United States District Court, D. Connecticut
JEFFREY J. FENNELLY, JR., Plaintiff,
MARC SHAROH, Defendant.
RULING RE: MOTION FOR SUMMARY JUDGMENT (DOC. NO.
C. Hall United States District Judge
plaintiff, Jeffrey J. Fennelly, Jr. (“Fennelly”),
currently incarcerated at Cheshire Correctional Institution
in Cheshire, Connecticut, commenced this action by Complaint
filed pro se pursuant to section 1983 of title 42 of
the United States Code. The defendant is Waterbury Police
Officer Marc Sharoh (“Sharoh”). Sharoh has filed
a Motion for Summary Judgment, which, for the reasons that
follow, is granted in part.
STANDARD OF REVIEW
motion for summary judgment may be granted only where there
is no genuine dispute as to any material fact and the moving
party is entitled to judgment as a matter of law. Rule 56(a),
Fed. R. Civ. P.; see also Redd v. New York Div. of
Parole, 678 F.3d 166, 173-74 (2d Cir. 2012). The moving
party may satisfy his burden “by showing- that is
pointing out to the district court-that there is an absence
of evidence to support the nonmoving party's case.”
PepsiCo, Inc. v. Coca-Cola Co., 315 F.3d 101, 105
(2d Cir. 2002) (per curiam) (internal quotation marks and
citations omitted). Once the moving party meets this burden,
the nonmoving party must set forth specific facts showing
that there is a genuine issue for trial. See Wright v.
Goord, 554 F.3d 255, 266 (2d Cir. 2009). He must present
such evidence as would allow a jury to find in his favor to
defeat the motion for summary judgment. See Graham v.
Long Island R.R., 230 F.3d 34, 38 (2d Cir. 2000).
nonmoving party cannot “rely on conclusory allegations
or unsubstantiated speculation, ” but “must come
forward with specific evidence demonstrating the existence of
a genuine dispute of material fact.” Robinson v.
Concentra Health Servs., Inc., 781 F.3d 42, 44 (2d Cir.
2015) (citation and internal quotation marks omitted).
Although the court is required to read a self-represented
party's papers liberally and interpret them to raise the
strongest arguments that they suggest, see Willey v.
Kirkpatrick, 801 F.3d 51, 62 (2d Cir. 2015),
“unsupported allegations do not create a material issue
of fact” and do not overcome a properly supported
motion for summary judgment, Weinstock v. Columbia
Univ., 224 F.3d 33, 41 (2d Cir. 2001). When reviewing
the parties' submissions, the court need consider only
admissible evidence. See Raskin v. Wyatt Co., 125
F.3d 55, 66 (2d Cir. 1997).
about 8:30 pm on May 13, 2016, Fennelly entered the
Barleycorn Bar and Pub (“the Pub”). See
Local Rule 56(a)1 Statement of Facts (“L.R.
56(a)1”) (Doc. No. 28-2) at 1 ¶ 1. Before arriving
at the Pub, Fennelly had consumed alcoholic beverages, smoked
a blunt of marijuana, and sniffed a couple lines of powdered
cocaine. He described himself as “pretty messed
up.” Id. ¶ 2. Fennelly had a cocaine
habit. See Id. ¶ 3.
was at the Pub with his mother, sister, and girlfriend.
See id. ¶ 6. At the Pub, Fennelly consumed two
bottles of Bud Light and three shots of Jack Fire. He became
heavily intoxicated. See id. ¶ 5.
about 9:00 pm, Fenelly's girlfriend went to the restroom.
See id. ¶ 7. When she left the restroom, she
immediately left the Pub. Fennelly followed her and saw her
get into her car and drive away. See id. ¶ 8.
Fennelly re-entered the Pub, but decided to go outside to
smoke. In the parking lot, Fennelly began calling his
girlfriend's name and asking her to return to bring the
others home. See id. ¶ 9. While outside,
Fennelly stumbled and walked backwards into a storefront
window. He elbowed the window, suffering a laceration to his
right elbow. See id. ¶ 10. Fennelly passed out
in the parking lot. See id. ¶ 5.
after midnight, Waterbury police officers were dispatched to
the Pub. The owner had reported a white male kicking out
windows near the old bank and hitting a female. See
id. ¶ 11. The officers located a white male
staggering and holding his right arm. The man matched the
owner's description. See id. ¶ 12. The man
was later identified as Fennelly. See id. ¶ 13.
The officers observed blood over Fennelly's hands, arms,
and shirt. See id. ¶ 14. He was intoxicated and
told the officers that he had been ejected from the Pub.
See id. ¶ 15. Fennelly also stated that he had
cut and scraped his arm when he punched out a window because
he was angry that he had been ejected from the Pub. See
id. ¶ 16.
ambulance was called to transport Fennelly to the hospital.
See id. ¶ 17. The ambulance arrived at the
scene at 12:30 am on May 14, 2016. See id. ¶
18. The ambulance attendants noted that Fennelly had a three
centimeter cut on his right elbow, smelled of alcohol, was
uncooperative, refused to answer questions, was verbally
abusive, and threatened violence toward the police. See
id. ¶ 19. The attendants noted no abnormalities of
Fennelly's head, face, nose, neck, or eyes. See
id. ¶ 20. Their impression was that Fennelly only
suffered from a laceration of the right elbow. See
Id. ¶ 21.
was taken to St. Mary's Hospital and was admitted at
12:53 am. See Id. ¶¶ 22-23. The admitting
diagnosis and triage notes indicate only a laceration to the
right elbow, caused by punching through a window. See
id ¶¶ 24-25. Fennelly was agitated. See
id ¶ 26. Hospital staff called a code gray, applied
leather restraints, and administered medication. See
Morgan, a security officer employed by St. Mary's
Hospital, was working in the emergency room on May 14, 2016.
See id ¶¶ 27-28. He observed Fennelly
talking and swearing loudly when he was brought into the
emergency room. See id ¶ 29. At one point,
Morgan was called to assist hospital staff and police
officers in restraining Fennelly, who appeared to be under
the influence of some substance. See id. ¶ 30.
Along with other security officers and police officers,
Morgan used force to apply the hospital restraints to
Fennelly so he could be examined by a physician. See
id. ¶¶ 31-32.
was intoxicated and belligerent. See id ¶ 33.
He was unable to provide any history. See id
Informed consent for treatment was deemed waived because
Fennelly was clinically intoxicated. See id ¶
35. Blood tests indicated an alcohol serum level of 292 mg/dl
and were positive for cocaine and marijuana. Se ...