Hancock v. Dodson
| Citation | 958 F.2d 1367 |
| Decision Date | 23 March 1992 |
| Docket Number | No. 90-2372,90-2372 |
| Court | United States Courts of Appeals. United States Court of Appeals (6th Circuit) |
| Parties | 35 Fed. R. Evid. Serv. 211 Joan P. HANCOCK, Individually and as Guardian and Conservator of the Estate of Danny L. Hancock, a legally incapacitated person; Deborah Gerber, Plaintiffs-Appellants, v. Barry DODSON; Art Schrah; City of Lake Orion, a Municipal Corporation; Gordon Pizzini; J. Duke; D. Finney; D. Feneley; Oakland County Sheriff's Department; Oakland County, a Municipal Corporation; Lake Orion Police Department, Defendants-Appellees, Blue Cross & Blue Shield of Michigan, Claimant. |
Geoffrey N. Fieger (briefed), Dennis M. Fuller (argued), Fieger, Fieger & Schwartz, Southfield, Mich., for plaintiffs-appellants.
Robert D. Brignall (argued and briefed), Vandeveer, Garzia, Tonkin, Kerr, Heaphy, Moore & Sills, Detroit, Mich., John J. Lynch, David B. Timmis, Birmingham, Mich., James I. DeGrazia, Maura D. Corrigan (argued and briefed), Plunkett, Cooney, Rutt, Watters, Stanczyk & Pedersen, Detroit, Mich., for defendants-appellees.
Before: KENNEDY and JONES, Circuit Judges; and CONTIE, Senior Circuit Judge.
Appellant John P. Hancock appeals the district court's entry of summary judgment in favor of appellees Art Schrah and City of Lake Orion, and the jury verdict in favor of appellees Oakland County, Oakland County Sheriff's Department and Officers Dodson, Duke, Pizzini, Finney and Feneley in this section 1983 civil rights action.
On July 19, 1986 appellant and her husband Danny L. Hancock ("Hancock") had an argument at their home. Hancock became upset and went out to the barn, taking one of his guns with him. Hancock had a history of depression and had threatened suicide in the past. Therefore, appellant was concerned by her husband's actions, and called his psychologist Dr. Kostere. Appellant told the doctor that she either heard a gun go off or thought she heard a gun shot. In response, Dr. Kostere called the Oakland County Sheriff's Department, because he thought that the situation posed a threat of severe danger.
A police radio dispatcher called Hancock's home to determine the scope of the problem. In response, Hancock stated that it was of no concern to the police department, and "if you send any cops over here, I'll kill them." Appellee's (Oakland) Brief at 7 n. 4. The radio communications thus alerted the officers that the incident involved a man with a gun, who was suicidal, possibly homicidal, and threatened to kill any officer who attempted to intervene.
Officer Gordon Pizzini was the first officer at the scene. Officer Dodson arrived shortly thereafter. Art Schrah of the Lake Orion police department was the next to arrive and was the only city police officer at the scene that evening. Officers Finney and Feneley joined the group, which met at Finney's car to discuss how best to handle the situation.
The officers decided that Dodson and Schrah would proceed behind the house while the other three officers remained in front of the house. While Dodson and Schrah walked to the back of the house, Dodson heard someone yelling inside in an "agitated, angry, hostile" tone. Looking through the back of the house, Dodson apparently could see a weapon positioned near the front door. Dodson opened the back screen door in order to determine if there were any victims in the house and to retrieve the weapon. Dodson worked his way through the house toward the front door. He heard Hancock screaming at the other three officers in the front of the house. Hancock then stepped out on to the front porch, at officer Pizzini's request.
As Dodson approached the front door from behind Hancock, he drew his gun, opened the door, stepped out on to the porch, and said: "We are the police, let's talk." At that instant, Hancock whirled around and struck Dodson on his inner thigh with his fist. At that point, a struggle to subdue Hancock ensued, but Officer Schrah was knocked away from the scene. He attempted to grab Hancock's arm, but was bumped out of the way before any physical contact occurred. Hancock was eventually handcuffed, driven to the police station and booked. Hancock was charged with assault and battery, disorderly conduct and resisting and obstructing arrest. The resisting and obstructing charges were later dropped, and Hancock plead guilty and paid a $60.00 fine for assault and battery and disorderly conduct.
