Rodriguez v. Panarello

119 F. Supp. 3d 331, 2015 U.S. Dist. LEXIS 104282, 2015 WL 4722613
CourtDistrict Court, E.D. Pennsylvania
DecidedAugust 10, 2015
DocketCivil Action No. 13-7632
StatusPublished
Cited by6 cases

This text of 119 F. Supp. 3d 331 (Rodriguez v. Panarello) 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
Rodriguez v. Panarello, 119 F. Supp. 3d 331, 2015 U.S. Dist. LEXIS 104282, 2015 WL 4722613 (E.D. Pa. 2015).

Opinion

MEMORANDUM

McHUGH, District Judge.

I. Introduction

This is a tragic case in which a New Year’s indulgence involving marijuana laced with PCP led Plaintiff Carlos Rodriguez to engage in a streak of vandalism to automobiles in a residential neighborhood of- Philadelphia, He ultimately faced off with police, as he jumped on the roof of a car. Plaintiff refused to comply with officers’ commands, and. against a backdrop of uncertainty as to whether he was armed, an officer crept behind him and discharged a Taser, causing Plaintiff to fall,to the ground. That fall, in turn, led to a spinal injury- and paraplegia. Although Mr. Rodriguez’ plight is compelling, given the admitted facts of the case, I cannot conclude that the officers’ conduct amounts to a deprivation, of civil rights. Accordingly, I am obligated to grant Defendants’ .Motion for Summary Judgment. ,

II. Facts

a. The Incident of January 1, 2012

The essential facts in this case are not in dispute. Before midnight on January 1, 2012, police received a series of calls about a male vandalizing cars on the 6600 block of Large Street in Philadelphia. The Court will take judicial notice that the immediate area where this incident occurred is residential, densely populated with row homes. Three calls reported a male vandalizing vehicles. A fourth call reported that he was breaking mirrors off cars and throwing them at houses. -A fifth caller reported that a man was breaking into a car, that three gunshots had been fired, and people were screaming. At that point, the two individual Defendants in this case, Officer Michael Panarello and Officer [336]*336Brian McDevitt, were dispatched to the scene. After their dispatch, police radio received another call reporting a person with a gun at that same location who was jumping on vehicles. These calls are documented in a City of Philadelphia Computer Automated Dispatch Report. Defendants’ Motion at Ex. A.

According to deposition testimony from the individual Defendants, the information provided by these radio calls was the only information they had upon arrival'at the scene. Dep. Panarello, 25: 9-26; Dep. McDevitt, 12:10-13. When -police arrived, they found Plaintiff jumping on the roof of a car. Several officers testified that Plaintiff was shouting obscenities and making “quick movements” and acting “aggressive.” Dep. Panarello 30:24, 33:10-11. According to their depositions, the officers ordered Plaintiff to show his hands, but he kept his hands in his pockets. - Dep. Pa-narello 20:7-8; Dep. McDevitt 15:16-21; Dep. Bennett 14:2-3. Another officer described movement toward his waist area and pockets. Def. Quinn, 18:12-24. A crowd of civilians was present. Dep. Pa-narello 27:10-14; 80:12-21.

. Based on his experience as a police officer, Defendant Panarello • believed that Plaintiff was under the influence of PCP. Dep. Panarello 33:21-23. His intuition was correct, because Mr. Rodriguez tested positive for phencyclidine when he -was admitted to the hospital that night. At deposition, Plaintiff also acknowledged smoking, marijuana and having consumed two beers before the incident. Dep. Carlos Rodriguez 46:24-47:7. Further based-on his experience, Officer Panarello was concerned about the tendency of individuals high on PCP to be aggressive and violent,1 and he interpreted Mr. Rodriguez’s behavior as an indication that the drug was having such an effect. Dep. Panarello, 33:21-23. Three officers were sufficiently concerned to have drawn their service weapons. Dep. Bennett 13:2-11; Dep. McDevitt 18:23. Officer Panarello had a concern for the civilians present and worried that any attempts tp move them would still expose them to jeopardy from a possibly armed suspect. Dep. Panarello 27:10-14; 80:12-21. Officer Panarello also testified to a concern, based on experience, that a suspect can discharge a weapon through clothing. Id at 28:5-14.

Officer Panarello moved behind Plaintiff and fired a Taser at him. Officer Panarello concedes he did not warn Plaintiff about the Taser, explaining at deposition that he feared for his safety and did .not want to give away his position before deploying the Taser. Dep. Panarello 19:18-20:2. The Taser’s prongs .struck Plaintiff, and Plaintiff fell off the roof of the car on which he was standing. Officers handcuffed Plaintiff after he fell. Several police witnesses testified he was still resisting after the fall. Dep. McDevitt 23-24; Dep. Bennett at 27; Dep. Quinn 9-16; 28-29. According to the report of the Philadelphia Fire EMS, vital signs could not be taken because the patient was combative. Exhibit H, page 1 at 22:31.

[337]*337The City of Philadelphia has a Directive concerning Use of Force, Directive 22, that addresses the use of Electronic Control Weapons (ECW) such as Tasers. That directive, in Appendix A, is intended to provide “guidance and direction” on the use of Tasers. In paragraph 10, it provides: “The ECW SHALL NOT be used ... [a]gainst a subject when in an elevated position where a fall may cause substantial injury or death.” Significantly, however, the guidelines for use of a Taser are to be applied “in the context of the Use of Force Continuum.” Directive 22-1. The Use of Force Continuum itself then further provides: “The level of response is based upon the situation encountered at the scene and the actions of the subject in response to the officer’s commands. Such response may progress from the officer’s physical presence at the scene to the application of deadly force.” Directive 22-3. To his credit, Officer Panarello candidly acknowledged that he violated the literal terms of Directive 22 by discharging his Taser at a suspect who was elevated, qualifying that violation as his effort to use less than deadly force. Id. at 44, 64. Both Officer Panarello and Officer McDevitt had been trained in the proper use of Tasers and were certified to use them by the Philadelphia Police Department.

b. Plaintiffs Complaint

Plaintiff alleges violations of his Fourth, Fifth, Eighth, and Fourteenth Amendment rights by the individual officers involved in the incident and by the City of Philadelphia.

Count I alleges a violation of Plaintiffs’ civil rights pursuant to 42 U.S.C. § 1988, contending that Officer Michael Panarello, Officer Brian McDevitt, and other unidentified officers violated Plaintiffs Fifth, Eighth, and Fourteenth Amendment rights to due process, freedom from excessive use of force, and freedom from cruel and unusual punishment.

Count II alleges that the City of Philadelphia was deliberately indifferent to the need to implement policies, customs, and practices about the appropriate use of force, supplemented by Count III alleging that the City “has adopted policies, procedures, practices or customs ... that allow the use of excessive force.” Complaint ¶ 33.

Count IV alleges that police officers violated Plaintiffs Fourth, Fifth, Eighth, and Fourteenth Amendment rights by placing him in handcuffs even though he was paralyzed.

Finally, Count V alleges a state law tort of assault and battery' against the police officers.

c. Procedural Posture of the Case

Oral argument on the motion was held on March 19, 2015.

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Bluebook (online)
119 F. Supp. 3d 331, 2015 U.S. Dist. LEXIS 104282, 2015 WL 4722613, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodriguez-v-panarello-paed-2015.