Tanner v. Heise
| Citation | 879 F.2d 572 |
| Decision Date | 27 June 1989 |
| Docket Number | No. 87-4392,87-4392 |
| Parties | Steve TANNER, Plaintiff-Appellant, v. Debra A. HEISE, individually and as Magistrate Judge, 1st Judicial District; Peter B. Wilson, Prosecutor for City of Bonners Ferry; Garth Tenney, individually and as a Deputy of the Boundary County Sheriff's Department; David Kramer; Harry Shearer, individually and as an employee of the Boundary County Sheriff's Department; Ron Navarro, individually and as an employee of the Boundary County Sheriff's Department; Jake Nagley, individually and as a Bonners Ferry City Police Officer; Don Hamilton, individually and as the Chief of Police for the City of Bonners Ferry, et al., Defendants-Appellees. |
| Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
Steve Tanner, Bonners Ferry, Idaho, pro se.
Scott W. Reed, Coeur d'Alene, Idaho, for city defendants-appellees.
Michael Branstetter, Wallace, Idaho, for county defendants-appellees.
Appeal from the United States District Court for the District of Idaho.
Before PREGERSON, BOOCHEVER and NOONAN, Circuit Judges.
Appellant Steve Tanner brought a section 1983 1 civil rights action against various law enforcement officials from the City of Bonners Ferry and Boundary County in Idaho. Tanner also named as defendants First Judicial District Magistrate Debra Heise, Bonners Ferry City Prosecutor Peter Wilson, the City of Bonners Ferry, Boundary County, and the "First Judicial District." Tanner's action was based on alleged wrongs stemming from his arrest and incarceration for driving without a valid Idaho drivers license, and from a subsequent arrest for failure to comply with the terms of his conviction on the drivers license charge. Tanner alleged that the actions defendants, appellees here, undertook in enforcing Idaho's drivers license law violated his First Amendment right of religious freedom and other constitutional rights. At the heart of Tanner's complaint was his claim that law enforcement officers of Bonner's Ferry and Boundary County violated Tanner's First Amendment rights by arresting him in order to punish or deter Tanner's public profession of an unorthodox religious belief. Tanner's complaint sought damages under 42 U.S.C. Sec. 1983, as well as declaratory and injunctive relief.
Appellees moved to dismiss the complaint. After conducting a hearing, the district court dismissed the action on November 4, 1987. Tanner v. Heise, 672 F.Supp. 1356 (D.Idaho 1987). Tanner brought this appeal, which is timely.
Tanner adheres to a religious doctrine that rejects all secular legal authority. Tanner considers himself to be bound only to follow the law of his God. Consequently, Tanner did not carry with him a valid Idaho drivers license when he operated his automobile. In Tanner's view, carrying a drivers license issued by the state of Idaho would violate his religious beliefs.
On February 21, 1986, appellees Jake Nagley and David Kramer, police officers of the City of Bonners Ferry, stopped Tanner because he was driving with a burned-out tail light. When Nagley and Kramer requested that Tanner show them his drivers license, Tanner informed them that as an ambassador of the Kingdom of God he was exempt from the requirements of Idaho's motor vehicle regulations. The officers gave Tanner a ticket for operating a vehicle without a drivers license, and told him that he could be arrested if he continued to drive without a license.
Tanner drove to an auto parts store, where he repaired his tail light. When he left the store, he was stopped by appellee Garth Tenney, a deputy for the Boundary County Sheriff's Department. Appellees Kramer and Nagley arrived at the scene shortly thereafter. Tenney arrested Tanner for operating a motor vehicle without a drivers license. Tanner was handcuffed and taken to the Boundary County Jail at 6:49 p.m. Over his protest that his status as God's ambassador gave him the right to decline to be photographed or fingerprinted, Tanner's photograph and fingerprints were taken by appellee Harry Shearer, Boundary County's jailer. Tanner was released from the County Jail sometime between 7:00 and 8:00 p.m.
The case based on Tanner's first ticket, issued by officers Nagley and Kramer, was designated M-8661. The case based on Tanner's second ticket, issued by deputy sheriff Tenney, was designated M-8662. The two cases were consolidated and trial was scheduled for May 22, 1986, before appellee Debra Heise, a magistrate for the First Judicial District for the state of Idaho in and for Boundary County.
