Shannon v. Koehler
Citation | 673 F.Supp.2d 758 |
Decision Date | 04 December 2009 |
Docket Number | No. C08-4059-MWB.,C08-4059-MWB. |
Parties | Timothy Clair SHANNON, Plaintiff, v. Officer Michael KOEHLER, in his individual and official capacities, City of Sioux City, and Joseph C. Frisbie, in his individual and official capacities, Defendants. |
Court | U.S. District Court — Northern District of Iowa |
Jason B. Gann, Berenstein, Moore, Berenstein, Heffernan & Moeller, LLP, Sioux City, IA, for Plaintiff.
Deena Ann Townley, Jeff W. Wright, Heidman Redmond Fredregill Patterson Plaza Dykstra & Prahl, Sioux City, IA, for Defendants.
The following is a brief description of the events involved in this controversy, which includes facts that are both undisputed and disputed: Police officer Michael Koehler, a defendant in this case, responds to a call for a disturbance between two females, at a bar, involving an injured person. Once Koehler arrives on the scene, he is greeted at the front door by a woman, Jill Murad, who allegedly states that one of the females inside had been "touched or grabbed by the male who was in the bar." Koehler and Murad walk to the middle of the establishment. The plaintiff, Timothy Shannon, is behind the bar. Shannon walks out from behind the bar, toward Koehler, and strongly states to Koehler, using profanity, that he owns the bar, does not need Koehler, and orders him to get out of the bar. Shannon eventually comes within arms length of Koehler. Koehler alleges that Shannon pokes him, once, in the chest. Shannon denies this. Koehler uses both his hands to holster his flashlight on a ring in the back of his belt. As he is doing this, Shannon allegedly pokes Koehler a second time, which Shannon denies, and Koehler performs a takedown, which causes Shannon to hit a bar stool and land on the hardwood floor. Once Shannon is on the ground, Koehler places a handcuff on one of Shannon's arms and, after using additional force, secures a second arm in the other handcuff. Koehler claims that the additional force was necessary because Shannon had tucked his arm under his body. Shannon denies being uncooperative and alleges that he was injured during his arrest.
Shannon has filed a lawsuit with this court, as a result of these events. In Count 1 of Shannon's lawsuit, he alleges that Koehler used excessive force in arresting him, in violation of the Fourth Amendment of the United States Constitution—Shannon brings a cause of action for this alleged violation under 42 U.S.C. § 1983. Shannon claims that Defendants City of Sioux City ("City") and Sioux City's Chief of Police at the time, Joseph Frisbie, are liable under § 1983 because they allegedly established, authorized, or tolerated policies and practices that were intended to and did encourage, endorse, and permit their agents and employees to violate Shannon's, and other similarly situated individuals', constitutional rights. In Count 2, Shannon alleges that all defendants, directly or through respondeat superior liability, committed assault and battery. This case is now before the court on the defendants' motion for summary judgment.
The court will not attempt, here, an exhaustive dissertation on the undisputed and disputed facts in this case. Rather, the court will set forth sufficient facts, both undisputed and disputed, to put the parties' arguments in context concerning the defendants' motion for summary judgment. Unless otherwise indicated, the facts recited here are undisputed, at least for purposes of summary judgment. Additional factual allegations and the extent to which they are or are not disputed or material will be discussed, if necessary, in the court's legal analysis.
This case arises from an incident that occurred on September 13, 2006, at Tom Foolery's Pub and Grill ("Tom Foolery's") in Sioux City, Iowa. On September 12th, and the early morning of September 13th, Plaintiff Timothy Shannon had had several alcoholic drinks and believed himself to be intoxicated to the point where he could and should not drive a vehicle. At approximately 1:16 a.m., on the morning of September 13th, Christina Navrkal and Jill Murad visited Shannon at Tom Foolery's. Murad had called Navrkal to transport her to Tom Foolery's because Stacy, Murad's sister, had informed Murad that Shannon had had too much to drink and needed help getting home—Murad needed Navrkal to drive her because Murad did not have a license. Navrkal, however, also knew Shannon because she had worked with him at the now defunct Steak Block restaurant in Sergeant Bluff, Iowa. When Murad and Navrkal arrived at Tom Foolery's, they were intoxicated.
