United States District Court, D. Maine
ORDER ON DEFENDANT'S MOTION FOR PARTIAL SUMMARY
TORRESEN, UNITED STATES CHIEF DISTRICT JUDGE
me is the Defendant's motion for partial summary judgment
pursuant to Federal Rule of Civil Procedure 56. (ECF No. 29).
For the reasons stated below, the motion is GRANTED.
case arises out of a warrantless arrest that occurred on the
morning of July 29, 2013. On that morning, then-Oxford County
Sheriff's Department Deputy Sullivan Rizzo (“Deputy
Rizzo” or the “Defendant”) was advised by
the Oxford County Sheriff's Department dispatcher that
there was a domestic dispute at the residence shared by
Pamela Reardon and Susan Kurylo, the Plaintiff in this
matter. Consolidated Statements of Material Fact and Resps.
¶¶ 1, 5-7 (“SMF”) (ECF No. 47). Reardon
had informed the dispatcher that she and her partner were
having problems and that her partner was upset. SMF ¶ 2.
Reardon also informed the dispatcher that her partner would
not permit her to leave the house and had disabled her car.
SMF ¶¶ 3-4.
Deputy Rizzo arrived at the residence, he found Reardon
outside in a wheelchair. SMF ¶ 9. Deputy Rizzo did not
notice any fresh cuts or injuries on Reardon. SMF ¶ 47.
Reardon told him that she had been arguing all morning with
her partner Kurylo and that she wanted to leave the residence
but Kurylo had disabled Reardon's vehicle. SMF
¶¶ 10-11, 46. She also told Deputy Rizzo that
Kurylo kept a gun in a lockbox in the basement of the house.
SMF ¶ 83.
had been outside speaking to Reardon when Deputy Rizzo
arrived in his police car, but she went inside when the
police car pulled up. Pl.'s Ans. to Interrog. 7 (ECF No.
35). While Deputy Rizzo was attempting to figure out what was
wrong with Reardon's car, Kurylo came back outside
because she did not want Deputy Rizzo to damage the car.
Pl.'s Ans. to Interrog. 7. Deputy Rizzo asked Kurylo if
she disabled the car, and she initially told him that she did
not. Pl.'s Ans. to Interrog. 7. Kurylo later admitted to
Deputy Rizzo that she had disabled Reardon's vehicle to
keep her from driving. SMF ¶ 12. Both Kurylo and Reardon
told Deputy Rizzo that Reardon was not supposed to drive per
her doctor's order. SMF ¶¶ 49-51.
point, Kurylo told Reardon that she was going back inside to
finish feeding their pets, and Reardon said that she wanted
to get some of her things from the house. Pl.'s Ans. to
Interrog. 8-9. Kurylo said to Reardon that she could come
inside the house to get her things. See SMF ¶ 52.
Kurylo went back inside the house, Deputy Rizzo bolted after
her. SMF ¶ 59. When Kurylo was a few feet inside the
house, she heard a loud bang, and the door flew open and
struck her in the back. SMF ¶¶ 61-62, 65; Pl.'s
Ans. to Interrog. 9. Kurylo realized that Officer Rizzo had
kicked the door open, and she noticed Deputy Rizzo's sole
print scratched into the paint of the entry door. SMF
¶¶ 66-67. Deputy Rizzo then grabbed her, a struggle
ensued, and Kurylo was placed under arrest for assaulting
him. See SMF ¶¶ 20, 69, 75.
was taken by an ambulance to a local hospital because she
sustained injuries during her arrest. SMF ¶ 37. After
the arrest, Deputy Rizzo conducted a recorded interview with
Reardon about the incident. SMF ¶¶ 25-26. She told
Deputy Rizzo that Kurylo had been physically and verbally
abusive with her in the past. SMF ¶ 27. Reardon also
told Deputy Rizzo that Kurylo was screaming at her that
morning and that she had attempted to leave, but Kurylo
grabbed her bag and wallet. SMF ¶ 29. Reardon said that
Kurylo had gotten right up against her and leaned into her so
hard that she would have fallen down if she had not been up
against a bed. SMF ¶¶ 30-31. Reardon was afraid
that Kurylo would hit her because she had hit her in the
past. SMF ¶¶ 32-33.
in the afternoon at the Brownfield Substation, Deputy Rizzo
gave Kurylo three summonses for assault, domestic violence
assault, and criminal restraint. SMF ¶¶ 39-40.
Kurylo was not deprived of her liberty at any time following
her arraignment. SMF ¶ 44. All of the criminal charges
brought against her were eventually dismissed. SMF ¶ 85.
judgment is appropriate when there is no genuine dispute of
material fact and the moving party is entitled to judgment as
a matter of law. Fed.R.Civ.P. 56(a). “A dispute is
genuine if the evidence about the fact is such that a
reasonable jury could resolve the point in favor of the
non-moving party.” Johnson v. Univ. of P.R.,
714 F.3d 48, 52 (1st Cir. 2013) (citation and quotations
omitted). “A fact is material if it has potential to
determine the outcome of the litigation.” Id.
On a motion for summary judgment, courts construe the record
in the light most favorable to the non-movant and resolve all
reasonable inferences in the non-movant's favor.
Burns v. Johnson, 829 F.3d 1, 8 (1st Cir. 2016).
filed this three-count lawsuit in December of 2014.
See Compl. (ECF No. 3-3). She presses claims for
false arrest, excessive force, and malicious prosecution
under 42 U.S.C. § 1983. Compl. ¶¶ 29-39.
Deputy Rizzo's motion for summary ...