Leventhal v. Schaffer
| Decision Date | 09 September 2010 |
| Docket Number | No. C 07–4059–MWB.,C 07–4059–MWB. |
| Citation | 743 F.Supp.2d 990 |
| Parties | William Eugene LEVENTHAL, Plaintiff,v.Sgt. Daniel SCHAFFER, Defendant. |
| Court | U.S. District Court — Northern District of Iowa |
OPINION TEXT STARTS HERE
William Eugene Leventhal, El Segundo, CA, pro se.Jeffrey C. Peterzalek, AAG, Des Moines, IA, Mark Hunacek, Iowa Department of Transportation, Ames, IA, for Defendant.
As this case shows, the Register's Annual Great Bicycle Ride Across Iowa (RAGBRAI) is not just a week of fun, unlimited food on a stick, furious peddling, and beautiful Iowa scenery. It is also a microcosm of social interaction. Events on RAGBRAI 2005 led to plaintiff William Eugene Leventhal's 42 U.S.C. § 1983 action for unlawful arrest, ultimately resulting in a three-day bench trial against defendant Sergeant Daniel Schaffer.
Plaintiff William Eugene Leventhal, filed this pro se civil action for damages, pursuant to 42 U.S.C. § 1983 and the Iowa Tort Claims Act (ITCA), Iowa Code Ch. 669, by filing a complaint (docket no. 1) against defendant Sergeant Daniel Schaffer, defendant Lieutenant Jeff Ritzman, and defendant Unknown Employees of the Iowa State Patrol (collectively, the defendants), on July 27, 2007. Leventhal claims Schaffer unlawfully arrested him for disorderly conduct under Iowa Code § 723.4(3), and that Schaffer used excessive force in handcuffing his wrists, during RAGBRAI on July 29, 2005. Leventhal claims Lieutenant Ritzman, as well as possibly other unknown employees of the Iowa State Patrol, condoned and endorsed defendant Schaffer's alleged illegal actions. Leventhal sued the defendants in their official and individual capacities, alleged damages in the amount of $63,000, and requested attorney fees under 42 U.S.C. § 1988.
On September 27, 2007, the defendants filed a Motion to Dismiss (docket no. 7) pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, which Leventhal resisted. I granted the motion in part and denied it in part, leaving Leventhal with a § 1983 claim 1 against Schaffer in his individual capacity and the ITCA claims against the defendants in their individual capacities—all other claims were dismissed. On January 14, 2008, the defendants filed an Answer (docket no. 15) to Leventhal's Complaint, generally denying all the allegations of wrongdoing therein, and asserting that Schaffer is entitled to qualified immunity.
The defendants filed their Motion for Summary Judgment (docket no. 23) on August 29, 2008, requesting that I grant summary judgment in favor of the defendants on the federal claims because Schaffer had probable cause to arrest Leventhal, his use of handcuffs was not unreasonable, and Schaffer was entitled to qualified immunity. In addition, the defendants alleged both Lieutenant Ritzman and Schaffer were entitled to judgment as a matter of law on the ITCA claims because Leventhal had not exhausted administrative remedies for filing a claim under state law. Leventhal filed his resistance (docket no. 35) to the defendants' Motion for Summary Judgment on October 17, 2008. On March 9, 2009, Leventhal also filed an untimely demand for a jury trial. (docket no. 54). The defendants moved to strike the demand on March 11, 2009. (docket no. 55).
In my March 24, 2009, ruling, 612 F.Supp.2d 1026 (N.D.Iowa 2009), on defendants' Motion for Summary Judgment and Motion to Strike Jury Demand, I denied Leventhal's request for a jury trial, and in effect, granted defendants' Motion to Strike the Jury Demand. Moreover, I granted defendants' Motion for Summary Judgment as to Leventhal's 42 U.S.C. § 1983 claim against Schaffer for excessive force, because there was no evidence of an actual injury resulting from the handcuffs, and Schaffer's method of handcuffing and transporting Leventhal was reasonable. Additionally, I granted defendants' Motion for Summary Judgment concerning Leventhal's ITCA claims, because Leventhal failed to exhaust his administrative remedies before filing suit. See Iowa Code § 669.5(1). As a result, the only claim remaining before me was Leventhal's 42 U.S.C. § 1983 claim for unlawful arrest under the Fourth Amendment to the United States Constitution, and the issue of whether Schaffer was entitled to qualified immunity. On April 8, 2009, Schaffer appealed (docket no. 59) my decision to deny his claim of qualified immunity and to deny his Summary Judgment Motion as to Leventhal's 42 U.S.C. § 1983 claim for unlawful arrest. Leventhal cross appealed (docket no. 65) on April 14, 2009, my decision to grant defendants' Motion for Summary Judgment as to Leventhal's 42 U.S.C. § 1983 claim against Schaffer for excessive force, and my decision to grant defendants' Motion for Summary Judgment on Leventhal's ITCA claims. On February 17, 2010, the United States Court of Appeals for the Eighth Circuit, affirmed my summary judgment decision. 365 Fed.Appx. 37 (8th Cir.2010).
