Hahn v. City of Kenner

984 F. Supp. 424, 1997 WL 725981
CourtDistrict Court, E.D. Louisiana
DecidedAugust 28, 1997
DocketNo. CIV.A. 96-2425
StatusPublished
Cited by3 cases

This text of 984 F. Supp. 424 (Hahn v. City of Kenner) is published on Counsel Stack Legal Research, covering District Court, E.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hahn v. City of Kenner, 984 F. Supp. 424, 1997 WL 725981 (E.D. La. 1997).

Opinion

ORDER AND REASONS

FALLON, District Judge.

Before the Court are motions for summary judgment filed by the following defendants: 1) the City of Kenner (“Kenner”); 2) Kenner Police Officer Anthony Lombard (“Officer Lombard”); and 3) Kenner Chief of Police Nick Congemi (“Chief Congemi”). Aso before the Court is plaintiffs motion to reconsider Court’s earlier Order granting summary judgment to Kenner Mayor Louis Congemi (“Mayor Congemi”). For the reasons stated below, the motions for summary judgment filed by Kenner and Officer Lombard are GRANTED. Chief Congemi’s motion for summary judgment is GRANTED as to all 42 U.S.C. § 1983 claims, and DENIED as to plaintiffs state law defamation claim. Plaintiffs motion to reconsider the grant of summary judgment to Mayor Congemi is DENIED.

[427]*427I. BACKGROUND

Plaintiff P.J. Hahn (“Hahn”) alleges that on August 24, 1995 he was arrested without probable cause by Officer Lombard, acting at the urging of Chief Congemi. While under arrest, Hahn contends that he suffered unlawful detention, being denied a phone call for several hours, and being released only upon posting an excessive bond. Hahn claims that his arrest and detention violated his constitutional rights. After his release, Hahn claims that Chief Congemi acted in concert with his brother Louis Congemi (later to become Mayor Congemi) and others to delay and otherwise interfere with his criminal proceedings. Hahn asserts that such interference caused a violation of his Fourteenth Amendment due process rights, and his Six Amendment right to a speedy trial. Hahn claims that after his arrest, Chief Con-gemi and Mayor Congemi defamed him by divulging false information about the circumstances surrounding his arrest. Hahn also seeks to hold Kenner liable, primarily for the actions of the individual defendants. Hahn seeks relief from Officer Lombard and Ken-ner under 42 U.S.C. § 1983, and from the Congemis under both 42 U.S.C. § 1983 and state defamation law.

II. ANALYSIS

Summary judgment will be granted only if the pleadings, depositions, answers to interrogatories, and admissions, together with affidavits show that there is no genuine issue as to any material fact and that the defendant is entitled to a judgment as a matter of law. Fed.R.Civ.P. 56. “Rule 56 mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish an essential element of that party’s case, and on which that party will bear the burden of proof at trial.” Willis v. Roche Biomedical Laboratories, Inc., 61 F.3d 313, 315 (5th Cir.1995). If the mov-ant demonstrates the absence of a genuine issue of material fact, “the nonmovant must go beyond the pleadings and designate specific facts showing that there is a genuine issue for trial.” Id. “[A] dispute about a material fact is genuine if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Id.

The burden of demonstrating the existence of a genuine issue is not met by “metaphysical doubt” or “unsubstantiated assertions.” Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir.1994) (quoting Matsushita Elec. Indus. Co. v. Zenith Radio, 475 U.S. 574, 586, 106 S.Ct. 1348, 1355-56, 89 L.Ed.2d 538 (1986)). The Court must “resolve factual controversies in favor of the nonmoving party, but only when there is an actual controversy, that is, when both parties have submitted evidence of contradictory facts.” Id. The Court does not, “in the absence of proof, assume that the nonmoving party could or would prove the necessary facts.” Id. If the record taken as a whole could not lead a rational trier of fact to find for the nonmov-ing party, no genuine issue exists for trial. Matsushita, 475 U.S. at 588, 106 S.Ct. at 1356-57.

Finally, “the mere existence of some factual dispute will not defeat a motion for summary judgment; Rule 56 requires that the fact dispute be genuine and material.” Willis, 61 F.3d at 315. “Only disputes over facts that might affect the outcome of the suit under the governing law will preclude summary judgment.” Id.

A. Officer Lombard’s Motion for Summary Judgment

Hahn claims that Officer Lombard violated his right to be free of arrest and detention. Hahn seeks relief under 42 U.S.C. § 1983. See, e.g., Thomas v. Kippermann, 846 F.2d 1009, 1011 (5th Cir.1988). Lombard asserts that he had probable cause to arrest and detain Hahn and therefore Hahn can not prove a constitutional violation. In the alternative, Lombard asserts a defense of qualified immunity. He seeks summary judgment dismissing Hahn’s claims.

Hahn’s underlying claim against Officer Lombard arises out of Lombard’s arrest of Hahn in the early morning hours of August 24, 1995. At approximately 11:30 p.m. on August 23 Hahn returned to his former residence, occupied by his then-estranged wife and two daughters, to procure some personal items. Also in the house at the time were [428]*428Hahn’s sister-in-law, Shari D’Aunoy, and her Mend, Mary Schroeder. Hahn states that he attempted to free his daughter from what he alleges was Schroeder’s unlawful restraint. Hahn admits that during the said altercation he “grabbed Mary Schroeder’s arm,” and “pushed her away,” (Hahn Deposition at 245.) Hahn believes that at this point D’Aunoy called the police. Hahn admits that he went to the bedroom and picked up clothes and a loaded 9mm Beretta, supposedly to insure that it would not subsequently be misused by his minor children. Hahn states that upon seeing the gun, D’Aunoy and Schroeder ran out of the house. (Hahn Deposition at 252.)

Officer Lombard was dispatched at 11:47 p.m. to handle a domestic dispute involving a weapon. (Pre-trial Order at 11.) Although Hahn claims that he was pointing the gun downward, Hahn admits that he was holding the Beretta when he encountered Lombard as Hahn left the residence. At 12:10 a.m. Lombard placed Hahn under arrest. Hahn was charged with disturbing the peace involving a domestic disturbance, aggravated assault, and simple battery.

Probable cause to arrest defeats a Section 1988 claim based on false arrest. See Fields v. City of South Houston, Texas, 922 F.2d 1183, 1189 (5th Cir.1991); Pfannstiel v. City of Marion, 918 F.2d 1178, 1183 (5th Cir. 1990). “Probable cause exists where the facts and circumstances within the arresting officers’ knowledge are sufficient in themselves to warrant a man of reasonable caution in the belief that the person to be arrested has committed or is committing an offense.” United States v. Mendez,

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144 F. Supp. 2d 622 (S.D. Mississippi, 2000)
Hahn v. City of Kenner
984 F. Supp. 436 (E.D. Louisiana, 1997)

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Bluebook (online)
984 F. Supp. 424, 1997 WL 725981, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hahn-v-city-of-kenner-laed-1997.