Saunders v. Thies

• Decision Date: 29 June 2022
• Docket Number: 21-2180
• Citation: 38 F.4th 701
• Parties: Courtney SAUNDERS, Plaintiff - Appellant v. Kyle THIES, individually and in his official capacity as a law enforcement officer for the Des Moines, IA Police Dept.; Clint Dee, individually and in his official capacity as a law enforcement officer for the Des Moines, IA Police Dept.; Dana Wingert, individually and in his official capacity as Chief of Police for the Des Moines, IA Police Dept.; City of Des Moines, Iowa, Defendants - Appellees
• Court: U.S. Court of Appeals — Eighth Circuit

38 F.4th 701

Courtney SAUNDERS, Plaintiff - Appellant

v.Kyle THIES, individually and in his official capacity as a law enforcement officer for the Des Moines, IA Police Dept.; Clint Dee, individually and in his official capacity as a law enforcement officer for the Des Moines, IA Police Dept.; Dana Wingert, individually and in his official capacity as Chief of Police for the Des Moines, IA Police Dept.; City of Des Moines, Iowa, Defendants - Appellees

No. 21-2180

United States Court of Appeals, Eighth Circuit.

Submitted: January 12, 2022

Filed: June 29, 2022

Gina Messamer, Parrish & Kruidenier, Des Moines, IA, for Plaintiff-Appellant.

James E. Andersen, S. Luke Craven, Whitfield & Eddy, Des Moines, IA, for Defendant-Appellee Kyle Thies.

John O. Haraldson, City Attorney's Office, Legal Department, Des Moines, IA, for Defendants-Appellees Clint Dee, Dana Wingert, City of Des Moines, Iowa.

Before BENTON, SHEPHERD, and STRAS, Circuit Judges.

SHEPHERD, Circuit Judge.

Following a traffic stop during which Courtney Saunders was cited for driving with an open liquor bottle in his car, Saunders filed suit against the Des Moines Police Department officers involved in the stop, Officers Kyle Thies and Clint Dee, as well as the City of Des Moines Chief of Police, Dana Wingert, and the City of Des Moines, alleging claims under state and federal law for violation of his constitutional rights. The district court¹ granted summary judgment in favor of defendants and denied Saunders's request to certify questions to the Iowa Supreme Court and his motion for reconsideration. Having jurisdiction under 28 U.S.C. § 1291, we affirm the judgment of the district court.

I.

This case arises from the traffic stop Officers Thies and Dee performed on Saunders, a 29-year-old black man, shortly after midnight on July 8, 2018. Thies and Dee were traveling in a police transport van, driven by Thies, when Thies observed a vehicle make what he described as an "abrupt" turn that "didn't feel right." Despite the fact that they were in a police transport van, which is primarily used to transport individuals to the county jail, because the van did not have any individuals in it, Thies and Dee were acting in their general capacity as police officers. When serving in this capacity, Thies and Dee would periodically perform investigations or traffic stops. After observing the vehicle make the "abrupt" turn, Thies began following it; the vehicle ultimately made a right turn before coming to a stop on a residential street. Thies and Dee observed that the vehicle stopped directly in front of a fire hydrant in a marked no parking zone, and Thies parked the transport van in the middle of the street a couple of car lengths away from the vehicle. The officers did not activate the lights or sirens on the transport van at any point and did not otherwise indicate that they were initiating a traffic stop. Thies and Dee exited the transport van; neither Thies nor Dee contacted dispatch about the stop before they exited the van. However, Thies remarked to Dee that the vehicle was parked in front of a fire hydrant, and both officers approached the vehicle, with one on each side.

Thies then made verbal contact with Saunders, the driver of the vehicle. Saunders had his driver's window lowered and was speaking on a cell phone. Thies did not immediately tell Saunders that he was parked illegally in front of a fire hydrant, instead asking Saunders if he was home. Saunders asked if there was a problem before responding that he was picking someone up from the residence he was parked in front of. Thies asked if the person he was picking up was coming out, and Saunders continued his phone call. While Thies waited as Saunders continued to talk on his phone, Thies heard a noise coming from the back of the vehicle and shined a flashlight into the backseat. Thies observed a small child in the back seat who was not in a booster seat,² as well as a closed bottle of liquor with a broken seal. When Saunders again asked Thies if there was a problem, Thies responded that Saunders was parked in front of a fire hydrant, had an open liquor bottle in the vehicle, and had a child in the back of the car who was not secured in a booster seat. Saunders told Thies that the vehicle belonged to his girlfriend, the liquor bottle was not his, and that he was dropping off the child, noting that it was an emergency. Saunders again asked Thies if there was a problem, and Thies again listed the three infractions he had observed. Thies asked Saunders for his driver's license and explained that he was "being stopped now." Saunders asked what he was being stopped for, and Thies again repeated the three infractions he had observed. Saunders replied that he was parked in front of a family member's house and stated that he already had an open case against the Des Moines Police Department for previous ill treatment that he had suffered from other officers. Thies again asked for Saunders's driver's license or identification, at which point Saunders produced his driver's license and his handgun permit. Saunders informed Thies that he had a handgun in the vehicle. Thies asked Saunders if he had been drinking, and Saunders stated that he had not.