Consequently, I held a three-day bench trial on July 26–28, 2010, to determine whether Leventhal was entitled to damages for his remaining claim of unlawful arrest pursuant to 42 U.S.C. § 1983, or if this claim should be dismissed because Schaffer was entitled to qualified immunity. At trial, Leventhal represented himself pro se. Schaffer was represented by Jeffrey C. Peterzalek, Assistant Attorney General for the State of Iowa. After the parties' well prepared and effective presentation of evidence, I find that this case is now ripe for disposition.
Rule 52 of the Federal Rules of Civil Procedure provides, “In all actions tried upon the facts without a jury or with an advisory jury, the court shall find the facts specially and state separately its conclusions of law thereon....” Fed.R.Civ.P. 52(a). A court may then enter judgment. Fed.R.Civ.P. 58. In reviewing a district court's order entering judgment after a bench trial, the court of appeals reviews the district court's factual findings for clear error and reviews its legal conclusions de novo. Fed.R.Civ.P. 52(a); Speer v. City of Wynne, Ark., 276 F.3d 980, 984–85 (8th Cir.2002). “Under this standard, [the Eighth Circuit Court of Appeals] overturn[s] a factual finding only if it is not supported by substantial evidence in the record, if the finding is based on an erroneous view of the law, or if [the appellate court is] left with the definite and firm conviction that an error has been made.” Estate of Davis v. Delo, 115 F.3d 1388, 1393–94 (8th Cir.1997). In addition, a reviewing court gives due regard to the opportunity of the district court to judge the credibility of the witnesses. Id.; Fed.R.Civ.P. 52(a).
The parties do not dispute the large majority of factual matters underlying this case. Nonetheless, I will not distinguish between the facts to which the parties have stipulated and the facts that require me to resolve conflicting testimony. I note, however, that most of the conflicting testimony between Leventhal and Schaffer pertains to the sequence of events that occurred immediately prior to Leventhal's arrest.
Every year, RAGBRAI attracts over 20,000 bicycle riders from all 50 states and many foreign countries for a memorable trip across the great State of Iowa. This rolling celebration is “the oldest, largest and longest bicycle touring event in the world.” RAGBRAI, http:// ragbrai. com (last visited September 9, 2010). In 1985, Leventhal first participated in RAGBRAI after being invited by a friend and past coworker. Leventhal enjoyed RAGBRAI so much that he came back to Iowa nineteen more times to pedal across the state. Leventhal always had positive experiences with RAGBRAI, but after his nineteenth tour in 2005, he swore he would never come back.
In 2005, Leventhal traveled from his home town of Montgomery, Alabama, to Iowa for his nineteenth RAGBRAI. During this RAGBRAI, Leventhal engaged in several heated exchanges with a RAGBRAI team called the “Bad Boys.” The “Bad Boys” were known for partying along the bicycle route and their distinctive, fully stocked, alcohol rack located on the back of their bikes. Leventhal had originally been a member of the “Bad Boys” team, but their friendship dissolved after an altercation many years prior when some members of the “Bad Boys” team jokingly threatened to “butt fuck” Leventhal. Confrontations escalated on July 28, 2005, when “Bad Boy” Bill, and two other members of the “Bad Boys” team, threw ice water on Leventhal when he was taking a nap along the bicycle route. At a bar later that day, Leventhal confronted Bill, Mike, and seven other members of the “Bad Boys” team for the purpose of telling them to stop harassing him and his desire to have the team apologize. The...
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..."Whether particular words constitute fighting words is a question of fact." Coggin, 123 S.W.3d at 90; see also Leventhal v. Schaffer, 743 F. Supp. 2d 990, 1002-03 (N.D. Iowa 2010) (collecting cases that held words or conduct did or did not constitute fighting words). "[W]ords may or may not......
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