Greiner v. City of Champlin
| Citation | 816 F. Supp. 528 |
| Decision Date | 09 March 1993 |
| Docket Number | Civ. No. 4-91-781 through 4-91-784,4-91-864 and 4-91-865. |
| Parties | Lori Diane GREINER, Plaintiff, v. CITY OF CHAMPLIN, a Minnesota municipal corporation; Champlin Chief of Police Gene H. Kulander; Champlin Police Sgt. Allen Brunns; Champlin Police Officers Robert L. Penney and Jolene Sander, Defendants. Mona Belle WULFF, Plaintiff, v. CITY OF CHAMPLIN, a Minnesota municipal corporation; Champlin Chief of Police Gene H. Kulander; Champlin Police Sgt. Allen Brunns; Champlin Police Officers Robert L. Penney and Jolene Sander, Defendants. Kimberly Jo SALO, Plaintiff, v. CITY OF CHAMPLIN, a Minnesota municipal corporation; Champlin Chief of Police Gene H. Kulander; Champlin Police Sgt. Allen Brunns; Champlin Police Officers Robert L. Penney and Jolene Sander, Defendants. Joanne Elaine HYATT, Plaintiff, v. CITY OF CHAMPLIN, a Minnesota municipal corporation; Champlin Chief of Police Gene H. Kulander; Champlin Police Sgt. Allen Brunns; Champlin Police Officers Robert L. Penney and Jolene Sander, Defendants. Shelly Marie OTT, Plaintiff, v. CITY OF CHAMPLIN, a Minnesota municipal corporation; Champlin Chief of Police Gene H. Kulander; Champlin Police Sgt. Allen Brunns; Champlin Police Officers Robert L. Penney and Jolene Sander, Defendants. Robin Ann BARBEAU, Plaintiff, v. CITY OF CHAMPLIN, a Minnesota municipal corporation; Champlin Chief of Police Gene H. Kulander; Champlin Police Sgt. Allen Brunns; Champlin Police Officers Robert L. Penney and Jolene Sander, Defendants. |
| Court | U.S. District Court — District of Minnesota |
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Robert A. Hill, Hill Law Office, Minneapolis, MN, Robert W. Junghans, Junghans Law Office, Golden Valley, MN, for plaintiffs.
John K. Iverson, Erstad & Riemer, Minneapolis, MN, Paul D. Reuvers, Reuvers Law Office, Burnsville, MN, for defendants.
Six separate lawsuits have been filed against the City of Champlin, Minnesota, the Champlin Police Chief, and three individual police officers. Each lawsuit involves a single plaintiff and the same five defendants. This matter is before the Court on plaintiff Lori D. Greiner's motion for partial summary judgment and defendants' motion of summary judgment in all six cases.
Plaintiffs Lori D. Greiner and Mona B. Wulff jointly own a home at 206 Elm Creek Road, Champlin, Minnesota. Deposition of Lori D. Greiner at 5. On July 13, 1991, Greiner and Wulff co-hosted a party at their home for approximately 20 to 25 women. The party started around 6:00 p.m. Id. at 40. Greiner and Wulff provided food and beverages, including a keg of beer and a bottle of root beer schnapps. Id. The party took place in the backyard, and a portable stereo on the deck was playing music. Id. at 41, 48.
At approximately 1:30 a.m., the Champlin Police Department received a complaint about a loud party at 206 Elm Creek Road. Deposition of Allen Bruns at 10. Champlin Police Officers Jolene Sander and Robert L. Penney,1 Sergeant Allen Bruns, and Reserve Officer Chris Nozzarella were dispatched to the call. Id.2 Officer Sander had responsibility for the call. Id. Sander approached the residence and asked to speak with the homeowner. Deposition of Jolene Sander at 10. Officer Sander told Greiner and Wulff, the homeowners, to either keep the noise level down or close down the party. Deposition of Mona B. Wulff at 55. Sander also advised Wulff and Greiner that if the officers had to return, they would issue citations and close down the party. Id. The officers then left the residence. Id. at 57. The majority of guests decided to leave the party at this point. Greiner Dep. at 60-61. The stereo was also turned off. Id. at 60.
Approximately thirty minutes later, the Champlin Police Department received a second complaint about a loud party at 206 Elm Creek Road. Bruns Dep. at 19-20.3 Officer Sander arrived first and waited about a minute for the other officers to arrive, during which time she "heard the violation occurring." Sander Dep. at 12. When Officer Penney and Sergeant Bruns arrived, along with Reserve Officer Nozzarella, they joined Sander and approached the residence. As they approached, the officers heard loud voices and other noises. Id. at 12, 16. Greiner saw the officers approaching and met them in front of the attached garage. Greiner Dep. at 70. A group of other women also went into the garage. Sander approached the garage and shined a flashlight at plaintiff Robin A. Barbeau. Deposition of Robin A. Barbeau at 73. Barbeau claims that Sander shined the flashlight in her eyes and she asked Sander to please not do that. Id. Officer Sander claims she shined the flashlight into Barbeau's stomach, but Barbeau nevertheless used profanity in telling Sander to get the flashlight out of her face. Sander Dep. at 12. Barbeau claims after she protested, Officer Penney told her to "shut up bitch." Barbeau Dep. at 75.
