Ware v. Riley

25 F. Supp. 3d 492, 2014 U.S. Dist. LEXIS 32378, 2014 WL 1018350
CourtDistrict Court, D. Delaware
DecidedMarch 12, 2014
DocketCiv. No. 10-629-SLR
StatusPublished
Cited by2 cases

This text of 25 F. Supp. 3d 492 (Ware v. Riley) is published on Counsel Stack Legal Research, covering District Court, D. Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ware v. Riley, 25 F. Supp. 3d 492, 2014 U.S. Dist. LEXIS 32378, 2014 WL 1018350 (D. Del. 2014).

Opinion

[496]*496OPINION

ROBINSON, District Judge

I. INTRODUCTION

Plaintiff Christopher J. Ware (“plaintiff’), who proceeds pro se, filed this lawsuit alleging violations of his constitutional rights pursuant to 42 U.S.C. § 19831 and raising supplemental state claims for actions taken during the investigation of a suspected break-in at plaintiffs residence following the triggering of an alarm system. A bench trial was held November 20 and 21, 2013. (D.I. 94, 95) The court has jurisdiction pursuant to 28 U.S.C. § 1331 and § 1367(a), Having considered the documentary evidence arid testimony, the court makes the following findings of fact and conclusions of law pursuant to Fed. R.Civ.P. 52(a).

II. FINDINGS OF FACT

A. The Parties

1. Plaintiff Christopher J. Ware is a citizen of the State of Delaware who rented a room at 608 W. 9th Street, Wilmington, Delaware on the date in question.2 (D.I. 2; D.I. 94 at 84:25, 110:15-18) Plaintiff is currently a student at the University of Delaware. (D.I. 94 at 109:10-12) At one time, he was a bail bonds agent. (Id. at 65:11-14)

2. Defendant Todd Riley (“Riley”) currently works for the United States Drug Enforcement Administration. He formerly worked for the Wilmington Police Department and was deployed as backup patrol on the date in question. (D.I. 94 at 131:15-25,167:11-16)

3. Defendant Kimberly Pfaff (née Donahue) (“Pfaff’) was employed by the Wilmington Police Department on the date in question and is currently a senior corporal in the department. (D.I. 95 at 180:8-16)

B. The Alarm .

4. A residential burglar alarm, monitored by Tri-State Alarm Company, activated the front door at 608 W. 9th Street on the date in question. (D.I. 94 at 85:18-20,172:10-12; D.I. 95 at 184:3-6)

5. Plaintiff, who was asleep in a third floor bedroom, walked' to the first floor, deactivated the alarm, and returned to bed. (Dil. 94 at 85:20-23, 86:1-2, 88:1-2) The monitoring station called both the police department and plaintiff, and plaintiff advised the monitoring station that it was a false alarm. (D.I. 94 at 86:2-4; D.I. 95 at 184:14-18) The monitoring station indicated to plaintiff that it would call the property owner, Howard A. Sudler, Jr. (“Sudler”). (D.I. 94 at 86:7-8)

6. Plaintiff also called Sudler, who advised plaintiff that he would contact Michele Green (“Green”), another individual who lived in the property. (D.I. 94 at 86:10, 21-23) Green called plaintiff and told him that she was in the house, but was leaving because she had a capias and a police car was coming down the street and she was worried she would be arrested. (Id. at 87:1, 7-9) Plaintiff told Green to [497]*497lock the door and close it. (Id. at 87:13-14) Plaintiff again returned to bed. (Id. at 87:19)

C. Search of the Premises

7. Riley, Pfaff, and Wilmington Police Officer Scott Gula (“Gula”) responded to the activated alarm at 608 W. 9th Street to conduct a property check. (D.I. 94 at 50:10-13, 132:9-11, 140:8-10, 141:15; D.I. 95 at 185:8-9, 186:15-16) Riley, who was by himself, was the first to arrive, followed by partners Pfaff and Gula. (D.I. 94 at 53:8-13, 142:2, 11-12) Gula does not recall being present and could not give any details of his response to the alarm. (Id. at 58:12-15)

