Goetz v. Cappelen

• Decision Date: 15 October 1991
• Docket Number: No. 90-1675,90-1675
• Citation: 946 F.2d 511
• Parties: 34 Fed. R. Evid. Serv. 614 Matthew M. GOETZ, Plaintiff-Appellee, v. Terry CAPPELEN, David Carlson, Gerald E. Broderick, and Robert Wunnicke, Defendants-Appellants.
• Court: U.S. Court of Appeals — Seventh Circuit

Page 511

946 F.2d 511

34 Fed. R. Evid. Serv. 614

Matthew M. GOETZ, Plaintiff-Appellee, v. Terry CAPPELEN, David Carlson, Gerald E. Broderick, and Robert Wunnicke, Defendants-Appellants.

No. 90-1675.

United States Court of Appeals Seventh Circuit.

Argued Jan. 18, 1991.

Decided Oct. 15, 1991.

Anthony Pinelli (argued), Chicago, Ill., Michael T. Norris, Schaumburg, Ill., for plaintiff-appellee.

Richard T. Ryan, Mark F. Smolens (argued), Flynn, Murphy & Ryan, Chicago, Ill., for defendants-appellants.

Before BAUER, Chief Judge, and POSNER and RIPPLE, Circuit Judges.

BAUER, Chief Judge.

The facts of this case are disputed and confused. Plaintiff-appellee Matthew Goetz claimed that, on December 8, 1987, at approximately 4:00 a.m., he was arrested by the defendants-appellants Terry Cappelen, David Carlson, Gerald Broderick, and Robert Wunnicke (collectively, "the defendants" or "the officers"), all of whom were police officers employed by the City of Rolling Meadows, Illinois. Goetz testified that, at the time of his arrest, he was walking down the hallway toward his apartment at 4736 Arbor Drive in Rolling Meadows. As he approached his apartment, he noticed the defendants standing outside his door. Goetz and the officers apparently berated one another, which predictably resulted in physical confrontation. Goetz testified that Wunnicke approached him and told him that someone was making fake telephone calls and that they had better stop. Then, Cappelen stepped forward and, according to Goetz, poked Goetz in the chest, shoved him against a wall, and threatened Goetz with what the officers would do if he did not stop placing the calls.

The officers had a slightly different story to tell. They described how their 4:00 a.m. visit to Goetz's apartment represented their third attempt to restore peace and order to Goetz's domestic situation. Two times earlier that night they had responded to complaints of raucous fighting in Goetz's apartment. Each time they arrived at the apartment, they found Goetz hostile and abusive. When a third call came in just before 4:00 a.m., the officers again visited Goetz's apartment. They discovered that Goetz was not at home. As they turned to leave, they heard Goetz accost them verbally as he approached them in the hallway. According to the officers, Goetz greeted them with the words, "What the _____ are you doing here again?" A heated verbal exchange followed. The officers testified that Goetz then struck Cappelen in the chest with his fist. As Cappelen was knocked back by the blow, Carlson and Wunnicke stepped forward and told Goetz that he was under arrest.

What happened next is equally unclear: the officers claimed that Wunnicke attempted to take hold of Goetz's left arm as Goetz hit Carlson in the chest with his right fist. When Carlson and Wunnicke had taken hold of Goetz's arms, a brief struggle ensued. The legs of the grappling men became tangled and the three fell to the ground with Wunnicke on the bottom, Goetz in the middle, and Carlson on top. Goetz claimed, however, that he was knocked to the ground and that Cappelen jumped on top of him, causing Goetz great pain. Goetz was handcuffed and pulled to his feet by his arms. Cappelen led Goetz through the hallway, ramming his head and face into the stucco wall as they proceeded. Cappelen then dragged Goetz down the stairs and roughly placed him in the back seat of a police squad car. At the station, Goetz claimed that while he was seated on a stool, Cappelen came up to Goetz, placed his knee against his chest, and struck Goetz, causing him to fall off the stool. The officers testified, however, that no one kicked or struck Goetz and that he was not mistreated at any time before or after his arrest.

Later that day, Goetz went to the Northwest Suburban Medical Center where he was examined by Percival Bigol, a physician's assistant. Bigol testified that he conducted a physical assessment of Goetz and found two superficial lacerations on the top of Goetz's head. He also noted two contusion hematomas over the left and right eyebrows, lacerations and abrasions on the right side of Goetz's face, a few contusions on his legs and forearms, and areas of tenderness over Goetz's ribs and on his back. The next day, Goetz was charged with two counts of aggravated battery for punching Cappelen and Carlson, and with resisting arrest. The case remained pending until November of 1988, when a jury in the Circuit Court of Cook County, Illinois, found Goetz not guilty on all charges.