At the time Hancock was brought into the police station, there was no evidence that he was severely injured. Hancock made no complaints about his treatment, and the nurse at the facility examined Hancock and found nothing wrong with him. Nevertheless, appellant alleged that Hancock was severely beaten by the arresting officers. Appellant contends that, immediately after his release from jail, he went to the Pontiac Osteopathic Hospital. Although no further medical treatment was recommended, and Hancock received no further treatment regarding this incident, the hospital's report clearly exhibited that Hancock had received some blows about the head and neck, as evidenced by the numerous bruises and other injuries noted by the physician in his Emergency Room Report. Joint Appendix at 524-27.
On January 5, 1987 Hancock was involved in a one-vehicle rollover accident when he lost control of his truck. Appellant claimed that Hancock did not appear to be seriously injured and he did not seek immediate medical care. Appellant stated that Hancock suffered no loss of consciousness or apparent physical injury from the accident. However, as a result of the accident, Hancock received a knot on the side of his head.
About seven weeks after the accident, Hancock began experiencing severe headaches, dizziness, loss of balance and pain. On February 25, 1987 he was taken to the emergency room where a subdural hematoma was diagnosed. The doctors performed emergency surgery on Hancock, which involved draining the hematoma.
The experts at trial testified that the fluid drained from the hematoma was a "crankcase oil" coloration. Appellant's experts testified that this was indicative of a longstanding injury, and that they believed that the hematoma originated with the police encounter. The appellees' experts testified that this fluid indicated an injury two weeks to two months old, which coincided with the vehicle accident.
Because of the pressure caused by the hematoma, Hancock developed permanent cognitive dysfunction which left him in a chronic vegetative state. On February 24, 1989, appellant brought suit alleging a violation of section 1983, assault and battery, excessive use of force and other state law claims. Appellant also filed a prior auto negligence action in another forum against a party not involved in this action seeking to recover for the same injuries.
Appellees Schrah and Lake Orion first moved for summary judgment on November 17, 1989. On January 19, 1990 appellants moved to amend their complaint to add a claim that Hancock's fourth and fourteenth amendment rights were also violated.
On February 26, 1990, the district court ordered that appellant's claims against the Lake Orion Police Department were dismissed with prejudice, that appellant's fifth and eighth amendment claims against the City of Lake Orion and Officer Schrah were dismissed with prejudice and that appellant's assault and battery claims against Schrah were dismissed with prejudice pursuant to the stipulation of the parties. The stipulation occurred because discovery had established that Schrah had never touched Hancock. In the same order, the district court denied without prejudice appellees' motion for summary judgment on the fourth and fourteenth amendments and section 1983 claims against Schrah and Lake Orion.
On February 27, 1990, the U.S. Magistrate granted appellant's motion to amend their complaint. Appellant again filed an amended complaint, ignoring the order of February 26, 1990. Accordingly, appellees renewed their motion for summary judgment on the fourth and fourteenth amendments and section 1983 claims. On July 26, 1990, the district court granted summary judgment as to all remaining fourth and fourteenth amendment claims against Schrah and Lake Orion. Appellant appealed this order, but later decided to address the order on appeal after trial.
The case proceeded to trial against the remaining appellees, including Oakland County and the county sheriff's department. After a lengthy trial, at which numerous disputed evidentiary issues were addressed, the jury returned a verdict for appellees.
Appellant then filed a notice of appeal, challenging the district court's grant of summary judgment for Schrah and the city of Lake Orion. Appellant also challenges numerous evidentiary issues which emerged at trial.
Appellant first contends that the district court erred in allowing into evidence Hancock's guilty plea to the misdemeanor of assault and battery because it was hearsay and does not come within the exception to Federal Rules of Evidence 803(22) which permits hearsay evidence of final judgments entered on a plea of guilty.
A district court's evidentiary determinations are subject to an abuse of discretion standard of review. See United States v. Rios, 842 F.2d 868, 872 (6th Cir.1988), cert. denied, 488 U.S. 1031, 109 S.Ct. 840, 102 L.Ed.2d 972 (1989). However, a district court's conclusions of law, such as whether proffered evidence constitutes hearsay within the meaning of the Federal Rules of Evidence, are reviewed de novo. United States v. Levy, 904 F.2d 1026, 1029 (6th Cir.1990), cert. denied, --- U.S. ----, 111 S.Ct. 974, 112 L.Ed.2d 1060 (1991).
A guilty plea to a misdemeanor charge made by a non-party is hearsay, and is not made an exception to the general rule barring admissibility of hearsay evidence by application of FRE 803(22). That exception allows the admission of evidence of a final judgment upon a guilty plea only if the crime is...
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