Rife v. DT Corner, Inc.

• Decision Date: 27 February 2002
• Docket Number: No. 00-0184.,00-0184.
• Citation: 641 N.W.2d 761
• Parties: Gene Raymond RIFE, Jr., Appellant, v. D.T. CORNER, INC. d/b/a Papa's Planet, Centurion Security Services, Inc. a/k/a CSSI, Appellees.
• Court: Iowa Supreme Court

641 N.W.2d 761

Gene Raymond RIFE, Jr., Appellant, v. D.T. CORNER, INC. d/b/a Papa's Planet, Centurion Security Services, Inc. a/k/a CSSI, Appellees.

No. 00-0184.

Supreme Court of Iowa.

February 27, 2002.

Zorica Ilic of the Sporer Law Firm, P.C., Des Moines, for appellant.

Thomas I. Henderson and John F. Fatino of Whitfield & Eddy, P.L.C., Des Moines, for appellee D.T. Corner, Inc.

Gerry M. Rinden of Wintroub, Rinden, Sens & McCreary, Des Moines, for appellee Centurion Security Services, Inc.

CADY, Justice.

The fighting issue presented in this action for assault and battery and false imprisonment is whether a citizen's arrest perfected by numerous persons acting in concert can be lawful when there is no evidence that the person who first made the arrest observed the commission of a public offense. The district court overruled the plaintiff's motion for directed verdict and motion for judgment notwithstanding the verdict following a jury verdict for the defendants. We transferred the case to the court of appeals. It reversed the district court judgment, and ordered a new trial on the false imprisonment claim. On further review, we vacate the decision of the court of appeals and affirm the judgment of the district court.

I. Background Facts and Proceedings.

Childhood friends Gene Rife and Steven Johnson met at the Hickman Pub after work on the night of August 13, 1998. After sharing three pitchers of beer, they left the pub and went to the Court Avenue district in downtown Des Moines. They decided to visit a nightclub called "Papa's Planet." The nightclub was owned by D.T. Corner, Inc.

Papa's Planet charged patrons a five-dollar fee, or cover charge. Several employees of the club were stationed at the entrance to collect the fee, and additional employees supervised the activities of the patrons. The employees who provided supervision were called "bouncers." Papa's Planet also contracted with Centurion Security Services, Inc. for additional security. This company provided security personnel for several Court Avenue establishments. The security officers generally patrolled the area and could be contacted by Papa's Planet employees by radio transmitters.

Rife and Johnson entered the club without paying the cover charge. They both claimed the doorman gave them permission to enter without paying so they could look around to see if they wanted to stay. However, bouncers stationed at the door were told the two men simply entered without paying the charge. A bouncer approached Rife and Johnson in the club and asked them to return to the entrance to pay the cover charge. Additionally, security personnel from Centurion were summoned.

Rife and Johnson returned to the entrance of Papa's Planet where they were met by two Centurion security officers, as well as Papa's Planet employees Matt Miller, Jeff Blaine, and John Elkin. The two security officers were Todd Habick and Dan Kite. As Rife was walking out, he lowered his shoulder into Miller's back. Rife then began complaining to Kite about the manner in which the club employees were treating him. He also began pointing a finger in Kite's face while shouting profanities. After Rife ignored Kite's repeated requests to step back, Kite pushed Rife away from him. Rife responded by throwing punches at Kite. Blaine then attempted to gain control of the escalating situation by grabbing Rife from behind. Rife momentarily escaped Blaine's grasp and attempted to strike Blaine on his backside. Before Rife could do so, however, Habick sprayed the chemical Mace® on Rife to stop the attack.

After the Mace® was used, Rife started to run from Papa's Planet. Numerous employees of the nightclub and the two security officers pursued him. The chase ended several hundred feet from Papa's Planet when Matt Wharff, a club employee, caught up with Rife and restrained him. Habick then placed handcuffs on Rife and informed him law enforcement personnel would be arriving shortly. Rife was never informed he was under arrest or the reason for the detention.

Rife was detained until law enforcement officers arrived. Neither Rife nor any of the individuals involved in the detention of Rife were charged with committing a crime. Des Moines police officers released Rife after questioning him for a brief period of time.

Based on the incident, Rife brought an action for damages against Papa's Planet and Centurion Security Services, Inc. on numerous grounds, which were eventually reduced to assault and battery and false imprisonment. The defendants answered the petition generally denying its allegations. Papa's Planet also advanced affirmative defenses, including acquiescence, assumption of the risk, and defense of property and business invitees.

