Michael Reynolds v. Municipality of Norristown ( 2017 )


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  •                                                                     NOT PRECEDENTIAL
    UNITED STATES COURT OF APPEALS
    FOR THE THIRD CIRCUIT
    _____________
    No. 17-1236
    _____________
    MICHAEL REYNOLDS
    v.
    MUNICIPALITY OF NORRISTOWN, a/k/a Borough of Norristown;
    RUSSELL J. BONO; OFFICER CHARLES DOUGLASS, Badge #191;
    CORPORAL JOSEPH BENSON, Badge #178; OFFICER BRIAN GRAHAM, Badge
    #226; OFFICER LINDSEY TORNETTA; SERGEANT TIMS, Badge #109;
    SERGEANT LANGDON, Badge #161
    Officer Charles Douglass, Corporal Joseph Benson,
    Officer Lindsey Tornetta, Sergeant Tims,
    Appellants
    ______________
    On Appeal from the United States District Court
    for the Eastern District of Pennsylvania
    (E.D. Pa. No. 2-15-cv-00016)
    District Judge: Honorable Nitza I. Quinones Alejandro
    ______________
    Submitted Under Third Circuit L.A.R. 34.1(a)
    September 27, 2017
    ______________
    Before: SMITH, Chief Judge, McKEE and RESTREPO, Circuit Judges.
    (Filed: November 16, 2017)
    ______________
    OPINION*
    ______________
    *
    This disposition is not an opinion of the full Court and, pursuant to I.O.P. 5.7,
    does not constitute binding precedent.
    RESTREPO, Circuit Judge.
    Officer Douglass, Corporal Benson, Officer Tornetta, and Sergeant Tims appeal
    the District Court’s decision not to grant them qualified immunity in Michael Reynolds’
    § 1983 suit against the Borough of Norristown and a number of its law enforcement
    officers. For the reasons that follow, we will vacate and remand for a more robust
    qualified immunity analysis by the District Court.
    I
    As we write for the benefit of the parties, we set out only the facts necessary for
    the discussion that follows. On January 14, 2013, Norristown Police Corporal Joseph
    Benson (“Benson”) and Officer Charles Douglass (“Douglass”) discovered Michael
    Reynolds (“Reynolds”) inside a parked, running vehicle with damage to its front and
    passenger side. Reynolds appeared disoriented, exhibited slurred speech, and had
    difficulty standing up, but did not smell like alcohol or exhibit signs of drug use, and
    denied that he had engaged in either. The officers searched Reynolds’ car and person and
    found no evidence of alcohol or drug consumption.
    The officers summoned paramedics and opined that Reynolds was under the
    influence of drugs and that his condition was likely not accident-related. Both the
    paramedics and Benson agreed, however, that Reynolds’ symptoms could be diabetes-
    related1 and asked Reynolds if they could test his blood sugar levels. Reynolds refused,
    1
    Reynolds has not produced any medical or other evidence showing he was ever
    diagnosed with diabetes.
    2
    and was subsequently arrested and transported by Douglass to the Norristown Police
    Department headquarters. Benson remained on the scene, where he was told by
    Reynolds’ sister that Reynolds suffered from diabetes and hypertension and that he
    should be taken to the hospital. Benson refused.
    Douglass arrived at Norristown Police Department headquarters at approximately
    1:00 AM and carried an incapacitated Reynolds into the station. Douglass listed
    Reynolds as intoxicated on an intake form and notified Sergeant Tims—who determined
    whether detainees required medical assistance—of Reynolds’ condition. Tims agreed
    that Reynolds was simply intoxicated and the officers dragged Reynolds onto a holding
    cell cot. Shortly thereafter, Reynolds rolled off of the cot and onto the floor, where he
    remained until 8:00 AM. Appellee alleged that during the night, officers including
    Officer Lindsey Tornetta walked past Reynolds’ cell and left him on the floor without
    assistance. Around 8:00 AM, officers returned to Reynolds’ cell, where they found him
    unresponsive and summoned an ambulance. Reynolds was transported to Mercy
    Suburban Hospital where he was diagnosed with a cerebral hemorrhage and transferred to
    Thomas Jefferson University Hospital for treatment.
