Estate of Aaron Bruce Cadman v. Dennis, et al.

2018 DNH 018
CourtDistrict Court, D. New Hampshire
DecidedJanuary 29, 2018
Docket16-cv-202-AJ
StatusPublished

This text of 2018 DNH 018 (Estate of Aaron Bruce Cadman v. Dennis, et al.) is published on Counsel Stack Legal Research, covering District Court, D. New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Estate of Aaron Bruce Cadman v. Dennis, et al., 2018 DNH 018 (D.N.H. 2018).

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

Estate of Aaron Bruce Cadman

v. Civil No. 16-cv-202-AJ Opinion No. 2018 DNH 018 Stephen Dennis and the Town of Henniker, New Hampshire

MEMORANDUM AND ORDER

In November 2014, Henniker Police Officer Stephen Dennis

shot Aaron Bruce Cadman while on duty. The shooting was not

fatal, and in May 2016, Cadman filed this action against Dennis

and the Town of Henniker (“Town”) alleging violations of the

Fourth Amendment and state law. Specifically, Cadman alleged

federal claims of excessive force against Dennis (Count I) and

failure to train and supervise against the Town (Count II), both

brought pursuant to 42 U.S.C. § 1983 (Count I); and state-law

claims of assault (Count III), battery (Count IV), and negligent

use of force (Count V) against Dennis and vicarious liability

against the Town (Count VI). The case was assigned to the

undersigned magistrate judge, to whose jurisdiction the parties

consented. Cadman’s estate (the “Estate”) was substituted as a

party in August 2016, after Cadman died of causes unrelated to

the shooting. Defendants moved for judgment on the pleadings on the

state-law claims. The court granted that motion as to the

vicarious liability claim against the Town, but denied it

without prejudice as to any of the state-law claims against

Dennis. With discovery closed, defendants now move for summary

judgment on all remaining claims. The Estate concedes that the

Town is entitled to summary judgment on Count II, the failure to

train and supervise claim, but otherwise objects.

Because Dennis is entitled to qualified immunity on the

federal claim and municipal immunity on the state-law claims,

the court grants defendants’ motion for summary judgment.

I. STANDARD OF REVIEW

Summary judgment is appropriate where the moving party “shows

that there is no genuine dispute as to any material fact and the

movant is entitled to judgment as a matter of law.” Fed. R. Civ.

P. 56(a). “If a nonmovant bears the ultimate burden of proof on a

given issue, she must present ‘definite, competent evidence’

sufficient to establish the elements of her claim in order to

survive a motion for summary judgment.” Pina v. Children’s Place,

740 F.3d 785, 795–96 (1st Cir. 2014) (quoting Mesnick v. Gen. Elec.

Co., 950 F.2d 816, 822 (1st Cir. 1991)). The court must “draw all

reasonable inferences from the record in the light most favorable

to the nonmoving party, disregarding any ‘conclusory allegations,

2 improbable inferences, or unsupported speculation.’” McGrath v.

Tavares, 757 F.3d 20, 25 (1st Cir. 2014) (quoting Alicea v. Machete

Music, 744 F.3d 773, 778 (1st Cir. 2014)). Where, as here, the

moving party raises a qualified immunity defense, the nonmoving

party has the burden of showing that qualified immunity does not

apply. See Mitchell v. Miller, 790 F.3d 73, 77 (1st Cir. 2015)

(second prong); cf. Lopera v. Town Of Coventry, 640 F.3d 388, 395–

96 (1st Cir. 2011) (first prong); Ashcroft v. al-Kidd, 563 U.S.

731, 735 (2011).

II. BACKGROUND

The relevant facts appear to be largely undisputed. On

November 26, 2014, Henniker Police Officer Stephen Dennis was on

duty in a marked Henniker Police Department (“HPD”) cruiser.

