Caniglia v. Strom

569 F.Supp.3d 113

Edward A. CANIGLIA, Plaintiff,

v.Robert F. STROM as the Finance Director of the City of Cranston; the City of Cranston; Col. Michael J. Winquist in his individual capacity and in his official capacity as Chief of the Cranston Police Department ; Capt. Russell Henry, Jr., in his individual capacity and in his official capacity as an officer of the Cranston Police Department; Major Robert Quirk, in his individual capacity and in his official capacity as an officer of the Cranston Police Department; Sgt. Brandon Barth, in his individual capacity and in his official capacity as an officer of the Cranston Police Department; Officer John Mastrati in his individual capacity and in his official capacity as an officer of the Cranston Police Department; Officer Wayne Russell in his individual capacity and as an officer of the Cranston Police Department; Officer Austin Smith in his individual capacity and in his official capacity as an officer of the Cranston Police Department; and John and Jane Does Nos 1-10, in their individual and official capacities as officers of the Cranston Police Department, Defendants.

No. 1:15-cv-00525-JJM-LDA

United States District Court, D. Rhode Island.

Signed October 27, 2021

Rhiannon S. Huffman, Thomas W. Lyons, III, Strauss, Factor, Laing & Lyons, Providence, RI, for Plaintiff.

Marc DeSisto, Patrick K. Cunningham, Caroline V. Murphy, DeSisto Law LLC, Providence, RI, for Defendants.

ORDER

John J. McConnell, Jr., United States District Chief Judge

Before the Court is Plaintiff Edward A. Caniglia's Motion for Summary Judgment. Plaintiff has moved the Court primarily on the ground that the City of Cranston can and should be held liable on a theory of Monell liability.¹ ECF No. 86-1. Mr. Caniglia has argued extensively that the constitutional violations by the Cranston Police Department are so pervasive that they constitute both written and unwritten official policy.

Plaintiff deposed Colonel Michael Winquist, the highest-ranking officer in the Cranston Police Department, and asked him the very question of whether there was "policy" of constitutional violations within the Department.² Colonel Winquist responded in the negative: "No. We leave it up to the officers on scene, their training, their experience and their discretion. They weigh all the facts they have in front of them and make a reasonable decision whether they should transport that person or not." ECF No 84-4 at 78:17–21.

The fact that Colonel Winquist responded in the negative, despite Plaintiff...