Piccone v. Bartels, Jr.

785 F.3d 766, 2015 U.S. App. LEXIS 7582, 2015 WL 2124768
CourtCourt of Appeals for the First Circuit
DecidedMay 7, 2015
Docket14-1989
StatusPublished
Cited by40 cases

This text of 785 F.3d 766 (Piccone v. Bartels, Jr.) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Piccone v. Bartels, Jr., 785 F.3d 766, 2015 U.S. App. LEXIS 7582, 2015 WL 2124768 (1st Cir. 2015).

Opinion

STAHL, Circuit Judge.

Following an encounter between the parties, Defendant, a local police chief, called Plaintiffs’ employer to complain about their behavior during the incident. Plaintiffs filed suit, alleging, inter alia, slander and interference with advantageous business relations. The district court granted summary judgment to Defendant on both counts. We affirm.

I. Background

Colleen Piccone, a resident of New York, is Deputy Associate Chief Counsel to Customs and Border Protection, part of the United States Department of Homeland Security (DHS). Her boyfriend, Peter Quaglia, is a New York-based special agent with the same agency. In January 2008, the Massachusetts Department of Social Services (DSS) and local police began investigating Piccone’s brother, Louis, for alleged child abuse. The state court granted temporary custody of Louis’s three children to DSS. Meanwhile, Louis fled the state with his wife and children. Subsequently, the court issued warrants for the parents’ arrest.

Piccone applied for temporary custody of her brother’s children with the intent of supervising them in the family's Dalton, Massachusetts home. On February 1, 2008, Piccone traveled with Quaglia from New York to Massachusetts to attend a hearing on her application. Before the hearing began, a juvenile court probation officer informed Piccone and Quaglia that someone would need to install a carbon monoxide detector in Louis’s home in order to place the children there in Piccone’s care. On counsel’s advice, Piccone and Quaglia purchased a detector at a local hardware store and headed to Louis’s home to install it before the hearing.

When they arrived, Piccone and Quaglia found two police officers at the house. Defendant John W. Bartels, Jr., chief of the Dalton Police Department, demanded that Piccone and Quaglia identify themselves and told them that they could not enter the dwelling. Piccone presented her driver’s license and Quaglia showed his federal identification. After a tense exchange, Bartels called the juvenile court probation officer, who confirmed that Piccone and Quaglia had been told to install a carbon monoxide detector in the home. Bartels returned to Quaglia and told him that he could enter the house and install the detector. Quaglia did so, and then he and Piccone left for the courthouse.

Later that day, Bartels spoke with a state trooper and expressed his frustration that Quaglia and Piccone were “telling everybody what to do. That — that’s what really gets my ass out.” The state trooper encouraged Bartels to “[m]ake calls to [the federal agency], get someone fired, do something.” Shortly after speaking with the state trooper, Bartels contacted DHS to complain about Plaintiffs’ behavior and spoke with Matthew Carbone, an agent with DHS’s Office of Inspector General. During their conversation, Bartels described his encounter with Plaintiffs at *769 length and told Carbone that he found their conduct unprofessional. 1 After describing how he and his fellow officer asked Plaintiffs for identification and told them that they could not go in the house, Bartels relayed the following information:

Uh and there was a little bit of a uh an argument. You know things were getting a little agitated here. Uh and [my fellow officer and I] were on a ... high anxiety level as it was because we’ve been dealing with this thing for two weeks____But at any rate I told them you’re not going in[to the house], period. Uh until we’re told by the court that you can. And uh they then um you know obeyed what we said. And they went and sat in their car.

Bartels then explained that he had confirmed Plaintiffs’ story about the carbon monoxide detector with the juvenile court probation officer. Carbone replied:

CARBONE: Ok. So their story did pan out.
BARTELS: It did.
CARBONE: It’s just that they really weren’t too social about it.
BARTELS: No. They weren’t.

Carbone pointed out that it was “good” for Piccone and Quaglia that they had explicitly told Bartels that they came to the house on a private matter and not on official federal agency business and “just showed [Bartels] their ID, which happened to be government ID.” Carbone also noted that the “story they gave [Bartels] was actually corroborated because they did have the CO detector.” Bartels acknowledged those facts, but said:

Well there were a lot of — there were a lot of questions as for what authority we had. Um you know and well I — I—it seemed like they didn’t feel that we had the authority to tell them no you’re not going into the house____And not knowing who they were. I mean it was just kind of more of a hassle than we needed to go through.

Bartels expressed his view that Plaintiffs could have “ma[de] things a little bit easier on us” so that the officers didn’t have to “increase” their “level of aggression.” Carbone replied:

CARBONE: Uh clearly unprofessional conduct on their — on their part uh. BARTELS: On that level yes. Now to uh um Mr. Quaglia’s credit, he apologized at the end of all this.
CARBONE: Ok.
BARTELS: Uh and he said ... we’re at a high stress level.... He drove all night to get here....
CARBONE: Mmhm.
BARTELS: Uh and uh uh I can understand that. And I uh told him that. I said listen, I know things are — things are at a fever pitch right now. But we don’t need to go through this type of stuff because it just makes matters worse.
CARBONE: Right.
BARTELS: Uh so um all in all they left in an amicable fashion. I didn’t have any further conversation with Ms. Pic-cone because after the initial conversation, she went into the car, I never spoke with her again.

Bartels went on to note that the situation “was kind of defused” when his fellow officer “cool[ed] [Plaintiffs] down” and Quaglia apologized.

Midway through the conversation, Car-bone inquired, “did you guys believe that *770 ... Quaglia or Colleen knew where the parents were?” Bartels replied that the officers “didn’t ask them specifically” but pointed out:

I can’t believe — they’ve been involved in this thing since the get-go. And I believe it was Colleen’s house ... which was searched by NYPD and that was— hell, that was back on the twenty-fifth of this month — or of last month. So not to know that there áre warrants, I don’t know.

Carbone then asked, “Is it fair to presume that she probably knows where they are, she’s trying to get the ... foster or adoption paperwork done so that she can amicably take custody of the kids and then the parents would turn themselves in?” Bartels replied in the affirmative: “I think that’s their motive. Uh I think they want to uh get the kids situated. And. then let uh the parents uh you know deal with their criminal charges here.”

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Cite This Page — Counsel Stack

Bluebook (online)
785 F.3d 766, 2015 U.S. App. LEXIS 7582, 2015 WL 2124768, Counsel Stack Legal Research, https://law.counselstack.com/opinion/piccone-v-bartels-jr-ca1-2015.