Patzner v. Burkett

• Decision Date: 05 March 1985
• Docket Number: Civ. No. A3-84-105.
• Citation: 603 F. Supp. 1139
• Parties: Leland PATZNER, Plaintiff, v. Joyce BURKETT a/k/a Joyce McLaughlin, Deborah Myerchin and Stutsman County, North Dakota, a political subdivision, Defendants.
• Court: U.S. District Court — District of South Dakota

603 F. Supp. 1139

Leland PATZNER, Plaintiff, v. Joyce BURKETT a/k/a Joyce McLaughlin, Deborah Myerchin and Stutsman County, North Dakota, a political subdivision, Defendants.

Civ. No. A3-84-105.

United States District Court, D. North Dakota, Southeastern Division.

March 5, 1985.

James A. Wright, Hjellum, Weiss, Nerison, Jukkala, Wright & Paulson, Jamestown, N.D., for plaintiff.

Paul Grinnell, Gunhus, Grinnell, Klinger, Swenson & Bye, Moorhead, Minn., for defendants.

MEMORANDUM AND ORDER

BENSON, Chief Judge.

Defendants in the above-entitled action have moved for partial or complete summary judgment dismissing Plaintiff's claims that Defendants Joyce Burkett and Deborah Myerchin made an illegal home arrest without consent or probable cause, violated Plaintiff's rights by using excessive force, and violated Plaintiff's rights against cruel and unusual punishment. Defendants further move the court for dismissal of all claims against Defendant Stutsman County, on the basis there is no vicarious liability under 42 U.S.C. § 1983, or in the alternative for dismissal of punitive damage claims against the County.

Plaintiff has opposed Defendants' motion for summary judgment. In addition, Plaintiff has moved for partial summary judgment on the issue of the legality of the home entry and arrest for driving under the influence (D.U.I.).

FACTS

On April 17, 1983, sometime between 1:30 and 2:50 a.m., Plaintiff Leland Patzner drove his custom built passenger van off a road, through a ditch, and up onto a paved county road. In doing so, his van struck a car driven by his ex-sister-in-law, Pam Marsolek, which was travelling on the paved road. Marsolek's car was forced off the road into a ditch.

Patzner stopped near Marsolek's car, spoke with her, and offered her some money. There was a dispute between Patzner and Marsolek as to the amount of money Patzner would pay her. Patzner then informed Marsolek that if she was going to call the police he would be at home. Patzner left the scene of the accident and went immediately to his residence, which was located about three to four city blocks from the accident scene.

Pam Marsolek immediately contacted the Stutsman County Sheriff's Department, and Deputy Joyce Burkett and Special Deputy Deborah Myerchin were dispatched to the accident scene. Joyce Burkett is a 25-year old female deputy sheriff employed by Stutsman County. Deborah Myerchin is a 24-year old female who was participating in the volunteer special deputy ride along program for Stutsman County. Deborah Myerchin, as a special deputy, was required to periodically ride along with full deputies, to observe and gain experiences for her training. The full deputy was responsible for the patrol unit and was the supervisor of the special deputy. Deborah Myerchin was wearing a uniform and badge, but did not have a handgun or a night stick.

Defendants Burkett and Myerchin drove 15 to 20 miles south from Jamestown, North Dakota, to the accident scene near Ypsilanti, North Dakota. They inspected the scene and Marsolek's vehicle and interviewed Marsolek and her passengers. Marsolek informed Burkett and Myerchin of Patzner's offer of money to Marsolek, and that Patzner had been drinking and appeared to be intoxicated. Burkett and Myerchin immediately drove to Patzner's house.

Burkett inspected the damage to Patzner's van, which was parked outside Patzner's house. She observed a man, later identified as Lester Naatus, inside the van removing something, which Burkett believed to be beer. Burkett asked Naatus if Patzner was home, and he responded in the affirmative. Burkett asked if she could talk with him. Naatus said he would get him and went into the house. Burkett waited outside and returned to the squad car.

Burkett then went to the front door of Patzner's house. The screen door was open, and Burkett asked Naatus if she could speak with Patzner. Naatus walked back to the kitchen and found Patzner fixing something to eat on the stove. Patzner told Naatus to tell the deputy he was in the kitchen eating. Naatus walked back by the door and told Burkett that Patzner was in the kitchen eating. Naatus then sat down on the couch and Burkett walked through the living room into the kitchen.

Patzner admits that if the officers would have waited until he came out to the living room, he would have asked them in.

Deputy Burkett informed Patzner he was under arrest, and Patzner replied he was not going with her. Burkett, in an attempt to take Patzner into physical custody, pulled Patzner from his chair, which was at a height of 12 to 18 inches off the floor.

