Olschafskie v. Town of Enfield

AMIE OLSCHAFSKIE, Executrix of ESTATE OF TYLER DAMATO and AMIEOLSCHAFSKIE, individually, Plaintiffs, v. TOWN OF ENFIELD, et al., Defendants.

No. 3:15-cv-67 (MPS)

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

September 27, 2017

RULING ON DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT

Plaintiff Amy Olschafskie, individually and as executrix of the estate of her son Tyler D'Amato, brings this action against the Town of Enfield, the Enfield Police Department, Police Chief Carl Sferrazza, Officer Matthew Worden, Officer Jamie Yott, and two unnamed officers. Olschafskie's claims arise out of her allegations that the officer defendants used excessive force when they arrived at her home in December 2012 to transport D'Amato to the hospital, allegedly forcing him to the ground, hitting his head against asphalt, and tasing him. (ECF No. 1-1 at ¶¶ 17-35.) I previously granted the defendants' motion to dismiss the claims against the officer defendants in their official capacities, and the plaintiff withdrew her claims against the Enfield Police Department. (ECF No. 62.)

After discovery, the Town of Enfield, Chief Carl Sferrazza, and Officer Jaimie Yott move for summary judgment on all claims remaining against them. (Motion for Partial Summary Judgment, ECF No. 89.) Defendant Officer Worden moves for partial summary judgment on claims three (negligence), six (negligent infliction of emotional distress), eight (failure to intervene under § 1983), nine (failure to intervene under state law), eleven (wrongful death), and thirteen (bystander emotional distress). (ECF Nos. 90, 91.) For the reasons discussed below, the motions for summary judgment are GRANTED in part and DENIED in part.

I. Background

The following facts, taken from the parties' Local Rule 56(a) Statements (ECF Nos. 89-2, 96), affidavits, and exhibits, are undisputed unless otherwise noted. Additional facts are discussed in the analysis where relevant.

Tyler D'Amato was Amie Olschafskie's son. (ECF No. 95-1 at 5.) He was twenty years old. (Id.) On August 26, 2012, D'Amato's cousin died. (Id. at 21.) Following this death, D'Amato experienced symptoms of depression, although Olschafskie stated that these symptoms were mitigated by December 2012. (Id.) On October 25, 2012, after an argument, the son of D'Amato's father's girlfriend hit D'Amato with a car. (Id. at 13-14.) Because of this accident, D'Amato suffered a traumatic brain injury. (Id. at 16-17, ECF No. 95-19.) The brain injury caused D'Amato to suffer from dizziness, headaches, problems with vision, short term memory problems, and mood swings (e.g., feeling "down" as well as "combative") and to walk with a cane. (ECF No. 95-1 at 16-22.) He was treated for this injury at both St. Francis Hospital and the Mount Sinai Traumatic Brain Injury Clinic. (Id. at 19, ECF No. 95-19.) According to Olschafskie, D'Amato's symptoms from this injury had mostly dissipated by late December 2012. (ECF No. 89-2 at 21.)

On December 25, 2012, D'Amato told Olschafskie that he was upset at the thought of spending Christmas without his cousin. (ECF No. 95-1 at 27.) He went to his girlfriend's house for a few hours during the day, but eventually her father asked him to leave. (Id. at 29.) Olschafskie's mother picked D'Amato up. (Id. 29-30.) They stopped at a gas station. (Id.) D'Amato got out of the car and refused to get back in. (Id.) Olschafskie's mother was concerned about D'Amato; she returned to Olschafskie's house and relayed her concerns to Olschafskie. (Id.at 30-31.) After that, D'Amato called Olschafskie and told her that he was walking in the road, near traffic. (ECF No. 95-1 at 31-34.) Olschafskie grew worried that D'Amato was suicidal after her phone conversations with him. (Id. at 34-35.) Olschafskie's friend, Matthew Orefice, went to pick up D'Amato and brought him back to Olschafskie's house. (Id. at 33.)

In the meantime, Olschafskie's mother went to the Enfield Police Department ("EPD") to request police assistance in hospitalizing D'Amato for emergency psychological evaluation. (ECF Nos. 89-2 at ¶1, 95-1 at 35-36, 96 at ¶ 1.) The EPD dispatched Officers Peterson, Taylor, and Worden to Olschafskie's house. (ECF Nos. 89-2 at ¶ 4; 96 at ¶ 4.) On their way, the sergeant with whom plaintiff's mother spoke called the officers to advise them that D'Amato walked with a cane and suffered from a brain injury. (Id.) Plaintiff and defendants agree that "Officer Yott was not present for, did not witness, and did not participate in any use of force on [D'Amato] on December 25, 2012." (Id. at ¶ 26, ECF No. 89-2 at ¶ 26.)

