the apartment when Decedent shot himself and did not observe Decedent shoot himself. (Dkt. 55–1 at ¶ 170). Plaintiff Toni Briggs did not witness or hear the rescue phone delivery, Decedent's suicidal gunshot, or the law enforcement actions that...