Timberlake By Timberlake v. Benton

Decision Date29 January 1992
Docket NumberNo. 3:89-1003.,3:89-1003.
PartiesBarbara TIMBERLAKE, a minor, by mother and father, Maggie and Thomas TIMBERLAKE, as next friends, v. David BENTON and Joan Richardson Gregory, Individually, and in their official capacities as Police Officers for the City of Springfield, the City of Springfield, Stanley Henderson, Individually, and in his official capacity as an Officer of the Robertson County Sheriff's Department and Jack Uffelman, Individually, and in his official capacity as Director of the Drug Task Force for the 19th Judicial District.
CourtU.S. District Court — Middle District of Tennessee

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Kevin Gene Steiling, William Leonard Underhill, Underhill & Steiling, Madison, Tenn., for plaintiff.

Darrell Gene Townsend, Howell, Fisher & Branham, Nashville, Tenn., for defendants Benton, Gregory & City of Springfield.

Michael Ernest Evans, Manier, Herod, Hollabaugh & Smith, Nashville, Tenn., for defendant Henderson.

Daniel Lynch Nolan, Jr., Landon W. Meadow, Daniel, Harvill, Batson & Nolan, Clarksville, Tenn., for defendant Uffelman.

MEMORANDUM

JOHN T. NIXON, Chief Judge.

Plaintiff, a 17 year old female, brought this action under 42 U.S.C. § 1983 alleging a violation of her constitutional rights when the vehicle in which she was riding was stopped by officers of the 19th Judicial District Drug Task Force and she was strip searched in the back seat of a patrol car at the scene. Pending before this Court are motions for summary judgment filed by the Defendants.

Defendant Jack Uffelman, sued in his official capacity as the director of the 19th Judicial District Drug Task Force, seeks summary judgment on the ground that the Task Force is not a "person" under 42 U.S.C. § 1983 and therefore is not amenable to suit in this action. Officers David Benton, Joan Gregory, and Jack Uffelman in their individual capacities seek summary judgment on the basis of qualified immunity. The City of Springfield seeks summary judgment on the grounds that no policy or custom of the city permitted illegal searches, that the city provided adequate training to its officers, and that punitive damages may not be assessed against the city. Plaintiff has also asserted pendent state law claims which Defendants seek to have dismissed as within the exclusive jurisdiction of the state courts.

BACKGROUND

This lawsuit arises out of an incident occurring in the early morning hours of June 3, 1989. At that time, Polly Stewart and her younger sister Barbara Timberlake, then 17 years old, were driving from Nashville to Springfield, Tennessee in a pinkish-red Nissan truck when they were stopped by Officer Benton of the 19th Judicial District Drug Task Force. The truck in which they were driving was thoroughly searched by several officers while a female officer, Joan Gregory, conducted a strip search of Ms. Stewart and Ms. Timberlake in the back seat of a patrol car alongside the highway. No drugs were found, although Timberlake turned over a pistol. Stewart was issued a citation and the two were permitted to leave.

The search and seizure came about as a result of Officer Benton's suspicion that the two were transporting illegal drugs. One or two days prior to the incident, Benton had received information from a confidential informant that a Mr. Willie Gene Ogburn was using the same pinkish-red Nissan truck to transport drugs between Springfield and Nashville in the early hours of the morning and on Sundays. The informant also indicated that Mr. Ogburn was short on cocaine and that he would soon be making a run to Nashville to pick up a new supply. This was the extent of the informant's information. No further details were provided and no information implicated Stewart or Timberlake in the trafficking of drugs. From Task Force undercover operations, Mr. Ogburn was known to be dealing in drugs and Officer Benton considered the informant to be reliable because information he had provided in the past had proven to be accurate. It was known to Officer Benton that Ms. Stewart was Mr. Ogburn's girlfriend.

At approximately 2:00 a.m. on June 3, 1989, Officer Benton observed the suspected truck as it left Springfield and headed toward Nashville. Because of the truck's tinted glass, he was unable to identify the occupants of the vehicle. The truck exited the Interstate and headed generally toward the Settle Court area of Nashville, an area known for its drug problem. Benton broke off his surveillance of the truck and returned to the Springfield area to await the truck's return. While he had the truck under observation, he did not see it stop nor did he see anyone leave or approach the vehicle.

