Radloff v. City of Oelwein, C02-2029.
| Decision Date | 19 May 2003 |
| Docket Number | No. C02-2029.,C02-2029. |
| Citation | 284 F.Supp.2d 1145 |
| Parties | Steven RADLOFF, Plaintiff, v. CITY OF OELWEIN, Jesse Paul, John Reege, and Curt Wilkinson, Defendants. |
| Court | U.S. District Court — Northern District of Iowa |
J. Richard Johnson, Matthew James Reilly, White & Johnson, PC, Cedar Rapids, IA, for plaintiff.
Beth E Hansen, Swisher & Cohrt, PLC, Waterloo, IA, for Defendants.
This matter comes before the court pursuant to the defendant's April 1, 2003 motion for summary judgment (docket number 10) and the plaintiff's April 1, 2003 motion for partial summary judgment (docket number 14). The parties have consented to the exercise of jurisdiction by a United States Magistrate Judge pursuant to the provisions of 28 U.S.C. § 636(c). For the reasons set forth below, the defendant's motion is granted in part and denied in part and the plaintiff's motion is denied.
In this case, the plaintiff, Steve Radloff, alleges that the defendants, Officers Jesse Paul, John Reege, and Curt Wilkinson, violated his Fourth Amendment rights when they unreasonably entered and searched his home without a warrant and used excessive force during an unlawful seizure and that the policies and/or customs of the City of Oelwein were a cause of this constitutional violation. The plaintiff also raises a state law assault and battery claim against the officers. The defendants move for summary judgment arguing: (1) they are entitled to qualified immunity with respect to the plaintiff's claims under 42 U.S.C. § 1983; (2) the entry and search of the plaintiff's home were based on probable cause and exigent circumstances; (3) the amount of force used to seize and arrest the plaintiff was objectively reasonable under the circumstances; (4) there is no evidence that the City of Oelwein had any policy or custom which could serve as the basis for imposition of liability under 42 U.S.C. § 1983; and (5) the City of Oelwein is entitled to summary judgment with respect to the plaintiff's claims for punitive damages. The plaintiff moves for partial summary judgment arguing: (1) there was no basis for the warrantless entry into the plaintiff's home; and (2) the excessive force used by Officers Paul and Wilkinson against the plaintiff was unreasonable under the circumstances.
A motion for summary judgment may be granted only if, after examining all of the evidence in the light most favorable to the nonmoving party, the court finds that no genuine issues of material fact exist and that the moving party is entitled to judgment as a matter of law. Kegel v. Runnels, 793 F.2d 924, 926 (8th Cir.1986). Once the movant has properly supported its motion, the nonmovant "may not rest upon the mere allegations or denials of [its] pleading, but ... must set forth specific facts showing that there is a genuine issue for trial." Fed.R.Civ.P. 56(e). "To preclude the entry of summary judgment, the nonmovant must show that, on an element essential to [its] case and on which it will bear the burden of proof at trial, there are genuine issues of material fact." Noll v. Petrovsky, 828 F.2d 461, 462 (8th Cir. 1987) (citing Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)). Although "direct proof is not required to create a jury question, ... to avoid summary judgment, `the facts and circumstances relied upon must attain the dignity of substantial evidence and must not be such as merely to create a suspicion.'" Metge v. Baehler, 762 F.2d 621, 625 (8th Cir.1985) (quoting Impro Prod., Inc. v. Herrick, 715 F.2d 1267, 1272 (8th Cir.1983)). In applying these standards, the court must give the nonmoving party the benefit of all reasonable inferences to be drawn from the evidence. Krause v. Perryman, 827 F.2d 346, 350 (8th Cir. 1987).
At all material times, the plaintiff was a resident of Oelwein in Fayette County, Iowa. At all material times, defendants Jesse Paul, Jon Reege and Curt Wilkinson were employed by defendant City of Oelwein as police officers. At the time of the incident on May 12, 2000, the plaintiff lived with his wife and his two sons.
On Friday, May 12, 2000, the plaintiff and his wife learned that their younger son Mark was planning to have some friends come to their house that evening. The plaintiff understood that there would be alcohol at the party and knew that Mark and several of his friends were underage. The plaintiff and his wife kept beer in a refrigerator downstairs and routinely allowed Mark to drink at home.
