Thompson v. Olson, 85-1982

• Decision Date: 19 August 1986
• Docket Number: No. 85-1982,85-1982
• Citation: 798 F.2d 552
• Parties: A. Douglas THOMPSON, Plaintiff, Appellee, v. Richard OLSON, Franklin Noiles, and Stephen Robinson, Defendants, Appellants.
• Court: U.S. Court of Appeals — First Circuit

Page 552

798 F.2d 552

A. Douglas THOMPSON, Plaintiff, Appellee, v. Richard OLSON, Franklin Noiles, and Stephen Robinson Defendants, Appellants.

No. 85-1982.

United States Court of Appeals First Circuit.

Argued June 5, 1986.

Decided Aug. 19, 1986.

William J. Kayatta, Jr., with whom Pierce, Atwood, Scribner, Allen, Smith & Lancaster, Portland, Me., was on brief, for defendants, appellants.

Mary B. Devine with whom Robert H. Avaunt and Zuckerman & Avaunt, Gray, Me., were on brief, for plaintiff, appellee.

Before BREYER, Circuit Judge, BROWN, ^* Senior Circuit Judge, and TORRUELLA, Circuit Judge.

JOHN R. BROWN, Circuit Judge:

In this appeal we must determine whether the District Court erred in holding three police officers liable on a state-based (Maine) claim of false imprisonment on the grounds that they breached a duty to conduct a post-arrest investigation which would have tended to negate their initial finding of probable cause. We must further determine whether the District Court correctly ruled that one of those officers was liable to the plaintiff under Sec. 1983 for conduct which "shocks the conscience" based on the officer's abrupt dismissal of plaintiff's medically based, self-exonerating statements.

We hold that a police officer's initial finding of probable cause justifies not only arrest but a reasonable period of continued detention for the purpose of bringing the arrestee before a magistrate. Once the arrest has been made, it is the magistrate and not the policeman who should decide whether probable cause has dissipated to such an extent following arrest that the suspect should be released. Thus, although a police officer certainly has the discretion to release an arrestee immediately in light of certain post-arrest circumstances giving rise to doubts about the initial probable cause finding, we impose no absolute duty to do so absent the post-arrest discovery of evidence negating, beyond any reasonable doubt, the initial probable cause finding--a situation that just did not exist on the facts of this case. Therefore, because there was neither excessive force used nor an unreasonable delay in bringing the plaintiff to the stationhouse, the District Court erred in holding the officers liable on the state law (Maine) claim of false imprisonment.

We further hold that the District Court erred in holding Officer Robinson liable under Sec. 1983 for conduct which "shocks the conscience." The complained of conduct in this case in no way approaches the level of malevolent conduct required to support a conclusion that it "shocks the conscience." At most, Officer Robinson's curt reply to the plaintiff was evidence of negligence, which does not support an action under Sec. 1983.

The District Court's judgment is reversed and the case is remanded for entry of judgment in favor of the police officers.

Baleful Bus Ride

Plaintiff-Appellee A. Douglas Thompson is totally blind, the result of a severe form of diabetes. As a result of his special condition, he must carry a number of items when out in public or when traveling. These include a collapsible cane, a bottle of medicine for treating insulin shock, a medic alert necklace, and a diabetic identification card which he carries in his wallet. Thompson wore two artificial glass eyes which, except upon close inspection, concealed his sightlessness.

On December 3, 1980, Thompson was traveling on a Greyhound bus from his parents' home in Machias, Maine to Portland, where he was to catch a plane to his home in Chicago. Although the bus driver who drove the bus from Machias to Bangor knew of Thompson's particular infirmities, the replacement driver who assumed control of the bus in Bangor did not. At some point during the trip from Bangor to Portland, Thompson suffered an insulin shock reaction. When the bus arrived in Portland at 3:00 a.m., Thompson was still in insulin shock.

The driver noticed that Thompson did not get off the bus and asked him whether he wished to disembark in Portland. Thompson responded in the affirmative but made no effort to leave, despite further similar inquiries by the driver. Finally, the driver called the Portland Police, informed them that Thompson refused to get off the bus, and requested their assistance.

