Estate of Arrington v. Michael

914 F. Supp. 2d 650, 2012 WL 6609799, 2012 U.S. Dist. LEXIS 179222
CourtDistrict Court, E.D. Pennsylvania
DecidedDecember 19, 2012
DocketCivil Action No. 11-cv-4534
StatusPublished

This text of 914 F. Supp. 2d 650 (Estate of Arrington v. Michael) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Estate of Arrington v. Michael, 914 F. Supp. 2d 650, 2012 WL 6609799, 2012 U.S. Dist. LEXIS 179222 (E.D. Pa. 2012).

Opinion

MEMORANDUM AND ORDER

JOYNER, Chief Judge.

Before the Court are the Defendants’ Motion for Summary Judgment (ECF No. 21) and the Plaintiffs Motion for Partial Summary Judgment (ECF No. 24). For the reasons set forth in this Memorandum, we grant the Defendants’ Motion in part and deny it in part, and we deny the Plaintiffs Motion.

[653]*653I. BACKGROUND

This matter arises out of the tragic deaths of the Plaintiffs decedent, Andrea Yvonne Arrington, and Aaron Michael, the son of Defendant Officer John Michael. (Def.’s Stmt, of Material Facts (the “Def.’s SMF”) ¶¶ 1-2.) The Plaintiff principally asserts that, because Aaron Michael shot and killed Ms. Arrington with Officer Michael’s inadequately secured police-issued service weapon, Officer Michael and his employer, the City of Chester (the “City”), deprived Ms. Arrington of her constitutional rights and should bear liability pursuant to 42 U.S.C. § 1983. (See generally Compl.)

A. The Relationship Between Aaron Michael and Ms. Arrington

Ms. Arrington and Aaron Michael shared an apartment with their young son in Chester beginning in 2007. (Def.’s SMF ¶ 3.) On July 2, 2009, Ms. Arrington filed a petition in the Court of Common Pleas of Delaware County seeking a Temporary Protection From Abuse Order. Id. ¶¶ 3-4. The petition alleged that Aaron Michael had assaulted Ms. Arrington three to four days earlier and recited other occasions when Aaron Michael had hit or threatened to hit Ms. Arrington. Id. ¶¶ 4-5. The court granted the petition, issued the order (the “July 2 Order”), and scheduled a hearing for July 9, 2009. Id. ¶ 9. The July 2 Order evicted Aaron Michael from the couple’s shared apartment, granted custody of the couple’s son to Ms. Arrington, and forbade Aaron Michael from possessing, transferring or acquiring firearms. Id. ¶ 8; (Def.’s Ex. D-l (the “July 2 Order”), at 10). Following the hearing on July 9, the court issued a final Protection from Abuse Order (the “July 9 Order”) which extended the terms of the July 2 Order for six months. (Def.’s SMF ¶ 10; Pl.’s Ex. K (the “July 9 Order”), at 3.)

On July 14, Aaron Michael violated the July 9 Order by going to the apartment from which the July 9 Order had evicted him and threatening Ms. Arrington. (Def.’s SMF ¶ 11.) Specifically, Aaron Michael threatened physical harm if Ms. Arrington contacted law enforcement to report the violation of the July 9 Order. Id. Ms. Arrington reported the violation after Aaron Michael fled the apartment. Id.

A Chester police officer, William Swanson, responded to Ms. Arrington’s call. Id. ¶ 12. Officer Swanson investigated, prepared a police report, and filed a criminal complaint against Aaron Michael for violation of the July 9 Order. Id. ¶¶ 12-13; (Defi’s Ex. D-5, at 1-2). Officer Swanson also requested a warrant for Aaron Michael’s arrest. (Def.’s SMF ¶ 13.) Despite Officer Swanson filing the request for the arrest warrant on July 15, the warrant did not issue until July 20. Id. ¶¶ 14-15; (Def.’s Ex. D-6, at 1).