8. When Riley arrived, the front door was open which suggested a possible burglary in progress and that the suspect could be inside the premises. (D.I. 94 at 142:3-9; D.I. 95 at 187:4-6) He advised Pfaff and Gula that the residence would be searched due to the open door. (D.I. 94 at 142:11-13) The police officers stayed together and conducted a slow, methodical search of the entire residence, called “clearing the house,” looking for a suspect, signs of a burglary, and/or threats to determine whether a crime was committed. (D.I. 94 at 156:21-25, 157:1-6, 158:12, 160:20; D.I. 95 at 187:8-11)

9. The premises has three floors and nothing suspicious was found on the first two floors. (D.I. 94 at 143:2-5) On the third floor, the officers searched the rooms that were open and unlocked and came to a room with a locked door. (Id. at 143:15-21) It was the only secured door in the residence. (Id. at 143:22-24)

10. Plaintiff, who was awakened from his sleep, heard footsteps and quiet radio chatter in the third floor hallway. (Id. at 87:22-24, 88:9-10) He recognized the dispatcher and presumed it was either the police or security personnel. (Id. at 111:8— 16, 111:22) He did not announce himself. (Id. at 88:15-16) While the police were in the third floor area, plaintiff got out of bed, activated a video camera, and returned to bed. (Id. at 116:17-22, 117:8-13) Plaintiff was nude, but did not put on his clothes at that time. (Id. at 117:14-19)

D. Search of the Third Floor Bedroom

11. As plaintiffs bedroom door was locked, the police knocked and announced themselves. There was no response. The police opened the door either by force or manipulating the lock, and uniformed police officers entered the room with guns drawn stating, “hands, hands.” (D.I. 94 at 88:21-25, 110:19-21, 143:1-3, 13-14; D.I. 95 at 189:9-12, 22-24, 205:7-21) According to defendants, when they entered the room, they were unable to see plaintiffs hands because he was covered with a blanket, and plaintiff did not comply with an order to show his hands. (D.I. 94 at 145:1-11; D.I. 95 at 190:2-4, 7-9) Plaintiff, who was nude and lying on a mattress under the covers, testified that he showed his hands. (D.I. 94 at 89:7; 100:17) One of the officers removed the blanket from plaintiff and found him naked. (D.I. 94 at 145:13; D.I. 95 at 190:11-14)

12. Plaintiff and Riley recognized each other from plaintiffs appearances in court as a bail bondsman. (D.I. 94 at 89:11, 145:21-25, 146:1-2) Pfaff also recognized plaintiff as a bail bondsman, and she stated to the other officers, “he’s a bail bondsman.” (D.I. 94 at 89:15-16; D.I, 95 at 190:22-25, 190:1-3, 11-13, 199:20-25, 200:1-6) Pfaff hoped that by informing the other officers that plaintiff was a bail bondsman, plaintiff would recognize Pfaff and it would compel him to be a little more cooperative so the matter would resolve quickly. (D.I. 95 at 220:10-15) Neither Riley nor Pfaff knew plaintiffs name or [498]*498where plaintiff lived. (D.I. 94 at 146:3-6; D.I. 95 at 191:4-8)

E. Identification of Plaintiff

13. Plaintiff testified that police officers asked his name twice, that he was asked for identification, and that he provided both. (D.I. 94 at 90:8-9, 14-15, 24-25, 119:24-120) Riley also asked plaintiff his name but, because it was the third time plaintiff had been asked the question, he did not respond and, in turn, Riley asked plaintiff if he wanted to be arrested. (Id.

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Bluebook (online)
25 F. Supp. 3d 492, 2014 U.S. Dist. LEXIS 32378, 2014 WL 1018350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ware-v-riley-ded-2014.