Dean v. Gladney

• Decision Date: 16 May 1978
• Docket Number: Civ. A. No. 75-G-140.
• Citation: 451 F. Supp. 1313
• Parties: Mary Elizabeth DEAN et al., Plaintiffs, v. R. Robert GLADNEY et al., Defendants.
• Court: U.S. District Court — Southern District of Texas

451 F. Supp. 1313

Mary Elizabeth DEAN et al., Plaintiffs, v. R. Robert GLADNEY et al., Defendants.

Civ. A. No. 75-G-140.

United States District Court, S. D. Texas, Galveston Division.

May 16, 1978.

W. Thomas McKissick, Alvin, Tex., Edward L. Sargologos, Houston, Tex., for plaintiffs.

Ogden Bass, Angleton, Tex., for defendants Gladney, Saldivar, Maddox, County of Brazoria and City of Freeport.

William J. Cornelius, Jr., McLeod, Alexander Powel & Apffel, Inc., Galveston, Tex., for defendant City of Angleton.

John S. McEldowney, Mills, Shirley, McMicken & Eckel, Galveston, Tex., for defendant City of Clute.

MEMORANDUM OPINION

COWAN, District Judge.

Factual Background

On May 11, 1975, 30 to 40 persons who had been enjoying Surfside Beach were arrested and later confined in the Brazoria County jail.

Six plaintiffs contend that they were arrested without probable cause and subjected to cruel and unusual punishment by the arresting officers.

The essential controverted fact issues have been resolved by a jury verdict. In addition, a number of facts, not specifically submitted to the jury for resolution, are established as a matter of law.

The weekend before May 11, 1975, an event occurred which created some apprehension at the Brazoria County Sheriff's Department. On that occasion, Officer Mike Jones, a witness but not a defendant, effected an arrest upon Surfside Beach. While he was driving from the beach, the rear door of his police vehicle was opened by persons on the beach and his prisoner escaped. This event, in addition to other information coming to the Brazoria County Sheriff's Department, made Sheriff Gladney, one of the defendants herein, and his deputies apprehensive that additional trouble might be expected on May 11, 1975. For that reason, the patrol car normally patroling the beach was occupied by two deputies. In addition, Sheriff Gladney instructed his deputies, in connection with troubles which were contemplated on May 11, 1975, that "unlawful force would be met with lawful force."

During the afternoon hours, Deputy Sheriffs Roel Saldivar and Mike Jones, who were acting as partners, drove to the beach and observed two men either engaged in an altercation, or attempting to repair the physical damage resulting therefrom. Saldivar and Jones arrested the two individuals, handcuffed them and placed them in the rear of their police vehicle.

After effecting the first two arrests, Deputy Sheriffs Jones and Saldivar did not leave the beach immediately because, according to their testimony, a large number of swimmers began to crowd around their police vehicle, creating a situation in which the officers feared that if they placed their prisoners in the back seat and started to drive away, the swimmers would open the back door and allow the prisoners to escape. Therefore, Officers Jones and Saldivar radioed for assistance, which promptly arrived.

Just after the first assistance vehicle arrived at the scene, Brazoria County Deputy Sheriffs arrested George Hawkins, one of the plaintiffs herein. The jury found that Jones and Saldivar had probable cause for Hawkins' arrest. Hawkins was handcuffed, with his hands behind his back and placed in the rear seat of the Jones-Saldivar patrol car with the two other prisoners.

Shortly after Hawkins' arrest, the officers on the scene began the arrest of a large number of other people. Within a fairly short period of time, five other men had been arrested, handcuffed and placed along with Hawkins and the two original detainees in the rear of the Jones-Saldivar patrol car.

Within a very short period of time, somewhere between 15 and 20 police vehicles arrived at the scene, along with a "paddy wagon," a van-type vehicle into which prisoners could be placed. Despite the availability of other places to place the prisoners while the disturbance was controlled, Officers Jones and Saldivar left Hawkins and seven other handcuffed individuals in the rear of their police vehicle for approximately one and one-half hours with the windows closed. The temperature was hot. Applying the uncontroverted facts in the light of the jury verdict, the inference may be drawn that the officers at the scene jointly commenced a course of tortious conduct when these seven men were left jammed into the rear of the police vehicle while the "paddy wagon" and other vehicles were available at the scene.

Ultimately, the Jones-Saldivar patrol car was driven to the Brazoria County jail in Angleton, and Hawkins and seven other individuals were removed from the vehicle and taken into the Brazoria County jail. There is evidence that Hawkins was unable to walk after the confinement in the patrol car and that he was allowed to fall to the pavement while being removed from the patrol car.