After having two beers earlier that afternoon at some local bars, the plaintiff resumed drinking beer at his home around 8:00 or 8:30 that night. Mark's guests began to arrive around 8:00 p.m. Several of the guests congregated on the deck in the back of the house.
That evening, Officers Paul and Wilkinson were on duty as patrolmen and Officer Reege was on duty as a probationary officer undergoing field training under the supervision of Officer Wilkinson. At 11:27 p.m., the Oelwein Police Department received a complaint from an unidentified female that there were juveniles consuming alcohol at or in the area of the plaintiff's residence. After receiving this complaint, the police dispatcher radioed the information to Officers Paul, Wilkinson, and Reege, the only officers on duty that night. Upon receipt of the call, Officers Paul and Reege proceeded to the plaintiff's residence and arrived there at 11:40 p.m. They parked the car away from the residence and walked directly north to observe what was going on. Officer Paul observed about a half-dozen to a dozen people on the deck and noted that they were "pretty loud." At 11:45, Officer Paul called for assistance. Officer Wilkinson responded and arrived at the scene at 11:48 p.m.
As Officers Paul and Reege started to approach the deck, they could see beer bottles and cans on the railing, however, they could not recall seeing any of the people drinking the beer or with beer in their hands. As the officers approached, some of the people on the deck ran away and some ran into the house. Officer Paul sent Officer Reege around to the front of the house and he then proceeded to go onto the deck. Officer Paul saw Brian Goede, whom he knew to be a minor, drinking beer inside the house through the kitchen window. Mark Radloff had approximately 10 beers that evening but Mike Radloff, the plaintiff's older son, had not been drinking. Mark told Officer Paul that he could not enter the house without a warrant but Officer Paul responded that he could and he proceeded to enter the house through the back door into the kitchen.
When the plaintiff learned that the police had arrived, he went into his bedroom. When Mike Radloff realized the police were in the house, he went into his parents' bedroom to inform them. The plaintiff and his wife told Mike to deal with the police while they remained in their bedroom.
As Officer Paul walked towards the living room, he heard a noise in the garage, opened the door, and saw Brian Goede run out of the garage. Officer Paul then went back into the living room and down the hallway. As he proceeded down the hallway, Officer Paul opened a closed door and found the plaintiff and his wife sitting on their bed fully clothed with the lights off. The plaintiff had consumed approximately six to eight beers that evening. The plaintiff asked Officer Paul what he was doing in the house, but Officer Paul did not answer. Officer Paul proceeded to search the bedrooms and closets with his flashlight. He then headed into the living room and basement with the plaintiff following him. While the plaintiff was following Officer Paul around the house, he was using obscenities and told him "to get his fat a* * out of our house" and to get his "f* * *ing a* * out of our house." Officer Paul found another juvenile in the basement and brought him upstairs into the living room. When Officer Paul came upstairs, he informed the plaintiff that they would contact him at a later date if any charges would be filed. The plaintiff and his son Mark were in the living room yelling and swearing at Officer Paul while Mike was trying to calm them down. Officer Paul then went outside.
In the meantime, Officer Wilkinson was attending to the people in the backyard. He brought the individuals from the backyard out to where his car was parked in front of the house. While he was doing this, Jessica Levendusky, a minor, left the group and went inside the house. Officer Wilkinson got identification from the people outside. He also asked the individuals about who purchased the alcohol but he does not recall what was said. Mark Radloff was speaking with Officer Reege about 20 feet away from the front door.
Officers Paul and Wilkinson returned to the front door and asked for Jessica Levendusky to come outside. The plaintiff told Officer Wilkinson that he knew the law and the officers could not enter his home and continued yelling obscenities. Officer Wilkinson responded, "We don't need a warrant, we're investigating a crime, and she needs to come outside." Mark Radloff stepped in front of them and told them they were not coming back inside. When the officers were told that Jessica Levendusky was not inside, Officer Paul told Mark that if he did not move out of the way and let him in the house, he would be arrested. Mark moved out of the way and Officers Paul and Wilkinson reentered the house. Jessica Levendusky was eventually produced.
Once the officers were back inside the house, the plaintiff again yelled at the officers using obscenities and told them to get out of his house. The plaintiff was "telling them you f* * *ing pigs can't be in this house without a search warrant" and "just kept arguing with them" and threatened to sue. The plaintiff then pointed to the door and told Officer Paul "to get the f* * * out of our house" and "to get his fat a* * out of my house."
At that point, Officer...
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