Davis v. City of Albia

• Decision Date: 29 March 2006
• Docket Number: No. 4:04-CV-00601-RAW.,4:04-CV-00601-RAW.
• Citation: 434 F.Supp.2d 692
• Parties: Richard J. DAVIS, Plaintiff, v. CITY OF ALBIA and Randy Hutchinson, Defendants.
• Court: U.S. District Court — Southern District of Iowa

434 F.Supp.2d 692

Richard J. DAVIS, Plaintiff, v. CITY OF ALBIA and Randy Hutchinson, Defendants.

No. 4:04-CV-00601-RAW.

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

March 29, 2006.

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Robert Eugene Breckenridge, II, Breckenridge & Duker PC, Ottumwa, IA, for Plaintiff.

Hugh J. Cain, Hopkins & Huebner, Des Moines, IA, for Defendants.

RULING ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

WALTERS, United States Magistrate Judge.

This matter is before the Court on defendants' motion for summary judgment [15]. Plaintiff Richard J. Davis filed a petition in the Iowa District Court in and for Monroe County on October 22, 2004 in which he claimed that on October 24, 2002 Albia, Iowa police officer Randy Hutchinson arrested him without probable cause and used excessive force against him during the arrest. The state court petition thus alleged violations of Mr. Davis' rights under the Fourth Amendment to the United States Constitution. The petition was captioned as being brought under 42 U.S.C. § 1983. The basis of the City's alleged liability was not expressly stated in the petition, but municipal liability under § 1983 would lie only if the City's municipal policies or customs were responsible for the constitutional violations alleged.

On November 2, 2004 defendants removed the case to this Court on the basis of federal question jurisdiction. 28 U.S.C. §§ 1331, 1343(a)(3) and 1441(b). The case was referred to the undersigned for all further proceedings on January 4, 2005 pursuant to 28 U.S.C. § 636(c). The present motion is fully submitted following oral argument.

I. SUMMARY JUDGMENT

A defendant is entitled to summary judgment if the affidavits, pleadings, and discovery materials show "there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Allsup, Inc. v. Advantage 2000 Consultants, Inc., 428 F.3d 1135, 1138 (8th Cir.2005); Lund v. Hennepin County, 427 F.3d 1123, 1125 (8th Cir. 2005); Grabovac v. Allstate Ins. Co., 426 F.3d 951, 955 (8th Cir.2005); Erenberg v. Methodist Hospital, 357 F.3d 787, 791 (8th Cir.2004); Fed.R.Civ.P. 56(c); see Baucom v. Holiday Companies, 428 F.3d 764, 766 (8th Cir.2005). The Court must view the facts in the light most favorable to the non-moving party, and give that party the benefit of all reasonable inferences which can be drawn from them, "that is, those inferences which may be drawn without resorting to speculation." Mathes v. Furniture Brands Int'l, Inc., 266 F.3d 884, 885-86 (8th Cir.2001) (citing Sprenger v. Federal Home Loan Bank of Des Moines, 253 F.3d 1106, 1110 (8th Cir.2001)); see Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986); Howard v. Columbia Public Schl. Dist., 363 F.3d 797, 800 (8th Cir.2004)("unreasonable inferences or sheer speculation" not accepted as fact); Erenberg, 357 F.3d at 791. An issue of material fact is genuine if it has a real basis in the record. Hartnagel v. Norman, 953 F.2d 394, 395 (8th Cir. 1992) (citing Matsushita, 475 U.S. at 586-87, 106 S.Ct. 1348 (1986)). A genuine issue of fact is material if it "might affect the outcome of the suit under governing law." Hartnagel, 953 F.2d at 395 (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)); see Hitt v. Harsco Corp., 356 F.3d 920, 923 (8th Cir.2004); Rouse v. Benson, 193 F.3d 936, 939 (8th Cir.1999); cf. Johnson v. University of Iowa, St. Bd. of Regents, 431 F.3d 325, 328 (8th Cir.2005)("Summary judgment is still appropriate ... when the disputed facts will not affect the outcome of the suit"); Baucom, 428 F.3d at 766 ("There is no genuine issue of material fact if the evidence is such that a reasonable jury could not return a verdict for [plaintiff]").

The moving party must first inform the court of the basis for the motion and identify the portions of the summary judgment record which movant contends demonstrate the absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The non-moving party must then "go beyond the pleadings and by affidavits, depositions, answers to interrogatories, and admissions on file, designate specific facts showing that there is a genuine issue of material fact." Rouse, 193 F.3d at 939; see Grabovac, 426 F.3d at 955 (non-moving party cannot "simply rest upon the pleadings," quoting Jeseritz v. Potter, 282 F.3d 542, 545 (8th Cir.2002)); Baucom, 428 F.3d at 766 (plaintiff may not rely on "mere allegations"); Hitt, 356 F.3d at 923. "We consider only admissible evidence and disregard portions of various affidavits and depositions that were made without personal knowledge, consist of hearsay, or purport to state legal conclusions as fact." Howard, 363 F.3d at 801. In assessing a motion for summary judgment, a court must determine whether a fair-minded trier of fact could reasonably find for the non-moving party based on the evidence presented. Anderson, 477 U.S. at 248, 106 S.Ct. 2505; Herring v. Canada Life Assurance Co., 207 F.3d 1026, 1030 (8th Cir.2000).

