Astrada v. Howard

979 F. Supp. 90, 1997 U.S. Dist. LEXIS 16409, 1997 WL 613071
CourtDistrict Court, D. Connecticut
DecidedApril 8, 1997
DocketNo. CIV. 3:95CV01318(AVC)
StatusPublished
Cited by3 cases

This text of 979 F. Supp. 90 (Astrada v. Howard) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Astrada v. Howard, 979 F. Supp. 90, 1997 U.S. Dist. LEXIS 16409, 1997 WL 613071 (D. Conn. 1997).

Opinion

RECOMMENDED RULING ON DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

SMITH, United States Magistrate Judge.

I. INTRODUCTION

Plaintiff has delivered unto the court a kitchen-sink complaint that taunts even the liberal bounds of notice pleading. In the most eonclusory of fashions, in the final paragraphs of his complaint, plaintiff alleges that the defendants violated his Second Amendment, Fourth Amendment and Fourteenth Amendment rights. He serves up these federal claims on 42 U.S.C. §§ 1983 and 1981, but does not allege which acts of which defendant violated which of these rights. This task he leaves to the court. He also alleges a common law claim for intentional infliction of emotional distress. Defendants hang their motion for summary judgment on the existence of probable cause and the protections of qualified immunity.

II. FACTS

The plaintiff, Marvin Astrada, is a Hispanic male. When the incident from which this case derives occurred, he was 17 years old. Defendants David Howard, Dominick Reis, George Carpenter and Edward Allen are officers in the West Haven Police Department. Defendant Harry Carroll is West Haven’s chief of police.

On July 2, 1992, at approximately 3:00 a.m., Astrada was walking near the intersection of Elm Street and Campbell Avenue in West Haven. He was carrying a handgun, under a valid permit, at the time. A truck driven by Thomas Schwall was at or near- the intersection; Pasquale Salvatore, Paul Menga, Kevin Jason were passengers in Sehwall’s vehicle. Schwall had pulled into the Burger King parking lot to talk to some of his friends (Anthony Rignoli, Kareem Trim and Steve Herrick).

[93]*93A verbal confrontation developed between Astrada and the Schwall group. At some point during this confrontation Astrada displayed his handgun and one of the young men—Salvatore—left the truck and approached him.

Astrada pointed his weapon at Salvatore and told him to “stop” or “freeze.” Pl.’s Dep. at 44. When Salvatore continued his approach, Astrada turned and ran toward the West Haven Police Department located nearby. Salvatore pursued him on foot, and Schwall followed in the truck. As the truck drew close to him, Astrada turned and fired his weapon. He maintains that the truck was on the sidewalk when he fired in self-defense and that he aimed at the grill. The bullet struck the middle of the windshield; no one was injured.

The truck stopped, but Salvatore, joined by Jason, continued to chase Astrada on foot. Astrada arrived at the police station first. He burst into the lobby, banged frantically on the desk window and brandished his loaded .45 caliber weapon. Officers Reis, Carpenter and Allen secured Astrada and disarmed him. Salvatore and Jason arrived seconds later and informed officers that Astrada had shot at them. Astrada was separated from Salvatore and Jason and placed in a room at the station while officers attempted to sort out what had happened.

Schwall and Menga arrived shortly thereafter, as did Officer Howard. Howard took statements from Schwall, his friends and Astrada. Howard then arrested Astrada, formally charging him with reckless endangerment, unlawful discharge of a firearm and breach of peace. He applied twice for an arrest warrant for Schwall; both times prosecutors denied the warrant. All charges against Astrada were eventually nolled.

Howard also confiscated Astrada’s pistol permit and turned it over to defendant Carroll, who revoked it. More than a year after his arrest, after the charges against him were nolled, Astrada requested that Chief Carroll reinstate his pistol permit. Chief Carroll refused. On June 30, 1995 the plaintiff filed this action against defendants Howard, Reis, Carpenter, Allen and Carroll.

III. THE STANDARD

Summary judgment is appropriately granted when the evidentiary record shows that there are no genuine issues of material fact and that the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c). In determining whether the record presents genuine issues for trial, the court must view all inferences and ambiguities in the light most favorable to the non-moving party. See Bryant v. Maffucci, 923 F.2d 979, 982 (2d Cir.), cert, denied, 502 U.S. 849, 112 S.Ct. 152,116 L.Ed.2d 117 (1991). A plaintiff raises a genuine issue of material fact if “the jury could reasonably find for the plaintiff.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252,106 S.Ct. 2505, 2512, 91 L.Ed.2d 202 (1986). The Supreme Court has noted that:

Rule 56 must be construed with due regard not only for the rights of persons asserting claims and defenses that are adequately based in fact to have those claims and defenses tried to a jury, but also for the rights of persons opposing such claims and defenses to demonstrate in the manner provided by the Rule, prior to trial, that the claims and defenses have no factual basis.

Celotex Corp. v. Catrett, 477 U.S. 317, 327, 106 S.Ct. 2548, 2555, 91 L.Ed.2d 265, cert, denied, 484 U.S. 1066, 108 S.Ct. 1028, 98 L.Ed.2d 992 (1988).

Summary judgment is generally inappropriate where intent and state of mind are at issue. Montana v. First Federal Savings & Loan Ass’n of Rochester, 869 F.2d 100, 103 (2d Cir.1989); Meiri v. Dacon, 759 F.2d 989, 998 (2d Cir.), cert, denied, 474 U.S. 829, 106 S.Ct. 91, 88 L.Ed.2d 74 (1985). Nonetheless, “the salutary purposes of summary judgment—avoiding protracted, expensive, and harassing trials—apply no less to discrimination cases than to commercial or other areas of litigation.” Id.

IV. DISCUSSION

Before turning to the specifics of this case, a brief tour through the general requirements of § 1983 and § 1981 causes of action is in order.

[94]*94A. General Requirements Under § 1983

The general requirements for a § 1983 cause of action were recently summarized in Robinson v. Town of Colonie, 878 F.Supp. 387 (N.D.N.Y.1995):

Section 1983 provides an instrument by which an individual deprived of a federal right by a person acting under color of state law may be compensated. [I]n order to state a claim under § 1983, a plaintiff must allege (1) that the challenged conduct was attributable at least in part to a person acting under color of state law, and (2) that such conduct deprived the plaintiff of a right, privilege or immunity secured by the Constitution or laws of the United States. Moreover, it is well settled in this Circuit that personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.

Robinson,

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Bluebook (online)
979 F. Supp. 90, 1997 U.S. Dist. LEXIS 16409, 1997 WL 613071, Counsel Stack Legal Research, https://law.counselstack.com/opinion/astrada-v-howard-ctd-1997.