The defendants claim that, once Navrkal and Murad arrived at Tom Foolery's, the two women entered into an altercation with Shannon. In fact, the defendants claim that Shannon punched the left side of Navrkal's face with a close fisted right punch. Navrkal grabbed the side of her face with her hand. Murad then shoved Shannon with both hands causing him to fall backward and onto the floor. After Murad shoved Shannon, she turned around, grabbed her beer, and walked to the front of the bar, near the door, with Navrkal. Navrkal continued to hold her face. Shannon remained on the floor, behind the bar, until a male bartender picked up the liquor bottles that Shannon knocked over in his fall and assisted Shannon to his feet. Murad continued yelling at both the male bartender and Shannon while Navrkal continued to walk around with her hand to her face. The male bartender left the bar at approximately 1:30 a.m.
At approximately 1:40 a.m., Murad called 911 because she became concerned for Shannon's well-being based on the head injury he received from the fall. Murad advised the dispatcher that Shannon's head was bleeding. This first 911 call ended, and Murad called 911 a second time and stated there had been an argument and to please send an ambulance.
At approximately 1:46 a.m., Sioux City Police officers were dispatched to Tom Foolery's. Two dispatches went out. The first was for a medical call requesting an ambulance. The second...
To continue reading
Request your trial-
Shannon v. Koehler
...had tucked his arm under his body. Shannon denies being uncooperative and alleges that he was injured during his arrest. 673 F.Supp.2d 758, 761-62 (N.D.Iowa 2009). In August 2008, Shannon filed suit in federal court. Count 1 of Shannon's complaint contains two categories of claims arising u......
-
Bickers v. Saavedra
...separation requirements, which should at least somewhat mitigate concerns over potential secondary effects. Cf. Annex Books , 673 F. Supp. 2d at 758 ("Considering the significant harm to Plaintiffs' free speech rights if the injunction is not issued, we find that the narrow segment of decre......
-
Parent v. Kan. City Pub. Sch.
...record, [this Court] will be better positioned to decide the question of qualified immunity as a matter of law." Shannon v. Koehler , 673 F.Supp.2d 758 (8th Cir. 2009) (citing Littrell , 388 F.3d at 584–85 ("The law of our circuit is clear. The issue of qualified immunity is a question of l......
-
Bd. of Water Works Trs. of Des Moines v. Sac Cnty. Bd. of Supervisors of Drainage Districts 32, 42, 65, 79, 81, 83, 86, & Calhoun Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors of Drainage Districts 2 & 51 & Buena Vista Cnty. Bd. of Supervisors & Sac Cnty. Bd. of Supervisors of Drainage Districts 19 & 26 & Drainage Districts 64 & 105
...claims); see also Kuiper v. Givaudan, Inc., 602 F.Supp.2d 1036, 1055 (N.D. Iowa 2009) (reciting the above standards).Shannon v. Koehler, 673 F. Supp. 2d 758 (N.D. Iowa 2009). DMWW argues that staying all district court proceedings will be prejudicial to it and the remedy to this prejudice i......
-
Rethinking Police Expertise.
...(313.) E.g., Jones v. Allen, No. PX-15-1173, 2016 WL 9443772, at *5 (D. Md. Oct. 24, 2016) (expert testimony); Shannon v. Koehler, 673 F. Supp. 2d 758, 764-65 (N.D. Iowa 2009) (manuals); Baker v. Chaplin, 497 N.W.2d 314, 318 (Minn. Ct. App. 1993) (policy (314.) Nance v. Sammis, No. 3:07-^-0......