Karr v. Smith

Citation774 F.2d 1029
Decision Date11 October 1985
Docket NumberNo. 84-1867,84-1867
PartiesJohnie F. KARR, Plaintiff-Appellant, v. Uniform Patrolman SMITH and Officer L.N.U. (Mark Lemon), Kansas City, Kansas, Police Department, Defendants-Appellees.
CourtU.S. Court of Appeals — Tenth Circuit

J.R. Russell, Kansas City, Kan., for plaintiff-appellant.

Harold T. Walker, Asst. City Atty., Kansas City, Kan., for defendants-appellees.

Before BARRETT and SETH, Circuit Judges, and CHILSON *, District Judge.

CHILSON, District Judge.

Pursuant to a stipulation of the parties, the trial court dismissed the action against the Defendant, City of Kansas City, Kansas.

The defendant, "Officer L.N.U., Kansas City, Kansas, Police Department", is identified in the record as Mark Lemmon, a Police Officer of the Kansas City, Kansas Police Department.

On April 22, 1982, two Kansas City, Kansas, Police Officers, J.B. Smith and Mark Lemmon, were ordered by their superior officer, Sergeant Ronald Miller, to arrest the plaintiff-appellant, Karr, and book him into police headquarters on a charge of destruction of property.

J.B. Smith and Lemmon, on April 22, arrested Karr, took him to police headquarters, and booked him as ordered.

Approximately one year later, on April 19, 1983, Karr commenced this action pursuant to 42 U.S.C. Sec. 1983, alleging his arrest was unlawful and in violation of his constitutional rights and seeking money damages from officers Smith and Lemmon and the City of Kansas City.

Sergeant Miller, who ordered the arrest, was not named as a defendant.

A jury trial was commenced in the United States District Court for the District of Kansas on May 21, 1984. Following plaintiff's case-in-chief, the trial court granted the defendants' oral motion for a directed verdict and entered a judgment of dismissal of the action. Plaintiff appeals.

The relevant facts are undisputed. Plaintiff Karr was hired by Crown Leasing to operate a tractor trailer truck to haul liquid products on behalf of another trucking company, American Bulk Transport. On April 20, 1982, Karr drove his truck into Kansas City, Kansas carrying a load of toxic liquid material.

On the next day, April 21, 1982, Karr met his supervisor, Bill Barnett, and told him that he was going to quit if he did not get additional safety equipment, such as rubber boots and gloves, for handling the toxic material. Barnett declined to give Karr any additional equipment whereupon Karr quit. At Barnett's request, Karr parked the truck in the parking lot of the Kaw Valley Inn Motel in Kansas City, Kansas.

Shortly thereafter, on the same day, Karr telephoned American Bulk Transport and spoke with E.R. Miller regarding the balance due him for his work, amounting to approximately $1,500. An argument ensued between Karr and E.R. Miller and Karr became very angry.

Eventually, Karr and Glynn Tibbits, a fellow truck driver who also quit under similar circumstances, met with E.R. Miller at the Kaw Valley and delivered to E.R. Miller various documents and credentials pertaining to their trucks. When Karr asked for his money, Miller replied he would pay when he got ready.

Later that day, Kansas City, Kansas police officers, under the supervision of Sergeant Ronald Miller, were dispatched to the Kaw Valley Inn to investigate a destruction of property report. Upon investigation, the officers discovered that the tires of the trucks had been slashed and that the tanker valves had been opened enough to allow hazardous liquid material to leak out at a slow rate. At that time, E.R. Miller, who was present, told Sergeant Miller that he knew that Karr and Tibbits caused the damage to the trucks because they told him, E.R. Miller, earlier that day, that they were going to vandalize the trucks.

E.R. Miller gave Sergeant Miller a description of Karr and Tibbits. Sergeant Miller determined, based on his own observation, that the destruction had been caused intentionally and amounted to a felony because the damage exceeded $100 in value. Based on these observations and the information obtained from E.R. Miller, Sergeant Miller, on April 21, 1982, filed a felony police report with the Police Department for criminal destruction of private property. Based on this police report, a "pick-up order" was issued ordering the arrest of Karr and Tibbits.

On the next day, April 22, 1982, Karr contacted the police department to arrange for police officers to be present at the Kaw Valley Inn while Karr and Tibbits removed their personal belongings from the trucks. Officers Lemmon and Smith were dispatched to the Kaw Valley Inn pursuant to Karr's request. Their supervisor and superior officer was Sergeant Miller.

Upon their arrival at the Inn, Karr told Lemmon and Smith that he had an argument with his employer and wanted the police officers present when he removed his personal belongings from the truck so that he would not be accused of any improprieties.

At the request of the police radio dispatcher, Officer Smith gave Karr's and Tibbits' names and descriptions to the dispatcher. At about the same time, Sergeant Miller was notified that Karr and Tibbits had returned to the Kaw Valley Inn and that Officers Lemmon and Smith were present at the Inn. At this time, Sergeant Miller contacted E.R. Miller to confirm the information previously received. E.R. Miller reiterated that he was sure Karr and Tibbits had done the damage to the trucks, he wanted them arrested and intended to prosecute them. Thereupon, Sergeant Miller, via police radio, advised Lemmon and Smith of the pick up order issued the day before and directed them to arrest Karr and Tibbits. Acting on these orders, Officers Lemmon and Smith arrested Karr and Tibbits, transported them to the City Jail and booked them on the destruction of property charges. Thereafter, Karr was interviewed by a Detective Smith and was released. No formal complaint was ever filed against him.

The trial court held that, based on these undisputed facts which were established at trial, probable cause for the arrest of Karr existed as a matter of law. The court directed a verdict in favor of Officers Lemmon and Smith and dismissed the complaint. The issue presented in this appeal is whether the trial court erred by granting the defendants' motion for a directed verdict based upon the finding that probable cause for the arrest was established as a matter of law.

The constitutional validity of a warrantless arrest depends upon whether the arresting officer had probable cause. Beck v. Ohio, 379 U.S. 89, 85 S.Ct. 223, 13 L.Ed.2d...

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