Finsel v. Hartshorn

• Decision Date: 25 April 2002
• Docket Number: Case No. 00-CV-2239.
• Citation: 200 F.Supp.2d 960
• Parties: Charles F. FINSEL, Plaintiff, v. W. Patrick HARTSHORN, in his official capacity as Sheriff of Vermilion County, Illinois; Vermilion County Deputy Tom Cruppenink, in his individual and official capacities; Vermilion County Sheriff Deputy Sgt. Auterman, in his individual and official capacities; BPT Company, Inc., d/b/a Knight's Inn, a foreign corporation; and Rosella J. Payne, jointly and severally, Defendants.
• Court: U.S. District Court — Central District of Illinois

200 F.Supp.2d 960

Charles F. FINSEL, Plaintiff, v. W. Patrick HARTSHORN, in his official capacity as Sheriff of Vermilion County, Illinois; Vermilion County Deputy Tom Cruppenink, in his individual and official capacities; Vermilion County Sheriff Deputy Sgt. Auterman, in his individual and official capacities; BPT Company, Inc., d/b/a Knight's Inn, a foreign corporation; and Rosella J. Payne, jointly and severally, Defendants.

Case No. 00-CV-2239.

United States District Court, C.D. Illinois, Urbana Division.

April 25, 2002.

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John H. Otto, Zimmerly, Gadau, Selin & Otto, Champaign, IL, for Plaintiff.

Michael W. Condon, John J. Timbo, Hervas, Sotos, Condon & Bersani, Itasca, IL, for Defendants.

ORDER

McCUSKEY, District Judge.

This case is before the court for ruling on a Motion for Summary Judgment (# 46) filed by Defendants Tom Cruppenink and Daniel Auterman and a Motion for Summary Judgment (# 50) filed by Plaintiff, Charles F. Finsel. Following this court's careful and thorough review of the documents filed by the parties and the arguments of the parties, Plaintiff's Motion for Summary Judgment (# 50) is GRANTED in part and DENIED in part and Defendants' Motion for Summary Judgment (# 46) is GRANTED in part and DENIED in part. This case remains set for a final pretrial conference on May 24, 2002, at 3:30 p.m. and remains set for a jury trial on June 10, 2002, at 9:30 a.m.

FACTS

Plaintiff is 68 years old and resides in Findlay, Ohio. On December 15, 1999, Plaintiff paid for a room for two nights at the Knight's Inn in Danville, Illinois. Plaintiff was driving a 36 foot truck and parked the truck on a private drive next to his room at the motel. According to Rosella Payne, who was the manager of the motel at that time, there were two signs posted which stated that no trucks with a trailer over 20 feet long could park in that area. Payne testified that Plaintiff's truck was blocking access to parking for another room at the motel. That room was unoccupied. Payne testified that, on December 16, 1999, she called Plaintiff's room and told him that he would have to move his truck. Payne stated that Plaintiff told her he would not move it unless he got a full refund for the room. Payne testified that Plaintiff called back and told her that he was going to press charges for harassment. After that, Payne sent two men, Joe and Tim, to knock on Plaintiff's motel room door, but Plaintiff did not answer the knock. Payne tried to call Plaintiff but got no answer. Payne then contacted the Vermilion County Sheriff's Department to ask for assistance in getting Plaintiff to move his truck from its location on the private road. Payne testified that she was worried about whether Plaintiff was all right because he seemed upset on the telephone. However, she stated that the main reason she called for assistance was because she wanted the truck moved.

Tom Cruppenink, a Vermilion County deputy sheriff, testified that he received the call to go to the motel. He arrived there at approximately 6:54 p.m. and spoke to Payne. Cruppenink testified that Payne told him that Plaintiff was argumentative and verbally abusive on the telephone. Payne told him that, since then, she had not been able to reach Plaintiff by phone and he refused to answer his door. Cruppenink stated that Payne told him she wanted Plaintiff's vehicle removed and was concerned about criminal damage inside his motel room.¹ Cruppenink also testified that Payne told him that she did not feel safe with Plaintiff there and wanted him evicted.

Cruppenink tried to call Plaintiff's room but there was no answer. Cruppenink and Payne then went to Plaintiff's room. Cruppenink knocked on the door numerous times, first with his hand and then with his flashlight, and identified himself as a deputy sheriff in a loud voice. There was no answer. Payne then tried to open the door with her key. The door did not open all the way because a chain lock was on the door. In addition, according to Cruppenink, there were bars running across the top of the door which were holding the door closed. Cruppenink again knocked on the door and identified himself. Payne then gave Cruppenink permission to kick in the door. According to Cruppenink, Payne stated that she wanted Plaintiff evicted. Cruppenink testified that Payne "was very concerned about criminal damage to the motel room, and ... she requested that I force the door open." Cruppenink either pushed or kicked the door open. He entered the room and shone his flashlight into the dark room. He testified that he identified himself as a deputy sheriff.

