Michael D. Gavigan, Esq., Wilson Law Group, Minneapolis, MN, on behalf of Plaintiff.
Judith A. Hanson, Esq., St. Paul City Attorney's Office, St. Paul, MN, on behalf of Defendants.
MEMORANDUM OPINION AND ORDER
ANN D. MONTGOMERY, District Judge.
On October 22, 2013, the undersigned United States District Judge heard oral argument on Defendants City of St. Paul ("City") and St. Paul Police Officer David Pavlak's ("Pavlak") Motion for Summary Judgment [Docket No. 14]. Plaintiff Oyindamola Adeogun ("Adeogun") opposes the motion. For the reasons stated below, Defendants' motion is granted.
II. PROCEDURAL POSTURE
In her brief and at the hearing, Adeogun argued the Defendants' summary judgment motion is premature and that further discovery is needed to determine whether material questions of fact exist. The Court granted Adeogun thirty (30) days to conduct further discovery and submit supplemental briefing. Adeogun has not submitted supplemental briefing and the Court has received no communication from Adeogun indicating any intent to do so. Therefore, the Court will now address the summary judgment motion based on the briefing and documents submitted and on the arguments made during the October hearing.
On a motion for summary judgment, the Court must view the evidence in the light most favorable to the nonmoving party. Ludwig v. Anderson , 54 F.3d 465, 470 (8th Cir. 1995). Therefore, the facts are expressed here entirely from the Plaintiff's perspective, even though the Defendants strongly deny the recited facts are accurate.
On the afternoon of July 1, 2012, Adeogun was driving northbound on Highway 61 in Saint Paul. Compl. [Docket No. 1] ¶ 7. Adeogun heard a siren, looked in the rearview mirror, saw a police car with its lights flashing, and pulled over to the side of the road as soon as she safely could. Id . ¶ 8; Judith A. Hanson Aff. [Docket No. 18] Ex. B, at 27-28. She alleges she pulled over to the side of the road approximately ten seconds after she noticed the police car. Mem. Opp'n at 2. The police car pulled up and stopped behind her Nissan SUV. Id. at 11. Officer Pavlak exited his squad car, pulled out his firearm, aimed it at Adeogun's car, and yelled for Adeogun to get out of her car with her hands up. Hanson Aff. Ex. B, at 27-28. Adeogun complied. When she saw the gun she screamed and begged Pavlak not to shoot her. Id. at 28. Pavlak kept his gun drawn as he questioned her. Id . Mem. Opp'n at 3-4. Adeogun was crying and visibly shaken. Hanson Aff. Ex. B, at 28. Pavlak holstered his gun and accompanied Adeogun back to her car to get her driver's license. Id. at 28-29.
Pavlak asked for Adeogun's license, registration and insurance information in a manner Adeogun felt was demeaning and racist. Id. at 29. Adeogun provided her information. Pavlak issued Adeogun a citation for failure to yield to an emergency vehicle and for speeding.
After a court trial, Ramsey County Judge Judith M. Tilsen found Adeogun guilty of failure to yield to an emergency vehicle displaying emergency lights and siren under Minn. Stat. § 169.20, subd. 5(a). Id. at 2-3. Judge Tilsen also found Adeogun guilty of speeding, by driving over 80 mph in a 60 mph zone. Id. at 4. The convictions have not been appealed.
A. Standard of ...