Ravalese v. Town of E. Hartford

HARRY RAVALESE, Plaintiff, v. TOWN OF EAST HARTFORD, et al., Defendants.

No. 3:16-cv-1642 (VAB)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT

June 14, 2019

RULING AND ORDER ON MOTION FOR PARTIAL SUMMARY JUDGMENT

On February 15, 2019, the Town of East Hartford ("East Hartford"), Kathryn Weaver, John and Jane Doe, and Scott Sansom (collectively, "Defendants") moved for partial summary judgment as to a number of the claims brought by Harry Ravalese ("Plaintiff") in this civil rights action. Defendants' Partial Motion for Summary Judgment, dated Feb. 15, 2019 ("Defs.' Mot."), ECF No. 80; Memorandum of Law in Support of Defs.' Mot., dated Feb. 15, 2019 ("Defs.' Mem."), ECF No. 80-1; Local Rule 56(a)(1) Statement of Material Facts, dated Feb. 15, 2019 ("Defs.' SMF"), ECF No. 80-2.

On April 22, 2019, Mr. Ravalese opposed the motion. Plaintiff's Opposition to Defs.' Mot., dated Apr. 22, 2019 ("Pl.'s Opp."), ECF No. 87; Local Rule 56(a)(2) Statement, dated Apr. 22, 2019 ("Pl.'s SMF"), ECF No. 87-1.

For the reasons explained below, the Court GRANTS IN PART AND DENIES IN PART Defendants' motion for partial summary judgment.

The Court grants summary judgment to Defendants as to the following of Plaintiff's claims: (1) all claims against Jane Doe; (2) the claim for malicious prosecution under 42 U.S.C. § 1983; (3) the claim of false arrest under 42 U.S.C. § 1983; (4) the Monell claim against East Hartford and Chief Sansom; (5) the official capacity claims against Officer Weaver, John Doe, and Chief Sansom, which are duplicative of the Monell claim; (6) the claims of negligence arising from the officers' investigation and arrest of Plaintiff only; (7) the claim of intentional infliction of emotional distress arising from the officers' investigation and arrest only; (8) the claim of negligent infliction of emotional distress arising from the officers' investigation and arrest only; (9) the claim of recklessness arising from the officers' investigation and arrest only; (10) the claims under Article I, §§ 8 and 20 of the Connecticut Constitution; and (11) the claims of municipal liability under CONN. GEN. STAT. § 52-557n that are based on the claims of negligence arising from the officers' investigation and arrest only.

The Court denies Defendants' motion with respect to the following claims: (1) the claim of municipal liability under CONN. GEN. STAT. § 52-557n, based on the claim of negligence arising from the officers' use of excessive force; and (2) the claim of indemnification under CONN. GEN. STAT. § 7-465, based on the claim of negligence arising from the officers' use of excessive force.

The Court reserves decision as to summary judgment on all remaining claims against John Doe, following a properly-filed motion to amend the Complaint and any subsequent briefing.

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Factual Allegations¹

On October 4, 2014, at or about 11:30 p.m. at night, an unidentified person called 911 and reported an elderly woman in distress at the House of Flowers, located at 456 Main Street in East Hartford, Connecticut. Defs.' SMF ¶ 3; Pl.'s SMF ¶ 3.

Mr. Ravalese and his brother, Michael Ravalese, own the House of Flowers (also referred to as the "Flower Shop"), which sits on a large parcel owned by several members of their family. Defs.' SMF ¶ 2; Pl.'s SMF ¶ 2. At the time, Mr. Ravalese and his mother, Carmelina Ravalese (93 years old at the time), lived together in a single-family residence, also located on the parcel at 456 ½ Main Street. Id. There is also another finished structure on the parcel known as "the barn," which is used for recreational activities. Id.

The caller reported "that she observed an elderly woman sitting by herself in an armchair within the Flower Shop screaming and crying." Defs.' SMF ¶ 3; Pl.'s SMF ¶ 3.

Shortly after the call, East Hartford Police Officer Kathryn Weaver arrived at the property. Defs.' SMF ¶ 4; Pl.'s SMF ¶ 4. Sometime after that, East Hartford Police Officer Richard Hill arrived on the scene. Defs.' SMF ¶ 5; Pl.'s SMF ¶ 5.

What happened next is in dispute.

Mr. Ravalese alleges that he was inside his residence with his nephew and a friend when he heard a knock on the door. Compl. ¶¶ 15-16. When he opened the door, Officer Weaver allegedly "without meaningful investigation of the facts and circumstances surrounding her accusations, falsely accused [him] of abusing his 93 year old mother, who was visiting his sister next door." Id. ¶ 17. Mr. Ravalese "denied the allegations" and "asked Officer Weaver what she was talking about," telling her "that she was making a terrible mistake, that she was on private property, and to leave." Defs.' SMF ¶ 26; Pl.'s SMF ¶ 26.