    Reynolds filed an action in the United States District Court for the Eastern District
    of Pennsylvania on January 5, 2015, alleging, inter alia, violations of his civil rights
    under 
    42 U.S.C. § 1983
     for (1) false arrest and imprisonment; and (2) failure to provide
    adequate medical treatment. The Complaint named Officer Douglass, Corporal Benson,
    Sergeant Tims, and Officer Tornetta as defendants, among others. Appellants moved for
    summary judgment, arguing that they were entitled to sovereign immunity because the
    3
    arresting officers reasonably believed they had probable cause to arrest Reynolds, and
    because Reynolds refused medical treatment at the scene of the accident. The District
    Court rejected Appellants’ arguments, explaining its decision not to extend qualified
    immunity in a two-sentence footnote. Accordingly, Appellants’ motion for summary
    judgment on the basis of qualified immunity was denied.
    Appellants timely appealed the District Court’s denial of summary judgment on
    the basis of qualified immunity for both the false arrest claims and the inadequate
    medical treatment claims.
    II2
    Police officers are entitled to qualified immunity unless the alleged facts, viewed
    in the light most favorable to the plaintiff, show that (1) each officer’s conduct violated
    one of plaintiff’s constitutional rights; and (2) the right at issue was clearly established at
    the time of the violation. Saucier v. Katz, 
    533 U.S. 194
    , 20102 (2001). “The relevant,
    dispositive inquiry in determining whether a right is clearly established is whether it
    would be clear to a reasonable officer that his conduct was unlawful in the situation he
    confronted.” 
    Id. at 202
    . This inquiry “must be undertaken in light of the specific context
    of the case,” 
    id. at 201
    , and must consider the “state of the law when the [conduct]
    occurred[,]” Fields v. City of Phila., 
    862 F.3d 353
    , 361 (3d Cir. 2017).
    2
    The District Court had jurisdiction in this case under 
    28 U.S.C. §§ 1331
     and
    1343(a)(3). Our review of a district court’s denial of summary judgment on the basis of
    lack of qualified immunity is plenary. Dougherty v. School Dist. of Phila., 
    772 F.3d 979
    ,
    986 (3d Cir. 2014). That review includes “whether the set of facts identified by the
    district court is sufficient to establish a violation of a clearly established constitutional
    right.” Ziccardi v. City of Phila., 
    288 F.3d 57
    , 61 (3d Cir. 2002).
    4
    In assessing a police officer’s qualified immunity claim, the district court must
    include “at a minimum, an identification of relevant factual issues and an analysis of the
    law that justifies the ruling with respect to those issues.” Forbes v. Twp. of Lower
    Merion, 
    313 F.3d 144
    , 149 (3d Cir. 2002). A district court may not deny a summary
    judgment motion based on qualified immunity without “specify[ing] those material facts
    that are and are not subject to genuine dispute and explain[ing] their materiality.” 
    Id. at 146
    . Additionally, where multiple defendants seek qualified immunity against suit based
    on the same underlying factual circumstances, the district court must “analyze separately
    the conduct of each City Defendant.” Grant v. City of Pittsburgh, 
    98 F.3d 116
    , 123 (3d
    Cir. 1996).
    In this case, Appellants asserted qualified immunity on Appellee’s false arrest
    claim and inadequate medical care claim. In declining to extend qualified immunity,
    however, the District Court did not specify the relevant material facts or analyze those
    facts in the context of each legal claim made by the Appellants. Nor did the District
    Court conduct separate analyses for each individual seeking qualified immunity, although
    each defendant interacted with Reynolds in different ways and at different times
    throughout Reynolds’ detainment. As a result, the District Court’s opinion does not
    reflect the robust analysis directed by our holding in Forbes. We appreciate the burden
    that Forbes and Grant impose on district courts when a plaintiff files multiple claims
    against multiple defendants from the same underlying facts, but nevertheless, that
    analysis must be undertaken.
    5
    III
    We will therefore vacate the District Court’s denial of summary judgment on the
    basis of qualified immunity, and remand for the District Court to specify which material
    facts, if any, preclude qualified immunity as to (1) the false arrest claims against Corporal
    Benson and Officer Douglass, and (2) the inadequate medical treatment claims against
    Corporal Benson, Officer Douglass, Sergeant Tims, and Officer Tornetta, under the
    relevant standards for each claim.
    6