Lafrenier v. Kinirey

478 F.Supp.2d 126

Timothy L. LaFRENIER, Plaintiff, v. Mary Anne KINIREY, Daniel Morrison, and the Town of Townsend, Defendants.

Civil Action No. 04-40114-FDS.

United States District Court, D. Massachusetts.

March 20, 2007.

COPYRIGHT MATERIAL OMITTED

Carol T. Vittorioso, Vittorioso & Taylor, Leominster, MA, Sean J. Gallagher, Worcester, MA, for Plaintiff.

Joseph L. Tehan, Jr., Kopelman & Paige, PC, Boston, MA, for Defendants.

MEMORANDUM AND ORDER ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

SAYLOR, District Judge.

This is a civil rights action against two police officers and a municipality arising out of the arrest of a motorist who had stopped by the side of the road because he felt ill.

On June 15, 2001, at about 12:40 in the afternoon, plaintiff Timothy L. LaFrenier was driving from work to his doctor's office. While driving on Route 13 in Townsend, Massachusetts, LaFrenier felt ill and pulled his car over to the side of the road. A passing motorist reported to the police that there was a person in a car on Route 13 who "did not look well."

Defendant Mary Anne Kinirey, a police officer with the Town of Townsend, investigated the motorist's report and found LaFrenier sitting behind the wheel of his car. According to Kinirey, LaFrenier was disoriented and unresponsive. She asked him to get out of the car and step to the rear. At some point, he began to push her, and she placed him under arrest. He resisted arrest and began to struggle with Kinirey. Defendant Daniel Morrison of the Townsend Police Department arrived during the struggle and helped arrest LaFrenier. After his arrest, LaFrenier was transported to the Townsend Police Department where a breathalyzer test revealed no alcohol in his system. He was then transported by ambulance to the hospital, where he was examined by medical personnel, although no treatment was provided. He was then taken back to the police station, booked, and eventually released.

A criminal complaint was filed against LaFrenier charging (1) assault and battery on Kinirey, a police officer; (2) assault and battery on Morrison, a police officer; (3) disorderly conduct; and (4) resisting arrest. After a trial, LaFrenier was found not guilty on all charges with the exception of the charge of assault and battery on Morrison, which was dismissed. Kinirey later applied unsuccessfully to the Registry of Motor Vehicles to have LaFrenier's license suspended.

LaFrenier filed this lawsuit in 2004, alleging various civil rights violations and common-law torts. Defendants have moved for summary judgment as to all counts. For the reason set forth below, defendants' motion for summary judgment will be granted.

I. Factual Background

The facts are set forth in the light most favorable to the plaintiff.

A. The Officer's Response to the Scene

Timothy LaFrenier is a resident of Fitchburg, Massachusetts. In June 2001, he was 47 years old. He was employed as a materials handler by Compaq Computer Corp. in Nashua, New Hampshire.

On Friday, June 15, 2001, at approximately noon, he left Compaq in Nashua to drive to a doctor's office in Fitchburg, Massachusetts. He had been ill for two or three weeks and, according to his deposition testimony, he was "very ill, very weak, and very tired." (LaFrenier Dep. at 44). His primary care physician had recommended that he see a specialist in Fitchburg.

Immediately upon leaving work, LaFrenier started sweating profusely. On the way to his appointment, LaFrenier pulled his car off to the side of the road. He was on Route 13 in Townsend, Massachusetts.

At approximately 12:40 p.m., a motorist walked into the Townsend police station and told Officer Mary Anne Kinirey (and a dispatcher) that there was a "gentleman who wasn't feeling well — looked like he wasn't feeling well" in a car on the side of the road. (Kinirey Dep. at 18).

Kinirey drove her cruiser to the location. She located the car; it was parked on the shoulder, approximately three feet from the edge of the road. The operator, who was alone, was seated in the driver's seat and appeared to be slumped over. Kinirey pulled her cruiser behind the car and approached the driver's side. She was in full uniform.

B. The Incident by the Side of the Road

According to LaFrenier, he remembers being on Route 13, but does not remember pulling over; the last thing that he remembers is "putting his head back and trying to take a deep breath." (LaFrenier Dep. at 54). He testified that he has no memory of any kind about the incident by the side of the road. What follows, therefore, is the version of the incident given by the police officers.¹

According to Kinirey's police report, the person behind the wheel of the car appeared to be pale and sweating profusely, and he was attempting to open a cigarette package, with much difficulty.² Kinirey asked if he was okay or needed some assistance.³ Kinirey thought he seemed confused by the question.⁴ She asked the question again; he still looked confused. The automobile was running; Kinirey asked him to shut it off and step to the rear of the car. LaFrenier did not seem to understand.

