Dale v. Biegasiewicz

DAVID DALE, Plaintiff, v. DEPUTY SIMON BIEGASIEWICZ, DEPUTY JOSEPH RACZYNSKI,and DEPUTY WARREN LUICK, Defendants.

17-CV-01211F

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK

October 21, 2020

DECISION and ORDER

(consent)

APPEARANCES:

THE LAW OFFICES OF MATTHEW A. ALBERT

Attorneys for Plaintiff

MATTHEW A. ALBERT, of Counsel

2166 Church Road

Darien Center, New York 14040

and

GRIFFIN DAVIS DAULT, of Counsel

388 Evans Street

Williamsville, New York 14221

MICHAEL A. SIRAGUSA

ERIE COUNTY ATTORNEY

Attorney for Defendants

JEREMY C. TOTH

Second Assistant County Attorney, of Counsel

ERIE COUNTY ATTORNEY'S OFFICE

95 Franklin Street

Room 1634

Buffalo, New York 14202

JURISDICTION

On June 4, 2018, the parties to this action consented pursuant to 28 U.S.C. § 636(c) to proceed before the undersigned. (Dkt. 17). The matter is presently before the court on Defendants' motion for summary judgment (Dkt. 27), filed May 8, 2019.

BACKGROUND

Plaintiff David Dale ("Plaintiff"), commenced this action on November 24, 2017, alleging against Defendants, including Erie County Sheriff Deputies Simon Biegasiewicz, Joseph Raczynski, and Warren Luick (together, "Defendants"), two claims for relief originating with a traffic stop on March 5, 2015, including for unreasonable seizure, false arrest, and false imprisonment in violation of the Fourth and Fourteenth Amendments, Complaint ¶¶ 42-59 ("First Claim"), and malicious prosecution in violation of the Fourth and Sixth Amendments, id. ¶¶ 60-77 ("Second Claim"). Plaintiff seeks for relief compensatory and punitive damages, as well as an award of attorney fees. Id. ¶¶ 78-80. Defendants filed an answer on January 18, 2018 (Dkt. 8). Discovery concluded on November 18, 2018 (Dkt. 22).

On May 8, 2019, Defendants filed a motion for summary judgment (Dkt. 27), supported by the attached Supporting Declaration of Second Assistant County Attorney Jeremey C. Toth (Dkt. 27-1) ("Toth Declaration"), Movants' Statement of Material Facts Pursuant to Local Rule 56 (Dkt. 27-2) ("Defendants' Statement of Facts"), exhibits A through G (Dkts. 27-3 through 27-9) ("Defendants' Exh(s). ___"), and Defendants' Memorandum of Law in Support of Their Motion for Summary Judgment (Dkt. 27-10) ("Defendants' Memorandum"). On July 8, 2019, Plaintiff filed the Memorandum of Law in Opposition to Defendants' Summary Judgment Motion Requesting the Dismissal of All Causes of Action Pursuant to Rule 56 of the Federal Rules of Civil Procedure (Dkt. 33) ("Plaintiff's Response"), attaching Plaintiff's Response to Defendants' Statement of Undisputed Facts Pursuant to FRCP 56(a)(2) (Dkt. 33-1) ("Plaintiff's Statement of Facts"), exhibits (Dkts. 33-2 through 33-5), and the Declaration of Matthew A. Albert,Esq. (Dkt. 33-6) ("Albert Declaration"). On July 22, 2019, Defendants filed on July 22, 2019, the Reply Declaration of Second Assistant County Attorney Jeremy C. Toth in Further Support of Defendants' Motion for Summary Judgment (Dkt. 34), attaching the Reply Memorandum in Further Support of Defendants' Motion for Summary Judgment (Dkt. 34-1) ("Defendants' Reply"). Oral argument was deemed unnecessary.

Based on the following, Defendants' motion is GRANTED.

FACTS

At 5:30 in the evening of March 5, 2015, Plaintiff David Dale ("Plaintiff" or "Dale") was traveling in the southbound lane of Bowen Road in the Town of Elma, New York ("Elma"), when he passed a slow-moving vehicle towing a trailer, then continued driving along Bowen Road for another mile, turning right into a gas station located at the northwest corner of the intersection of Bowen Road and Jamison Road. Plaintiff did not stop for gas, but exited the gas station by turning into the westbound lane of Jamison Road, when Plaintiff noticed an Erie County Sheriff vehicle enter the gas station from Bowen Road, with its overhead lights flashing but without its siren sounding. The sheriff's vehicle was driven by Defendant Erie County Deputy Sheriff Simon Biegasiewicz ("Biegasiewicz") who traveled through the gas station's parking lot, exiting onto Jamison Road behind Plaintiff's vehicle which Biegasiewicz pulled over. Biegasiewicz issued Plaintiff four citations for violations of New York Vehicle and Traffic Law ("N.Y. Veh. & Traf. Law"), §§ 1128(a) (unsafely moving from lane), 1144(a) (failure to yield the right of way to an emergency vehicle), 1180(d) (failure to comply with posted maximum speed limits), and 1225 (avoiding intersection or traffic-control device) ("thetraffic citations"). Plaintiff pleaded "not guilty" by mail, requesting a supporting deposition from Biegasiewicz pursuant to New York Criminal Procedure Law ("N.Y. Crim. Pro. Law") § 100.25[2].