When the officers arrived at Olschafskie's house, she met them at the door and informed them that she was worried about D'Amato, gave them "a brief rundown of Tyler's day", and said she wanted him taken to the hospital for psychiatric evaluation. (ECF 95-1 at 44.) Olschafskie "advised [Officer Worden] that [D'Amato] had a previous brain injury and that this was a medical call[,] and we just wanted him transported to the hospital for observation. I stated five to ten times at least that he couldn't be jostled, he couldn't be handled roughly, he had left frontal lobe damage." (Id. at 42.) As the officers arrived, an ambulance also arrived at Olschafskie's house; the ambulance staff waited outside. (Id. at 43-44.) D'Amato was upset that his mother wanted him to go to the hospital for a psychological evaluation. (Id. at 47.) The officers told D'Amato that "they were there and they had to make sure h[e was] ok, they couldn't leave just because he said he was ok[.]" (Id. at 46.) D'Amato asked Olschafskie if she thought that he was a risk to himself. (Id.) She"said that [she] did, [she] wanted him to be seen because [she] was worried about him, and he told [her] that he hated [her.]" (Id.; ECF No. 89-2 at ¶¶ 9-10.) D'Amato then became verbally belligerent, but "he wasn't irate or anything." (ECF Nos. 95-1 at 47-48, 89-2 at ¶ 7.) D'Amato and Officer Worden had previously had an encounter at a traffic stop; although Officer Worden had allowed him to go without a citation, Officer Worden had pulled a gun on him. (Id. at 51-52.) Olschafskie stated that this made D'Amato wary of Officer Worden on December 25, 2012. (Id. at 52.) After a few minutes, D'Amato agreed to go with the officers. (Id. at 48.) But he asked to have a cigarette first. (Id.)

D'Amato and the officers moved outside. (ECF Nos. 95-1 at 49, 89-2 at ¶ 11.) Once outside, D'Amato sat on a chair on the porch to smoke. (Id.; ECF No. 95-1 at 49.) Although the officers told her to stay inside, Olschafskie exited the house through the garage. (Id. at 52-53.) Once she exited the garage, she was standing "a few feet from D'Amato." (Id. at 53.) After a short time passed, the officers told D'Amato it was time to go. (Id. at 54.) D'Amato rose and began walking to the ambulance. (Id. at 54-55; ECF No. 89-2 at ¶ 13.) He had his cigarette in one hand and his cane in the other. (Id. at ¶ 14; 95-1 at 54.)

At this point, the plaintiff's and the defendants' versions of events diverge. The plaintiff states that D'Amato "only made it a couple of feet and then he dropped his cane." (ECF No. 95-1 at 55.) He said "I'm going to pick up my cane[.]" (Id.) "He bent over to pick up his cane, and he was tased." (Id. at 56.) The plaintiff stated that Officer Worden tased D'Amato, D'Amato fell to his knees, Officer Worden tased him again, and then "jumped on him." (Id. at 56-62.) Olschafskie further stated in her deposition that Officer Worden then put his knee on D'Amato's "upper back area, right below the neck." (Id. at 61.) Officer Worden "grabbed the back of [D'Amato]'s hair" and "proceeded to slam his head into the curb two or three times," such that his forehead struckthe curb (Id. at 61-62.) Olschafskie briefly turned away in horror and called 911 on her cellphone. (Id. at 62-64.) The officers then lifted D'Amato and carried him to the ambulance, and he was transported to St. Francis Hospital. (Id. at 64-68.) Olschafskie said that she could not see what injuries D'Amato had sustained because she "couldn't get close enough to him," "it was dark," and then he was taken away. (Id. at 65.)

The defendants offer a different version. According to them, D'Amato refused to put out his cigarette as the officers directed. (ECF No. 89-2 at ¶ 14; 89-5 at 2-3; 89-7 at 2-3.) They state that D'Amato then "bent down to grab his cane and . . . stood up rapidly and wielded the cane as if preparing to strike Officers Worden and Peterson[.]" (ECF No. 89-2 at ¶ 15.) Officer Worden tased D'Amato in the torso, incapacitating him. (Id. at ¶ 16.) They further claim that "Officers Worden and Peterson then attempted to gain control of [D'Amato]'s arms, but he resisted their efforts and concealed his right arm underneath his body on the ground." (Id. at ¶ 17.) Because "[D'Amato] refused several commands from Officers Peterson and Worden to put his right arm behind his back[] and continued to resist their efforts to secure it," Officer Worden tased D'Amato again. (Id. at ¶ 18.) Officer Worden then searched D'Amato and put him in handcuffs, and D'Amato was "placed on a stretcher by EMT's and transported by ambulance from the scene to St. Francis Hospital[,] pursuant to a Police Emergency Examination Request form prepared by Officer Peterson." (Id. at ¶¶ 21-22; 89-5 at 3, 89-8.)

Plaintiffs and defendants agree that D'Amato "was admitted to St. Francis at approximately 9:18 p.m. on December 25, 2012." (ECF Nos. 89-2 at ¶ 28, 96 at ¶ 28.) The medical report from St. Francis states that D'Amato had taser marks on his "left lower abdomen and left lumbar region." (ECF No. 89-13 at 3.) He also had an MRI that evening, and Olschafskie stated that doctors told her "they didn't see any additional bleeding on the brain[,] but there was a braininjury." (ECF No. 95-3 at 69.) She stated that none of the doctors present "said anything to corroborate . . . or contradict" whether the December 25, 2012 incident had...