One week prior to the commencement of trial, the defendants filed motions for leave to amend their answers to add the affirmative defenses of citizen's arrest and self-defense. Rife resisted the motions, claiming the amendments would substantially change the issues. The district court granted the motions.

At trial Rife, Johnson, Blaine, Miller, Elkin, Habick, and Kite testified to the events of the night of August 13, 1998. However, Wharff, the employee who first stopped and detained Rife, had enlisted in the Navy a few months after the incident and, consequently, was unavailable to testify at trial or submit to a deposition. Nevertheless, Habick described the chase at trial and Wharff's actions in restraining Rife. Wharff led the chase of Rife, while Habick was immediately behind Wharff. When Wharff caught up with Rife, he wrapped his arms around Rife and asked Rife to acquiesce. After Rife continued to resist, Wharff picked him up and took him to the ground. Habick further testified that Rife resisted Habick while he attempted to handcuff Rife. Furthermore, Blaine's testimony supported Habick's version of events. Although Blaine arrived on the scene a few seconds after Habick and did not see Wharff's initial restraint of Rife, Blaine did witness Wharff bringing Rife to the ground.

Habick and Blaine testified they pursued Rife for the purpose of detaining him for law enforcement officers. They observed Rife commit at least one, if not three, assaults on the premises of Papa's Planet on August 13.

At the close of the evidence, Rife moved for a directed verdict on the false imprisonment claim. He contended the evidence at trial showed without dispute that Rife was detained against his will and that the defendants could not justify the detention based upon a citizen's arrest because they failed to present evidence showing Wharff witnessed Rife commit a public offense. Rife also argued he was entitled to a directed verdict on his assault and battery claim because the affirmative defense of self-defense asserted by the defendants was not available based on the evidence that Rife retreated after his alleged assault. The district court overruled the motion for directed verdict.

The district court instructed the jury on Rife's claim of false imprisonment. It also instructed the jury that private persons may lawfully arrest another person under certain circumstances, and that a lawful citizen's arrest was an affirmative defense to the claim of false imprisonment. It further instructed the jury that Rife could not recover on his claim of false imprisonment if the defendants had established a citizen's arrest.

The jury returned a verdict in favor of both Centurion and Papa's Planet. Rife subsequently filed a combined post-trial motion. In a motion for judgment notwithstanding the verdict, Rife renewed his claim for a directed verdict on the false imprisonment theory, but did not raise the assault and battery theory. In a motion for new trial, Rife claimed the court erred in granting the defendants' untimely request to add the affirmative defenses of citizen's arrest and self-defense. The court denied both motions.

Rife appealed and raised two issues. He claimed the district court abused its discretion in permitting the defendants to file amendments to their answers. Furthermore, Rife contended that the court erred in denying his motion for directed verdict and motion for judgment notwithstanding the verdict.

We transferred the case to the court of appeals. It held the district court erred in denying the directed verdict motion, and reversed and remanded for a new trial against Papa's Planet on the false imprisonment claim. The court of appeals found Papa's Planet failed to introduce substantial evidence on each element of the citizen's arrest defense. It found insufficient evidence to support the defense of citizen's arrest because there was no testimony that Wharff observed Rife commit a public offense.

Papa's Planet sought further review. We granted the application.

II. Standard and Scope of Review.

We afford district courts considerable discretion in ruling on motions for leave to amend pleadings. Davis v. Ottumwa YMCA, 438 N.W.2d 10, 14 (Iowa 1989). Consequently, we will reverse only if the record indicates the court clearly abused its discretion. Id.; Ellwood v. Mid States Commodities, Inc., 404 N.W.2d 174, 179 (Iowa 1987). We will find an abuse of discretion when the court bases its decision on clearly untenable grounds or to an extent clearly unreasonable. McElroy v. State, 637 N.W.2d 488, 495 (Iowa 2001); Davis, 438 N.W.2d at 14.

We review the denial of a motion for directed verdict for errors at law. McClure v. Walgreen Co., 613 N.W.2d 225, 230 (Iowa 2000). When ruling on the motion, the court must consider the evidence in a light most favorable to the party against whom the motion is directed. Id.; Kraft v. City of Bettendorf, 359 N.W.2d 466, 469 (Iowa 1984). If each element of the claim is supported by substantial evidence in the record, the court must overrule the motion. McClure, 613 N.W.2d at 230; Lamb v. Manitowoc Co., 570 N.W.2d 65, 68 (Iowa 1997). Moreover, if reasonable minds could deduce different inferences from the evidence...