Daniels v. Van De Venter

• Decision Date: 08 September 1967
• Docket Number: No. 9325.,9325.
• Citation: 382 F.2d 29
• Parties: Barbara DANIELS, Appellant, v. Gerald VAN DE VENTER, Dennis Peterson, and Reed Miller, Appellees.
• Court: U.S. Court of Appeals — Tenth Circuit

382 F.2d 29 (1967)

Barbara DANIELS, Appellant, v. Gerald VAN DE VENTER, Dennis Peterson, and Reed Miller, Appellees.

No. 9325.

United States Court of Appeals Tenth Circuit.

September 8, 1967.

John S. Carroll, Denver, Colo., for appellant.

Wesley H. Doan, of Yegge, Hall, Treece & Evans, Denver, Colo., for appellees.

Before MURRAH, Chief Judge, and HILL and SETH, Circuit Judges.

SETH, Circuit Judge.

This is an action for damages brought under the Civil Rights Act, 42 U.S.C. § 1983, against two police officers. The case was tried to a jury which returned a verdict for the defendants, and plaintiff has taken this appeal.

Appellant asserts that the trial court erroneously instructed the jury on several issues, and erroneously admitted certain evidence.

The claim of the appellant arose out of an incident which took place outside her home during which she and a man with whom she had just driven home engaged in a loud argument and a scuffle. The police were called by appellant's children who were at the house, and the officers who responded are the appellees herein. The officers observed the scuffle and the loud argument which continued despite the officers' efforts to stop it. Finally they arrested appellant, during which she resisted with considerable determination, and took her to jail. There she was advised of the amount of bail and was allowed to call relatives. Bail was not made however until after a delay of several days, and thereafter she appeared before a magistrate.

Appellant alleged that her constitutional rights were violated during the course of her arrest, by the failure of the officers to advise her of her rights, by a failure to take her before a magistrate promptly, by fixing bail in an improper manner, and related grounds.

On appeal the issues raised by appellant first concern the ruling of the trial judge on cross-examination permitting questions to be asked of appellant concerning her relationship with the man with whom she was having the argument when arrested. She was so asked whether the man stayed at her house frequently since March of the same year, March being the month during which she testified she became reacquainted with this man. The attorney for appellant strongly objected to this question and to a question seeking to develop how frequently he stayed there. The court permitted the questions and appellant answered them, and also testified that she had once called the police "on him" apparently when he was at her house. The appellant here urges that this evidence so admitted by the trial judge was immaterial and was grossly prejudicial.

This evidence, we hold, was properly admitted. It served to explain the incident, and was otherwise relevant under her complaint which, among other causes, seeks exemplary damages by reason of her having been "* * * greatly humiliated and held up to public scorn and derision as a result of defendants' acts." The plaintiff-appellant requested an instruction on punitive damages which was given and it refers to fraud, malice, insult, or wanton and reckless disregard of plaintiff's rights and feelings. The facts surrounding the incident, and the good faith of the defendants must be developed upon such a claim. Also good faith and probable cause in making an arrest are defenses which may be raised under section 1983 of the Civil Rights Act. Pierson v. Ray, 386 U.S. 547, 87 S.Ct. 1213, 18 L.Ed.2d 288 (U.S. April 11, 1967). As the trial court said when appellant objected to the questions on the ground of relevancy: "* * * this matter as I view it is admissible insofar as it gives character to what occurred on the day in question. * * * What has gone before explains in some way what occurred on the day in question as I view it. I would receive it for that...