Park v. Shiflett

• Decision Date: 23 January 2001
• Docket Number: No. 00-1809,00-1809
• Citation: 250 F.3d 843
• Parties: (4th Cir. 2001) BRENDA S. PARK; TONY D. PARK, Plaintiffs-Appellees, v. STEPHEN R. SHIFLETT; JEFF SIMMS, Defendants-Appellants. Argued:
• Court: U.S. Court of Appeals — Fourth Circuit

Page 843

250 F.3d 843 (4th Cir. 2001)

BRENDA S. PARK; TONY D. PARK, Plaintiffs-Appellees, v. STEPHEN R. SHIFLETT; JEFF SIMMS, Defendants-Appellants.

No. 00-1809

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Argued: January 23, 2001

Decided: May 17, 2001

Appeal from the United States District Court for the Western District of Virginia, at Charlottesville. B. Waugh Crigler, Magistrate Judge. (CA-99-39-3) [Copyrighted Material Omitted]

[Copyrighted Material Omitted]

[Copyrighted Material Omitted] COUNSEL ARGUED: Anton Joseph Stelly, THOMPSON, SMITHERS, NEW- MAN, WADE & CHILDRESS, Richmond, Virginia, for Appellants. Thomas E. Albro, TREMBLAY & SMITH, L.L.P., Charlottesville, Virginia, for Appellees. ON BRIEF: Peter J. Caramanis, TREM- BLAY & SMITH, L.L.P., Charlottesville, Virginia, for Appellees.

Before WIDENER and TRAXLER, Circuit Judges, and Malcolm J. HOWARD, United States District Judge for the Eastern District of North Carolina, sitting by designation.

Affirmed in part and reversed in part by published opinion. Judge Howard wrote the majority opinion, in which Judge Widener joined. Judge Traxler wrote an opinion concurring in part and dissenting in part.

OPINION

M. J. HOWARD, District Judge:

Appellants Stephen R. Shiflett and Jeff Simms appeal the decision of the magistrate judge awarding appellees Brenda S. Park and Tony D. Park $450,000 and $50,000 respectively. We affirm in part and reverse in part.

I.

Brenda and Tony Park were canning food in their home in Mineral, Virginia, on November 22, 1998. They left their home between 10:30 p.m. and 11:00 p.m. to walk to the Mobil Mart to purchase canning lids.

When the Parks arrived at the Mobil Mart, the store was suffi- ciently lit to give the impression that someone was still working inside. Mrs. Park pulled on the door which opened without the use of excessive force. Mrs. Park proceeded to enter the store and, in doing so, triggered the alarm. Mr. Park remained outside.

The 911 operator at the Louisa County Sheriff's Department received a call from ADT alerting her to the alarm activation at the Mobil Mart. Shortly thereafter, Mrs. Park placed a 911 call to the Louisa County Sheriff's Department and informed the operator she had opened the door and found no one inside and that an alarm had been triggered. The Parks agreed to wait at the scene until law enforcement officers arrived.

Louisa County Sheriff's Deputies Stephen Shiflett and Jeff Simms responded to the dispatcher's call regarding the alarm activation. They were aware that a woman had entered the store, triggered the alarm, called 911, and was waiting at the scene. The deputies were never informed that the call was for any potential criminal offense, i.e. breaking and entering.

The deputies asked the Parks a few questions, and the Parks pro- vided the deputies with their names and address and related the events that led to the 911 call. Deputy Shiflett inspected the store and found nothing to indicate a forced entry. No merchandise appeared out of place and nothing appeared to be missing. The only thing suspicious was that a cash drawer, containing only loose change, was lying on the floor in the office.

Because the Parks planned on only a brief trip to the store, they mistakenly left the stove burner on under the canner. The Parks became concerned about the potential fire hazard at their home, and Mrs. Park entered the store to inquire as to why the deputies were tak- ing so long. Mrs. Park was ordered to wait outside by Deputy Shiflett.

When the deputies emerged from the store, the Parks informed them of their concern about the fire hazard at their home and asked that at least one of them be allowed to go home and turn off the stove; the deputies refused to let them leave. Mrs. Park decided to make another 911 call to request that the fire department be sent to her home to turn off the pressure cooker. During the call, Mr. Park, against the orders of the officers, began to walk away to return home. Deputy Simms grabbed Mr. Park and told him that he was being detained until the owner of the store arrived, but that he was not under arrest. He placed Mr. Park in handcuffs and directed him toward the building. Deputy Shiflett then kicked Mr. Park's legs apart and threw him up against the building. At no time did Mr. Park physically resist arrest, nor did he ever verbally or physically threaten the officers. However, officer Simms testified that Mr. Park was not cooperative.

