Dykema v. Skoumal

• Decision Date: 17 August 2001
• Docket Number: DEFENDANT-APPELLANT,PLAINTIFF-APPELLEE,No. 00-2787,00-2787
• Citation: 261 F.3d 701
• Parties: (7th Cir. 2001) MATTHEW DYKEMA,, v. MICHAEL SKOUMAL,
• Court: U.S. Court of Appeals — Seventh Circuit

Page 701

261 F.3d 701 (7th Cir. 2001)

MATTHEW DYKEMA, PLAINTIFF-APPELLEE, v. MICHAEL SKOUMAL, DEFENDANT-APPELLANT.

No. 00-2787

IN THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT

ARGUED April 18, 2001

August 17, 2001

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 98-C-5309--James F. Holderman, Judge.

Before Harlington Wood, Jr., Diane P. Wood, and Williams, Circuit Judges.

Harlington Wood, Jr., Circuit Judge

This story grows out of an unsuccessful drug-related transaction in which the plaintiff, Matthew Dykema, a paid informant working with the Metropolitan Area Narcotics Squad ("MANS"), an interjurisdictional law enforcement group in the Joliet, Illinois area, was shot in the head and seriously wounded by Stephen Stepney in October 1997. Stepney claimed unsuccessfully at his criminal trial, in which he was convicted of the shooting, that he shot Dykema in self defense. Stepney claimed that he did not even know Dykema, but recognized him only as someone he had previously seen in the area where he himself was looking for drugs.

Subsequently, Dykema brought this action for damages pursuant to 42 U.S.C. sec. 1983 against Michael Skoumal, a former Joliet police officer working with MANS, and against other MANS personnel, as well as the City of Joliet, and MANS. After dismissals and settlements and an adverse summary judgment ruling by the district court, Skoumal is the only defendant remaining in this appeal.

I. Background

The background facts are taken largely from what Dykema has alleged or argued, or facts not otherwise contested (although in some instances disputed by Skoumal). The material facts upon which this case turns are as accepted by Skoumal or as found by the district court and, therefore, for this appeal not contested. Dykema, a resident of Mokena, a town southwest of Chicago near Joliet, Illinois, had a suspended driver's license and made inquiries to the police about reinstatement of the license. Dykema met with officers at the Mokena police station and discussed how he could assist the police in drug investigations. Dykema agreed to help, induced by the officers' promise to facilitate the return of his driver's license. He went to work for MANS using an alias assigned by the police. Dykema signed a confidential service document in which he admitted he was working as an informant under his own free will and not as a result of intimidation or threats.

Skoumal, a Joliet police officer working for MANS, functioned as Dykema's control officer. Craig Meece, a deputy sheriff, was the undercover officer with whom Dykema most often worked in making drug buys for MANS. Dykema assisted in a number of undercover investigations and prosecutions of drug-related offenses from the fall of 1996 through the spring of 1997.

Dykema argues that in this hazardous drug business he received no training from MANS on how to serve as a confidential informant, how to set up drug deals, or how to in-teract with drug dealers, etc. However, in his deposition Dykema elaborated on the training issues and turned the tables on the police. He stated that because of his long experience with drug transactions, he needed no training from the police. He stated that "[the police] are the ones that need [training]." In mid-1997, Dykema voluntarily entered a drug and alcohol rehabilitation program. After his discharge he told Skoumal and Meece that he no longer wanted to assist them. Although the police deny this, Dykema stated that after repeated entreaties by police, assisted by cash payments and beer, he agreed to resume his undercover work.

With that background, we approach the particular circumstances giving rise to the critical facts in question. A suspected drug dealer named Jonathan Dantzler was a MANS target. Dykema and Meece, who posed as Dykema's brother on several occasions in September 1997, purchased crack cocaine from Dantzler, although no arrest was made. In order to build a better case against Dantzler, Skoumal and Meece planned a "reverse buy." Instead of buying drugs from Dantzler, Dykema and Meece would attempt to sell drugs to him, then Dantzler would be arrested. Drug transactions generally are considered dangerous, but it is claimed that a reverse buy poses even greater dangers. The reverse buy was first attempted on October 21, 1996, with Dykema wearing a wire, but it fell through when Dantzler, now buying instead of selling, wanted to first inspect the drugs before parting with his money. Dantzler drove out of the parking lot and MANS agents left to follow him. Stephen Stepney, Dantzler's cousin, was reportedly acting as protection for Dantzler. This occurred a week before Stepney shot Dykema. On October 28, Meece attempted to complete the reverse buy without Dykema, but this failed because Dantzler refused to deal without Dykema being present.