II. FACTUAL BACKGROUND

Richard Davis, age 65 at the time, has a "persons with disabilities parking permit" which he displays by means of a removable windshield placard. See Iowa Code § 321L. 1(5)(c). He received the permit following an automobile accident in 1987. (Def.App. at 2-3). Davis lives in Monroe County, Iowa, just outside the county seat, Albia. On the afternoon of October 24, 2002, Davis drove his pickup truck to Albia to the intersection of Benton and Main and parked in a person's with disabilities parking space. (Id. at 8-9). He got out and went into the Albia Café across the street for a piece of pie and a drink. (Id. at 6, 10).

Davis' truck had a rearview mirror but he left his parking placard on the dashboard. Though there were various papers on the dashboard, the jury could conclude the placard would have been readily identifiable by a person standing outside the vehicle looking in. (Id. at 4-6, 24-25; Pl. App. Starns Depo. at 14-15). Davis' understanding of the regulations for display of the placard was it "[j]ust had to be visible from the outside of the vehicle." (Def.App. at 5).

Defendant Randy Hutchinson, a detective sergeant on the Albia police force, was dispatched at 3:58 p.m. in response to a complaint that a truck was illegally parked in a "handicapped" parking space. (Def.App. at 26, 28, 31). If the Court understands the Monroe County Sheriff's dispatch log accurately, Hutchinson arrived at 4:07 p.m.¹ He pulled up behind Davis' truck and waited. It was raining. Hutchinson did not get out of his patrol car to examine the truck. (Pl.App. Hutchinson Depo. at 12-13). From his vantage point there was no indication the truck had a disabilities parking permit. Hutchinson ran the license plate and learned Davis was the owner of the truck. Hutchinson had seen Davis a couple of times before, but was not familiar with him. (Id.)

At the time the usual practice of the Albia police department concerning issuance of citations for disabilities parking violations was to wait for a short period of time and then if the driver did not appear, file the citation and affidavit with the court. (Id. at 10; Pl. Stmt. of Facts ¶ 6 and Def. Response). If he was able to make contact with the driver, Hutchinson's practice was to issue the citation to the driver and have it signed by the driver. (Pl.App. Hutchinson Depo. at 20).

While he was in the café, Davis was approached by a friend who told him a police officer was outside giving him a ticket for parking in a handicapped space. (Def.App. at 11-12). Davis told the friend he was not concerned because his parking sticker was on the dash of the truck. He testified he finished his food in 15 to 20 minutes and left the café.² (Id. at 12).

Hutchinson had asked the dispatcher for Davis' personal information in order to complete the citation he had been writing when he observed Davis crossing the street and approaching the truck. (Pl.App. Hutchinson Depo. at 13-14; Def.App. at 26). Hutchinson, who was in uniform, got out of his patrol car and approached Davis. What Davis and Hutchinson said to each other is disputed, though their physical interaction was captured and recorded on the video camera in Hutchinson's patrol car.

In his deposition Hutchinson says he greeted plaintiff and asked for his driver's license and registration, Davis opened the door of his truck, pointed to the location of the placard on the dash and told Hutchinson, he had a "f____ing permit" right there. (Def. Supp.App. at 4). Hutchinson looked and saw the corner of the placard with its distinctive blue color, but testified the numbers were not visible. Hutchinson did not consider the placard to be adequately visible. (Id. at 7). Hutchinson began to explain to Davis that the permit "had to be visible from the outside," at which point Davis interrupted and told Hutchinson to "go f____ yourself." (Id. at 5). Hutchinson was taken aback. He started to say something about official business when Davis interrupted again. Hutchinson asked "what did you just say" and Davis repeated "I told you to go f____ yourself" and attempted to get in the truck. (Def. Supp. App. at 6). Hutchinson took hold of Davis' arm and told him not to get in the truck. (Def. Supp.App. at 7). Davis pulled away and continued to enter his truck, at which time Hutchinson says he told Davis he was under arrest. (Id.). Hutchinson intended to arrest Davis for interference with official acts. (Id. at 8). See Iowa Code § 719.1(1).

Davis testified in his deposition that he saw Hutchinson as he approached his truck. He pointed to the dashboard and told Hutchinson the handicapped parking permit was on the dash. (Def.App. at 13). According to Davis, Hutchinson then informed him he was under arrest. (Id.)....