Officer Kinirey then radioed for backup. Officer Daniel Morrison responded and headed to the scene.

Kinirey again asked LaFrenier to shut off the car's engine and to step to the rear; LaFrenier responded that it was off.⁵ Kinirey once again told LaFrenier that the vehicle was in fact still running and asked him to shut it off and step out. LaFrenier asked Kinirey if there was some kind of problem.⁶ Kinirey asked him again to shut off the car and step out. LaFrenier responded that the engine was off and he wanted to know why he was being stopped.

Kinirey opened the driver's side door and asked LaFrenier to step from the car. LaFrenier then got out.⁷ As he stood up he fell towards the car, which stopped his fall. He had difficulty walking. LaFrenier asked again why he had been stopped. Kinirey assisted LaFrenier to the rear of the car and attempted to lean him against the trunk.⁸

At that point, LaFrenier became upset. He began to push Kinirey and wanted to get back into his car and stated that he wanted to "get going." LaFrenier attempted to walk away from Kinirey, pushing her away from him stating that he wanted to "go home." She told LaFrenier that he was in no condition to drive at this time and that she wanted to ask him a few questions to help determine what kind of problem he may be having.⁹

LaFrenier became upset with Kinirey and began to push her. She then attempted to handcuff him.¹⁰ LaFrenier resisted having the handcuffs placed on him, and began to fight with her. Kinirey was able to get one handcuff on when LaFrenier began to pull away and swing at her with his arms. She then pushed LaFrenier face first toward the car in an attempt to throw him off balance. LaFrenier tried to turn around toward Kinirey and she again pushed him towards the car. LaFrenier continued to attempt to strike Kinirey. Kinirey then struck LaFrenier in his left upper leg with her knee. LaFrenier lost his balance and Kinirey pushed him onto the side of the car. She grabbed his left arm, brought it behind him and attempted again to finish placing the handcuffs on him. LaFrenier tried to get up. Kinirey again struck him on the side of his leg with her knee. LaFrenier lost his balance again. She pushed him onto the side of the car and again pulled his arm up behind him in an attempt to finish placing the handcuffs on him. LaFrenier tried to get up and walk away. Kinirey grabbed him and pushed him onto the vehicle again.¹¹

At that point, Officer Morrison arrived at the scene. He attempted to get LaFrenier to lean up against the car so that he could be handcuffed. LaFrenier again attempted to walk away. Morrison held La-Frenier and placed him onto the hood of the car, which LaFrenier resisted. La-Frenier again attempted to walk away again; both Morrison and Kinirey grabbed LaFrenier by the arms and forced him toward the car. According to Morrison, during the struggle LaFrenier elbowed him twice in the side of his chest, breaking a pair of sunglasses in his pocket. Morrison then held LaFrenier and Kinirey was able to handcuff him.¹²

LaFrenier was brought to Kinirey's cruiser, where Morrison asked him to sit in the rear seat. LaFrenier refused to cooperate. Morrison and Kinirey tried to get LaFrenier into the cruiser, which he resisted. Eventually, LaFrenier was placed in the cruiser.

During the entire interchange, Kinirey did not detect an odor of alcoholic beverages. There were no alcoholic beverages in the car. LaFrenier's eyes were not bloodshot.

At the beginning of the contact, Kinirey thought that LaFrenier may have been a diabetic with a medical problem. By the time she had asked him twice to turn off the car, she though he was either "having a medical condition" or under the influence of alcohol. (Id. at 38).

Kinirey received no bruises, scrapes or other physical injuries during the confrontation. Her height and weight are not reflected in the record; LaFrenier is approximately six feet tall and weighed approximately 170 pounds at the time of the incident. Morrison is approximately six feet three inches tall and weighed approximately 250 pounds at the time of the incident.

C. The Events at the Police Station and Hospital

LaFrenier was taken to the Townsend Police station for booking. While he was being booked, Kinirey, Morrison and a supervising officer questioned LaFrenier about his medical condition, and asked him if there was someone they could call for him. LaFrenier responded that he did not have a medical condition and he was not on any medication.

LaFrenier's first memory of his encounter with any member of the Townsend Police Department is of events at the police station after his arrest. He testified that he was seated in the police station with four officers standing around him. According to LaFrenier, the officers were "basically screaming" at him. (LaFrenier Dep. at 57). They...