Officer Weaver allegedly told Mr. Ravalese that she was going to arrest him. Pl.'s SMF at 11, ¶ 12 (" . . . she accused him of 'abusing an elderly woman and . . . lock[ing] her in a flower shop' and then said twice, 'I'm taking you down.'") (citing deposition transcripts). Officer Weaver then allegedly instructed him "to turn around, and then grabbed him and proceed[ed] to forcibl[y] bring him to the ground by tripping and pushing him." Id. at 12, ¶ 17. At that point, she allegedly said "something to the effect of, '[w]ell, mistakes happen.'" Id. (citing Plaintiff's deposition). Even though he allegedly complied with her order to turn around, Officer Weaver nevertheless "forcibly threw [him] to the ground, jumped on his back with her knees and twisted his arms forcefully behind him to apply handcuffs." Compl. ¶ 20.

Officer Weaver then allegedly charged Mr. Ravalese with "Breach of Peace" and took him to the East Hartford Police Station. Id. ¶ 22. When he was "later released on bond," he allegedly "was told not to speak with his mother, despite his caretaking role with her and his continued concern for her wellbeing." Id. ¶ 23.

Defendants allege that Officer Weaver had additional conversations before speaking with Mr. Ravalese. Specifically, Defendants allege that when Officer Weaver arrived at the property she did not observe an elderly woman, but did see "lights on inside the Flower Shop, despite the late hour." Defs.' SMF ¶ 6. She then allegedly knocked on the door of the House of Flowers and spoke with Mr. Ravalese's brother, Michael Ravalese. Id. ¶¶ 7-9. Mr. Ravalese does not dispute that Officer Weaver spoke with his brother. Pl.'s SMF ¶¶ 7-8.

Michael Ravalese allegedly reported that his mother "was crying because she was upset with plaintiff," because Plaintiff had arrived two hours late to pick her up. Id. ¶¶ 9-10. Because of his late arrival, Ms. Ravalese allegedly refused to leave with Harry Ravalese. Id. ¶ 11. Michael Ravalese allegedly reported that Harry Ravalese had called him and "banged on the door of the establishment numerous times," and was "hootin' and hollerin'" outside. Id. ¶ 12.

Officer Weaver allegedly attempted to corroborate this report by speaking with Ms. Ravalese, but found that she spoke only limited English. Nevertheless, Ms. Ravalese allegedly repeated the words "No, Harry" stated "I stay here." Id. ¶¶ 15-16. She also allegedly "began speaking quickly in Italian" and made "a 'shooing' motion by pushing her hands and/or arms away from her body with great force and repetition." Id. ¶ 17. Michael Ravalese allegedly translated these words and actions for Officer Weaver, telling her that Ms. Ravalese "wanted to stay with Michael at the Flower Shop and did not want plaintiff around." Id. ¶ 18. Michael Ravalese then allegedly informed Officer Weaver that Harry Ravalese "was in a detached structure located behind the Flower Shop, the barn, and asked that the officer request that plaintiff not return to the Flower Shop for the remainder of the evening." Id. ¶ 20.

It is undisputed that the East Hartford police arrested Harry Ravalese and charged him with Breach of Peace in the Second Degree. Defs.' SMF ¶ 28; Pl.'s SMF ¶ 28.

B. Procedural History

On September 30, 2016, Harry Ravalese sued the Town of East Hartford, East Hartford Police Chief Scott Sansom (in both his individual and official capacity), East Hartford Police Officer Kate Weaver (in both her individual and official capacity), East Hartford Police Sergeant Joseph Ficacelli (in both his individual and official capacity), and John Doe and Jane Doe, two unidentified East Hartford Police Officers (in both their individual and official capacity), alleging causes of action for violations of his constitutional rights under both the United States and Connecticut Constitutions. Complaint, dated Sept. 30, 2016 ("Compl."), ECF No. 1. Mr. Ravalese also sued all of the named Defendants for violations under Connecticut law. Id.

On November 22, 2016, all named Defendants answered, denying all substantive allegations of liability and asserting multiple affirmative defenses. Answer, dated Nov. 22, 2016, ECF No. 30.

On December 13, 2016, the Court held a telephonic discovery conference and, shortly thereafter, issued an initial scheduling order setting pre-trial deadlines, with discovery to close by April 6, 2018. Scheduling Order, dated Dec. 13, 2016, ECF No. 35.

On August 16, 2017, Mr. Ravalese moved to dismiss Sergeant Ficacelli from the action. Motion to Withdraw Plaintiff's Complaint as to Defendant Sergeant Joseph Ficacelli, dated Aug. 16, 2017, ECF No. 42. On August 17, 2017, the Court granted that motion, dismissing all claims against Sergeant Ficacelli. Order, dated Aug. 17, 2017, ECF No. 43.

On September 27, 2017, the Town of East Hartford, Chief Scott Sansom, Officer Kate Weaver, John Doe, and Jane Doe (hereafter, "Defendants") moved for leave to file an amended Answer and affirmative defenses. Motion for Leave to File Answer and Amended Affirmative Defenses, dated Sept. 27, 2017, ECF No. 51.

On October 3, 2017, the Court granted that motion. See Minute Entry, dated Oct. 3, 2017, ECF No. 54.

On November 29, 2018—after the case had been delayed at the request of the parties—the Court held a telephonic scheduling...