Wright v. United States

• Decision Date: 23 December 2015
• Docket Number: No. 14–3606.,14–3606.
• Citation: 813 F.3d 689
• Parties: Stuart WRIGHT, Plaintiff–Appellee v. UNITED STATES of America; John Clark; Walter R. Bradley, in his official capacity as the United States Marshal for the; Stacia A. Hylton, in her official capacity, Defendants Sean Franklin, in his official capacity as a Deputy United States Marshal and in his individual capacity; Christopher Wallace, in his official capacity as a Deputy United States Marshal and in his individual capacity, Defendants–Appellants.
• Court: U.S. Court of Appeals — Eighth Circuit

813 F.3d 689

Stuart WRIGHT, Plaintiff–Appellee

v. UNITED STATES of America; John Clark; Walter R. Bradley, in his official capacity as the United States Marshal for the; Stacia A. Hylton, in her official capacity, DefendantsSean Franklin, in his official capacity as a Deputy United States Marshal and in his individual capacity; Christopher Wallace, in his official capacity as a Deputy United States Marshal and in his individual capacity, Defendants–Appellants.

No. 14–3606.

United States Court of Appeals, Eighth Circuit.

Submitted: Sept. 21, 2015.

Filed: Dec. 23, 2015.

Toby Crouse, Foulston Siefkin LLP, Overland Park, KS, argued (Stephen R. McAllister, Thompson Ramsdell Qualseth & Warner, P.A., Lawrence, KS, on the brief), for appellants Sean Franklin and Chris Wallace.

John W. Kurtz, Hubbard & Kurtz, L.L.P., Kansas City, MO, argued, for appellee.

Before LOKEN, BENTON, and SHEPHERD, Circuit Judges.

SHEPHERD

, Circuit Judge.

Appellee Stuart Wright filed suit against Deputy United States Marshals Sean Franklin and Christopher Wallace (the "Marshals") seeking damages pursuant to Bivens .¹ The Marshals moved for summary judgment based on qualified immunity, and the district court denied their motion. The Marshals brought an interlocutory appeal. We declined to address the merits of the appeal and remanded the case so that the district court could properly make findings of fact and conclusions of law sufficient to permit appellate review. On remand, the district court denied, in part, the Marshals' motion for summary judgment. We reverse and remand.

I.

We recount the facts as found by the district court in the light most favorable to Wright, the nonmoving party. Johnson v. Blaukat, 453 F.3d 1108, 1113 (8th Cir.2006)

. In 2008, a Grand Jury in United States District Court for the District of Kansas indicted Vinol Wilson ("Wilson") for conspiracy to manufacture and possess with intent to distribute crack cocaine, and to possess with intent to distribute cocaine. Following the indictment, an arrest warrant was issued for Wilson.

Sean Franklin, a Deputy United States Marshal with the United States Marshal Service in the District of Kansas, began an investigation to locate and arrest Wilson. Through his investigation, Franklin learned that Wilson had a history of drug, weapons, and aggravated assault offenses and had previously served 78 months in prison for distributing crack cocaine and for using a firearm during a drug trafficking crime. He was considered armed and dangerous. Franklin also discovered that Wilson used steroids and participated in body building and dog fighting, and played basketball with a group of acquaintances in leagues and tournaments in and around the Greater Kansas City area.

In 2008, Wilson played on a basketball team that competed in the Sunflower State Games. Franklin obtained a copy of the team roster and sought out Wilson's former teammates who might know Wilson's whereabouts. On April 15, 2009, at approximately 9:30 a.m., Franklin met with Walt Bethea, one of Wilson's former teammates from the 2008 Sunflower State Games, and showed him a 2005 Kansas driver's license photo of Wilson. Bethea confirmed that the man in the photo was "V"² and indicated that he knew Wilson was wanted by law enforcement on drug charges. Bethea told Franklin that Wilson played in an adult basketball league at the Grandview, Missouri Community Center on Wednesday evenings and he knew that Wilson was scheduled to play that evening at 7:30 p.m. Bethea stated that Wilson's team was comprised of black males who wore orange-colored jerseys.

At approximately 11:30 a.m on April 15, 2009, Franklin met with a confidential source ("CS") at the Grandview Community Center. Franklin showed CS the 2005 Kansas driver's license photo and asked him if he had seen the person pictured. CS stated that he had seen the person pictured, but did not know his name. CS indicated that he had seen the man wearing an orange-colored jersey with the number "23" on the back, with his hair in braids (or "corn-rows"), and sporting a goatee and gold-colored teeth.

