Petro v. Town of West Warwick ex rel. Moore
2012 U.S. Dist. LEXIS 127178
| D.R.I. | 2012Background
- Petro, administratrix of Mark Jackson’s estate, sues Town of West Warwick and officers Kelley, Lukowicz, and Thornton for Fourth Amendment seizure, assault and battery, and gross negligence; claims include respondeat superior against the Town.
- Trial was a nine-day bench trial in 2011 with extensive video and expert testimony; court conducted post-trial briefing and synchronized multiple recordings to establish timing.
- Jackson was a 47-year-old, large, nonviolent man with long-standing psychiatric/neurological disorders but no violent history; he routinely spent time near his mother’s West Warwick home and used Joyal’s back parking lot.
- On June 27, 2008, officers investigated vandalism at Joyal’s; Jackson, smoking near the loading dock, turned away when approached and had his right hand in his pocket; he was swatted when an officer reached for him, prompting a struggle and arrest.
- After the struggle, Jackson was placed in Lukowicz’s cruiser and transported to the station; he became unresponsive en route; video shows delays in assessment and CPR/ AED response; Jackson died later that night; court addresses whether officers’ actions were (1) unconstitutional seizures, (2) excessive force, (3) deliberately indifferent to medical needs, and (4) immune from ordinary negligence under Rhode Island law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Jackson’s seizure violated the Fourth Amendment | Petro argues seizure lacked reasonable suspicion or probable cause. | Kelley/Lukowicz contend initial detention was supported by suspicion and/or probable cause. | Unlawful seizure; no valid reasonable suspicion or probable cause. |
| Whether the use of force during seizure was excessive | Excessive force occurred during arrest. | Arm-bar and force used were reasonable to effect lawful arrest. | Excessive force not proven given posture of arrest; qualified-immunity analysis deferred. |
| Whether officers acted with deliberate indifference to medical needs | Deliberate indifference shown by delay in CPR/AED and rescue. | Actions were not deliberate indifference; rescue was summoned. | Deliberate indifference not established; no §1983 violation on this count. |
| Whether officers are immune from ordinary negligence under §9-1-27 | Statute immunizes on-duty responders; duty to render aid exists. | Immunity applies to voluntary aid, not gross negligence. | §9-1-27 immunity applies to ordinary negligence; gross negligence not immune. |
| Whether officers’ gross negligence proximately caused Jackson’s death; causation | Failing to render timely CPR/Rescue proximately caused death. | Causation disputed; other factors contributory. | Gross negligence proximately caused death; causation established. |
Key Cases Cited
- Graham v. Connor, 490 U.S. 386 (U.S. 1989) (use of reasonable force standard in seizures and arrests)
- Illinois v. Wardlow, 528 U.S. 119 (U.S. 2000) (flight can contribute to reasonable suspicion when other factors present)
- Florida v. Bostick, 501 U.S. 429 (U.S. 1991) (refusal to speak does not itself create reasonable suspicion)
- California v. Hodari D., 499 U.S. 621 (U.S. 1991) (seizure requires either physical force or submission to authority)
- United States v. Cortez, 449 U.S. 411 (U.S. 1981) (totality of circumstances standard for suspicion)