Campbell v. Mack, 060419 FED6, 18-2156

Docket Nº:18-2156
Opinion Judge:CLAY, CIRCUIT JUDGE.
Party Name:KEVIN CAMPBELL, Plaintiff-Appellee, v. DANIEL MACK, et al., Defendant-Appellant.
Judge Panel:BEFORE: GUY, CLAY, and GRIFFIN, Circuit Judges.
Case Date:June 04, 2019
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit
 
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KEVIN CAMPBELL, Plaintiff-Appellee,

v.

DANIEL MACK, et al., Defendant-Appellant.

No. 18-2156

United States Court of Appeals, Sixth Circuit

June 4, 2019

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION

ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN

BEFORE: GUY, CLAY, and GRIFFIN, Circuit Judges.

CLAY, CIRCUIT JUDGE.

Defendant Daniel Mack moved for summary judgment with respect to Defendant's alleged violations of Plaintiff Kevin Campbell's First and Fourth Amendment claims brought pursuant to 42 U.S.C. § 1983. The district court denied Defendant's motion for summary judgment, and Defendant now brings this timely interlocutory appeal, arguing that he was wrongfully denied qualified immunity. For the reasons explained below, we affirm.

I. BACKGROUND

We must, for the purposes of this interlocutory appeal of the denial of qualified immunity, view the facts in the light most favorable to the plaintiff and draw all reasonable inferences in his favor. McDonald v. Flake, 814 F.3d 804, 814 (6th Cir. 2016); DiLuzio v. Vill. of Yorkville, 796 F.3d 604, 609-12 (6th Cir. 2015). In this procedural posture, we generally need not "engage in a plenary review of the record." DiLuzio, 796 F.3d at 611. Often, we "need look no further than the district court's opinion for the facts and inferences cited expressly therein." Flake, 814 F.3d at 813 (citing DiLuzio, 796 F.3d at 611). The district court's opinion properly construes the facts in the light most favorable to Campbell. Thus, unless otherwise indicated, the facts contained herein are derived from the district court's opinion. See, e.g., Flake, 814 F.3d at 813.

A. Factual History

During the early evening of June 7, 2016, Campbell, an African American man, was driving his wife's minivan through Allen Park, Michigan. The minivan, which Campbell's wife had recently purchased, had a temporary license plate displayed in the back window. It was "broad daylight," visibility was "good," and one could easily see the temporary license plate from at least 60 feet away. (Dist. Ct. Op., ECF No. 85 at 6.)

Campbell drove past Mack, an Allen Park police officer parked on the shoulder of the freeway, monitoring traffic with Clyde, his police dog. Mack initiated a traffic stop on the minivan. Campbell pulled over. Mack exited his cruiser, approached the driver's side window of the minivan, and asked Campbell to produce his driver's license and registration. Campbell gave Mack his state identification card because he did not have a driver's license. He also handed Mack "all of the paperwork [he] had for the automobile." (Id. at 6.) Mack asked Campbell to step out of the vehicle, and Campbell complied. As Campbell exited the vehicle, his pants were fully zipped.

When Campbell exited the minivan, Mack "jostled" Campbell, handcuffed him "very tightly," conducted a patdown search of Campbell's person, and placed Campbell in the backseat of his cruiser. (Id.) Campbell complained that the handcuffs hurt his wrists and asked Mack to loosen them. Mack tightened the handcuffs and replied, "[t]hat's the loosest they're going to get." (Id. at 7.)

Mack also accused Campbell of having stolen the minivan. Campbell denied the accusation. He explained that he was traveling from his home to a friend's house, though he did not explicitly state where he lived.

Mack removed Clyde from his cruiser and "put the dog directly into" Campbell's minivan. (Id.) Campbell could not see what transpired inside the minivan, as he was still seated in the backseat of Mack's cruiser. While inside Mack's cruiser, Campbell never moved around or otherwise acted suspiciously. After a few minutes, Mack extracted Clyde from the minivan, returned Clyde to the cruiser, and searched the minivan himself.

A tow truck arrived, and Mack brought Campbell to the Allen Park police station to book him for driving with a suspended license. Mack never told Campbell of his supposed probable cause to search the minivan or informed him that he planned to conduct an additional search of Campbell's person once they arrived at the station.