In the midst of her second 911 call, Mrs. Park turned around and saw her husband pressed up against the front of the store and being handcuffed. Mrs. Park claims that she ran toward her husband and was grabbed by Deputy Shiflett. The officers claim that Mrs. Park ini- tiated the contact by grabbing Deputy Shiftlett. It is undisputed, how- ever, that Deputy Shiflett twisted Mrs. Park's arm behind her back, threw her up against the building, and handcuffed her. He sprayed her twice in the eyes with Oleoresin Capsicum ("OC") spray from close range.¹

The effects of OC spray include (1) dilation of the capillaries and instant closing of the eyes through swelling of the eyelids, (2) imme- diate respiratory inflammation, including uncontrollable coughing, retching, shortness of breath and gasping for air with a gagging sensa- tion in the throat, and (3) immediate burning sensations to the mucous membranes, skin and inside the nose and mouth. Mrs. Park suffered each of these effects.

Deputy Shiflett then transported Mrs. Park to the Louisa County Sheriff's Department. Upon arriving, Deputy Shifflet took Mrs. Park inside, tripping and pushing her as she entered. He then threw Mrs. Park into a cell. Later that evening Deputy Shiflett transported Mrs. Park to the regional jail in Orange, Virginia. During this drive, Dep- uty Shiflett manipulated the volume of the car radio"in a menacing and harassing fashion."

It is not disputed that following the owner's examination of the store, nothing appeared amiss and no crime was committed. The Parks were not charged with any crime and were released.

As a result of the incident, Mrs. Park claims that she suffers from severe Post Traumatic Stress Disorder and will continue to do so in the future. Mr. Park claims damages as a result of unlawful arrest, including battery, humiliation and harassment.

The district court, based on a long bench trial in front of a Magis- trate Judge B. Waugh Crigler of the United States District Court for the Western District of Virginia, at Charlottesville, in which the par- ties testified to the events as they claim they occurred, awarded dam- ages of $450,000 to Mrs. Park and $50,000 to Mr. Park respectively.

II.

The standard of review at issue here is primarily that as pertains to the detention of the Parks by the deputies. Ultimate questions of reasonable suspicion to make a warrantless seizure of a person involve both questions of fact and law and are reviewed de novo on appeal, though the appellate court is bound by the trial court's findings of historical facts leading up to the stop or search unless clearly erroneous based on the evidence. See Ornelas v. United States, 517 U.S. 690-91, 699 (1996) (holding when mixed question of law and fact issue of whether the historical facts, viewed from the standpoint of an objectively reasonable police officer, amount to reasonable suspicion or to probable cause is to be reviewed de novo to avoid unacceptably varied results based on the interpretation of similar facts by different trial judges). However, a reviewing court should take care both to review findings of historical fact only for clear error and to give due weight to inferences drawn therefrom by resident judges. Id. Therefore, it is appropriate for this court to review the probable cause determinations de novo, but should review the findings of fact and the credibility determinations under a clearly erroneous standard. See United States v. Gray, 137 F. 3d 765, 770 (4th Cir. 1998) (holding district court's factual findings in search and seizure context are reviewed on appeal for clear error, however, whether given facts constitute probable cause is a legal determination which is reviewed de novo).

III.

A.

"No right is held more sacred, or is more carefully guarded, by the common law, than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law." Terry v. Ohio, 392 U.S. 1 (1968) (quoting Union Pac. R. Co. v. Botsford, 141 U.S. 250, 251 (1891)). It is from this sacred right that this case finds its genesis.

Through the years of Fourth Amendment jurisprudence, courts have attempted to strike a delicate balance between the needs of law enforcement officers who constantly place themselves in harm's way, and the sacred rights described above.

The police can stop and detain a person for investigative purposes "if the officer has a reasonable suspicion supported by articulable facts that criminal activity may be afoot." United States v. Sokolow, 490 U.S. 1, 7 (1989) (quoting Terry v. Ohio, 392 U.S. at 20). In order to justify a Terry seizure, "the police officer must be able to point to specific and articulable facts which, taken together, with rational inferences from those facts, reasonably warrant that intrusion." 392 U.S. at 21. Thus, the legitimacy of an investigative stop turns on what constitutes "reasonable suspicion," which this court has called "a common-sensical proposition . . . properly crediting the officers who observe on a daily basis what transpires on the street." United States v. Lender, 985 F. 2d 151, 154 (4th Cir. 1993). Because the intrusion created by an investigative stop is minimal, the reasonable suspicion standard is not onerous. See United States v. Harris, 29 F. 3d 1262, 1268-69 (4th Cir. 1994) (holding officer's observation of man leaving apartment in a vehicle after confidential...