On May 5, 2015, Plaintiff appeared in Elma Town Court before Elma Town Justice Joseph A. Sakowski ("Justice Sakowski"), on the traffic citations. Because Biegasiewicz did not provide the requested supporting deposition, Justice Sakowski dismissed the traffic citations. Upon being advised the traffic citations were dismissed for failure to submit the requested supporting deposition, Biegasiewicz re-issued the traffic citations ("the re-issued traffic citations"), mailing them to Plaintiff. On June 11, 2015, Plaintiff again appeared in Elma Town Court before Justice Sakowski on the re-issued citations, which Justice Sakowski dismissed because Biegasiewicz failed to personally serve Plaintiff with them as required by N.Y. Crim. Pro. Law § 100.25[2]. Biegasiewicz was in court when the re-issued traffic citations were dismissed, and before Plaintiff left the courtroom, Biegasiewicz attempted to re-issue the traffic citations ("third set of traffic citations"), which Biegasiewicz intended to personally serve on Plaintiff in the courtroom, but Plaintiff refused to accept the citations and began walking toward the exit. Plaintiff maintains Biegasiewicz attempted to block Plaintiff's egress from the courtroom, but Plaintiff managed to exit and walked outside toward his vehicle with Biegasiewicz following on foot, yelling at Plaintiff and waving his arms in a manner Plaintiff perceived as "wild" and indicating Biegasiewicz was "unhinged." Complaint ¶ 24. Upon reaching his vehicle, Plaintiff drove away without accepting the third set of traffic citations from Biegasiewicz. Because Biegasiewicz's patrol vehicle was not inclose proximity, being parked in a lot behind the Elma Town Court, Biegasiewicz was unable to pursue Plaintiff at that time.

Biegasiewicz maintains that after Plaintiff drove away from Elma Town Court on June 11, 2015, Biegasiewicz notified the sheriff's office's dispatch he was proceeding toward his patrol vehicle and intended to follow Plaintiff. Defendants' Statement of Facts ¶ 10. Upon entering his patrol vehicle, Biegasiewicz drove to the address he had for Plaintiff, i.e., 805 Fillmore Avenue in the City of Buffalo, New York ("the Buffalo address"), but upon reaching the Buffalo address, observed the presence of neither Plaintiff nor his vehicle at what appeared to Biegasiewicz to be an abandoned building. Id. ¶ 11. Biegasiewicz accessed a database, located another address for Plaintiff in Lancaster, New York ("the Lancaster address"), and drove to the Lancaster address where he observed Plaintiff's vehicle outside and Plaintiff inside the house. Id. ¶ 12. Biegasiewicz knocked several times on the door to the house, stating he wanted to issue the summonses, but no one answered the door. Id. Plaintiff explains that he and his wife maintain separate residences, Complaint ¶¶ 3-4, 33, and disputes that Biegasiewicz was ever at the Lancaster address on June 11, 2015. Plaintiff's Statement of Facts ¶¶ 11-12.

After Plaintiff left the Elma Town Court on June 11, 2015, Biegasiewicz telephoned Plaintiff's wife, leaving a message on an answering machine instructing Plaintiff to surrender himself for service of the third set of traffic citations or Plaintiff would be subject to warrant for his arrest. Plaintiff maintains the message was very upsetting to Plaintiff's wife and son and, out of concern for his safety and based on the threatened arrest by Biegasiewicz whom Plaintiff considered "obviously malicious andspiteful," Complaint ¶ 26, Plaintiff contacted the Erie County Sheriff's Department Office of Professional Standards ("OPS") where Plaintiff spoke with Defendant Erie County Sheriff Sergeant Warren J. Luick ("Luick"), and inquired how to pursue a complaint regarding Biegasiewicz's "threatening actions and strange behavior." Id. ¶ 26. Luick responded it was his belief Plaintiff was attempting to avoid answering the traffic citations, advising Plaintiff that Luick had already spoken with Biegasiewicz and did not believe Biegasiewicz had done anything wrong. When Plaintiff indicated he was willing to retrieve the third set of traffic citations from the OPS so as to avoid another confrontation with Biegasiewicz, Luick advised that was not allowed and that Plaintiff should contact Biegasiewicz to arrange for personal service. Luick further advised Plaintiff could file a complaint regarding Biegasiewicz, but that if he did, Luick would prosecute Plaintiff for perjury based on making false statements.

On June 12, 2015, Plaintiff telephoned the Elma Town Court to inquire whether a warrant for his arrest had been issued, but Plaintiff was not able to confirm the existence of any such warrant. Plaintiff then arranged to be served with the third set of traffic citations that afternoon by Biegasiewicz at Elma Town Court with his then attorney, Paul Labaki, Esq. ("Labacki"), and another sheriff's deputy present. Upon arriving at Elma Town Court, Plaintiff was met by Biegasiewicz and Defendant Deputy Sheriff Joseph Raczynski ("Raczynski"). Biegasiewicz told Plaintiff he was under arrest, and made Labacki wait outside while Plaintiff was escorted by Biegasiewicz and Raczynski to another room where they questioned Plaintiff outside Labicki's presence. During this questioning, Plaintiff provided as his address the Buffalo address listed on his...