At this point, Officer Sander told Barbeau to go into the backyard because she wanted to speak with Greiner and Wulff, the homeowners, alone. Greiner Dep. at 74. Greiner protested and said that Barbeau was her guest and had a right to stay there. Id. at 77. Another officer attempted to escort Barbeau to the backyard and, although she continued to protest, Barbeau eventually complied. Id. at 78-79. When she reached the backyard, Barbeau informed three people remaining that there was going to be a problem and they should get up front. Barbeau Dep. at 79-80. Most people moved into the garage at that point. Greiner Dep. at 87. Officer Sander informed Wulff and Greiner she would be issuing citations for violation of the public nuisance statute. Sander Dep. at 16. At that point, plaintiffs admit that at least one person, plaintiff Joanne E. Hyatt, started yelling profanities at the officers, insisting they were trespassing. Greiner Dep. at 97. Sander claims several women used profanity. Sander Dep. at 16. The officers informed everyone that the party was over and ordered everyone to leave. Wulff Dep. at 92. No one complied. Id. at 94. Greiner told the officers that she had invited any guests who felt they had too much to drink to stay overnight. Greiner Dep. at 94. At least two or three others joined in, insisting they were not going to leave because they had been invited to stay overnight. Id. at 99.
The officers refused to let anyone go into the house, despite protests from some guests that they had personal belongings in the house and needed to use the bathroom. Id. at 98-100. Barbeau admits advising everyone at that point to ignore the officers and to go into the house because the police would then be powerless. Barbeau Dep. at 86. Several people eventually went into the house, but there is some dispute about the circumstances. Defendants provide the following version of events. Defendants claim that after Barbeau told everyone to go into the house several people, including Barbeau and plaintiff Shelly M. Ott, "bolted" for the door and made it inside. Bruns Dep. at 35. Defendants assert that they considered Ott and Barbeau under arrest at that point. Id. Sergeant Bruns went over to the door and put his foot in it to prevent those inside from closing the door. Id. at 36. Ott struggled with the door attempting to pull it shut. Id. at 48. At that point, Sergeant Bruns decided to go into the house to make arrests and Officer Penney followed. Id. at 50.
Plaintiffs offer conflicting versions of events. Greiner asserts that the officers gave some people permission to go into the house, including Ott and Barbeau. Greiner Dep. at 105. Greiner also claims Ott announced before she was allowed in the house that she intended to stay all night. Id. at 107. Ott testified that she and Barbeau walked into the house and, although they did not have explicit permission to do so, the officers did not attempt to stop them either. Deposition of Shelly M. Ott at 126. Barbeau testified that she and Ott did not have permission to go into the house but instead ignored the officers' order to stay outside and ran into the house before the officers could stop them. Barbeau Dep. at 92-94. There does not appear to be any dispute that in the meantime Hyatt and Officer Penney were arguing and Penney was demanding that Hyatt leave immediately. Deposition of Joanne E. Hyatt at 44-45. Hyatt then announced that she was going into the house and she intended to stay the night. Id. at 45. When Hyatt attempted to go into the house, Officer Penney physically restrained her. Deposition of Robert L. Penney at 81. Hyatt claims that Penney put her into a choke-hold. Hyatt Dep. at 49. Using profanity, Hyatt demanded that Penney take his hands off her. Id. at 50. Hyatt claims that three officers then pulled her from the door and dragged her across the garage. Hyatt claims Officer Penney kneeled on her head while she was on the ground. Id. at 55. Officers Sander and Penney then handcuffed Hyatt. Sander Dep. at 24. Plaintiffs claim that Ott, who was inside at the time, became upset and attempted to go out into the garage but was blocked from the inside by Barbeau and plaintiff Kimberly Jo Salo, along with Sergeant Bruns who was standing in front of the door. Greiner Dep. at 111. Plaintiffs claim that at that point Sergeant Bruns announced that the officers were going to go inside. Id. at 112. Bruns, Penney, and Sander then pushed the door to the house open. Id. at 112-13.
There is little dispute as to what occurred after the officers were inside. Officer Sander instructed two women at the top of the steps to sit on the couch. They complied and were not arrested. Sander Dep. at 35. Officer Penney placed handcuffs on Ott. Penney Dep. at 127. During the handcuffing, Ott's shirt was pulled above her head and Penney refused to pull it back down. Penney claims he did not pull the shirt back down because she was struggling. Id. at...
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