Johnson v. Morris

• Decision Date: 23 March 1990
• Docket Number: No. C8-88-2614,C8-88-2614
• Citation: 453 N.W.2d 31
• Parties: Jon Clifford JOHNSON, et al., Respondents, v. Ronald MORRIS, individually and as police officer in the Lakefield Police Department, et al., Respondents, Steven Van Hal, individually and as Deputy Sheriff in the County of Jackson, et al., petitioners, Appellants, State of Minnesota, Defendant.
• Court: Minnesota Supreme Court

Page 31

453 N.W.2d 31

Jon Clifford JOHNSON, et al., Respondents, v. Ronald MORRIS, individually and as police officer in the Lakefield Police Department, et al., Respondents Steven Van Hal, individually and as Deputy Sheriff in the County of Jackson, et al., petitioners, Appellants State of Minnesota, Defendant.

No. C8-88-2614.

Supreme Court of Minnesota.

March 23, 1990.

Syllabus by the Court

1. In action seeking damages from a peace officer for alleged violation of federal civil rights under 42 U.S.C.1983, the trial court appropriately granted summary judgment to the officer for failure of the complaint to present justiciable claims or because the officer enjoyed a qualified immunity from liability for his conduct.

2. In action seeking state law tort damages from a peace officer alleging false arrest, false imprisonment, assault, battery and negligent and intentional infliction of emotional distress, the trial court appropriately granted summary judgment to the police officer on all claims except that for assault.

Ruth Ann Webster, Gislason, Dosland, Hunter & Malecki, New Ulm, Kelton Gage, Blethen, Gage & Krause, Mankato, for appellants.

John C. Hottinger, Hottinger Law Offices, Mankato, for respondents.

Heard, considered and decided by the court en banc.

KELLEY, Justice.

By this action respondent Jon Johnson seeks damages under 42 U.S.C. § 1983 for alleged violation of his federal civil rights by three law enforcement officers. ¹ Additionally, he seeks damages on various state tort claims. The three officers and their governmental employers were originally named as defendants. ² Following discovery the trial court eventually granted summary judgment on both Johnson's federal and state tort claims to the six named defendants. On appeal, summary judgment in favor of all defendants except Van Hal was affirmed; but the summary judgment in favor of Van Hal on both the federal and state claims was vacated and remanded for trial. Johnson v. Morris, 445 N.W.2d 563 (Minn.App.1989). We granted Van Hal's petition for further review. We now reverse the court of appeals' decision reinstating Johnson's 42 U.S.C.1983 claims and his state claims against Van Hal with the exception of his state assault claim which we remand to the trial court for trial.

Respondent Jon Johnson, a farmer residing in Lakefield, Minnesota, had been planting soybeans late at night on June 7, 1984. About 2 a.m. he left the field driving a pickup truck towing a gravity box wagon containing soybean seed. His route from the field to his farm home took him through the City of Lakefield. As he drove past a gas station in Lakefield, he passed three parked police squad cars belonging to Officers Van Hal, Waldron, and Morris. At the time Van Hal commented to the other two officers about the unusualness of a pickup truck pulling a gravity box at that hour of the night, and speculated to the others whether a grain theft might be in progress. ³ Morris, in addition to noting that it was a strange time of the night for a vehicle to be pulling a gravity box wagon, also decided to pull the vehicle over because he believed it was missing lights and reflectors which complied with state requirements. Morris then followed the rig through town, and shortly thereafter pulled it over by activating his mars lights. ⁴

Morris first asked for Johnson's driver's license to which Johnson replied that he had been working late, was not carrying a driver's license, and did not intend to change that practice. The discussion between the two thereafter became somewhat heated about whether Morris was going to issue Johnson a ticket for not having a driver's license and, perhaps also, for not having proper legal reflectors on the wagon box. The discussion culminated when Johnson got back in his truck, told Morris that if he intended to issue a ticket "You know where to find me" and drove off, apparently heading for his home. After Johnson took off, Morris tried to force him to stop, and, additionally radioed for assistance from the two officers still in Lakefield.

As Johnson left the city limits, he increased his speed to about 23 m.p.h. However, Morris, all the time with his red squad lights activated, eventually managed to catch and pass Johnson after which he attempted to maneuver Johnson toward the shoulder by crowding his rig with the squad car. Instead of stopping or moving toward the shoulder, Johnson sought to occupy the center of the road and attempted to repass the squad car. Thus, the two vehicles proceeded down the road, alternately in tandem or side by side, with each maneuvering by acceleration or deceleration with speeds between 10 and 30 m.p.h., during the course of which, Johnson's truck made contact with Morris's squad car.

