Adams v. Metiva
| Decision Date | 01 August 1994 |
| Docket Number | No. 93-1615,93-1615 |
| Citation | 31 F.3d 375 |
| Parties | Gene Autrey ADAMS, Plaintiff-Appellant, v. Paul METIVA, Defendant-Appellee. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Lawrence D. Hochman (argued), Hugh M. Davis, Jr., Hugh M. Davis, Jr., P.C., Detroit, MI, for plaintiff-appellant.
Donald S. McGehee (argued and briefed), Office of the Atty. Gen. of Michigan, Lansing, MI, for defendant-appellee.
Before: MILBURN and BATCHELDER, Circuit Judges; and CONTIE, Senior Circuit Judge.
Plaintiff-appellant, Gene Autrey Adams, appeals the district court's grant of summary judgment to defendant-appellee, Paul Metiva, in this 42 U.S.C. Sec. 1983 suit. For the following reasons, we reverse the judgment of the district court.
This Sec. 1983 suit arises from a traffic stop which escalated into a confrontation between plaintiff Adams, a passenger in a car which was stopped for emitting excessive fumes by defendant, police officer Paul Metiva.
Plaintiff, Gene Autrey Adams, is a black male truck driver, a freight hauler, from St. Louis, Missouri, who on June 27, 1991, dropped off a load from New Jersey in Ypsilanti, Michigan. He then went to a friend's house, the home of the sister of Alvin Martindale. After working on Martindale's car, he fell asleep and was awakened by Martindale, who asked plaintiff to go with him to his estranged wife's house to pick up some video tapes. Plaintiff Adams agreed to go, was wearing a T-shirt, boxer shorts, had on no shoes or socks, and was not carrying his wallet. Plaintiff got in the car and alleges that he put his seat belt on. Martindale drove to his wife's house and plaintiff, the passenger in the car, fell asleep during the ride. Defendant Officer Metiva pulled the car over because it was emitting excessive fumes. Defendant's younger 20-year-old brother was a "ride along" passenger in the police car (police policy allows "ride alongs" who are interested in becoming policemen). After arresting Martindale, whom Metiva suspected was drunk, handcuffing him, and placing him in the police vehicle, defendant Metiva woke plaintiff up, ordered him out of the car, and asked him for identification. Defendant alleges plaintiff was not wearing a seat belt, but plaintiff alleges he was wearing a seat belt. Plaintiff was not carrying any identification and thus was unable to produce any identification. Plaintiff was twice subjected to a pat-down search by defendant in which plaintiff alleges he was roughed up. Defendant Metiva alleges that plaintiff Adams was drunk and disorderly and assaulted him after the second pat-down search. Two witnesses testified that it appeared that Metiva was harassing plaintiff, that plaintiff was not disorderly or violent, and that he did not touch Metiva. Plaintiff started to walk away from the car and was ordered to stop by defendant. When he kept on going, defendant sprayed mace in plaintiff's face. Plaintiff turned around to get back in the car, and defendant sprayed mace in his face again because he refused to lie down and be handcuffed. Plaintiff and two witnesses allege that defendant continued to spray mace in plaintiff's face after he was seated back in the car and was incapacitated. Defendant denies he sprayed mace in plaintiff's face after he had returned to the car. Plaintiff was arrested and charged with assault on a police officer, resisting arrest, obstructing justice, and disorderly conduct.
A criminal trial was held on October 11, 1991. On October 16, 1991, plaintiff was acquitted by a jury of all charges. Plaintiff was issued a seat belt restraint violation and was notified of a hearing date, but failed to contest the citation or pay the fine. 1
On May 21, 1992, plaintiff filed suit in the United States District Court for the Eastern District of Michigan. The complaint alleged violation of 42 U.S.C. Sec. 1983 for the use of excessive force and unreasonable search and seizure in violation of the Fourth Amendment. Plaintiff alleged pendent state claims of malicious prosecution, false arrest and imprisonment, and assault and battery.
On January 29, 1993, defendant filed a motion for summary judgment, which the district court granted in an opinion and order of March 31, 1993. Plaintiff timely filed a notice of appeal.
Plaintiff first argues that the district court erred in granting defendant's motion for summary judgment in regard to whether an unreasonable seizure under the Fourth Amendment occurred.