According to Cruppenink, after he got to the end of the hallway, Plaintiff came around the corner holding a knife up in his hand and said to get out of his house. Cruppenink testified that he told Plaintiff to drop the knife. Cruppenink stated that he grabbed Plaintiff's wrist and continued to demand that Plaintiff drop the knife. Plaintiff struggled, and Cruppenink then took him to the ground and pinned his arm. Cruppenink pulled his gun out and pointed it at Plaintiff. He told Plaintiff to drop the knife or he would shoot. During the struggle, Cruppenink was able to radio for help. Payne testified that she heard Cruppenink yell, "put the knife down" two or three times. She saw Cruppenink and Plaintiff on the floor and could see that Plaintiff had an object in his hand. Payne also testified that she heard Cruppenink holler for backup.

Plaintiff testified that he did not see any signs stating that trucks with a trailer longer than 20 feet long could not park on the road by his room. He testified that his truck was not interfering with traffic on the road and stated that he did not talk to Payne or anyone else at the motel about moving his truck. Plaintiff testified that he went to bed at about 6:00 p.m. on December 16, 1999. He stated that he had taken his hearing aid out and did not hear anyone knocking on his door. The first thing he heard was banging which was causing the top of the door to break in. Plaintiff got out of bed and saw the door crashing in. Plaintiff testified that he saw a man standing inside the door with a flashlight in one hand and a baton in the other. The man yelled obscenities and started down the hallway. Plaintiff thought he was being robbed and lunged at the man. Plaintiff testified that he did have an electrician's knife in his room but did not have it in his hand. Plaintiff testified that the person who entered the room started beating him with a club all over his body and knocked him unconscious for a brief period of time. Plaintiff stated that, when he came to, the man said, "I'm going to kill you." Plaintiff testified that he was then handcuffed and frisked. Plaintiff stated that, before he was placed in the squad car, Cruppenink hit him on the handcuffs twice with a baton. Plaintiff testified that he believed that Billie Hurt, another deputy sheriff, was present when he was hit on the handcuffs.

Plaintiff was later moved from Cruppenink's squad car to Hurt's squad car and was transported to the Vermilion County jail by Hurt. Hurt testified that, when he and Deputy Pryor moved Plaintiff to his squad car, he noticed that Plaintiff had abrasions on one of his wrists which had been bleeding. Plaintiff was charged with resisting or obstructing a police officer and criminal damage to property, but the charges against him were nolle prossed on March 28, 2000. Plaintiff testified that, while he was being transported, he heard Hurt contact the Sheriff in Hancock County, Ohio, over the radio. On December 22, 1999, an article appeared in a Findlay, Ohio, newspaper which stated that Plaintiff accosted a Vermilion County Sheriff's Deputy with a knife. Plaintiff contacted the Hancock County Sheriff and was told that the newspaper had free access to material that came into their files.

Sergeant Daniel Auterman was the shift supervisor for Cruppenink's shift. Auterman testified that, on the night of the incident, he heard Cruppenink screaming for help over the radio. He arrived at the scene at approximately 7:20 p.m., after Plaintiff was in the back of Cruppenink's squad car. He testified that he did not arrest, handcuff or have any physical contact with Plaintiff. Auterman did assist in gathering Plaintiff's belongings from the motel room. Auterman testified that he did not have a conversation with any news media about Plaintiff's arrest. Cruppenink also testified that he never spoke with anyone in Hancock County, Ohio, or with any reporters anywhere regarding the incident involving Plaintiff.

On August 21, 2000, Plaintiff filed a Complaint (# 1) against Defendants Cruppenink, Auterman, W. Patrick Hartshorn, BPT Company, Inc. d/b/a Knight's Inn, and Payne. Plaintiff alleged that he was subjected to an unlawful search, excessive use of force and false imprisonment while staying at the Knight's Inn. Plaintiff alleged that Defendants Hartshorn, Cruppenink and Auterman were liable pursuant to 42 U.S.C. § 1983 for the violation of his constitutional rights. Plaintiff also alleged that all Defendants were liable based upon state law claims of trespass, battery, assault, false imprisonment, malicious prosecution, civil conspiracy and defamation. On January 29, 2001, Plaintiff filed a Motion for Default (# 17) seeking the entry of default against Defendant BPT Company, Inc. for failure to enter an appearance or respond to the Complaint. Plaintiff subsequently submitted a Memorandum (# 23) which cited authority in support of imposing liability on Defendant BPT Company, Inc. for the actions of Payne when she was acting as manager of the motel. On August 1, 2001, this court entered an Order (# 28) which granted Plaintiff's Motion and entered default against Defendant BPT Company, Inc. This court reserved ruling on the amount of any judgment to be entered against BPT Company, Inc. until after the trial is held in this case.

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