Three police officers answered the call, defendants Franklin Noiles, Steven Robinson, and Richard Olson. All three drove to the scene in separate police cruisers. Officer Robinson arrived on the scene first, boarded the bus, and found Thompson slumped in his seat, appearing to be asleep. When Robinson spoke to him and tried to rouse him, Thompson murmured incoherently. Although there was neither an odor of alcohol nor any alcoholic beverage containers present, Robinson assumed that Thompson was drunk. Officers Noiles and Olson arrived shortly thereafter and Robinson informed them about the situation. Olson identified himself as a police officer and told Thompson that he would have to leave the bus. Thompson replied "I will, I will" but still did not move. Olson also believed that Thompson was drunk or under the influence of drugs. Olson reached out and shook Thompson, and Thompson began flailing his arms wildly. At this point, the officers restrained Thompson's arms, moved him to the aisle on his knees, and handcuffed him. The officers tried to stand Thompson up since intoxicated people often revive when stood upright. Thompson, however, collapsed to the floor. The officers then removed Thompson from the bus and placed him in the floor well in the rear of Robinson's cruiser to transport him to the county jail. Officers Olson and Noiles each drove his own cruiser to the jail.

Sometime during the 4-5 minute ride to the county jail, Thompson revived in the back of Robinson's police cruiser. Thompson asked where he was and Robinson told him. Upon Thompson's further inquiries, Robinson told him that he had refused to leave the bus. Thompson then explained that he was a diabetic and that he was probably coming out of insulin shock. Officer Robinson casually dismissed the remark, telling Thompson that diabetics do not come out of insulin reactions, and the squad car proceeded to the county jail.

Upon arrival at the jail, Thompson refused what he considered insincere offers of assistance, and removed himself from the well of the cruiser with some difficulty. As the officers began walking him to the jail, one of the officers noticed Thompson's Medic-Alert necklace which had come out from beneath his clothes. Thompson heard this officer exclaim, "Hey, he really is a blind diabetic." Thompson testified that everyone's approach improved after the officers discovered the true nature of his problem.

Thompson was asked if he wanted to go to the hospital, but he declined. He then discovered that the bus driver had not given the officers all his luggage, and consequently, he was without some medicine he would need later. Officer Noiles called the Maine Medical Center and inquired as to the best course of action. He was told that the police should retrieve Thompson's medicine from the bus if possible. Officer Noiles called a toll booth to have the bus stopped, traveled down the Maine turnpike, retrieved Thompson's luggage, and returned to the jail.

After discovering the medical reasons underlying Thompson's inability to leave the bus, Officer Olson completed the booking form and indicated that no charges were to be filed. Eventually, Thompson was given a ride to the airport so he could catch his plane to Chicago. ¹

Thompson brought a suit in federal district court against Officers Robinson, Olson, and Noiles in their individual capacity for civil rights violations under Sec. 1983 and for false imprisonment under Maine law. The District Court held all three officers liable for false imprisonment and held Robinson liable also under Sec. 1983. We reverse.

False Impression or False Imprisonment?

Under Maine law, false imprisonment involves the unlawful detention or restraint of an individual against his will. Nadeau v. State, 395 A.2d 107, 116 (Me.1978). To be actionable, the basis upon which a plaintiff is confined must be unlawful, such as where a warrant is defective on its face, or where an officer uses excessive force to arrest, or where an officer unreasonably delays in bringing the arrestee before a magistrate. Id.

The District Court correctly found that the officers had probable cause to arrest Thompson when he did not leave the bus. Thus, the officers were not guilty of false arrest. We also agree with the District Court's finding that no excessive force was used against Thompson at any time. Clearly there was no unreasonable delay in taking Thompson to the jail. Furthermore, there is no claim against the officers in their individual capacity for any conduct occurring subsequent to the stationhouse discovery of Thompson's medical situation. Therefore, on these facts, the only time period remaining during which Thompson could possibly have been falsely imprisoned is the short post-arrest detention for the purpose of transporting Thompson to the jail.

According to the District Court, the officers were liable for false imprisonment because the arrest, though validly made, was maintained after it should have become clear that probable cause no longer existed. The District Court found that the officers should have reassessed the situation after removing Thompson from the bus. Because there was neither an odor of alcohol nor any alcohol containers, they should have investigated further. Further investigation, the District Court stated, would have led to the discovery of Thompson's medic alert tags and his reactose. This, in turn, would have destroyed the existence of probable cause and there would have remained no legal authority to detain Thompson.

We disagree with the District Court's analysis of the case. First, a police officer's initial finding of probable cause justifies not only arrest, but a reasonable period of...