Hawkins was ultimately booked, held during the evening hours until he made bond, and finally released. Hawkins was never prosecuted and charges against him were ultimately dismissed.

The jury found that Jones and Saldivar subjected Hawkins to cruel and unusual punishment, and that in doing so, they had not acted in good faith. The jury awarded Hawkins $3,300 in actual damages.

It is established without dispute that shortly after the initial assisting units arrived, Deputy Sheriff Dugan, one of Sheriff Gladney's principal assistants and the Deputy Sheriff in charge of the Sheriff's Department on the day in question, arrived at the beach, took charge of the activities of the various officers on the scene and established a "command post" for the purpose of directing activities.

Plaintiffs introduced evidence that after Hawkins' arrest, Officers Jones, Saldivar and other officers who had arrived to assist them, began indiscriminately arresting numerous citizens, and subjecting the arrestees to unreasonable force such as kicking and striking them with billy-clubs. There was a great dispute about exactly what occurred; but it is undisputed that during the early stages of the disturbance, a vehicle occupied by one of the plaintiffs, Mrs. Ronald Cowley, her husband Ronald Cowley, and Mrs. Cowley's younger sister, Laurie Walker, drove up to the scene of the disturbance. The car in front of the Cowley vehicle stalled, and Mr. Cowley got out of his car to assist the driver of the stalled car. The driver of the stalled vehicle was a relative of the Cowleys.

Mr. and Mrs. Cowley and Laurie Walker all testified that as they sat in the vehicle waiting for Mr. Cowley to assist the stalled vehicle ahead of them, Officer Saldivar (one of the defendants here) walked up to their car, clapping his hand with his billy-club. Laurie Walker and Mrs. Cowley were taking pictures of the alleged police brutality. Officer Saldivar leaned into the Cowley vehicle and told Mrs. Cowley and Laurie Walker that if they did not stop taking pictures, he would smash their camera into their heads.

As soon as Mr. Cowley had assisted his relative in starting the car, he pulled his vehicle to the fringes of the disturbance to a beach establishment called the "Sunshine Hut." He parked his car with the purpose of going to the Sunshine Hut to obtain hamburgers. While Mr. and Mrs. Cowley ascended the steps of the Sunshine Hut, Laurie Walker remained in the Cowley vehicle and continued to take pictures. Officer Leroy Maddox and one other unidentified officer came to Laurie Walker, took her camera from her, removed the film, threw the film on to the sand, and threw the camera in the back seat. Thereupon, the officers arrested Laurie Walker and started to escort her toward the police vehicle. Observing these events, Mrs. Cowley ran back to her younger sister, who was 16 years of age at the time, protested her sister's arrest by stating that the girl could not be arrested for taking pictures. The officers in the immediate vicinity stated that they could arrest Ms. Walker for taking pictures, and in fact if Mrs. Cowley protested, she would be arrested also. She was arrested.

The identity of the officers who arrested Mrs. Cowley cannot be established, but it is clearly inferable that Officer Maddox participated fully in the events of culminating in Mrs. Cowley's arrest and the jury has so found. Officer Maddox was identified definitely as the officer who was arresting Laurie Walker. Officer Maddox was one of the officers to whom Mrs. Cowley protested. The jury found, on the basis of adequate evidence, that Mrs. Cowley was arrested in retaliation for her action and that of her sister in taking pictures.

Mrs. Cowley and Laurie Walker were placed into the rear of the police vehicle operated by Officer Maddox and were left there for approximately one to one and a half hours before they, too, were taken to the Brazoria County jail. Officer Maddox' patrol car ultimately came to be occupied by at least two other women who were apprehended in the manner described below.

During this series of events, another plaintiff, Mrs. Frank (Sharon) Polk, was arrested because she was protesting her husband's arrest. The jury has found that the law enforcement officers who arrested her did not lack probable cause, but that she was subjected to cruel and unusual punishment by the arresting officers.

The jury found that one other female plaintiff, Mary Elizabeth Dean, was subjected to cruel and unusual punishment and that she had been arrested in retaliation for the exercise of her First Amendment rights.

The findings of cruel and unusual punishment with reference to the three women plaintiffs, i. e., Mrs. Frank Polk, Mary Elizabeth Dean, and Mrs. Ronald Cowley, are predicated on the undisputed facts described below.

All four of the women who had been apprehended were placed in the back of the Maddox vehicle, and remained there for approximately one and one-half hours while the officers controlled the disturbance. During this period of time, Mrs. Polk was highly distraught because she was fearful that her five-months old child had been left unattended on the beach. There was...