849 F.2d 152 (5th Cir. 1988), 87-4782, Brumfield v. Jones
|Citation:||849 F.2d 152|
|Party Name:||Jimmie Arnold BRUMFIELD, et al., Plaintiffs-Appellants, v. Don JONES, Mayor, in his Official Capacity, et al., Defendants-Appellees.|
|Case Date:||June 24, 1988|
|Court:||United States Courts of Appeals, Court of Appeals for the Fifth Circuit|
Jimmie A. Brumfield, II, pro se.
Arax T. Brumfield, pro se.
Sara M. Brumfield, pro se.
Edwin L. Blewer, Jr., Kenneth Mascagni, Shreveport, La., for defendants-appellees.
Appeal from the United States District Court for the Western District of Louisiana.
Before POLITZ, JOHNSON, and HIGGINBOTHAM, Circuit Judges.
POLITZ, Circuit Judge:
Jimmie Arnold Brumfield appeals the summary judgment dismissal of his 42 U.S.C. Sec. 1983 claim against the City of Bossier City, Louisiana, its mayor, police department, and one of its police officers. His wife, Arax T. Brumfield, individually and on behalf of their minor daughter Sara Brumfield, appeals the Fed.R.Civ.P. 12(b)(6) dismissal of their claims. Concluding that the complaint of Arax and Sara Brumfield fails to state a claim upon which relief can be granted, we affirm that dismissal. But finding disputed issues of material fact as to some of the claims advanced by Jimmie Brumfield, for the reasons assigned we affirm in part and reverse and remand in part the summary judgment.
Although the course of the criminal proceedings against Jimmie Brumfield is convoluted, the underlying facts are essentially straightforward. On the morning of May 3, 1986, Bossier City Police Officers Michael Beam and Charles Spraggins glanced into an auto stopped for a traffic light and saw a small child, who appeared to be under five years of age, but was not secured by a child-restraint device as required by state law. 1 The Brumfields were passengers in the auto. The officers pulled the car over and called for the driver to step out of the vehicle. Jimmie Brumfield exited the auto on the passenger side and walked to the officers.
According to Jimmie Brumfield's affidavit, he approached the officers, told them he and his wife were attorneys, and questioned their issuing a citation to the driver. He attests that he returned to the auto when the officers asked him to do so, but admits that he subsequently expressed his views as to their mental perspicacity. 2 The affidavit of Arax Brumfield supports this version of the facts.
The officers contend that Jimmie Brumfield ignored their repeated requests to return to the auto and continued to interfere with their attempts to issue a citation to the driver. After Brumfield returned and sat down next to the vehicle, the officers spoke with the driver, determined the age of the child, and issued a citation for lack of a child-restraint device, and for failure to carry proof of insurance in the vehicle.
Immediately after Brumfield referred to the officers as "dummies" they called in their supervisor, Sgt. Robinson. Sgt. Robinson arrived as the driver was signing the citation. After discussing the matter with Robinson, the officers arrested Jimmie Brumfield for interfering with an officer. He was then searched, handcuffed, and placed in the police patrol car. Brumfield alleges that he was handled roughly and callously. The officers claim that they followed routine arrest procedures, used no unnecessary force, and did not injure Brumfield.
Brumfield was convicted in Bossier City Court of resisting an officer in violation of Bossier City Code Sec. 8-165(a), 3 and was fined $25.00. The conviction was affirmed on appeal to the state district court. The Louisiana Second Circuit Court of Appeal denied an application for writs, as did the Supreme Court of Louisiana. On reconsideration, however, the Supreme Court of Louisiana granted writ and remanded the case to the Court of Appeal "for an opinion determining the sufficiency of the evidence and the constitutional questions involved in resisting arrest by words or annoying conduct during an investigation."
On remand, after the decision by the...
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