This court reviews an order granting summary judgment de novo. Patton v. Bearden, 8 F.3d 343, 346 (6th Cir.1993). Summary judgment may be granted only where there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 2552-53, 91 L.Ed.2d 265 (1986). The court considering a motion for summary judgment must consider "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any," in the light most favorable to the party opposing the motion. Id. at 323, 106 S.Ct. at 2553; Matsushita Electric Industrial Co. v. Zenith Radio Corp., 475 U.S. 574, 587-88, 106 S.Ct. 1348, 1356-57, 89 L.Ed.2d 538 (1986); E.E.O.C. v. University of Detroit, 904 F.2d 331, 334 (6th Cir.1990). The non-moving party may not rely on his pleadings alone, but must demonstrate the existence of a genuine issue for trial by pointing to "specific facts" that create such an issue. Matsushita, 475 U.S. at 586-87, 106 S.Ct. at 1356-57; Celotex Corp. v. Catrett, 477 U.S. at 324, 106 S.Ct. at 2553. The judge may not make credibility determinations or weigh the evidence. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 2513-14, 91 L.Ed.2d 202 (1986).
A careful review of the transcript of the criminal trial, in which plaintiff was acquitted of resisting arrest, assaulting a police officer, obstructing justice, and disorderly conduct, reveals the following. 2
Defendant Metiva testified that he decided to make a traffic stop on a vehicle because excessive fumes were coming from it and pulled the car over on Nancy Street, a high crime area where illegal drug transactions are not unusual. Defendant testified he arrested Martindale, the driver of the car, because he was unable to produce his license or proof of insurance and Metiva smelled alcohol on Martindale's breath. Metiva then handcuffed Martindale and placed him in the front seat of the patrol car for transportation to the station. 3 Defendant's "ride along" brother got in the back seat of the patrol car.
Metiva testified that he next approached the passenger side of the car to obtain identification from plaintiff Adams, who responded with vulgarities. Defendant testified he ordered plaintiff out of the car to conduct a pat-down search, but that plaintiff was fidgety so he was unable to perform a thorough pat-down. Defendant reiterated his request for identification and claimed that plaintiff responded by moving close to him and threatening him if he did not leave plaintiff alone. Defendant asked plaintiff to get back in the car and plaintiff complied.
Defendant returned to his police vehicle, requested assistance, and within a few minutes, Deputy Troy Bevier arrived. After explaining the situation to Deputy Bevier, defendant and Bevier approached the passenger side of the car to obtain identification from plaintiff, who again allegedly responded with vulgarities and refusal. Defendant asked plaintiff to get out of the car so he could perform a second pat-down search for weapons.
Defendant testified that while he was performing the second pat-down, plaintiff turned around, struck him in the chest with his right hand, knocked off his clip-on tie, and started to walk away. Defendant testified he ordered plaintiff to stop and told him he was under arrest. Defendant testified that when plaintiff did not stop, he sprayed plaintiff with mace in order to effect an arrest. While defendant was spraying the mace, he told plaintiff to lie on the ground so that defendant could handcuff him, but plaintiff refused. Defendant testified that he and Deputy Bevier "herded" plaintiff back to Martindale's car and plaintiff sat back down in the passenger seat. Defendant testified that several other officers arrived, including Trooper Bradley Breedveld, who went back to the car with defendant and helped him persuade plaintiff to get out of the car. Metiva then handcuffed plaintiff and transported him to the station in the patrol car.
Defendant's account of the events is essentially corroborated by the testimony of Deputy Sheriff Bevier, who testified that plaintiff responded to his request for identification with vulgarities and refused to give him any information. He testified that when plaintiff was ordered to get out of the car for a second pat-down search, defendant would not allow them to search him, pushed both officers away, and swung his left arm around, striking Trooper Metiva "in the upper region." Bevier testified that Metiva told plaintiff that he was not to leave and was under arrest, and that when defendant refused to stop, Metiva sprayed plaintiff in the face with mace. Bevier testified that a crowd had gathered, people were yelling and screaming, and the crowd was getting very irate. He stated that when plaintiff got back into Martindale's car, Metiva did not continue to mace him.
Trooper Breedveld testified that when he arrived, plaintiff was sitting in Martindale's car and appeared to be very upset, accusing the police of being racist, that it was not fair to spray him with mace, that he was from out of state, and that they didn't treat blacks in such a manner where he came from.
In contrast to the officers' testimony, at his criminal trial plaintiff testified that he was a truck driver from St. Louis, Missouri, who...
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