Thies then asked Saunders to get out of the vehicle and walk to the back of the car. Thies told Saunders that he would not be placing Saunders in handcuffs and that Saunders "[wa]s not in any trouble," before stating, however, that Saunders was being detained for the three listed infractions Thies observed: a vehicle parked illegally in front of a fire hydrant, an open liquor bottle in the vehicle, and a child not in a booster seat. Thies also stated that, because Saunders had a gun in the vehicle, the officers wanted to talk to Saunders at the back of the vehicle. Thies stated that they wished to question Saunders further about whether he had been drinking out of the open liquor bottle. Saunders got out of the car, and Thies patted him down but did not handcuff him. Saunders and Thies walked to the back of the vehicle, where Dee was also standing. At roughly the same time Saunders got out of the car, the mother of the child arrived and removed the child from the car. Thies asked how old the child was, but Saunders responded that the child's age was irrelevant because Saunders had driven the child due to an emergency. Thies again asked Saunders if he had had anything to drink, and Saunders responded that if Thies wanted to test him for being under the influence, he could get testing equipment. Thies wanted to perform a field sobriety test based on Saunders's body language and his belief that Saunders's eyes showed that he was under the influence of some substance, although Dee later testified that he did not see any evidence that would indicate Saunders was impaired. Thies then returned to the transport van to run a check on Saunders's license and check for any outstanding warrants. Thies did not call dispatch at this time to report a traffic stop for any alleged violation.

When Thies returned from the van, he requested that Saunders submit to a field sobriety test; Saunders refused and stated that he would "rather blow," presumably meaning that he would rather take a preliminary breath test (PBT). Thies informed Saunders that the officers did not have a PBT machine with them but did not immediately call for dispatch to send another officer with a PBT machine. Instead, Thies inspected the interior of Saunders's vehicle for signs of marijuana or alcohol use. Thies retrieved the bottle of liquor and took note of the handgun under the driver's seat before performing a general search of the rest of the open interior and the dashboard compartments. During this time, Saunders remained behind the vehicle with Dee. Saunders requested that Dee provide the badge numbers for both officers, which Dee agreed to do. Roughly two-and-a-half minutes after Saunders requested a PBT, Thies paused his search of the car, called dispatch, and requested that a PBT unit report to the scene. This was also when Thies reported the stop to dispatch for the first time. Thies then continued the search of Saunders's vehicle, again looked at the handgun under the driver's seat, and asked dispatch to run the serial number. After searching the car for signs of marijuana or liquor use and finding none, Thies returned to the transport van and began writing a citation for carrying an open liquor bottle.

While Thies was writing the citation, Dee asked Saunders if he had anything in his mouth; Saunders responded, "[W]hy would I have anything in my mouth?" When Dee attempted to explain that he was referring to chewing gum or chewing tobacco, Saunders told Dee not to talk to him. Saunders then voiced his opinion that he had been pulled over because of his race and the officers would not have approached his car if he had been white. Saunders then told Dee for a second time not to talk to him. After four-and-a-half minutes, a third officer arrived on the scene with a PBT unit, and, after obtaining Saunders's consent, performed the test. The results indicated that Saunders was not under the influence of alcohol. Upon conclusion of the test, Saunders asked Dee why the officers had initially walked up to his car; Dee responded that they approached the vehicle because Saunders was parked in front of a fire hydrant. Saunders also questioned why the transport van was following Saunders before he stopped, and Dee offered no explanation other than that the officers were just driving the transport van. By this point, Saunders's mother and brother had arrived on the scene. Thies engaged in a discussion with Saunders's brother about the age of the child that had been in the vehicle, but ultimately stated that the age of the child was irrelevant because he had decided not to cite Saunders for failing to secure the child in a booster seat. Ultimately, Thies issued a citation to Saunders for having an open liquor bottle in the...