777 Fed.Appx. 122 (6th Cir. 2019), 18-2156, Campbell v. Mack
|Citation:||777 Fed.Appx. 122|
|Opinion Judge:||CLAY, Circuit Judge.|
|Party Name:||Kevin CAMPBELL, Plaintiff-Appellee, v. Daniel MACK, et al., Defendant-Appellant.|
|Attorney:||Thomas E. Kuhn, Law Office, Detroit, MI, David Anthony Robinson, Robinson & Associates, Southfield, MI, for Plaintiff - Appellee Jeffrey Charles Gerish, Plunkett Cooney, Bloomfield Hills, MI, for Defendant - Appellant|
|Judge Panel:||BEFORE: GUY, CLAY, and GRIFFIN, Circuit Judges.|
|Case Date:||June 04, 2019|
|Court:||United States Courts of Appeals, Court of Appeals for the Sixth Circuit|
Please Refer Federal Rule of Appellate Procedure Rule 32.1. See also U.S.Ct. of App. 6th Cir. Rule 32.1.
ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN
Thomas E. Kuhn, Law Office, Detroit, MI, David Anthony Robinson, Robinson & Associates, Southfield, MI, for Plaintiff - Appellee
Jeffrey Charles Gerish, Plunkett Cooney, Bloomfield Hills, MI, for Defendant - Appellant
BEFORE: GUY, CLAY, and GRIFFIN, Circuit Judges.
CLAY, Circuit Judge.
Defendant Daniel Mack moved for summary judgment with respect to Defendants alleged violations of Plaintiff Kevin Campbells First and Fourth Amendment claims brought pursuant to 42 U.S.C. § 1983. The district court denied Defendants motion for summary judgment, and Defendant now brings this timely interlocutory appeal, arguing that he was wrongfully denied qualified immunity. For the reasons explained below, we affirm.
We must, for the purposes of this interlocutory appeal of the denial of qualified immunity, view the facts in the light most favorable to the plaintiff and draw all reasonable inferences in his favor. McDonald v. Flake, 814 F.3d 804, 814 (6th Cir. 2016); DiLuzio v. Vill. of Yorkville, 796 F.3d 604, 609-12 (6th Cir. 2015). In this procedural posture, we generally need not "engage in a plenary review of the record." DiLuzio, 796 F.3d at 611. Often, we "need look no further than the district courts opinion for the facts and inferences cited expressly therein." Flake, 814 F.3d at 813 (citing DiLuzio, 796 F.3d at 611). The district courts opinion properly construes the facts in the light most favorable to Campbell. Thus, unless otherwise indicated, the facts contained herein are derived from the district courts opinion. See, e.g., Flake, 814 F.3d at 813.
A. Factual History
During the early evening of June 7, 2016, Campbell, an African American man, was driving his wifes minivan through Allen Park, Michigan. The minivan, which Campbells wife had recently purchased, had a temporary license plate displayed in the back window. It was "broad daylight," visibility was "good," and one could easily see the temporary license plate from at least 60 feet away. (Dist. Ct. Op., ECF No. 85 at 6.)
Campbell drove past Mack, an Allen Park police officer parked on the shoulder of the freeway, monitoring traffic with Clyde, his police dog. Mack initiated a traffic stop on the minivan. Campbell pulled over. Mack exited his cruiser, approached the drivers side window of the minivan, and asked Campbell to produce his drivers license and registration. Campbell gave Mack his state identification card because he did not have a drivers license. He also handed Mack "all of the paperwork [he] had for the automobile." (Id. at 6.) Mack asked Campbell to step out of the vehicle, and Campbell complied. As Campbell exited the vehicle, his pants were fully zipped.
When Campbell exited the minivan, Mack "jostled" Campbell, handcuffed him "very tightly," conducted a patdown search of Campbells person, and placed Campbell in the backseat of his cruiser. (Id.) Campbell complained that the handcuffs hurt his wrists and asked Mack to loosen them. Mack tightened the handcuffs and replied, "[t]hats the loosest theyre going to get." (Id. at 7.)
Mack also accused Campbell of having stolen the minivan. Campbell denied the accusation. He explained that he was traveling from his home to a friends house, though he did not explicitly state where he lived.
Mack removed Clyde from his cruiser and "put the dog directly into" Campbells minivan. (Id.) Campbell could not see what transpired inside the minivan, as he was still seated in the backseat of Macks cruiser. While inside Macks cruiser, Campbell never moved around or otherwise acted suspiciously. After a few minutes, Mack extracted Clyde from the minivan, returned Clyde to the cruiser, and searched the minivan himself.
