Maxwell v. City of Indianapolis
Decision Date | 29 June 1993 |
Docket Number | No. 92-2637,92-2637 |
Citation | 998 F.2d 431 |
Parties | Richard E. MAXWELL, Plaintiff-Appellee, v. The CITY OF INDIANAPOLIS, Sergeant Harry Gurnell, Officer Dennis Rahn, and Officer George Diehl, Defendants-Appellants. |
Court | U.S. Court of Appeals — Seventh Circuit |
Neil L. Weisman (argued), Bleecker, Brodey & Andrews, Indianapolis, IN, for plaintiff-appellee.
Andrew P. Wirick, City Counsel (argued), City-County Legal Dept., MaryAnn G. Oldham, City-County Legal Div., Indianapolis, IN, for defendants-appellants.
Before BAUER, Chief Judge, FLAUM, and MANION, Circuit Judges.
America's Most Wanted airs on Sunday nights in Indianapolis. Rudell Combs, as well as several other employees of K-Whit Tool Company, tuned in on July 1, 1990. That night the program featured fugitive Don Moore, a former teacher wanted in Los Angeles for twenty-one counts of "fondling, masturbation, oral copulation and sexual intercourse with several of his fifth grade students." After viewing the program, Combs and other employees were convinced that co-worker Richard Maxwell was Moore. The next morning Combs called America's Most Wanted and explained why he and other K-Whit employees believed Maxwell to be Moore. According to them, Maxwell's age, general appearance, a missing finger tip, and his precise handwriting matched the description of Don Moore. In addition, Maxwell did not report to work the day after the episode ran.
After being contacted by America's Most Wanted, Detective Lyon of the Los Angeles Police Department faxed a copy of a police bulletin and the America's Most Wanted information sheet to Sergeant Harry Gurnell in Indianapolis. The bulletin, dated September 11, 1987, contained a photograph of Moore, a fingerprint classification, and specific identifiers. According to the bulletin, Moore is a male caucasian born on September 25, 1933 who is 5'11", weighs 175 pounds, and has grey hair, green eyes, a fair complexion, a grey moustache and a goatee. In addition, Moore is missing the tip of his left index finger.
On the morning of July 3, 1990, Sergeant Gurnell, Officer Rahn, and Officer Diehl went to K-Whit Tool Company and talked with Combs. Then they summoned Maxwell to the front office to interview and observe him. Maxwell presented his Michigan driver's license, his birth certificate, and a social security card. It turns out that Maxwell is also a male caucasian born in 1933 who has grey hair, grey eyes, a grey mustache, and a fair complexion. But the similarities end there: Maxwell is 6'5", weighs 270 pounds, and is missing the tip of his left middle finger.
Naturally, Maxwell protested that he was not Moore. Believing otherwise, the officers handcuffed Maxwell and took him downtown to the Indianapolis Police Department for fingerprinting. The fingerprints established conclusively that Maxwell was not Moore. Officer Diehl and Officer Rahn then returned Maxwell to K-Whit Tool Company and notified Maxwell's superiors that he was not Moore. Maxwell sued.
I.
In response to Maxwell's suit, brought under 42 U.S.C. § 1983, the three officers, claiming that they had probable cause for the arrest and were entitled to immunity in any case, requested summary judgment. Their motion was unsuccessful, a decision we review de novo. Doe v. Allied-Signal, Inc., 925 F.2d 1007, 1008 (7th Cir.1991); DeBruyne v. Equitable Life Assurance Soc'y, 920 F.2d 457, 463 (7th Cir.1990). We can affirm the district court's ruling on any basis finding support in the record. Dairyland Financial Corp. v. Federal Intermediate Credit Bank, 852 F.2d 242, 244 (7th Cir.1988). In examining the record, we draw all reasonable inferences from it in the light most favorable to the non-moving party. Lohorn v. Michal, 913 F.2d 327, 331 (7th Cir.1990). The non-moving party must identify specific facts to establish that there is a genuine triable issue. If we find evidence sufficient to sustain a jury verdict in favor of the non-moving party, we will affirm the denial of summary judgment. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505, 2512, 91 L.Ed.2d 202 (1986).
The three police officers initially argue that they were performing the "functional equivalent" of an investigatory stop under Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). Therefore, they need only demonstrate that they had a reasonable suspicion. In their eyes, the substantial correlation of identifiers and the independent corroboration by Maxwell's fellow K-Whit employees created the necessary reasonable suspicion. But the officers themselves acknowledge that they handcuffed Maxwell and took him to Police Headquarters for fingerprinting. This is the "functional equivalent" of an arrest. See Hayes v. Florida, 470 U.S. 811, 105 S.Ct. 1643, 84 L.Ed.2d 705 (1985) ( ); Florida v. Royer, 460 U.S. 491, 103 S.Ct. 1319, 75 L.Ed.2d 229 (1983) ( ); Dunaway v. New York, 442 U.S. 200, 99 S.Ct. 2248, 60 L.Ed.2d 824 (1979) ( ); United States v. Glenna, 878 F.2d 967, 975 (7th Cir.1989) (Flaum, J., dissenting) ( ). Because the conduct of the officers in this instance had all the trappings of a traditional arrest, they would need to have had probable cause to take Maxwell in for fingerprinting.
