Jones v. Watson

• Citation: 106 F.3d 774
• Decision Date: 10 February 1997
• Docket Number: No. 96-1938,96-1938
• Parties: Virgil JONES, Plaintiff-Appellant, v. Ronald WATSON, J. Volland, and W. Stec, Defendants-Appellees.
• Court: U.S. Court of Appeals — Seventh Circuit

Page 774

106 F.3d 774

Virgil JONES, Plaintiff-Appellant, v. Ronald WATSON, J. Volland, and W. Stec, Defendants-Appellees.

No. 96-1938.

United States Court of Appeals Seventh Circuit.

Argued Nov. 6, 1996.

Decided Feb. 10, 1997.

John C. Ambrose, Thomas M. Cushing (argued), Marilyn J. Martin, Ambrose & Cushing, Chicago, IL, for Plaintiff-Appellant.

Lawrence Rosenthal, Benna R. Solomon, Timothy W. Joranko (argued), Susan S. Sher, Office of the Corporation Counsel, Chicago, IL, for Defendants-Appellees.

Before CUMMINGS, RIPPLE, and KANNE, Circuit Judges.

CUMMINGS, Circuit Judge.

On August 28, 1992, and again on August 31, 1992, Chicago Alderman Virgil Jones was arrested and charged with disorderly conduct while protesting at a Chicago Transit Authority ("CTA") construction site. Jones filed a lawsuit under 42 U.S.C. § 1983, alleging, among other things, that the Chicago Police officers involved in his arrest (defendants Chicago Police Commander Ronald Watson and Police Officers James Volland and William Stec) violated his Fourth Amendment right to be free from unlawful seizure. ¹ Finding that Jones' arrest was supported by probable cause and that all defendants were entitled to qualified immunity, the magistrate judge granted their motion for summary judgment. For the reasons that follow, we affirm.

I. BACKGROUND

On August 28, 1992, and on August 31, 1992, Alderman Jones and a number of other public officials and private citizens went to a CTA construction site at 74th and Wood to protest what they believed to be non-compliance with minority hiring requirements at the worksite. On both occasions, Alderman Jones and some of the other demonstrators crossed from the north side of 74th Street over to the south side--near the fence surrounding the site's perimeter. Many other protesters demonstrated on the north side of the street. Estimates of the number of protesters present at the site range from ten to fifty. ² Chicago Police officers, including Commander Watson, were at the scene on both occasions. Watson testified that he had been informed that there was going to be a demonstration on the 28th and that Alderman Jones was going to stop work at the site.

The protesters who had crossed over to the south side of the street demonstrated in front of a gate that allowed access into and out of the site. The City of Chicago had previously issued a temporary driveway permit to the Walsh Construction Company to allow ingress and egress over the sidewalk at the worksite on 74th Street. The construction company laid gravel over the curb to create an inclined driveway for vehicles to pass over the curb, traverse the sidewalk and enter (or exit) the gate. ³ During his deposition Watson was asked "whether the CTA or any construction contractor out at that site obtained a permit to have a driveway across that public sidewalk," to which he replied, "I can only tell you that they had a permit for their construction that was posted at the site." ⁴ When Alderman Jones crossed over to the south side of the street on August 28, he attempted to read the construction permit that was posted on the perimeter fence but a worker inside the job site removed the permit so that it could not be viewed. ⁵ Jones complained to Watson that the permit was not posted and requested to see it. Jones also told Commander Watson that as an alderman he had a right to make an inspection of any construction in his ward. ⁶ Watson told Jones that if he and the other protesters blocked the gate and refused to move they would be arrested. Watson gave Jones and the other protesters several warnings to move back to the north side of the street. Shortly thereafter, those protesters in front of the gate, including Jones, were arrested and charged with disorderly conduct under the Chicago Municipal Code.

More of the same followed on August 31. Alderman Jones and other protesters stood in front of the gate, this time with their arms interlocked. Watson again informed Jones that if he blocked the gate and refused to move he would be arrested. Jones and the others protesters did not move. When Watson ordered that Jones be arrested, Jones was still standing in front of the gate with his arms interlocked with the other protesters.

Officer Volland, who arrested Jones on August 28, and Officer Stec, who arrested Jones on August 31, effected the arrests at Watson's direction.

Jones' civil rights suit alleges that he was arrested without probable cause. The parties consented to the exercise of jurisdiction by a United States Magistrate Judge. In moving for summary judgment, defendants argued that probable cause did in fact exist and in any event qualified immunity shielded them from liability. The magistrate judge agreed with defendants on both scores and entered judgment in their favor.