On December 14, 1988, Goetz filed a complaint in the district court, alleging violations of his civil rights as guaranteed by the fourth and fourteenth amendments to the Constitution, which purportedly occurred during and after his arrest by the defendant police officers. Goetz brought his claim under Title 42 of the United States Code, Section 1983, which sanctions a civil action for the deprivation of constitutional rights. Goetz also sought damages for a pendent state law claim of malicious prosecution.

Goetz's complaint included a claim against the City of Rolling Meadows (the "City"). The City filed a Federal Rule of Civil Procedure 12(b)(6) motion ("12(b)(6) motion"), arguing that Goetz's assertion of municipal liability failed to state a claim upon which relief may be granted. The district court originally denied the City's motion, but when Goetz restated the claim in his first amended complaint, the court allowed the municipal claim to stand. The case was tried before a jury from December 27, 1989, to January 2, 1990. Before the case was sent to the jury for deliberation, the district court directed a verdict for the City on Goetz's claim of municipal liability. Against the individual police officers, however, the jury awarded Goetz $30,000 in compensatory and $20,000 in punitive damages. Several weeks later the district court entered judgment on the verdict, denying all post-trial motions. The defendants appealed.

The defendants make three claims on appeal: that they were denied a fair trial due to the district court's failure to grant the City's 12(b)(6) motion, resulting in the improper admission of irrelevant and prejudicial testimony; that the district court abused its discretion in submitting irrelevant documentary evidence to the jury; and that the defendants are entitled to a judgment notwithstanding the verdict. We consider each in turn.

To understand the nature of the defendants' charges regarding Goetz's assertion of municipal liability, it may be helpful to describe more fully the facts supporting that unsuccessful claim. In his original complaint, Goetz argued that the City of Rolling Meadows "has permitted or tolerated an unlawful practice of failure to adequately train, supervise or discipline its officers regarding the use of force during arrest." See Goetz Complaint at p. 7. To support this claim, Goetz alleged that, on July 27, 1987, defendants Broderick and Cappelen used excessive force in the arrest of one Mary Flynn-Motyka. Based on these allegations, Goetz asserted that the City had notice of, and permitted, Officer Cappelen's propensity to use excessive force, and that the City's failure to train, supervise, and discipline Officer Cappelen constitutes endorsement and encouragement by the City. Therefore, Goetz concluded, "the use of excessive force by Officer Cappelen and other police officers has risen to the level of a policy or custom." Id.

Because Goetz failed to allege properly that a municipal policy, custom, or usage existed and had a causal relationship to the actions of the defendant police officers so as to create local governmental liability, the City filed its 12(b)(6) motion. In response, Goetz (apparently realizing the absence of a basis for a claim of municipal liability) filed a motion to dismiss the City as a party defendant, which was granted by the district court on April 5, 1989.

Six months later, Goetz filed his first amended complaint, once again purporting to state a claim against the City of Rolling Meadows. This time Goetz alleged additional facts regarding the arrest of Mary Flynn-Motyka and added three paragraphs describing Cappelen's arrest on one John Fiebig:

20. On July 13, 1986, defendant Cappelen, acting in his capacity as police officer of the Village (sic) of Rolling Meadows, arrested John T. Fiebig.

21. Also present at the arrest of John T. Fiebig was Officer John T. Freese.

22. At the time of that arrest and in the presence of Officer Freese, defendant Cappelen handcuffed John T. Fiebig and, after handcuffing him, struck and punched John T. Fiebig.

First Amended Complaint, pp 20-22. The City of Rolling Meadows renewed its previously filed 12(b)(6) motion to dismiss. The district court denied the City's motion and the case proceeded to trial.

The defendant officers now argue that the district court improperly denied the City's 12(b)(6) motion. Yet, that matter is not properly before this court. When the district court denies a motion under Rule 12(b)(6), it does not enter a judgment. In this case, the court entered judgment against Goetz on the issue of municipal liability by means of the City's motion for a directed verdict. Goetz has not appealed from that order; therefore, no final judgment, as defined by Federal Rule of Civil Procedure 54(a), is before us. Title 28, United States Code, Section 1291 provides for appeals from final orders of the district court resulting in judgment and disposition of the case. No such order was entered here. Therefore, the district court's denial of the City's 12(b)(6) motion is moot. See Texaco, Inc. v. Cottage Hill Operating Co., 709 F.2d 452, 453 (7th Cir.1983) ("As a general rule, denials of motions to dismiss are not appealable.") (citations omitted).

Nevertheless, the defendants complain of the "inevitable prejudice" resulting from the admission of evidence which described Officer Cappelen's use of force during the arrests of Mary...