Slusarchuk v. Hoff
| Decision Date | 31 October 2002 |
| Docket Number | No. CIV.01-1406(MJD/JGL).,No. CIV.01-1405(MJD/JGL).,CIV.01-1405(MJD/JGL).,CIV.01-1406(MJD/JGL). |
| Parties | Michael SLUSARCHUK, Plaintiff, v. John HOFF, individually and in his official capacity as Minneapolis Police Officer, Lance Faust, individually and in his official capacity as Minneapolis Police Officer, and the City of Minneapolis, Defendants, and Elaine Stebleton, individually and as trustee on behalf of the heirs and next of kin of Jennifer Stebleton, deceased, Plaintiff, v. John Hoff, individually and in his official capacity as Minneapolis Police Officer, Lance Faust, individually and in his official capacity as Minneapolis Police Officer, and the City of Minneapolis, Defendants. |
| Court | U.S. District Court — District of Minnesota |
Christopher W Fowlkes, Bowman & Brooke, Minneapolis, MN, David E. Wandling, Wandling Law Group, St. Louis Park, MN, for plaintiff.
Peter William Ginder, Minneapolis City Atty, Minneapolis, MN, for defendants.
This matter is before the Court on Defendants' Motion for Summary Judgment. For the reasons that follow, the Court grants in part and denies in part Defendants' motion.
At approximately 11:30 p.m. on August 22, 2000, Minneapolis Police Officers John Hoff ("Hoff") and Lance Faust ("Faust") of the Third Precinct were on patrol in a marked squad car. Hoff was driving, and the officers were traveling east on 44th Street South in a residential area of Minneapolis. As they approached 4th Avenue South, the officers observed a black Mitsubishi stopped legally on 4th Avenue, facing south. Officer Hoff stopped at the four-way stop sign at the intersection of 44th Street and 4th Avenue. The Mitsubishi did not move for several seconds. The officers turned north onto 4th Avenue and drove past the Mitsubishi. Hoff shined the squad car's alley light into the Mitsubishi to observe the driver. As to what he observed, Hoff testified as follows:
Q And did you see if there was anyone in the car?
A Yes, I did.
Q Was there one person?
A It was a black male sitting — sitting in the driver's seat.
Q Did you recognize that person?
A I didn't, no.
Q Did Officer Faust indicate to you he recognized that person?
A Officer Faust said that he thought it was Rico Howard.
(See Ginder Aff., Ex. C, State of Minnesota v. Rico Patrick Howard, Hennepin County Ct. Dist. File No. 00080738, Tr. of Officer Hoff at Rasmussen Hr'g., 10-11.)
Officers Hoff and Faust assert that they then discussed an outstanding probable cause pickup ("PC pickup") on an individual named "Howard." Hoff testified:
As I turned, I shined the light on him. Turned slowly, as I proceeded slowly with the light, Officer Faust said that he believed that was Rico Howard. And then I said to him, I said, "Officer Faust isn't there a pick-up on a Howard, a PC pickup?" Which we — it's a PC at roll call. And we believed that, yeah, it was the Rico Howard.
(Id. at 11.) Rico Howard is a 46-year old black male. Faust claims that he recognized Rico Howard from previous police dealings. Faust also believed that the "Howard" pickup was from earlier that day. (See Ginder Aff., Ex. C, State of Minnesota v. Rico Patrick Howard, Hennepin County Ct. Dist. File No. 00080738, Tr. of Officer Faust at Rasmussen Hr'g., 41, 56.) Nevertheless, the police officers agree that they did not recall any details about the pickup. Faust states:
Q And at that time you just remembered the name Howard?
A Just remembered the name Howard. I remembered there was a Howard on a pickup at roll call.
(Id. at 40.) Hoff states, "I just remembered the last name Howard." (Hoff Test. at 34.)
It is undisputed that there was no PC pickup issued the morning of August 22, 2000. In fact, there was no PC pickup issued on a "Howard" in the month of August. Rather, a PC pickup had been issued on July 25, 2000, on a LeRon Lee Howard. That PC pickup included two large photographs of LeRon Lee Howard and identified him as a 26-year old black male residing at 818 Washburn Avenue North, well outside Officer Faust's and Officer Hoff's precinct. It is also undisputed that neither officer attempted to verify any pickup.
Faust testifies further:
Q And then at some point, did you and Officer Hoff made (sic) a determination to make an investigatory stop of the defendant?
A We didn't verbally, but we kinda — when we discussed, after passing him on 4th Avenue there, just kinda after working with him for awhile we kinda knew we were going to stop him.
Q And what were the reasons you were going to stop him? What was the basis for the stop?
A Well, it was kinda suspicious behavior that he's sitting at a stop sign.
. . . . .
(Faust Test. at 44-45). Officer Faust offers various reasons for suspicion, ranging from possible intoxication or medical problems to the fact that Rico Howard did not look at the officers when they passed and shined the alley light at him. (Id.)