The police have probable cause to arrest an individual when " 'the facts and circumstances within their knowledge and of which they [have] reasonably trustworthy information [are] sufficient to warrant a prudent [person] in believing that the [suspect] had committed or was committing an offense.' " United States v. Goudy, 792 F.2d 664, 668 (7th Cir.1986) (quoting Beck v. Ohio, 379 U.S. 89, 91, 85 S.Ct. 223, 225, 13 L.Ed.2d 142 (1964)); see also United States v. Ingrao 897 F.2d 860, 862 (7th Cir.1990); United States v. Serna-Barreto, 842 F.2d 965, 966 (7th Cir.1988). Probable cause is often a matter of degree, varying with both the need for prompt action and the quality of information available. See Illinois v. Gates, 462 U.S. 213, 238-39, 103 S.Ct. 2317, 2332, 76 L.Ed.2d 527 (1983); Gramenos v. Jewel Companies, Inc., 797 F.2d 432, 438 (7th Cir.1986), cert. denied, 481 U.S. 1028, 107 S.Ct. 1952, 95 L.Ed.2d 525 (1987). While many formulations for probable cause exist, all refer to the exercise of judgment, which "turn[s] on the assessment of probabilities in particular factual contexts--not readily, or even usefully, reduced to a neat set of legal rules." Gates, 462 U.S. at 232, 103 S.Ct. at 2329. These sorts of assessments typically would fall within the province of the jury, which determines whether probable cause existed in a given case and if not, whether the officer, unless immune, is liable for damages.
If the underlying facts supporting the probable cause determination are not in dispute, the court can decide whether probable cause exists. See Banish v. Locks, 414 F.2d 638, 641 (7th Cir.1969); Schertz v. Waupaca County, 875 F.2d 578, 582 (7th Cir.1989). Normally, this decision occurs in the context of a motion to suppress evidence, which requires a judge to review both law and fact and to decide when conduct exceeds the bounds of reasonableness. On the other hand, if the question of probable cause arises in a damages suit, it is a proper issue for the jury if there is room for a difference of opinion concerning the facts or the reasonable inferences to be drawn from them. See Llaguno v. Mingey, 763 F.2d 1560, 1565 (7th Cir.1985) (en banc) (plurality opinion); Moore v. Marketplace Restaurant, Inc., 754 F.2d 1336, 1346-47 (7th Cir.1985); see also Lester v. City of Chicago, 830 F.2d 706, 715 (7th Cir.1987) ( ). Accordingly, a conclusion that probable cause existed as a matter of law is appropriate only when no reasonable jury could find that the officers did not have probable cause to arrest Maxwell.
The three officers insist that because no facts are in dispute, the district court should have resolved the probable cause issue as a matter of law. They offer several pieces of circumstantial evidence in support of finding probable cause: the similarity in general appearance between Maxwell and the fugitive described in the warrant, the missing finger tip, the neat handwriting, and the "witness" identifications by the America's Most Wanted fans at K-Whit. Originally, Sergeant Gurnell reported that Maxwell matched everything they had on paper about Moore. Although neither he nor the other officers now believe this to be true, they nonetheless maintain that the discrepancy between the description in the warrant and the appearance of the person arrested by them did not undermine probable cause. Cf. Patton v. Przybylski, 822 F.2d 697, 699 (7th Cir.1987) ( ); Johnson v. Miller, 680 F.2d 39, 41 (7th Cir.1982) ( ).
Nevertheless, we cannot say that the trial court, on the record before it, could summarily decide the issue of probable cause. Neither Patton nor Johnson is dispositive on this point. In both cases our decision turned on the fact that the name of the arrestee was the same as that in the warrant. Here both the names and circumstances differ. Consequently, the discrepancies between Maxwell and the fugitive Moore loom larger. A review of the description of Moore in comparison to the appearance of Maxwell does raise a substantial question as to whether a prudent police officer would have probable...
To continue reading
Request your trial-
Mwangangi v. Nielsen
...312 (2017). Probable cause is "a practical, common-sense determination." Sornberger , 434 F.3d at 1013 (citing Maxwell v. City of Indianapolis, 998 F.2d 431, 434 (7th Cir. 1993) ). Officers will ordinarily have probable cause "when a reasonable officer with all the knowledge of the officers......
-
Hyung Seok Koh v. Graf
...a matter of degree, varying with both the need for prompt action and the quality of information available." Maxwell v. City of Indianapolis , 998 F.2d 431, 434 (7th Cir. 1993). Generally, the question of probable cause is a question for the jury. See id. (probable cause "is a proper issue f......
- Brown v. City of Fort Wayne, Cause No. 1:09–cv–150.
-
Rebolar v. City of Chi.
...may decide whether probable cause exists. Gonzalez v. City of Elgin, 578 F.3d 526, 537 (7th Cir.2009), citing Maxwell v. City of Indianapolis, 998 F.2d 431, 434 (7th Cir.1993). Once probable cause relating to an offense is established, all Section 1983 liability against the arresting office......