II. ANALYSIS

Standard of Review

We review a district court's grant of summary judgment and its determination that the defendants are entitled to qualified immunity de novo. Forman v. Richmond Police Department, 104 F.3d 950, 955-57 (7th Cir. 1997); Booker v. Ward, 94 F.3d 1052, 1057 (7th Cir.1996), certiorari denied, --- U.S. ----, 117 S.Ct. 952, 136 L.Ed.2d 840 (1997); Edwards v. Cabrera, 58 F.3d 290, 293 (7th Cir.1995); Burns v. Reed, 44 F.3d 524, 529 (7th Cir.1995), cert. denied, --- U.S. ----, 115 S.Ct. 2583, 132 L.Ed.2d 832 (1995); Maltby v. Winston, 36 F.3d 548, 555 & n. 7 (7th Cir.1994), certiorari denied, --- U.S. ----, 115 S.Ct. 2576, 132 L.Ed.2d 827 (1995). ⁷

Qualified Immunity

The doctrine of qualified immunity shields public officials performing discretionary functions from liability for civil damages where their conduct "does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 2738, 73 L.Ed.2d 396 (1982). The doctrine serves the purpose of protecting public officials " 'from undue interference with their duties and from potentially disabling threats of liability.' " Elder v. Holloway, 510 U.S. 510, 514, 114 S.Ct. 1019, 1022, 127 L.Ed.2d 344 (1994)(quoting Harlow, at 806, 102 S.Ct. at 2731-32).

In the specific context of a damages action brought under 42 U.S.C. § 1983 stemming from a warrantless arrest, the arresting officers will be immune from liability "if 'a reasonable officer could have believed [the plaintiff's arrest] to be lawful, in light of clearly established law and the information the arresting officers possessed.' " Hunter v. Bryant, 502 U.S. 224, 227, 112 S.Ct. 534, 536, 116 L.Ed.2d 589 (1991) (quoting Anderson v. Creighton, 483 U.S. 635, 641, 107 S.Ct. 3034, 3039-40, 97 L.Ed.2d 523 (1987)). A warrantless arrest is lawful under the Fourth Amendment if supported by probable cause. Beck v. Ohio, 379 U.S. 89, 90, 85 S.Ct. 223, 225, 13 L.Ed.2d 142 (1964). Thus, the officers are entitled to immunity if a reasonable officer could have believed that probable cause existed to support the arrest. Hunter, 502 U.S. at 228, 112 S.Ct. at 536-37. Significantly, "[e]ven law enforcement officials who 'reasonably but mistakenly conclude that probable cause is present' are entitled to immunity." Hunter at 227, 112 S.Ct. at 536; see also Edwards v. Cabrera, 58 F.3d 290, 293 (7th Cir.1995) ("Even if probable cause was lacking ... [the arresting officers] are entitled to immunity as long as their belief was reasonable."); Maltby v. Winston, 36 F.3d 548, 555 (7th Cir.1994), certiorari denied, --- U.S. ----, 115 S.Ct. 2576, 132 L.Ed.2d 827. So long as "officers of reasonable competence could disagree on this issue, immunity should be recognized." Malley v. Briggs, 475 U.S. 335, 341, 106 S.Ct. 1092, 1096, 89 L.Ed.2d 271 (1986). As a panel of this Court put it in Jones v. City of Chicago, 856 F.2d 985, 994 (7th Cir.1988): "only if no reasonable officer could have mistakenly believed that he had probable cause to arrest is the immunity forfeited." See also Eversole v. Steele, 59 F.3d 710, 717-718 (7th Cir.1995) ("If a case involves a question of whether probable cause existed to support an officer's actions, the case should not be permitted to go to trial if there is any reasonable basis to conclude that probable cause existed.") (internal quotation marks and citations omitted). Guided by these principles and standards, we now consider the merits of Jones' appeal.

Jones' Disorderly Conduct Arrest

The undisputed facts of this case reveal that Commander Watson had been informed that a demonstration was to take place at the CTA construction site and that Alderman Jones intended to "stop work" at the site. Watson was aware of a permit issued by the City of Chicago for the construction site. It is also undisputed that in connection with the construction project a temporary driveway had been set up so as to allow vehicles to drive over the street curb, across the sidewalk and through a gate allowing ingress and egress to and from the site. The City of Chicago had issued a permit expressly authorizing such a temporary driveway. The demonstrators positioned themselves in front of the gate by the driveway. Although there is no evidence in the record that any work had actually commenced, Commander Watson testified workers were arriving at the site at the time of the demonstration (indeed, Jones' claim that a worker removed the permit from the perimeter fence confirms that workers were indeed present at the site) and a truck was located down the street apparently awaiting entry to the site. ⁸ Watson directed Jones to the other side of the street and warned him that if he did not go to the other side he would be arrested. Shortly thereafter he was. A repeat performance ensued on August 31 when Jones and other protesters returned, expressed the same concerns, stood with arms interlocked in front of the gate, and refused to move when directed to do so by Watson, resulting in their arrest.

On these facts, there was plainly probable cause to arrest Jones for...