Patzner had both of his legs amputated as the result of a war injury. He weighs over 175 pounds without his prosthetic legs, and he refused to go with Burkett voluntarily. Burkett dragged Patzner into the living room, where Patzner told Burkett that he would go with her. Patzner did not physically cooperate, however, or tell Burkett where his wheel chair or prosthetic legs were. At the time of his arrest, Patzner's prosthetic legs were in a bedroom in his home. The devices were not fitting him well, and he was waiting to go for a refitting. His wheelchair was in his living room, but Burkett and Myerchin did not know where the wheelchair was located. Patzner never made a request for it.

Burkett continued to drag Patzner another 15 feet to the front door, where they were met by Myerchin. Burkett then handcuffed Patzner and she and Myerchin attempted to carry him to the squad car. They carried and dragged Patzner to the squad car and placed him on the back seat.

Burkett drove Patzner directly to the Stutsman County jail, arriving at about 3:30 to 4:00 a.m. Patzner was dragged and carried up several stairs to the jail booking area, where he was placed on the floor. There were no chairs in the booking area due to the danger they present in the event a prisoner becomes violent. All prisoners are required to stand or sit on the floor or stairs.

While Patzner was being transported to the jail he was asked if he would take a blood test for alcohol. Patzner told Burkett and Myerchin he would not take the blood test until he talked to his lawyer. Patzner was booked with D.U.I. and held for detoxification. He immediately called his lawyer, who arrived at 4:40 a.m.

The jailer took a mattress from a cell bunk and laid it on the floor for Patzner. Patzner was held in the jail overnight until 4:00 p.m. on Sunday, April 17, when he was released.

Patzner did not receive any medical treatment nor has he made any claim for personal injuries. He has made no claim for lost wages or psychological injury.

Patzner was charged with D.U.I. and prosecuted in Stutsman County Court before the Honorable Harold B. Herseth. Patzner moved to suppress evidence and for dismissal of the charges on the basis that his arrest was illegal. Following the evidentiary hearing in the County Court, the court ruled there was no question there was probable cause to make an arrest and that Burkett thought she had consent to enter Patzner's home, but in fact, there was no consent. The court noted while there was no authority presented to show an officer could enter someone's home to make a warrantless arrest for a misdemeanor, there was no authority submitted by Patzner that flatly stated the opposite. The court concluded that because the prosecution could not present any authority in support of its position, a warrantless arrest could not be made under the circumstances. The court suppressed all evidence received as a result of the entry into Patzner's house and the State's Attorney dismissed the D.U.I. charges against Patzner.

DISCUSSION

Plaintiff brought this action under 42 U.S.C. § 1983 alleging four specific rights violations: (1) arrest without probable cause; (2) warrantless and nonconsentual entry into Plaintiff's house to perfect an arrest; (3) excessive use of force; and (4) cruel and unusual punishment.

The qualified immunity defense is available to government officials performing discretionary functions. Qualified immunity shields officials from liability from civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person should have known. Harlow v. Fitzgerald, 457 U.S. 800, 815-819, 102 S.Ct. 2727, 2737-2739, 73 L.Ed.2d 396 (1982).

A. Probable Cause to Arrest

In Patzner's criminal case on the D.U.I. offense, the state court, in ruling on Plaintiff's motion to suppress and dismiss, specifically held there was probable cause for Patzner's arrest on the D.U.I. offense. The state court's finding of probable cause is binding for purposes of this civil rights action under section 1983. Principles of res judicata and collateral estoppel are fully applicable to civil rights actions brought under section 1983. Allen v. McCurry, 449 U.S. 90, 101 S.Ct. 411, 66 L.Ed.2d 308 (1980). Therefore, Plaintiff's claim the arrest was without probable cause cannot be relitigated and fails.

B. Warrantless and Nonconsentual Entry Into Plaintiff's House to Effect an Arrest

Defendants are shielded from liability if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person should have known. Harlow, 457 U.S. 800, 102 S.Ct. 2727, 73 L.Ed.2d 396. The state court judge found that Burkett thought she had been given consent to enter Patzner's house, but in fact, consent had not been given. The state court judge did not address the pertinent issue here, however, whether Burkett was violating clearly established statutory or constitutional rights of which a reasonable person should have known.

Under section 29-06-15 of the North Dakota Century Code a peace officer, without a warrant, may arrest a person on a charge, made upon reasonable cause, of driving or being in actual physical control of a vehicle while under the influence of alcoholic beverages. In Payton v. New York, 445 U.S. 573, 100 S.Ct....