Ozga v. Elliot

150 F. Supp. 3d 178, 2015 U.S. Dist. LEXIS 169812, 2015 WL 9286767
CourtDistrict Court, D. Connecticut
DecidedDecember 21, 2015
DocketNo. 3:12-cv-00231 (JAM)
StatusPublished
Cited by12 cases

This text of 150 F. Supp. 3d 178 (Ozga v. Elliot) 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
Ozga v. Elliot, 150 F. Supp. 3d 178, 2015 U.S. Dist. LEXIS 169812, 2015 WL 9286767 (D. Conn. 2015).

Opinion

ORDER GRANTING MOTION FOR SUMMARY JUDGMENT

Jeffrey Alker Meyer, United States District Judge

On the afternoon of September 27, 2011, young Joseph Ozga tragically took his life with a gun at his home in Southington, Connecticut. He took his life shortly after a dispute with’ his father — plaintiff Edward Ozga. Convinced that Joseph had been stealing from him, Ozga angrily called 9-1-1 to have Joseph removed from the home. When the police arrived just a few minutes later, they found Joseph on the floor, barely alive and with a gunshot wound to the head.'

It is clear now that Joseph’s death was a suicide. But that was far from clear when the police first arrived and when they were met at the door by an angry Edward Ogza and then soon discovered Joseph’s body inside. The police promptly detained Ozga in handcuffs in a police car outside the house for about 20‘minutes, while an ambulance came to rush Joseph to the hospital. The police then removed Ogza from the police car and removed his handcuffs. Ogza alleges that he was then ordered by a senior police official to go with a police detective to the police station to furnish a statement. Late in the afternoon as Ozga was completing-his statement to the police and about to leave,-the-police advised him that they had heard from- the hospital that Joseph had died. Ozga-was devastated' by this news and very upset -that he had not been at the hospital — rather than the police station — to be with, his son.

Ozga has now . filed this, lawsuit principally claiming that he. was subject to false arrest and false imprisonment by the police that day. I conclude that all the police officer defendants have qualified immunity from this lawsuit-that no reasonably objective police officer would have known that the police were violating Ogza’s rights by initially detaining him and then by conducting the later investigation at the police station as they did. Accordingly,' I will grant defendants’ motion for summary judgment

Background

• For purposes of my review of defendants’ summary judgment motion, I must consider the facts.in the light most favorable to plaintiffs as the non-moving parties.1 Plaintiffs Edward and Robin Ozga lived in September 2011 with their son, Joseph, in Southington, Connecticut. Joseph had a history of drug addiction and had recently admitted to his parents that he had stolen $8,000 or $9,000 and jewelry from them. Joseph had also previously expressed thoughts of :harming himself, had been diagnosed with a major mental illness, and had been hospitalized because [183]*183of threats of suicide. See Doc. # 23-2 at 2; Doc. # 29-2 at 3, 8; Doc. # 30 at 4.

Events at the Ozga Home

On September 27, 2011, Edward Ozga was at home with his son, while Robin Ozga was at her job where she worked as a nurse. A dispute arose between Ozga and Joseph after Ozga noticed'■ that his video recorder was missing and accused Joseph of stealing it. Ozga was mad and aggravated. He called his son ■ a drug addict and a thief and told him that now he would go to jail as he then ealled 9-1-1 to summon the police. See Doc. # 29-2 at 5, 20; Doc. # 23-15 at 3.

In response to Ozga’s 9-1-1 call, Officer Thomas Porter of the Southington Police Department — who is one of the four named defendants in this action — promptly arrived at the house at about 2:00 pm, Ozga met Officer Porter at the front door, and Ozga was still angry; he told Officer Porter that Joseph was “ripping [him] off,” and told Porter to “Get him the f* *k out of here.” Doc. # 29-2 at 15, 29; see. also Doc. #29^4 at 4 (“I met Porter outside and said this f* *king a* *hole is stealing again and I want him to leave.”). Porter asked if there were any weapons in the house, and Ozga advised that he had a. gun. Doc. # 29-4 at 4.