CS obtained a roster for the man's team. He explained that the individuals playing in the league are not required to produce identification and the rosters are not checked for accuracy. Franklin recognized some of the names on the roster from the 2008 Sunflower State Games' roster. Wilson's name was not listed on the community center team's roster, but there was an entry for "Vyshon Watson." Franklin knew that Wilson had a son named Vyshon. CS told Franklin that he would assist in identifying Wilson if Wilson arrived for the scheduled game that evening.

At 5:55 p.m., Franklin received a telephone call from a friend of Bethea's advising him that Wilson's team's game had been rescheduled for 6:30 p.m., an hour earlier than planned. Franklin then placed a call to CS to verify this information, but CS did not answer. Around the same time, Franklin set up a briefing area near the parking lot for Grandview High School to organize the arrest team and operation to arrest Wilson.

At approximately 6:15 p.m., CS returned Franklin's call and confirmed that Wilson's game had been moved up an hour and was due to start at 6:30 p.m. Furthermore, CS advised Franklin that Wilson had been seen in the gym. A few minutes later, CS called Franklin again to say that Wilson was on the gym floor, shooting baskets before his game in an orange-colored jersey with the number "23" and wearing his hair in braids.

At 6:45 p.m., Franklin and five other Deputy United States Marshals, including Wallace, arrived at the Grandview Community Center. Franklin decided to arrest Wilson in the middle of the basketball game because he thought it would offer the greatest protection for the safety of the public and law enforcement. The Grandview Community Center parking lot was crowded with cars and people, including young people, and Franklin believed it might pose an undue public danger to try to apprehend Wilson as he was leaving the Community Center. Franklin also wanted to avoid a high speed vehicle chase. Moreover, Franklin thought Wilson would be somewhat less likely to have a weapon on him if they made the arrest while the basketball game was in progress.

Franklin was wearing his U.S. Marshals Service badge on a chain around his neck. He showed the badge to the individual running the buzzer and game clock and asked the individual to sound the buzzer and stop the game. After the buzzer sounded, Franklin and Wallace walked onto the basketball court and approached Stuart Wright, a black male with braided hair, wearing an orange-colored jersey with number "23" on it, who was playing a full-court game of basketball when Franklin approached him.

Franklin was not in uniform but was wearing a Kansas City Royals jersey. Wright did not see the badge around Franklin's neck or anything identifying him as a law enforcement officer. Franklin pointed his gun at Wright as he approached him. Franklin shouted that he was a United States Marshal, which Wright does not dispute, but Wright could not understand what Franklin was saying. At some point, Wright heard the name Vinol mentioned, and he told Franklin his name and said that he had identification in the gym.

Franklin told Wright multiple times to get on the ground but Wright kept backing away, so Franklin grabbed Wright's shirt and kicked at his legs. Still standing, Wright came directly between Franklin and Wallace. Wallace deployed his Taser, hitting Wright in the back and causing Wright to fall. Franklin leaned over Wright and asked his name. Wright responded that his name was Stuart Wright, a name that Franklin recognized from the 2008 Sunflower State Games roster. Franklin said, "Don't lie to me." Wright again told Franklin that his name was Stuart Wright. Then, Franklin announced, "Let's get him out of here." Wright was pulled up and handcuffed. People present told the Marshals that he was Stuart Wright not Vinol Wilson.

As Wright was taken out of the Community Center, he spotted Grandview Police Officer Clausing. Wright recognized him as a Grandview High School graduate and said, "My name is Stuart Wright. I graduated from Grandview High School in 1996. You know me." Officer Clausing replied, "That's not the guy. I know him." The Marshals continued to escort Wright outside the Community Center and put him in the back of a police patrol car.

Stuart Wright's brother, Stephen Wright ("Stephen"), retrieved Wright's driver's license from his gym bag and gave the license to Franklin shortly after Wright was removed from the gym. Franklin told Stephen that he knew Wright was not Wilson, but Wright had information about Wilson. Franklin and one other man told Stephen to speak with Wright and encourage Wright to tell the officers what he knew about Wilson. Stephen was allowed to talk to Wright briefly in the car and told Wright to give the officers any information he had about Wilson.

The officers kept Wright in custody and asked him questions about whether he had played basketball with Wilson, where Wilson was, and how Wright could help them find Wilson. Wright told the officers that he did not know where Wilson was or how to find him. Wright overheard some of the officers discussing a vacation day the next day, how everything had happened so fast, about hearing the "pop-pop" sounds, and how they had gotten the wrong guy.

After fifteen to twenty minutes, the officers pulled Wright out of the car and told him they were going to pull the probes out of him. One of the officers asked if he needed an ambulance, but Stephen told them he was going to take Wright to the hospital, which he did. One of the officers told Wright that they were going to uncuff him, and then asked Wright, "Now, you're not going to go all ape-shit on me, are you?" Wright told him, "No." Franklin told Wright that he had searched for him in the computer and that he had two traffic warrants that he needed to handle. Wright was then released after...