On May 22, 1986, Magistrate Heise signed an order dismissing cases M-8661 and M-8662 due to the failure of a witness to appear. The caption of this order was subsequently altered to delete case M-8661 from the order; the altered order, which dismissed only M-8662, became part of the certified record when it was affixed with the stamp of the clerk of the district court of Boundary County on September 26, 1986.
On May 22, 1986, jury trial was held on the remaining charge, M-8661. Tanner was found guilty and was sentenced to pay a fine of $300.00 and costs in the amount of $15.50. The judgment provided that the fine and costs would be suspended if Tanner obtained a valid drivers license within one week of the judgment, and filed proof thereof with the court.
On June 7, 1986, appellee Peter Wilson, city prosecutor for Bonners Ferry, filed a motion and affidavit for an order to show cause compelling Tanner to respond to the city's contention that he had failed to comply with the order and judgment of conviction in case M-8661. On June 26, 1986, Magistrate Heise issued an order to show cause directing Tanner to appear on July 8 and answer the city's contention. Tanner filed a notice of appeal of his state court conviction on July 1, 1986. On July 29, 1986, appellee Ronald Smith, the deputy sheriff assigned to serve the show cause order on Tanner, filed a "Sheriff's Affidavit on Return of Service," on which he stated that he had been unable to find or effect service on Tanner.
On July 17, 1986, Magistrate Heise issued a bench warrant for Tanner's arrest, based on his failure to comply with the terms of the order and judgment of conviction. Tanner was arrested pursuant to this warrant by officer Kramer and appellee Ron Navarro, a Boundary County jailer, on July 27, 1986. After posting $350.00 bail, Tanner was released later that day.
In his state court appeal of his conviction in case M-8661, Tanner argued that the conviction should be reversed because Magistrate Heise had dismissed both M-8661 and M-8662 on May 22, 1986. The court rejected this argument, concluding from the transcript of the May 22, 1986 hearing that Tanner had understood that Magistrate Heise had only dismissed case M-8662. The court acknowledged the error in the original written order dismissing the cases, but deemed it "a minor technicality [which] is not grounds for vacating the Judgment entered in this case...." Memorandum Decision on Appeal, at 2. The court stated: "There is no evidence in the record that the Defendant was confused or prejudiced by the procedure, and, in fact, the Defendant thoroughly participated in the jury trial, making no objections to the Magistrate that he felt the instant case [M-8661] had been dismissed." Id.
Tanner filed the present action in the United States District Court for the District of Idaho, seeking damages under 42 U.S.C. Sec. 1983 from the various city and county officers who were involved in the arrest incidents of February and July of 1986. Tanner alleged violations of his rights under the First, Fourth, Fifth, Ninth, and Fourteenth Amendments. Tanner also sought damages from appellees Heise and Wilson for their roles in the issuance of the bench warrant resulting in Tanner's July 27, 1986 arrest. In addition, Tanner named as defendants Ron Smith, Sheriff of Boundary County; Don Hamilton, Chief of Police for the City of Bonners Ferry; the "First Judicial District;" the City of Bonners Ferry; and Boundary County, alleging their formation of a policy and practice which allegedly violated Title 49 of the Idaho Code as it relates to arresting individuals for traffic violations. Last, Tanner sought injunctive relief restricting his arrests for traffic violations, and declaratory relief in the form of an affirmation of appellees' duty to recognize and secure Tanner's freedom of religious belief and practice.
Appellees moved to dismiss the action pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. On November 4, 1987, the district court granted appellees' motions and dismissed the action. The court held, first, that Magistrate Heise was immune from a suit for damages under the doctrine of judicial immunity. 672 F.Supp. at 1358-59. Likewise, the doctrine of prosecutorial immunity rendered appellee Wilson immune from suit. Id. Second, the court concluded that the various city and county officers involved in Tanner's arrests and detention did not violate any of Tanner's constitutional rights. Id. at 1359-60 & n. 1. Third, the court held that the city and county were not subject to liability under Monell v. Department of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), because Tanner had failed to provide evidence of a municipal "policy" depriving him of his constititional rights. Last, the court denied Tanner's request for declaratory and injunctive relief, holding that the State's important interest in maintaining public safety justified its enforcement of traffic regulations that interfered with Tanner's religious practices. 672 F.Supp. at 1360-61.
For the reasons discussed below, we affirm in part, reverse in part, and remand.
This court reviews de novo the granting of a Rule 12(b)(6) motion to dismiss for failure to state a claim upon which relief can be granted. Fort Vancouver Plywood Co. v. United States...
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