Baldwin v. Estherville, No. C 15–3168–MWB

• Court: U.S. District Court — Northern District of Iowa
• Writing for the Court: MARK W. BENNETT, U.S. DISTRICT COURT JUDGE, NORTHERN DISTRICT OF IOWA
• Citation: 218 F.Supp.3d 987
• Docket Number: No. C 15–3168–MWB
• Decision Date: 18 November 2016
• Parties: Gregory BALDWIN, Plaintiff, v. ESTHERVILLE, IOWA ; Matt Reineke, Individually and in his Official Capacity as an Officer of the Estherville Police Department; and Matt Hellickson, Individually and in his Official Capacity as an Officer of the Estherville Police Department, Defendants.

218 F.Supp.3d 987

Gregory BALDWIN, Plaintiff,
v.
ESTHERVILLE, IOWA ; Matt Reineke, Individually and in his Official Capacity as an Officer of the Estherville Police Department; and Matt Hellickson, Individually and in his Official Capacity as an Officer of the Estherville Police Department, Defendants.

No. C 15–3168–MWB

United States District Court, N.D. Iowa, Central Division.

Signed November 18, 2016

218 F.Supp.3d 988

Jack Bjorn Bjornstad, Jack Bjornstad Law Office, Okoboji, IA, for Plaintiff.

Douglas L. Phillips, Rene Charles Lapierre, Klass Law Firm, L.L.P., Sioux City, IA, for Defendants.

218 F.Supp.3d 989

MEMORANDUM OPINION AND ORDER REGARDING THE PARTIES' CROSS–MOTIONS FOR SUMMARY JUDGMENT

MARK W. BENNETT, U.S. DISTRICT COURT JUDGE, NORTHERN DISTRICT OF IOWA

TABLE OF CONTENTS

I. INTRODUCTION ...989

A. Factual Background ...989

1. The parties ...989

2. The pertinent City ordinances ...989

3. Baldwin's pre-incident operation of ATVs in the City ...991

4. The incidents giving rise to Baldwin's claims ...992

B. Procedural Background ...993

II. LEGAL ANALYSIS ...994

A. Standards For Summary Judgment ...994

B. The Iowa Constitutional Claims ...995

1. Arguments of the parties ...995

2. Analysis ...996

C. The Federal Constitutional Claim ...996

1. Arguments of the parties ...996

2. Analysis ...997

a. Mere negligence ...997

b. Existence of a constitutional violation ...998

c. Qualified immunity ...1001

D. The State Law False Arrest Claim ...1003

III. CONCLUSION ...1004

Did the defendant city police officers violate the plaintiff's rights under the United States and Iowa constitutions and commit the common-law tort of false arrest when they arrested the plaintiff for riding his ATV on and in a ditch beside a city street, allegedly in violation of a state statute that the officers believed had been, but was not, incorporated into the city's code of ordinances? The defendants—the city and the police officers—have moved for partial summary judgment on the plaintiff's claims of violation of the Fourth Amendment to the United States Constitution and false arrest. The plaintiff has cross-moved for partial summary judgment on liability on all of his claims, which would leave only damages issues for trial.

I. INTRODUCTION

A. Factual Background

This statement of the factual background does not necessarily include all of the parties' factual allegations and disputes, nor is it necessarily cast in precisely the terms used by the parties. Rather, it focuses on the key facts to put the parties' disputes in context, stated and rearranged as I deemed appropriate. Unless otherwise indicated, the following facts are undisputed.

1. The parties

Plaintiff Greg Baldwin has lived in defendant Estherville, Iowa, (the City) at the same address, for approximately 25 years. Defendant Matt Reineke has been employed by the City as a police officer since 1999. Defendant Matt Hellickson has been employed by the City as a police officer since 2007. This case arises from a citation of Baldwin by Officer Reineke for improper operation of his ATV in the City on November 10, 2013, for which Officer Hellickson arrested Baldwin on November 13, 2013.

2. The pertinent City ordinances

This case involves numerous provisions that were, or that were believed to be, part of the City's Code of Ordinances. Specifically, on March 17, 1980, the City passed

218 F.Supp.3d 990

Ordinance No. 429, which amended its Code of Ordinances, Title II ("Community Protection"), Division 1 ("Law Enforcement"), to add Chapter 7 ("Supplemental Estherville Traffic Code"). Defendants' Appendix at 6–7. Chapter 7 included newly-created Ordinance E–321.1, which provided, as follows:

E–321.1 OFFENSES. All sections of the state statutory law, rules of the road, Chapter 321 of the Code of Iowa the offense of which constitutes a simple misdemeanor, are hereby adopted and incorporated by this reference the same as if set forth in full herein into the Code of Ordinances of the City of Estherville, Iowa, and the violation of such applicable state statutory laws of the road shall be a violation of this chapter if the offense occurs within the territorial city limits of the City of Estherville.

