United States District Court, D. Delaware
JAMES A. WILSON, Plaintiff,
DET. JORDEN MILLER, DET. BUMGARNER, LT. RICHARDSON, DET. SCOTT HURD, OFFICER PETER MARTINEK, PROBATION OFFICER RICK PORTER, PROBATION OFFICER STAGG, SGT. HUMPHREY, OFFICER HANNON, OFFICER PEER, OFFICER SCHMIDTH, CPL. WISNIEWSKI, Defendants.
A. Wilson - Pro Se
Plaintiff Daniel A. Griffith, Kaan Ekiner, Whiteford Taylor
& Preston LLP, Wilmington, DE - Attorneys for Defendants
Det. Jordan Miller, Det. Bumgarner, Lt. Richardson, Det.
Scott Hurd, Officer Peter Martinek, Sgt. Humphrey, Officer
Hannon, Officer Peer, Officer Schmidth, and Cpl. Wisniewski
NOREIKA U.S. DISTRICT JUDGE
James A. Wilson ("Plaintiff or "Mr. Wilson")
filed this action, pro se, against defendants:
officers from the Dover Police Department - Detective Jorden
Miller, Detective Bumgarner, Lieutenant Richardson, Detective
Scott Hurd, Officer Peter Martinek, Sergeant Humphrey,
Officer Hannon, Officer Peer, Officer Schmidth, and Cpl.
Wisniewski (collectively the "Dover Defendants"),
Probation Officer Daniel Stagg ("Stagg"), and
Probation Officer Rick Porter ("Porter"), alleging
violations of his civil rights and violations of the federal
and state constitutions. (D.I. 1). Pending before the court is a
motion for summary judgment (D.I. 52) filed by the Dover
Defendants. For the reasons discussed below, the Court will
grant the motion for summary judgment.
Court has reviewed the facts alleged in the Complaint as well
as relevant evidence offered by Dover
Defendants and Plaintiff. Plaintiffs Complaint is
based on his interaction with the Dover Defendants, Stagg and
Porter while police were executing a search warrant at a
business named Many Things located on Loockerman Street in
Dover, Delaware. (D.I. 1; D.I. 53-1 at A- 40, 47).
Specifically, Plaintiff alleges (D.I. 1):
[O]n 04-04-13 officer Peter Martinek pulled his unmarked
patrol car in front of plaintiff blocking him so that he
could not move on his own free will. Probation officer Rick
Porter jumped out of the unmarked car with gun drawn in the
direction of plaintiff pointing the gun at plaintiff face
causing plaintiff to fear for his LIFE which caused plaintiff
to pull off hit a building and a truck with passengers in it.
Plaintiff got out of the laid down in a surrendering posture
when an officer ran up on plaintiff and hit him in the head
with a blunt instrument causing plaintiff to go in and out of
consciousness as plaintiff was already suffering from
injuries shouting you are lucky that it is day time and that
people are out here.
The unlawful actions of the officer who hit plaintiff in the
head after plaintiff laid down on the ground in a surrender
position amounts to excessive force, assault in the 2nd
degree and conspiracy with the other officers whom witness
the crime by their non acts failure to file charges on the
officer whom assaulted plaintiff nor did the other officers
arrest the officer whom struck plaintiff in his head after he
surrendered by laying on the ground.
Officers fail to file reports and arrest the officer for
assaulting plaintiff, therefore, their non acts was in
agreement with the officer whom assaulted plaintiff....
Plaintiff states that he was never taken to the hospital for
his injuries that he sustained from the car accident and from
the police officer or probation officer, law official who hit
him in his head despite the fact that plaintiff requested
Plaintiff states that officers . . . non actions Miller,
Bumgarner, Harmon, Peer, Schmidth, Wisniewski amount to
Wilson was the subject of the search warrant. (D.I. 53-1 at
A-40, 47). While the police were executing the search
warrant, they observed Mr. Wilson on the street near the
business. (D.I. 53-1 at A-40, 47). Detective Bumgarner called
for a police unit to stop Mr. Wilson. (D.I. 53-1 at A-40). A
black vehicle occupied by Dover Police Officer Martinek and
Porter responded to the call. (D.I. 53-1 at A-40-41). Mr.
Wilson then got into his car and fled. (D.I. 53-1 at A-41).
Mr. Wilson ultimately ran a red light and collided with
another vehicle, a white Chevrolet pick-up truck, when he
entered the intersection at North Street. (D.I. 53-1 at
A-18-19, 42). The driver of the pick-up truck suffered a
laceration to the head. (D.I. 53-1 at A-019). The passenger
of the pick-up truck suffered a bruised knee, head contusion,
and neck pain. (Id.).
the collision, Mr. Wilson fled on foot from the officers.
(D.I. 53-1 at A-19). It was Porter who ultimately apprehended
and took Mr. Wilson into custody. (D.I. 53-1 at A-047;
A-034-36). While being apprehended, Plaintiff alleges that he
was hit over the head and kicked. (D.I. 1 at 1; D.I. 58 at
1-2). A security video shows Porter "kicking in the
direction of Mr. Wilson." (D.I. 53-1 at
A-047). Consistent with that, at his deposition,
Plaintiff confirmed his belief that Porter struck him, and
that he could not say that any other officer had hit
(D.I. 53-1 at A-34-35, 38). Similarly, in ...