A tow truck arrived, and Mack brought Campbell to the Allen Park police station to book him for driving with a suspended license. Mack never told Campbell of his supposed probable cause to search the minivan or informed him that he planned to conduct an additional search of Campbells person once they arrived at the station.
When they arrived at the station, Mack brought Campbell to a booking area and removed Campbells handcuffs. Campbell again complained that the handcuffs had been too tight and held out his wrists to show Mack the bruises and marks the handcuffs had caused. Mack responded that "[h]andcuffs leave marks on everybody." (Id. at 8.)
Mack believed that Campbell was hiding contraband and decided to perform a strip search. Mack did not obtain a warrant prior to strip-searching Campbell. Mack ordered Campbell to enter a cage in the booking area and remove his pants. Campbell entered the cage but objected to removing his pants. Mack ordered Campbell to "get naked" and "drop" his "drawers." (Id.) Campbell continued to protest and incredulously asked, "You want me to get naked?" (Booking Video, ECF No. 75. at 7:56:47-:49.) Mack replied, "Yeah, youre getting naked. Youre in holding facility. Youre getting naked." (Id. at 7:56:47-:50.)
Mack stated that "were getting down to the nitty gritty" because Clyde had indicated the presence of a narcotic odor, and he again ordered Campbell to "drop em." (Id. at 7:56:55-7:57:03.) Campbell responded that it was "not possible" that Clyde had indicated narcotic odor because he had not smoked in five years. (Id. at 7:57:03-:06.) Mack said that he did not care and again ordered Campbell to remove his underwear. Campbell stated that he had never heard of people being required to remove their clothes in jail, to which Mack responded, in a loud voice, "Youre in a holding facility. Youre in jail. You get naked in jail. Lets go! Drop your drawers." (Id. at 7:57:17-:25)
Mack again ordered Campbell to remove his underwear. Campbell replied, "Im a man like you, man," and asked Mack why he would lie to him by falsely stating that he needed to remove his pants. (Id. at 7:57:33-:41.) Mack raised his voice and exclaimed, "I aint lying to you. Ive been doing this job for 22 years. I dont need to lie [to] you, man. Youre a small fish in the sea.... Drop em. Your pants are unzipped. There aint no reason for your pants to be unzipped. Were going to do this one way or another." (Id. at 7:57:42-7:58:00.)
Another officer entered the doorway of the booking area. Mack entered the cage, ordered Campbell to put his hands against the wall and spread his feet, and pulled down Campbells pants. Mack then turned Campbell around to face him, pulled down the front of Campbells underwear, bent down, and examined Campbells genitals. Campbell became agitated and repeatedly complained, "Nah, you cant do that, man," to which Mack replied, "Yes I can, Yes I can." (Id. at 7:58:43-:49.) Mack then turned Campbell back around to face the cage and felt Campbells buttocks through his underwear. Campbell continued to protest, repeating "You cant do that." (Id. at 7:58:55.) Mack pulled up Campbells pants and responded, "the dog indicated," to which Campbell replied, "the dog didnt indicate anything." (Id. at 7:58:52-:56.)
Mack, still standing behind Campbell, then pulled down Campbells pants and underwear again, bent down, and visually examined Campbells buttocks. Mack then stated, "Youve got it f***ing tucked in your f***ing ass crack, thats where you got it." (Id. at 7:59:01-:03.) Mack pulled up Campbells pants, searched Campbells pant legs and ankle area, and, finding no contraband, stood up and told the second officer, "Hes got it tucked in his f***ing ass crack." (Id. at 7:59:12-:15.) Campbell replied, "I aint got nothing tucked." (Id. at 7:59:15-:16.)
A third officer came to the door of the booking area. Mack announced to the officer, "Hes got it tucked underneath his balls." (Id. at 7:59:37-:40.) Campbell complained that Mack had "just got done looking under my balls" and did not uncover anything. (Id. at 7:59:40-:42.) Mack repeated that Campbell still had drugs "tucked underneath" his "balls" or his "ass." (Id. at 7:59:46-:51.)
Mack ordered Campbell to take off his wedding ring. Campbell quizzically replied, "my wedding ring?" Mack responded, "Yeah, your wedding ring comes off. You want to argue that?" (Id. at 7:59:54-8:00:01.) Mack then tossed Campbells ring onto a table outside of the cage.
Mack reentered the cage...
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