Defendants' Appendix at 8. Newly-adopted Ordinance E–321.2 provided, in pertinent part, as follows:

E–321.2 CITING OFFENSES. Citations issued under this chapter shall bear the prefix letter "E" and the applicable corresponding state statutory section of Chapter 321 of the Code of Iowa.

Defendants' Appendix at 8.

IOWA CODE § 321.234A(1)(f), which the parties agree was incorporated into the City's Code of Ordinances by new Chapter 7, provides as follows:

All-terrain vehicles shall not be operated on a highway unless one or more of the following conditions apply:

* * *

f. The all-terrain vehicle is operated on a county roadway in accordance with section 321I.10, subsection 2, or a city street in accordance with section 321I.10, subsection 3.

Defendants' Appendix at 11. The subsections of § 321I.10 cross-referenced in § 321.234A(1)(f) provide as follows:

2. A registered all-terrain vehicle or off-road utility vehicle may be operated on the roadways of that portion of county highways designated by the county board of supervisors for such use during a specified period. The county board of supervisors shall evaluate the traffic conditions on all county highways and designate roadways on which all-terrain vehicles or off-road utility vehicles may be operated for the specified period without unduly interfering with or constituting an undue hazard to conventional motor vehicle traffic. In designating such roadways, the board may authorize all-terrain vehicles and off-road utility vehicles to stop at service stations or convenience stores along a designated roadway.

3. Cities may designate streets under the jurisdiction of cities within their respective corporate limits which may be used for the operation of registered all-terrain vehicles or registered off-road utility vehicles. In designating such streets, the city may authorize all-terrain vehicles and off-road utility vehicles to stop at service stations or convenience stores along a designated street.

IOWA CODE § 321I.10(2)–(3).¹ The parties now agree that, when the City incorporated IOWA CODE CH. 321 into its Code of Ordinances, IOWA CODE CHS. 321A through 321M, including IOWA CODE CH. 321I, where not incorporated.

Another chapter of the City's Code of Ordinances, Title II, Division 1, is Chapter

218 F.Supp.3d 991

9 ("All–Terrain Vehicles or ATV and Off Road Utility Vehicles or UTV"), which deals specifically with the legal operation of ATVs within the city limits. Among other ordinances not at issue, here, Chapter 9 includes Ordinance 219–2, which provides, as follows:

219–2 PLACE OF OPERATION. ATV/UTVs may be operated upon the streets of the City of Estherville, Iowa, except as prohibited in Subsection 1 of this section, by persons possessing a valid Iowa Driver's License.

1. Prohibited Streets . ATV/UTVs shall not be operated upon any city street which is a primary road extension through the city, to wit: Iowa Highway No. 4 and Iowa Highway No. 9. However, ATV/UTVs may cross such primary road extensions.

2. Parks and Other Public Lands . ATV/UTVs shall not be operated off-road in city parks, playgrounds, or upon any publicly-owned property.

3. Private Property . ATV/UTVs may only be operated upon private property with express consent of the owner thereof or while engaged in snow removal, landscaping, or other maintenance activities.

4. Sidewalk or Parking , No ATV/UTV shall be operated upon sidewalks unless engaged in snow removal or maintenance activities (except along the south sidewalk from South First Street to West South First Street) nor shall they be operated upon that portion of the street located between the curb line and sidewalk or property line commonly referred to as the "parking" except for purposes of snow removal, maintenance, or landscaping activities.

Plaintiff's Appendix at 2–3. Chapter 9 also includes Ordinance 219–3, which provides, as follows:

219–3 MANNER OF OPERATION. No person shall operate an ATV/UTV in the City of Estherville except as hereinafter provided....

Plaintiff's Appendix at 3–5. This ordinance then states, in 13 numbered subsections, requirements for licensing and safe operation, etc., of ATVs and UTVs.

3. Baldwin's pre-incident operation of ATVs in the City

Since at least 2000, Greg Baldwin has, on occasion, legally operated his ATVs on the streets of the City. Prior to November 10, 2013, Baldwin had also been cited for what...