Doc. no. 24-2 ¶ 7. At just after 5:00 p.m., Merrimack County

Dispatcher Danica Gorham called Dennis’s cell phone1 and informed

him that dispatch had received a “BOLO” for a vehicle stolen in

a “strong arm robbery” (the “vehicle”). Id. ¶ 8. Gorham

informed Dennis that the vehicle was being tracked using OnStar

and was located on Route 202 in Henniker. Id. Dennis

understood that the driver of the stolen vehicle had hit or

1 Gorham called Dennis directly because Merrimack County Dispatch was having communications issues and had lost radio contact. Doc. no. 24-2 ¶ 7.

3 attempted to hit the vehicle’s owner and should be considered

“armed and dangerous.”2 Id. Only a few miles away, Dennis

activated his emergency lights and proceeded to the route.

Id. ¶ 9; doc. no. 27-4 at 27.

Traffic was heavy due to snowy conditions. Doc. no. 24-2 ¶

9; doc. no. 24-5 ¶ 3. While en route, Dennis heard Hillsborough

dispatch calls over his radio updating the location of the

vehicle. Doc. no. 24-2 ¶ 9. Dennis made contact with a vehicle

matching the description of the vehicle in question. Id.

Dennis deactivated his emergency lights and contacted

Hillsborough dispatch to confirm the license plate of the

vehicle. Id.; doc. no. 27-4 at 18. Once confirmed, Dennis

reactivated his emergency lights to signal to the driver to pull

over. Doc. no. 24-2 ¶ 9.

The driver accelerated and pulled into the oncoming lane of

traffic. Id. ¶ 9. Dennis activated his siren and pursued the

vehicle. Id. ¶ 10. Traffic was generally moving at around

thirty miles-per-hour due to the snow. Doc. no. 24-5 ¶ 3; doc.

no. 27-4 at 15. Dennis pursued the vehicle at approximately

2 It is unclear in the record whether Gorham informed Dennis that the suspect was “armed and dangerous” or Dennis arrived at this belief on his own based on the reference to a “strong arm robbery.” See doc. no. 24-2 ¶ 8; doc. no. 27-4 at 8, 9, 28. It is similarly unclear whether Gorham instructed Dennis to “use extreme caution.” Doc. no. 27-4 at 8, 29.

4 fifty miles-per-hour, but was unable to keep up. Doc. no. 27-4

at 6, 13, 14, 27. While in pursuit, Dennis put a call out over

Hillsborough dispatch. Id. at 7.

Dennis was able to maintain visual contact with the vehicle

during the pursuit. Doc. no. 24-2 ¶ 10. The vehicle remained

in the oncoming lane of traffic. Doc. no. 27-4 at 13. Dennis

saw the vehicle spin, indicating that the driver had lost

control. Id. at 7; doc. no. 24-2 ¶ 10. As Dennis approached,

he observed the vehicle in the middle of the road perpendicular

to traffic with the driver’s side facing Dennis. Doc. no. 24-2

¶ 11; doc. no. 27-5. The vehicle had collided with a red pickup

truck traveling in the oncoming lane, which had sustained damage

and was off to the side of the roadway. Doc. no. 24-2 ¶ 11;

doc. no. 27-5. The vehicle had also collided with a black

pickup truck, which had come to a stop fifteen-to-twenty feet

from the vehicle in the right breakdown lane. Doc. no. 24-2 ¶

11; doc. no. 24-5 ¶ 4; doc. no. 24-6 ¶ 4. Another car had

stopped behind the black pickup truck in the right lane. Doc.

no. 24-6 ¶ 6; doc. no. 27-5.

Dennis stopped his cruiser in the roadway approximately

level with the red pickup truck. Doc. no. 24-2 ¶ 11; doc. no.

24-6 ¶ 6; doc. no. 27-5. The driver of the stolen vehicle,

later identified as Aaron Bruce Cadman, exited the vehicle.

5 Doc. no. 24-2 ¶ 12; doc. no. 24-6 ¶ 6. Dennis exited his

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