Boykin v. Van Buren Tp.

• Decision Date: 14 March 2007
• Docket Number: No. 06-1359.,06-1359.
• Citation: 479 F.3d 444
• Parties: Jeffrey BOYKIN; Adrian Boykin; Jeffrey Boykin, Jr., a minor; Jeniece Boykin, a minor, Plaintiffs-Appellants, v. VAN BUREN TOWNSHIP; Van Buren Township Police Department; Dale Harrison; Chris Hayes; Meijer, Inc.; Gregory Chaney; Jason Youmans, Defendants-Appellees.
• Court: U.S. Court of Appeals — Sixth Circuit

479 F.3d 444

Jeffrey BOYKIN; Adrian Boykin; Jeffrey Boykin, Jr., a minor; Jeniece Boykin, a minor, Plaintiffs-Appellants, v. VAN BUREN TOWNSHIP; Van Buren Township Police Department; Dale Harrison; Chris Hayes; Meijer, Inc.; Gregory Chaney; Jason Youmans, Defendants-Appellees.

No. 06-1359.

United States Court of Appeals, Sixth Circuit.

Submitted: February 1, 2007.

Decided and Filed: March 14, 2007.

ON BRIEF: Philip H. Seymour, Cooper, Shifman, Gabe, Quinn & Seymour, Royal Oak, Michigan, for Appellants. Joseph Nimako, Cummings, McClorey, Davis & Acho, Livonia, Michigan, Jeffrey C. Gerish, Plunkett & Cooney, Bloomfield Hills, Michigan, for Appellees.

Before MARTIN, COLE, and GILMAN, Circuit Judges.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Plaintiff Jeffrey Boykin appeals from the district court's grant of summary judgment in favor of Defendants, alleging a violation of his constitutional rights under 42 U.S.C. § 1983 and various state-law claims. Boykin was thought by private security guards at a Meijer store to have shoplifted a drill that was on sale for five dollars. As it turns out, the guards were mistaken; he had paid in full for the drill. Nevertheless, a call was placed to the Van Buren Township Police Department, two of whose officers tracked Boykin down, arrested him at his home, and hauled him in a squad car back to the Meijer store. Only after Boykin had suffered this indignity did one of the Meijer guards finally talk to the cashier who had rung Boykin up and check the receipts, at which point it became evident that they had been in error. Boykin was then released from custody, with apologies.

All this over a five dollar drill.

I

The majority of the relevant facts were recounted by the district court in its February 9, 2006 order:

On April 12, 2004, Plaintiff went to the Meijer store in Belleville, Michigan. Plaintiff went through the checkout lane to purchase, among other things, a drill. At the register, he learned that the drill was only $5.00 and decided that he wanted two of them. The cashier rang him up for a second drill. He left the bag with his other purchases with the cashier and went back for the second drill. When he returned, the cashier was with another customer. So, Plaintiff says that he just picked up his bag after the cashier acknowledged him with a nod, placed the second drill inside, and left the store.

Meijer loss prevention officer Defendant George Chaney first observed Plaintiff when he went to pick up the second drill. He did not see that Plaintiff had gone through the checkout lane already. He saw Plaintiff take a drill from the shelf as a "quick selection," i.e., without checking the price or comparing it to anything else. Chaney says he was taught that quick selection is contrary to normal shopping behavior. After selecting the drill, Chaney says that he followed Plaintiff and saw him walk to an empty checkout lane, place the drill into a bag and leave the store. There is some dispute as to whether Chaney later reported that Plaintiff put the drill into an empty bag, or whether there were other items in the bag. Chaney says that he did not see where Plaintiff picked up the bag, because his view of Plaintiff was partially obstructed for two to three seconds by other customers.

As Plaintiff walked through the empty checkout lane, Chaney called another loss prevention officer, Defendant Jason Youmans, to come to the area to assist Chaney in initiating a stop of Plaintiff. Meijer loss prevention policy requires that two employees be present when a suspected shoplifter is approached or detained. By the time Youmans arrived, however, Plaintiff was in his car. Neither Youmans nor Chaney approached Plaintiff because Meijer policy also prohibits employees from approaching a suspect once he is in his vehicle. So, Youmans called the [Van Buren Township Police Department] to report a retail fraud. He gave a description of: 1) Plaintiff; 2) his car; and 3) the license plate number.

[ ] Officers Chris Hayes and Dale Harrison were dispatched to Meijer in response to Youman's call. While en route to Meijer, dispatch informed the officers that Meijer loss prevention reported that the suspect was fleeing from the location. The officers, through dispatch, obtained Plaintiff's address from the license plate number and diverted to his house.

