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Gray v. Hara

United States District Court, D. Delaware

January 23, 2018

MARIE GRAY and CATHY JONES, Plaintiffs,
v.
ASHLEY HARA, in her individual capacity only, and JOSH KOSIOROWSKL in his individual capacity only, Defendants.

          MEMORANDUM

         I. INTRODUCTION

         Plaintiffs Marie Gray and Cathy Jones filed this action against Defendant Officers Ashley Hara and Josh Kosiorowski, in their individual capacities, alleging that the officers violated Plaintiffs' Fourth Amendment rights when they detained and arrested Plaintiffs and charged them with disorderly conduct. (D.I. 8.) Plaintiffs assert two claims. Count One alleges Defendants unlawfully detained Plaintiffs from the time Defendants first encountered the Plaintiffs until the time they were placed in a holding cell, thereby violating their Fourth Amendment rights. (D.I. 8 at ¶ 47-52.) Count Two alleges Defendants unlawfully detained Plaintiffs from the time the Plaintiffs were in the holding cell until their commitment to Sussex Correctional Institution. (D.I. 8 At ¶ 55-61.) Both counts were brought pursuant to 42 U.S.C. § 1983. (D.I. 8.) Defendants filed the instant Motion to Dismiss Plaintiffs' first amended complaint. (D.I. 9.) After having reviewed the parties' submissions and the applicable law, the court will grant the Defendants' motion to dismiss.

         II. BACKGROUND

         On the night of May 26, 2016, Plaintiffs left a restaurant in Rehoboth Beach, Delaware at around 10 p.m. or 11 p.m. (D.I. 8 at ¶ 6-7.) Plaintiff Jones alleges that the Plaintiffs were separated when Jones walked toward a public restroom and Plaintiff Gray went to look for the phone number for a taxi service. (D.I. 8 at ¶ 7-8.) Jones, during that time, was attempting to enter a locked restroom. (D.I. 8 at ¶ 10.) Defendant Officer Hara, approached Jones and began to question her. (D.I. 8 at ¶l 1-14.) Plaintiffs allege that Jones' need to urinate, her medical history, and age caused her to urinate in her pants at or around the time that she was speaking with Officer Hara. (D.I. 8 ¶ 13-14.)

         After Hara noticed the wet spot in Jones's pants, Defendant Officer Kosiorowski approached. (D.I. 8 at ¶ 14-15.) Gray then text messaged Jones. (D.I. 8 at ¶ 16.) Officer Kosiorowski, after seeing the text message, called Gray and informed her that they were located by the bandstand. (D.I. 8 at ¶17-18.) Gray approached the Officers and Jones in what Plaintiffs describe as a "half running half walking" manner. (D.I. 8 at ¶ 20.) Gray explained to Defendants that they were looking for a taxi home or a hotel room. (D.I. 8 at ¶ 22.) Officer Kosiorowski did not permit the Plaintiffs to call a taxi "because Jones had urinated." (D.I. 8 at ¶ 24.) The Officers then put Plaintiffs into a police vehicle and drove them to a Rehoboth Beach Police Department holding cell. (D.I. 8 ¶ 27.)

         While in holding, Plaintiffs attempted to contact someone sober to pick them up, but were both unsuccessful in their efforts. (D.I. 8 at ¶ 30-31.) Plaintiffs allege that Defendants worked together to submit an affidavit to a magistrate judge. (D.I. 8 at ¶ 34.)

         Defendants submitted an affidavit in support of their request for an arrest warrant for both Plaintiffs which read as follows:

         Your affiant PTLM HARA can truly state that:

1. I am a certified seasonal officer employed by the City of Rehoboth Beach since April 2016.1 currently hold the rank of Patrolman.
2. Upon approaching the bandstand on Rehoboth Ave, I witnessed [Jones] kneeling on the sidewalk surrounded in liquid. I approached Jones and witnessed her staggering to rise to her feet. I asked Jones if she needed help, to which she claimed she needed to use the restroom. I notice her shorts around her crotch were wet and asked if she had already urinated, to which she replied she had. I asked if she had anyone she could call to take custody of her due to her level of intoxication. Jones provided the phone number to someone she thought would be able to pick her up, Gray. Jones provided a sample of her breath into a PBT at 2323 hours and a reading of .201 was obtained.
3. As Gray arrived, PFC Kosiorowski observed [Gray] staggering across the street, Rehoboth Ave, in the area of the bandstand. Upon contact with her a strong odor of alcoholic beverages was evident. Gray provided a sample of her breath into a PBT at 2254 hours and a reading of .227 was obtained. Gray was asked if there was anyone who was sober in the area who could come to pick the two of them up. She called three different people with negative results. These events occurred within the City limits of Rehoboth Beach, Sussex County, Delaware.

(D.I. 10-latA03, A07.)

         After the arrest warrant was issued at around 1:00 a.m. on the morning of May 27, 2016, Plaintiffs were placed under arrest and transported to Sussex Correctional Institution. (D.I. 10-1 at ¶ 04, A08, D.I. 8 at 32.)

         III. ...


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