After Aaron Michael violated the July 9 Order, he went to stay with another woman with whom he had a romantic relationship, Ashley Miller. (Def.’s SMF ¶39.) Between July 14 and July 20, Aaron Michael primarily stayed with Ms. Miller, believing that Officer Michael had “set him up” to be arrested. Id.; (Def.’s Ex. D-23 (the “Miller Dep.”), at 26:19-27:17 (Feb. 15, 2011)).

B. Officer Michael’s Actions

After the July 2 Order issued, a colleague on the police force informed Officer Michael about it. (Def.’s Ex. D-24 (the “Michael Dep.”), at 11:23-12:16 (Oct. 24, 2011).) The same day, July 2, Officer Michael told Aaron Michael about the July 2 Order. Id. at 12:13-13:12. Aaron Michael then came to Officer Michael’s home. Id. at 13:13-15:9.

Aaron Michael had a key to the front door of Officer Michael’s home. Id. at [654]*6549:17-11:22. Aaron Michael stored some of his personal effects at Officer Michael’s home and continued to receive mail there through July 2009. Id. at 14:20-20:20, 62:22-63:9. Sometimes, he would come to Officer Michael’s home when Officer Michael was not present. Id. at 19:5-25. Officer Michael also knew of his son’s extensive criminal history, including threatening a former romantic partner, check fraud, and theft. Id. at 6:6-8:22.

After Officer Michael told his son about the July 2 Order, the two men discussed its accusations; Officer Michael also advised his son that, should he need to go to the apartment he shared with Ms. Arrington to retrieve certain of his personal effect, he should go escorted by police officers. Id. at 21:6-27:6. Aaron Michael, citing the upcoming holiday weekend, left Officer Michael’s house to stay with certain unspecified friends. Id. at 25:24-26:12.

Early on the morning of July 15, a friend of Aaron Michael’s called Officer Michael to tell him that Aaron Michael had violated the July 9 Order. (Def.’s SMF ¶ 32.) Officer Michael then telephoned a superior of his in the Chester Police Department (the “Department”), Captain Amaro, who told Officer Michael that a warrant for his son’s arrest would issue. (Michael Dep. at 69:15-70:25 (Oct. 24, 2011).)

Although Officer Michael tried to reach his son by telephone, he could not do so. Id. at 71:1-73:3. As a result, on July 16, Officer Michael wrote his son two notes, id. at 66:14-67:21, and left them on the dining room table in his home, next to mail addressed to Aaron Michael, in the hope that, if Aaron Michael came to retrieve his mail, he would see the notes, id. at 73:9-74:8.

The first note, four pages long, asked Aaron Michael to turn himself in based on the outstanding warrant and discussed the benefits of surrendering in comparison to attempting to evade the warrant. (Michael Dep. Ex. 6, at 1-4.) This note also offered Aaron Michael a $1,500 “bonus” for surrendering, offered to pay any bail imposed, and referred to the situation as “not that serious.” Id. at 4. The second note, two pages long, also pleaded with Aaron Michael to surrender himself and noted that Aaron Michael’s probation officer “will do what he can for [Aaron Michael], he knows [Officer Michael] is a police officer. They will give you a courtesy break. [Officer Michael] already talked to people, but in order to get this one time break, [Aaron Michael] ha[s] to turn [him]self in.” (Michael Dep. Ex. 7, at 1-2; Michael Dep. at 81:16-21 (Oct. 24, 2011).) It appears that Officer Michael also left a copy of Officer Swanson’s police report about the July 14 incident with the two notes. (See Def.’s Ex. D-10, at 23; Pl.’s Mot. for Partial Summ. J. ¶ 39; Def.’s Response to Pl.’s Cross-Mot. for Summ. J. ¶ 39.)

On Friday, July 17, Aaron Michael called his father and left a message on the answering machine at Officer Michael’s home. (See Michael Dep. at 74:12-75:3 (Oct. 24, 2011).) In the message, Aaron Michael told Officer Michael that he intended to surrender to the authorities once the warrant for his arrest issued. Id. at 74:17-21.

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Bluebook (online)
914 F. Supp. 2d 650, 2012 WL 6609799, 2012 U.S. Dist. LEXIS 179222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-arrington-v-michael-paed-2012.