When they arrived at the station, Mack brought Campbell to a booking area and removed Campbell's handcuffs.1 Campbell again complained that the handcuffs had been too tight and held out his wrists to show Mack the bruises and marks the handcuffs had caused. Mack responded that "[h]andcuffs leave marks on everybody." (Id. at 8.)

Mack believed that Campbell was hiding contraband and decided to perform a strip search. Mack did not obtain a warrant prior to strip-searching Campbell. Mack ordered Campbell to enter a cage in the booking area and remove his pants. Campbell entered the cage but objected to removing his pants. Mack ordered Campbell to "get naked" and "drop" his "drawers." (Id.) Campbell continued to protest and incredulously asked, "You want me to get naked?" (Booking Video, ECF No. 75. at 7:56:47-:49.) Mack replied, "Yeah, you're getting naked. You're in holding facility. You're getting naked." (Id. at 7:56:47-:50.)

Mack stated that "we're getting down to the nitty gritty" because Clyde had indicated the presence of a narcotic odor, and he again ordered Campbell to "drop 'em." (Id. at 7:56:55- 7:57:03.) Campbell responded that it was "not possible" that Clyde had indicated narcotic odor because he had not smoked in five years. (Id. at 7:57:03-:06.) Mack said that he did not care and again ordered Campbell to remove his underwear. Campbell stated that he had never heard of people being required to remove their clothes in jail, to which Mack responded, in a loud voice, "You're in a holding facility. You're in jail. You get naked in jail. Let's go! Drop your drawers." (Id. at 7:57:17-:25)

Mack again ordered Campbell to remove his underwear. Campbell replied, "I'm a man like you, man," and asked Mack why he would lie to him by falsely stating that he needed to remove his pants. (Id. at 7:57:33-:41.) Mack raised his voice and exclaimed, "I ain't lying to you. I've been doing this job for 22 years. I don't need to lie [to] you, man. You're a small fish in the sea. . . . Drop 'em. Your pants are unzipped. There ain't no reason for your pants to be unzipped. We're going to do this one way or another." (Id. at 7:57:42-7:58:00.)

Another officer entered the doorway of the booking area. Mack entered the cage, ordered Campbell to put his hands against the wall and spread his feet, and pulled down Campbell's pants. Mack then turned Campbell around to face him, pulled down the front of Campbell's underwear, bent down, and examined Campbell's genitals. Campbell became agitated and repeatedly complained, "Nah, you can't do that, man," to which Mack replied, "Yes I can, Yes I can." (Id. at 7:58:43-:49.) Mack then turned Campbell back around to face the cage and felt Campbell's buttocks through his underwear. Campbell continued to protest, repeating "You can't do that." (Id. at 7:58:55.) Mack pulled up Campbell's pants and responded, "the dog indicated," to which Campbell replied, "the dog didn't indicate anything." (Id. at 7:58:52-:56.)

Mack, still standing behind Campbell, then pulled down Campbell's pants and underwear again, bent down, and visually examined Campbell's buttocks. Mack then stated, "You've got it f***ing tucked in your f***ing ass crack, that's where you got it." (Id. at 7:59:01-:03.) Mack pulled up Campbell's pants, searched Campbell's pant legs and ankle area, and, finding no contraband, stood up and told the second officer, "He's got it tucked in his f***ing ass crack." (Id. at 7:59:12-:15.) Campbell replied, "I ain't got nothing tucked." (Id. at 7:59:15-:16.)

A third officer came to the door of the booking area. Mack announced to the officer, "He's got it tucked underneath his balls." (Id. at 7:59:37-:40.) Campbell complained that Mack had "just got done looking under my balls" and did not uncover anything. (Id. at 7:59:40-:42.) Mack repeated that Campbell still had drugs "tucked underneath" his "balls" or his "ass." (Id. at 7:59:46-:51.)

Mack ordered Campbell to take off his wedding ring. Campbell quizzically replied, "my wedding ring?" Mack responded, "Yeah, your wedding ring comes off. You want to argue that?" (Id. at 7:59:54-8:00:01.) Mack then tossed Campbell's ring onto a table outside of the cage.

Mack reentered the cage and ordered Campbell to remove his underwear. Campbell repeated that he would not take his underwear off and continued to protest that Mack could not lawfully order him to "get naked." (Id. at 8:00:06-:14.) Mack partially pulled down Campbell's pants, but Campbell held his pants up and protested, stating that Mack had searched him "four or five times" and had already pulled his pants and...

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