Bornstad v. Honey Brook Township

211 F. App'x 118
CourtCourt of Appeals for the Third Circuit
DecidedJanuary 5, 2007
Docket05-4534
StatusUnpublished
Cited by20 cases

This text of 211 F. App'x 118 (Bornstad v. Honey Brook Township) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bornstad v. Honey Brook Township, 211 F. App'x 118 (3d Cir. 2007).

Opinion

OPINION OF THE COURT

SMITH, Circuit Judge.

Appellant Kenneth Bornstad filed suit against the Township of Honey Brook, Township of West Brandywine, William Baxter, Michael Sasso, John Coldren, Denise Noke, and Daniel Shappell alleging the use of excessive force in the death of his son, Keith Bornstad in violation of 42 U.S.C. § 1983. 1 The defendants moved for summary judgment. The U.S. District Court for the Eastern District of Pennsylvania granted the motion on September 9, 2005 on the grounds that the defendant police officers were protected by qualified immunity and did not use excessive force, and that the defendant townships had not exhibited deliberate indifference by failing to properly train their employees.

The questions presented on appeal are: (1) whether the trial court properly viewed all facts in the light most favorable to the appellant; (2) whether the police officers are entitled to qualified immunity; (3) whether the police officers used excessive force; (4) whether the police officers failed to render adequate medical assistance; (5) whether the townships were deliberately indifferent in failing to train the police officers in appropriate procedures; (6) whether the District Court abused its discretion in denying the plaintiff’s Motion to Preclude the testimony of Dr. G. John DiGregorio; and (7) whether the District Court abused its discretion in partially precluding the testimony of R. Paul McCauley as to. the reasonableness of the officers’ use of force. 2

I.

The District Court had subject matter jurisdiction in this case under 28 U.S.C. §§ 1331 and 1343, and 42 U.S.C. § 1983. This Court has jurisdiction under 28 U.S.C. § 1291.

*120 The standard of review for a grant of summary judgment is plenary. Gilles v. Davis, 427 F.3d 197, 203 (3d Cir.2005). The District Court’s grant of summary judgment in favor of the appellees will be affirmed if it appears that “there is no genuine issue as to any material fact and that they are entitled to a judgment as a matter of law.” Id. (quoting Camiolo v. State Farm Fire & Cas. Co., 334 F.3d 345, 354 (3d Cir.2003)). An issue is material if there is sufficient evidence favoring the nonmoving party for a jury to return a verdict for that party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

In evaluating the evidence, “a court must view the facts in the light most favorable to the nonmoving party and draw all inferences in that party’s favor.” Farrell v. Planters Lifesavers Co., 206 F.3d 271, 278 (3d Cir.2000). The moving party “always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of ‘the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,’ which it believes demonstrate the absence of a genuine issue of material fact.” Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (quoting Fed. R. Crv. P. 56(c)). However, “[i]n order to demonstrate the existence of a genuine issue of material fact, the nonmovant must supply sufficient evidence (not mere allegations) for a reasonable jury to find for the nonmovant.” Olson v. Gen. Elec. Astrospace, 101 F.3d 947, 951 (3d Cir.1996); Fed.R.Civ.P. 56(e).

II.

On June 6, 2002, Keith Bornstad (“Bornstad”) returned to the home that he shared with Lorraine Barlow and her seven year-old daughter, Jessica. Bornstad had been drinking and was intoxicated. Bornstad bit Barlow’s daughter on the back and on the cheek. He then had a disagreement with Barlow and struck her in the face. Barlow called the 911 emergency number, but Bornstad thwarted her from speaking to the dispatcher. When the dispatcher called back, there was no answer. Officers Sasso and Baxter were summoned to the house to investigate the 911 hang-up at approximately 9:15pm. When the two officers arrived on the scene they were met at the door by Bornstad and they asked him about the 911 hang-up. He admitted that there had been a problem, but told them that it had passed. Barlow contradicted this statement. Officer Baxter walked with Bornstad out to the porch where he spoke to him while Officer Sasso spoke with Barlow and viewed the bite mark on Jessica’s back. When Officer Sasso returned to Officer Baxter and Bornstad, he informed Bornstad that he was placing him under arrest.

Bornstad refused to submit to the officers’ requests that he put his hands behind his back so that they could handcuff him. He swung his arms at the officers and hit one of them, eventually wrestling both to the ground. Barlow later stated that “[t]he only thing I observed was Keith started swinging first.” Bornstad landed on the ground on his back. The officers sprayed him with pepper spray, but to no effect. He continued to thrash and flail his limbs at the officers, and was not compliant even after he had been handcuffed with his hands in front of his body. When Barlow came out of the house to see what was happening, the officers indicated to her that she should call 911 for backup. She later stated that while the first two officers were attempting to subdue Bornstad they pressed a knee into his chest. Bornstad was still on his back at the time. She also reported hearing Bornstad “yelling out for me for help ... [a]nd [saying that] he was having trouble breathing.” She could not recall how long the struggle *121 between the first two officers and Bornstad lasted.

When the backup officers arrived, they attempted to assist Officers Baxter and Sasso in holding Bornstad down. The group turned Bornstad over in order to handcuff him behind his back. Barlow later said that she did not see any of the backup officers on top of Bornstad, and that she never saw any of them hit him. The officers tied Bornstad’s feet and attempted to move him to the police cruiser. At the point that they were loading him into the vehicle, one of the officers noticed that he was not breathing. They removed him from the vehicle and placed him on the ground. When Barlow came out of the house one more time, she saw Bornstad motionless on the ground.

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Bluebook (online)
211 F. App'x 118, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bornstad-v-honey-brook-township-ca3-2007.