The officers arrived at Plaintiff's home in separate patrol cars. Officer Hayes was the investigating officer. Officer Harrison was the assisting officer. When Plaintiff came to the door, he declined to open it or come out, but he spoke with the officers through the door. The officers advised that they were investigating a retail fraud at Meijer and that Plaintiff was a suspect. One of the officers also contacted dispatch and asked that it contact Meijer to get a more detailed description (than a black male wearing a red sweatshirt) and to find out what Plaintiff allegedly took. Dispatch advised that Plaintiff was accused of taking a drill and provided another description. Either Chaney or Youmans described Plaintiff as a black male, 6' tall, with a medium build, wearing a red sweatshirt.

Officer Hayes asked that another call be placed to Meijer loss prevention to confirm that there was a "good retail fraud" and whether Meijer wanted Plaintiff to be taken into custody. Per Officer Hayes, a "good retail fraud" is one that meets Meijer's criteria. He also described it as one where loss prevention observes a suspect select merchandise, conceal it and leave or attempt to leave the store. After speaking with Chaney or Youmans again, dispatch advised Officer Hayes that there was a "good retail fraud," and indicated that Meijer requested that Plaintiff be taken into custody.

Plaintiff told the officers that he was calling a lawyer. Just before he opened the door, he instructed his wife to videotape subsequent events. When Plaintiff opened the door there was some discussion between Plaintiff and the officers. One of the officers told Plaintiff that he was being charged with retail fraud and that he had to accompany them. Plaintiff questioned the basis of the accusation. He maintained his innocence. One of the officers indicated that he did not know why Plaintiff was being accused but that they were going to go to Meijer to find out. Plaintiff indicated that he paid for his purchases at the cash register and asked that he be allowed to get the receipt from his garage. The officers declined to let him leave the front door, but agreed to wait while Plaintiff's wife looked for the receipt. In response to Plaintiff's request that he be allowed to retrieve his receipt, the officer told Plaintiff that Meijer had everything on video camera. Plaintiff stepped outside and was taken into custody and handcuffed.

Before leaving Plaintiff's house, the officers went with Plaintiff into the garage while his wife looked for the receipt. It is not clear from the videos when Plaintiff learned that he was alleged to have stolen a drill, but he repeatedly denied doing so while in the garage. Also while in the garage, one of the officers saw and picked up a Meijer bag and two drills. Plaintiff told him to bring the entire bag, the contents of which he said that he had just bought, and the two drills. Plaintiff's wife was unable to find the receipt and Plaintiff said that he did not know where it was. Plaintiff eventually told his wife to discontinue the search; he agreed to go with the officers. The officers took Plaintiff and the merchandise to the store.

At the store, Chaney and Youmans met Officer Hayes at the entrance. Chaney confirmed that Plaintiff was the suspect and described what he saw. Chaney and Youmans then left the area to prepare their reports. Officer Hayes prepared to take Plaintiff to the police station. However, after hearing the discussion between Chaney and Youmans and the police officers, Plaintiff says that it occurred to him why they thought he committed retail fraud. He then explained his actions at the register to Officer Hayes and asked that his story be confirmed with the cashier. Officer Hayes had dispatch call Chaney back to the front of the store. Per Chaney, both he and Youmans went back to the entrance. Officer Hayes says that he relayed Plaintiff's version of events and asked Chaney to talk to the cashier. Chaney went inside and checked the register journal for the lane Plaintiff said that he went through. Youmans talked to the cashier. Both confirmed that Plaintiff purchased the second drill.

Chaney apologized to Plaintiff. Officer Hayes removed Plaintiff's handcuffs, returned his merchandise, and also apologized. He advised Plaintiff that he was free to leave with his wife, who had arrived at the scene. At Plaintiff's request, however, Officer Hayes drove Plaintiff back to his house and released him there. Plaintiff said that he wanted the officer to take him back home in the patrol car because of the embarrassment the incident caused him with his family and neighbors.

Plaintiff says that he did not tell the officers his version of events until they returned to the store because the officers were unable to explain what exactly Meijer claimed that he had done. Moreover, Plaintiff says that, contrary to Defendant Harrison's assertion that Plaintiff refused to explain, the officers cut him off every time he attempted to give an explanation.

After the incident, Chaney was cited for a training violation. He was advised by his supervisor, Carl Winekoff, that he was not supposed to call the police unless he first identified himself to the suspect. Chaney testified and Winekoff confirmed, however, that Chaney was instructed by a prior supervisor that he could contact the police under the circumstances presented in this case. Mr. Winekoff said that he still issued the violation as a means of changing that policy. Another policy Mr. Winekoff testified about is that Meijer only contacts the police when it intends to prosecute....