Officer Hoff, recalling the decision to stop Rico Howard differently, offers yet another reason for the stop, asserting that this was when he verbally told Officer Faust that he was going to pull over Rico Howard:
Q As you went northbound on 4th Avenue, did you see what, if anything, the defendant did in his vehicle?
A I just watched him in my rearview mirror as Officer Faust and I talked about who it was. And then we decided — he made a left-hand turn from 4th Avenue onto 44th Street to go east and he didn't signal, he just turned. I told Officer Faust, you know, I'm going to go pull this guy over.
(Hoff. Test. at 14). Nevertheless, neither police report indicates that Rico Howard failed to signal a left turn and that this was the basis for the stop. Moreover, Faust denied any verbalization of an agreement to stop Rico Howard: (Faust Test. at 58.)
Notwithstanding the officers' testimony, the only basis articulated in both police reports for stopping Rico Howard was that the officers recalled a PC Pickup on "a Howard." In fact, Hoff noted with surprising specificity in his report, which nearly mirrors Faust's, that they were aware of a PC Pickup on a Howard for "Aggravated Assault."
Nevertheless, the officers did not turn around or otherwise attempt to stop Rico Howard at that time. Rico Howard had turned left and was traveling eastbound on 44th Street. The officers continued traveling northbound on 4th Avenue, away from Rico Howard's vehicle, allowing Rico Howard to drive out of sight. The officers then turned right to travel eastbound on 44th Street. Officer Hoff claims that he intended to circle around the block to follow Rico Howard. However, Rico Howard, as if by chance, turned left to travel northbound on 5th Avenue and met the officers again at the intersection of 43rd Street and 5th Avenue. Rico Howard stopped at the intersection and then proceeded through the stop sign. The officers then turned left onto 5th Avenue to travel northbound behind Rico Howard. About mid-block between 43rd Street and 42nd Street, the officers activated their emergency lights and Officer Faust radioed police dispatch of the traffic stop. Rico Howard pulled over to the curb and slowed down but did not stop his car.
Rico Howard then went through the stop sign at 42nd Street and 5th Avenue, and turned left, westbound, onto 42nd Street. The officers followed, activating their siren. Rico Howard continued westbound, and went through a four-way stop at 42nd Street and 4th Avenue. At this point, the parties were traveling at low rates of speed at or below the speed limit. Officer Hoff estimated the speed at 10 to 20 miles per hour. Rico Howard again appeared to pull over to the curb, but continued driving. Rico Howard went through the next four-way stop at 42nd Street and 3rd Avenue without stopping, and turned left onto 3rd Avenue. The chase continued along 3rd Avenue. The officers contend that they were traveling three-fourths of a block behind Rico Howard at a rate of 15 to 20 miles per hour. The officers contend that within the 4400 block of 3rd Avenue, Rico Howard began to gain speed and pull away from their vehicle. However, a resident living at 44th Street and 3rd Avenue who had been sitting outside on his porch during the chase and saw the vehicles approaching from 43rd Street indicated that the speed of the two vehicles appeared constant, the vehicles were traveling an estimated 50 to 60 miles per hour, and the police vehicle was approximately 20 feet behind Rico Howard's vehicle. (Wandling Aff., Tulua Nuuvali Aff. ¶¶ 1-6.)
The officers continued to chase Rico Howard toward the intersection of 3rd Avenue and 46th Street in the residential neighborhood. Meanwhile, Jennifer Stebleton and Michael Slusarchuk, traveling eastbound on 46th Street in their vehicle, drove into the path of the high-speed chase. Stebleton, who was driving, had the right of way. Rico Howard, however, drove through the stop sign at the intersection and struck Stebleton's vehicle.
Stebleton was killed instantly by the impact. She was pronounced dead at the crash site. Slusarchuk, as passenger, was trapped and paralyzed, suffering multiple internal and external injuries. Specifically, Slusarchuk suffered a mitral valve injury, a spinal cord injury, and multiple fractures of his right arm. (See Wandling Aff., Ex. G, Hennepin County Medical Center, Operation Report, August 23, 2000.) Slusarchuk underwent C6-C7 cervical discectomy and fusion. (See Wandling Aff., Ex. H, Hennepin County Medical Center, Operation Report, August 26, 2000.) After the collision, Slusarchuk was in critical condition and comatose for weeks. He nearly died on several occasions, and endured numerous surgeries to repair his spine, heart, and broken bones. As a result of the collision, Slusarchuk is quadriplegic and will require the use of a wheelchair for the remainder of his life.
Sergeant John Dennig...
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Slusarchuk v. Hoff
...the officers' motion for summary judgment on the substantive due process claims and the related conspiracy claims. Slusarchuk v. Hoff, 228 F.Supp.2d 1007, 1018 (D.Minn.2002). Officers Hoff and Faust appeal, arguing they are entitled to qualified immunity. We have jurisdiction over an interl......