Ozga then directed Officer Porter inside to the lower level living room of the home where Officer Porter saw a body lying on the floor, unresponsive with blood on his shoulder and neck and with a gun on the floor beside him. There is no indication that anyone heard a gunshot. Officer Porter asked Ozga if the body on the floor was Joseph, and Ozga came up behind Officer Porter and confirmed that' it was. Ozga then stooped down to try to pick up the gun, but Officer Porter told him not to touch it. Officer Porter immediately called dispatch reporting that shots had been fired and summoning an ambulance on a “Priority 1” urgent basis. See , Doc. #23-2 at 3; Doc. #29-2 at 7-8; Doc. # 29-4 at 5.

Events in the Police Car

About two minutes later, Officer Stephen Elliot — another named defendant in this case — entered the house. Officer Porter told Officer Elliot to secure Ozga in his squad car outside the house. According to Ozga, Officer Elliot was aggravated and angry; he grabbed Ozga by'the arm, “horse-collared” him by grabbing his shirt collar at the front of his neck, and led him into the driveway. There, he patted Ozga down for weapons, handcuffed him, and secured him in the back of the police squad car.. Ozga told Officer Elliot that he needed to call his wife Robin, and Officer Elliot said the police would do so. According to Ozga, Officer Elliot twice advised him that he was under., arrest and did so despite Ozga’s protest that he had not done anything wrong. See Doc. # 23-2 at 4; Doc. #29-2 at 10-14, 18; Doc. #29-4 at 5; Doc. # 30 at 4-5.

A. third officer — Officer Jeremy Busa, who is also another named defendant in this action — was -assigned to supervise Ozga while he sat in the police car. When Ozga asked Officer Busa about calling his wife, Officer Busa allegedly replied, “Why don’t you just shut up and sit there.” Doc. # 29-2 at 15; Doc. # 30 at 5.

Ozga remained detained in the car for about 20 minutes. During that time he saw paramedics arrive and then remove Joseph (who appeared to be still breathing) on a stretcher from the home. Doc. # 23-2 at 4; Doc. # 29-2 at Í8-19; Doc. # 30 at 5.

Detective Mark Beal — the last of the four defendants sued by Ozga in this action — arrived on the scene and asked the other officers to take Ozga out of the car. The officers let Ozga out and removed the [184]*184handcuffs. See Doc. # 29-2 at 22; At no time was Ozga subject again to any physical restraint by the police.

Detective Beal then told Ozga that he was going to do a gunshot residue (GSR) test on Ozga’s hands, to which Ozga consented, Doc. # 23-2 at 5; Doc. # 29-2 at 22-23. Detective Beal swabbed Ozga’s fingers, and Lieutenant Michael Shanley came over and asked Ozga what had happened. Doc. # 29-2 at 23-24. After Ozga told Lieutenant Shanley the sequence of events, Shanley allegedly told him, “You have to go to the police station and give a statement.” Doc. #29-2 at 24. According to Ozga, Lieutenant Shanley “[ijnsisted I go give a statement.” Ibid.; see also Doc. # 29-4 at 5 (“I was told by Shanley I must go with Beal to give a statement át the police station.”). Lieutenant Shanley said that Detective Beal would drive Ozga to the station and take his statement.2

Events En Route to and at the South-ington Police Station

Ozga rode in the front seat of Detective Beal’s police car to the Southington police station. He remained without handcuffs or any physical restraint throughout the car ride. Doc. # 23-2 at 5; Doc. # 29-2 at 25.

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Cite This Page — Counsel Stack

Bluebook (online)
150 F. Supp. 3d 178, 2015 U.S. Dist. LEXIS 169812, 2015 WL 9286767, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ozga-v-elliot-ctd-2015.