FLOWERS V. FIORE 359 F.3d 24 (1st Cir. 2004) CASE BRIEF

FLOWERS V. FIORE

359 F.3d 24 (1st Cir. 2004)

NATURE OF THE CASE: Flowers (P) sued police officers (Ds), alleging that the officers' stop and detention of P constituted an arrest without probable cause in violation of P's constitutional protection against unreasonable seizures. P appealed the order of the Court, which granted summary judgment to Ds.

FACTS: Police received a telephone call from Nunzio Gaccione, that a man named Corbin is sending two colored people over here to start some trouble. Officer Fiore arrived at the residence within four to five minutes and met with Gaccione. Gaccione related that threats to the officer and that he had seen two African-American men in a small gray or black vehicle drive by his home about five minutes prior to Fiore's arrival. Gaccione believed that these men may have been the ones sent to cause trouble. The officer radioed a look out warning and then took up a position at a strategic point on the road. Some twenty to thirty minutes later, Fiore noticed a small gray car moving through the intersection of Route 3. Although he noticed only one occupant, he believed that the other suspect either could have been dropped off at another location or was hiding in the vehicle. Fiore notified dispatchers that he was following a vehicle on Route 3. He based his 'probable cause' to stop the vehicle on his belief that 'the description of the vehicle fit the description by Mr. Gaccione, there was a black male that was operating the vehicle . . . the close proximity of the time of the call and the fact that it was heading toward Mr. Gaccione's residence.' A registration check' revealed that the license plate on D's vehicle had been issued to a vehicle different from the one that D was driving. Fiore radioed for help and signaled D to pull over. The record contains inconsistent statements by Fiore, as to when he conducted the plate check, whether it was before he pulled Flowers over or after Flowers had been released. In his affidavit, Fiore stated that before he pulled over D, he 'noticed really quick' that the plates did not match the vehicle. He instructed D over the loudspeaker to remain in the vehicle. Two backup officers, Lawrence Silvestri and Michael Garafola, arrived in separate police cruisers. Garafola left his vehicle with a shotgun ready in hand. Fiore directed D to extend his arms out the window and then open the car door and exit the vehicle. D complied. Fiore then directed Flowers to turn around with his hands in the air and walk backwards towards the officers. From the time they arrived and exited their vehicles, each officer had his weapon drawn. D was immediately handcuffed, frisked, and placed in the back of Fiore's cruiser. The officers searched D's vehicle for weapons and a possible other suspect. When nothing was recovered, Fiore took D out of the cruiser, removed his handcuffs, and explained why he was stopped. P sued Ds claiming (1) that the police officers detained him because of his race, in violation of the Equal Protection Clause of the Fourteenth Amendment, U.S. Const. amend. XIV, 1; and (2) that the officers detained him without probable cause and used excessive force, and that the Town failed to properly train and supervise the officers, in violation of his right against unreasonable government search and seizure under the Fourth and Fourteenth Amendments of the federal Constitution. D asserted state law claims for assault and battery, false imprisonment, and intentional infliction of emotional distress, as well as for violations of his rights under Article 1, sections 2 and 6 of the Rhode Island Constitution. Ds moved for summary judgment, arguing that there were no constitutional violations, and that they were shielded from liability by the doctrine of qualified immunity. The court granted summary judgment in favor of Ds. P appealed.

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