Sometime later, Benton observed the truck returning to Springfield and he began to follow it. Shortly thereafter, Officer Benton turned on his blue lights and stopped the truck. Benton approached the vehicle with his gun drawn. After ascertaining Stewart's identity and informing her of his suspicions, he ordered the women out of the truck. Stewart explained that they had been visiting friends in Nashville and denied that they were transporting drugs. She refused to consent to a search and Benton was asked if he had a search warrant. He replied that he did not need a warrant because he had reason to believe the truck was being used to transport drugs. Benton reholstered his gun and radioed for assistance. A short time later, Officer Gregory and others arrived on the scene and the search commenced.

Both Stewart and Timberlake were wearing T-shirts and "short shorts" which apparently left little room for concealing dangerous weapons. Nevertheless, Stewart had brought a pistol with her in the truck that evening and when Benton stopped them, Timberlake attempted to hide the gun in her shorts. Benton claims he observed Timberlake walking stiff-legged with a suspicious bulge in her shorts. Surprisingly, however, neither Stewart nor Timberlake were frisked at any time, nor was Timberlake ever asked about the bulge. Oddly enough, despite his alleged suspicions about Timberlake, Benton ordered Stewart searched first.

In accordance with instructions given by Gregory, Stewart sat in the back seat of the patrol car and removed her clothes while Gregory stood in the open doorway of the car with a flashlight in her hand and the dome light of the car on. After removing all of her clothes, Stewart was ordered onto her hands and knees in the back seat with her posterior facing the open doorway and the highway. With rubber gloves, Gregory inspected Stewart's anal and genital areas by spreading Stewart's buttocks. Gregory went through the clothing and shoes as well, but no drugs or weapons were found. Benton then sent Timberlake to be searched. Before she removed her clothes, she handed a pistol to Gregory and said, "you're going to find it anyway." The strip search was then completed in the same manner as before. As with Stewart, no drugs or other weapons were found. During the search, cars would pass within six to ten feet from the open door, and it is alleged by Plaintiff that others at the scene could see into the car while the search was conducted. According to Plaintiff, she was detained for nearly three hours. At no time were the women placed under arrest or informed of their rights. Stewart claims that Officer Benton threatened her with future strip searches unless she provided him with information about Ogburn.

DISCUSSION

The Court notes at the outset that pending are Defendants' motions for summary judgment. The Court is here asked to determine if Defendants are entitled to judgment as a matter of law. The moving party has the burden of showing clearly and convincingly the absence of any genuine issues of material fact. Sims v. Memphis Processors, Inc., 926 F.2d 524, 526 (6th Cir.1991). "Summary judgment will not lie if the dispute ... is such that a reasonable jury could return a verdict for the nonmoving party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). It is likewise true that "in ruling on a motion for summary judgment, the court must construe the evidence in its most favorable light in favor of the party opposing the motion and against the movant. Further, the papers supporting the movant are closely scrutinized, whereas the opponent's are indulgently treated." Bohn Aluminum & Brass Corp. v. Storm King Corp., 303 F.2d 425, 427 (6th Cir.1962). See also Duchon v. Cajon Company, 791 F.2d 43, 46 (6th Cir.1986). With this standard in mind, the legality of the events taking place on June 3, 1989, as described by the parties, will be addressed.

I. Liability of Defendant Uffelman in his Official Capacity.

Plaintiff has named as a defendant, Jack Uffelman, in his official capacity as director of the 19th Judicial District Drug Task Force. Suits brought against persons in their official capacity are taken to be suits against the entity for which the named official is an agent. Hafer v. Melo, ___ U.S. ___, ___, 112 S.Ct. 358, 362, 116 L.Ed.2d 301 (1991); Monell v. Department of Social Services, 436 U.S. 658, 690 n. 55, 98 S.Ct. 2018, 2035 n. 55, 56 L.Ed.2d 611 (1978). Defendant Uffelman argues that he is not amenable to suit in his official capacity since the Task Force is not a person subject to suit under 42 U.S.C. § 1983.

The Supreme Court in Monell held that municipalities and other local government units are included among those persons to whom § 1983 applies. 436 U.S. at 690, 98 S.Ct. at 2035. However, the precise scope of the term "local government unit" is problematic. Is a drug task force, comprised of police officers from several counties and cities, which has a board of directors, its own budget and source of funding, its own policies, administration, and legal counsel, a "person" for purposes of § 1983? Plaintiff argues that it is a distinct entity and therefore open to suit. Defendant asserts...

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