On the afternoon of October 29, the day the MANS agents had planned to again attempt the reverse buy, Dykema was arrested after an incident in a tavern. He was taken to the Lockport, Illinois police station and charged. Skoumal, Meece, and another agent, none of them in uniform, arrived at the station, and Dykema was released into their custody. The four walked down the main street of Lockport, and Meece and Dykema then went on to the bar where Dykema had earlier been arrested in order to pick up Dykema's truck. Meece and Dykema then left the bar and drove a few blocks to Dykema's apartment. There Dykema had an argument with his landlord, who proceeded to evict him and his belongings. Skoumal and the other agent had gone to wait for Dykema at the parking lot of a laundromat located across the street from Dykema's apartment. Skoumal and the other officer had been joined by two other agents, with all four observing the argument taking place at Dykema's apartment. Dykema and Meece then joined Skoumal and the other three agents in the parking lot across the street. At no time during these events were any of the agents in uniform or in marked cars.

Meece did not want to work with Dykema that day be-cause Dykema had been drinking, so he decided the reverse buy attempt would not take place. A little later Dykema was driving to a restaurant when Skoumal and another agent waived him to the side of the road. Skoumal gave Dykema $20.00 to buy cocaine from Dantzler. He told Dykema to "smooth things over" with Dantzler and to tell Dantzler they still wanted to do business with him but at some other time. Dykema went on to the restaurant and began trying to contact Dantzler, but with no success. He first drove by Dantzler's home, then to where he knew a good friend of Dantzler's worked, but had no success in locating Dantzler. Dykema tried unsuccessfully to "beep" Dantzler, and then drove back to Dantzler's house at around 6:00 p.m. Suddenly, Dykema was shot in the head. Later, he could not remember any of the details. However, at his deposition, Dykema said that he later realized he had seen Stepney (the shooter) sitting in a car several cars away from Dykema at the time of the first unsuccessful reverse buy. As to whether Dykema had seen Stepney at any other time, his answer was, "possibly could have." Dykema said he had not expected to see Stepney at Dantzler's house. At his criminal trial, Stepney testified he did not know Dykema and recognized him only as someone he had previously seen in the area trying to buy drugs. This recital of the facts gives us a sufficient basis to consider the legal issues.

II. Analysis

We must first address Dykema's claim that this court has no jurisdiction before analyzing the merits of appellant's arguments. Dykema maintains that this is an interlocutory appeal since Skoumal's claim of qualified immunity was denied by the district court on a motion for summary judgment because the court found that there were disputed issues of material fact. See Johnson v. Jones, 515 U.S. 304, 313-18 (1995) (holding that a defendant, entitled to invoke a qualified immunity defense, may not appeal a summary judgment order when that order determines there is a "genuine" issue of material fact for trial). However, Skoumal has conceded Dykema's version of the facts and challenges only whether those conceded facts establish a violation of clearly established law. See Coady v. Steil, 187 F.3d 727, 730 (7th Cir. 1999) (citing Behrens v. Pelletier, 516 U.S. 299, 313 (1996)).

In reviewing the propriety of a district court summary judgment ruling under Fed.R.Civ.P. 56, we review de novo and adhere to the same standards as the district court set forth in its memorandum opinion and order under Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1996). See American Postal Workers Union v. Runyon, 185 F.3d 832, 835 (7th Cir. 1999). In Anderson, the Court held that at the summary judgment stage, the district court's function is not to weigh the evidence or determine the truth of the matter. 477 U.S. at 249. "The evidence of the non-movant is to be believed, and all justifiable inferences are to be drawn in his favor." Id. at 255. However, even though there may be material facts in dispute, we review the order of summary judgment by accepting the district court's determination that a genuine issue of material fact exists. Coady, 187 F.3d at 730-31. Skoumal does not quarrel with that rule, and for the purpose of this appeal concedes the critical factual dispute which caused the district court to deny his motion for summary judgment. It is necessary, therefore, to determine both the question of this court's jurisdiction and what effect as a matter of law the material facts as found by the district court may have on the summary judgment ruling.

Skoumal raises two issues aside from the jurisdictional question raised by Dykema. First, Skoumal claims that his conduct did not violate Dykema's substantive due process rights, notwithstanding the fact that the district court held that Skoumal's affirmative...