Melinda Williams v. Mark Papi

NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 16-4354 _____________ MELINDA WILLIAMS, as Administrator of the Estate of Brian P. Williams v. MARK PAPI; ROBERT ROBERTS; STANLEY ELY; PAUL MILLER; TERRANCE FISHER; SLADE PROFKA; JOHN KREIG; ROGER HARDY; WILLIAM OLSZEWSKI; TUNKHANNOCK TOWNSHIP; OVERFIELD TOWNSHIP; BOROUGH OF TUNKHANNOCK; MESHOPPEN BOROUGH Mark Papi; Robert Roberts; Stanley Ely; Paul Miller; Terrance Fisher; Slade Profka; John Kreig; Roger Hardy; William Olszewski, Appellants ____________ On Appeal from the United States District Court for the Middle District of Pennsylvania (D.C. No. 3-13-cv-01151) District Judge: Hon. Robert D. Mariani Argued: September 14, 2017 Before: CHAGARES, JORDAN, and NYGAARD, Circuit Judges. (Filed: October 25, 2017) Joshua J. Cochran, Esq. (ARGUED) Michael J. Zicolello, Esq. Schemery Zicolello 333 Market Street Williamsport, PA 17701 Counsel for Appellants Shelley L. Centini, Esq. (ARGUED) Barry H. Dyller, Esq. Dyller Law Firm 88 North Franklin Street Gettysburg House Wilkes-Barre, PA 18701 Counsel for Appellee ____________ OPINION ∗ ____________ CHAGARES, Circuit Judge. The defendant officers appeal from the District Court’s denying them summary judgment on the basis of qualified immunity in an excessive force case brought pursuant to 42 U.S.C. § 1983. Because the District Court’s decision rested upon findings of disputed facts that we would have to review to resolve the case, we lack jurisdiction to consider the merits question of the officers’ entitlement to qualified immunity. However, because the District Court erred as a matter of law in failing to grant summary judgment in favor of some of the officers on the supervisory liability claims, we have jurisdiction over that issue only. We accordingly will dismiss in part and reverse in part. I. We assume the parties’ familiarity with the factual and procedural history, which we describe only as necessary to explain our decision. Plaintiff Melinda Williams (“Mrs. ∗ This disposition is not an opinion of the full court and, pursuant to I.O.P. 5.7, does not constitute binding precedent. 2 Williams”) brought this § 1983 action on behalf of her husband, Brian Williams (“Williams”), who was killed by police who were attempting to take him into custody pursuant to an involuntary commitment warrant obtained after Williams’ psychiatrist identified him as a clear and present danger to others. Officers from multiple municipalities responded to Williams’ home in Overfield Township to help take Williams, who had barricaded himself inside, into custody. By the time all the officers had assembled, on the scene were defendants Officer Slade Profka and Corporal Paul Miller of Overfield Township, 1 Chief Stanley Ely and Officers Robert Roberts and Mark Papi of Tunkhannock Township, Chief William Olszewski and Sergeant Roger Hardy of Tunkhannock Borough, and Chief John Kreig of Meshoppen Borough, as well as non-defendants Corporal Dunleavy and Troopers Flynn and Lopez of the Pennsylvania State Police. Defendant Terry Fisher, Chief of the Overfield Township Police, was off duty and did not come to the scene. Fisher, however, was informed of the situation and spoke with Williams — whom he knew — about surrendering to ...

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