Kiser v. City of Huron, PLAINTIFF-APPELLANT

• Citation: 219 F.3d 814
• Decision Date: 13 June 2000
• Docket Number: PLAINTIFF-APPELLANT,No. 99-3801,DEFENDANTS-APPELLEES,99-3801
• Parties: (8th Cir. 2000) WILLIAM J. KISER, II,, v. CITY OF HURON, SOUTH DAKOTA; LARRY GUAM, AND OTHER UNKNOWN POLICE OFFICERS OF THE CITY OF HURON, JOHN DOES, Submitted:
• Court: United States Courts of Appeals. United States Court of Appeals (8th Circuit)

Page 814

219 F.3d 814 (8th Cir. 2000)

WILLIAM J. KISER, II, PLAINTIFF-APPELLANT, v. CITY OF HURON, SOUTH DAKOTA; LARRY GUAM, AND OTHER UNKNOWN POLICE OFFICERS OF THE CITY OF HURON, JOHN DOES, DEFENDANTS-APPELLEES.

No. 99-3801

UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT

Submitted: June 13, 2000

Filed: July 27, 2000

Appeal from the United States District Court for the District of South Dakota.

Before Loken and Bright, Circuit Judges, and Hand ¹ , District Judge.

Bright, Circuit Judge.

After his former girlfriend complained to the police department in the City of Huron, South Dakota ("City"), William J. Kiser, II ("Kiser") was arrested on a number of felony charges, including kidnapping and assault. Kiser was indicted by a grand jury on two of these charges--kidnapping and simple assault. The prosecutor later reduced these charges to one count of disorderly conduct, a misdemeanor. Kiser pleaded guilty to this charge and subsequently brought this civil rights suit, under 42 U.S.C. 1983, naming the City, Officer Larry Guam ("Guam"), and other unknown police officers as defendants. Kiser's complaint alleged that the defendants were unjustified in arresting him without a warrant.

On defendants' motion to dismiss on summary judgment, the district court ² found that Kiser's arrest was supported by probable cause and, thus, that all of the police officers were entitled to qualified immunity. On that basis, the court reasoned that the police officers were entitled to summary judgment in this case and, further, that Kiser could not prevail against the City.

We affirm.

I. BACKGROUND

On January 26, 1997, Kim R. Collins ("Collins"), Kiser's ex-girlfriend, came to the City's police department and claimed that she had been kidnapped. When she arrived at the department, the officer on duty (Guam) interviewed her. Among many other details, Collins reported to Officer Guam that Kiser confronted her in a local parking lot, took her car keys, seized her by force, and drove her to a remote location against her will. Although Kiser later released Collins unharmed, she was frightened and wanted to press charges.

Shortly after Officer Guam finished his interview with Collins, and solely on the strength of her representations therein, Guam and other officers arrested Kiser without first obtaining a warrant.

On January 30, 1997, Collins and her then-current boyfriend, Robbie Mitzel, appeared and testified before a county grand jury. After deliberation, the grand jury ultimately returned indictments against Kiser for kidnapping and simple assault. As previously noted however, the prosecution reduced the charges to a single count of misdemeanor disorderly conduct, and Kiser pleaded guilty.

On December 31, 1997, Kiser brought the present suit in the district court, under 42 U.S.C. 1983. Kiser alleged that Guam arrested him in violation of the Fourth, Fifth, and Fourteenth Amendments, and that the City incurred liability to Kiser based on Guam's actions, on a failure-to-train theory. In an order dated September 13, 1999, however, the district court granted defendants' motion for summary judgment after concluding that: (1) Kiser's arrest was supported by probable cause, and Guam was therefore entitled to qualified immunity from suit; and (2) the City could not be held liable because Kiser had not prevailed on his underlying substantive claim against the officers.

This timely appeal follows, and Kiser argues that both of the district court's conclusions were, as a matter of law, erroneous.

II. DISCUSSION

When we consider a district court's decision to grant summary judgment, our review is made de novo, see Olinger v. Larson, 134 F.3d 1362, 1365 (8 th Cir. 1998), and we will affirm where the record shows that the prevailing party is entitled to judgment as a matter of law. See Brodnicki v. City of Omaha, 75 F.3d 1261, 1264 (8 th Cir. 1996).

A. Officer Guam

On appeal, Kiser argues that the district court erred when it concluded that Officer Guam had probable cause to arrest him. Absent probable cause, a warrantless arrest may support a claim under 1983. See Hannah v. City of Overland, 795 F.2d 1385, 1389 (8 th Cir. 1986). With probable cause, however, a police officer may lawfully arrest an individual on felony charges, even without the benefit of a warrant. See Olinger, 134 F.3d at 1366 (citing Beck v. Ohio, 379 U.S. 89, 91 (1964)). Furthermore, "[a]n officer has probable cause to make a warrantless arrest when facts known to the officer are sufficient to make a reasonably prudent officer believe that the suspect is committing or has committed an offense." Id.

In this case, Officer Guam received a credible and unsolicited report from the alleged victim. That report, although admittedly one-sided, contained sufficient detail to suggest that the complainant spoke truthfully. ³ Kiser argues that Officer Guam should have obtained an arrest warrant or, at a minimum, conducted an additional investigation before arresting him. We disagree. Based solely on Collins's allegations, a reasonably prudent officer in Guam's position would have sufficient grounds to believe that Kiser had committed a serious criminal offense. In order to establish probable cause, no more is required. See Brodnicki, 75...