Meanwhile, Van Hal and Waldron had responded to Morris's call for assistance. They arrived upon the scene shortly after the chase had commenced and observed Johnson's efforts to pass Morris, the bumping of the two vehicles, and the alternate acceleration and deceleration as the two vehicles proceeded down the road. The two officers joined in Morris's attempt to stop Johnson. Van Hal got along the right side of the Johnson vehicles while Waldon stayed at the rear. Eventually, with Morris still in front of Johnson and Waldon behind, the three officers had Johnson "boxed in" and were able to re-stop him.

Johnson claims that after he was stopped on this occasion and had stepped down from the truck, Van Hal fired several shots at the tires of the pickup flattening two of them. Right after the shots were fired, Waldron ordered Johnson to place his hands against the side of the pickup. About the same time, Van Hal emerged from the back of the gravity wagon, aimed his revolver at Johnson's head and urged him to "get your hands up or I'll shoot" to which Johnson responded, "Go ahead and shoot." Johnson was then formally arrested and handcuffed by Van Hal.

Although he then made no complaint to Van Hal, Johnson later claimed to others that he felt some pain when cuffed, and claims that in the cuffed condition, he was pushed and shoved to Waldron's squad car in which he ultimately rode to the police station. At the police station he showed his bruised wrists to Van Hal. Johnson's doctor opined that Johnson "most likely" has "intermittent compression of the nerve causing symptoms without persistent or ongoing nerve damage." Additionally, both Johnson and his wife claim to have suffered emotional distress from the incident and the resulting litigation. ⁵

Before commencing our analysis of Johnson's claims, it seems appropriate to note precisely the limits of our inquiry. First of all, we are not here concerned with the actions of Waldron and Morris: judgment has been entered in their favor and they are out of the case. The only remaining defendant is Van Hal. We must focus solely on his conduct and direct that focus to the time after he arrived at the scene in response to Morris's call for assistance. Secondly, we must concentrate on Johnson's actions after he began to flee following the original stop by Morris and how those actions would reasonably appear to one such as Van Hal coming upon the scene. ⁶

(1) With those caveats in mind, we turn to consider whether Van Hal was entitled to summary judgment on Johnson's 42 U.S.C. § 1983 claims. Our analysis of this broad issue requires that we first determine whether Johnson stated recognizable causes of action under 42 U.S.C. § 1983--to-wit, a violation of a right under the Constitution or law of the United States, not under the Constitution or a law of the State of Minnesota, and, secondly, if so, whether Van Hal had a qualified immunity from suit by Johnson.

(a) To state a claim under 42 U.S.C. § 1983, a claimant must allege that the defendant(s), acting under the color of state law, violated his or her rights under the federal constitution or a federal statute. 42 U.S.C. § 1983. Johnson's amended complaint alleges "deprivation of rights * * * secured to him by the First and Fourteenth Amendments to the Constitution of the United States." ⁷

(i) Probable Cause. As we address Johnson's lack of probable cause to make an arrest claim, we note the issue is not whether probable cause existed as of the time the three officers observed Johnson driving through Lakefield. Rather, the focus is directed to the time that Van Hal joined the chase and whether he, himself, had probable cause to arrest Johnson after he had observed him fleeing from Officer Morris following the initial stop near the edge of Lakefield.

Whether probable cause to arrest exists depends upon "whether the objective facts are such that under the circumstances 'a person of ordinary care and prudence (would) entertain an honest and strong suspicion' that a crime has been committed." State v. Johnson, 314 N.W.2d 229, 230 (Minn.1982) (quoting State v. Carlson, 267 N.W.2d 170, 173 (Minn.1978)). However, "the fact that it later turns out that the officers were wrong does not mean they did not have probable cause at the time they made their assessment." State v. Johnson, 314 N.W.2d at 230. Ordinarily, in a 42 U.S.C. § 1983 action the probable cause issue is for jury resolution. Cf., e.g., McKenzie v. Lamb, 738 F.2d 1005, 1008 (9th Cir.1984). But when the facts surrounding the incident can lead to but one conclusion, the court may resolve the issue as a matter of law. See Lundeen v. Renteria, 302 Minn. 142, 147, 224 N.W.2d 132, 135 (1974) (trial court directed verdict on probable cause to arrest affirmed).

When we consider the situation which faced Van Hal when he responded to Morris's call for assistance, we agree with the courts below and are left with no doubt that he had probable cause to arrest Johnson. Morris's radio transmission for assistance had informed Van Hal only that the driver of the pickup he had stopped "got back in and took off." ⁸ He knew nothing about what transpired during Morris's original stop or why...