Walton v. City of Southfield

• Decision Date: 16 October 1990
• Docket Number: No. 90-CV-70953.,90-CV-70953.
• Citation: 748 F. Supp. 1214
• Parties: Barbara WALTON, as Next Friend to Kamara Walton and Courtney Walton and Barbara Walton, individually, Plaintiffs, v. CITY OF SOUTHFIELD, a Municipal Corporation, and Officer Berberick and Officer Castleman, Jointly and Severally, Defendants.
• Court: U.S. District Court — Western District of Michigan

748 F. Supp. 1214

Barbara WALTON, as Next Friend to Kamara Walton and Courtney Walton and Barbara Walton, individually, Plaintiffs, v. CITY OF SOUTHFIELD, a Municipal Corporation, and Officer Berberick and Officer Castleman, Jointly and Severally, Defendants.

No. 90-CV-70953.

United States District Court, E.D. Michigan, S.D.

October 16, 1990.

COPYRIGHT MATERIAL OMITTED

Dolores Preston-Cooper, Detroit, Mich., for plaintiffs.

T. Joseph Seward, Livonia, Mich., for defendants.

MEMORANDUM OPINION AND ORDER

JULIAN ABELE COOK, Jr., Chief Judge.

This is a civil rights action¹ that has been brought by the Plaintiff, Barbara Walton, on her own behalf, and as the next friend of her teenage daughter, Kamara, and her minor granddaughter, Courtney, for damages that were sustained by each of them as the result of a series of alleged violations of their Constitutional rights by the City of Southfield (City) and two of its police officers, Officer Berberick² and Officer Robert Castleman.

On July 5, 1990, the Defendants filed a Motion to Dismiss and/or for Summary Judgment, pursuant to Fed.R.Civ.P. 12(b)(6) and/or 56. For reasons that have been set forth below, this Court will grant in part and deny in part the Defendants' motion.

I.

On May 17, 1990, at approximately 3:30 in the afternoon, Berberick stopped Barbara Walton, who was driving with her 15 year-old daughter, Kamara, and two year-old granddaughter, Courtney, in Southfield, Michigan. Berberick ostensibly believed that he had seen a child, who appeared to be under the age of five, sitting in the lap of a front seat passenger instead of being seated in a child restraint, as required by Michigan law.³

After stopping Walton, Berberick checked into the status of her driver's license and learned that it had been suspended in 1984. At this point, Berberick called for a police back-up and placed her under arrest for driving with a suspended license.

After the arrival of Castleman at the scene, Berberick searched and handcuffed Walton so that her arms were placed behind her back. Walton contends that at the time of her arrest, she was under the care of a medical doctor for a shoulder and arm injury — a fact about which she had made Berberick aware. On the basis of this medical condition, Berberick was asked by Walton that, if handcuffing was absolutely necessary, she be handcuffed with her hands in front but not behind her back. According to Walton, Berberick denied this request, placed his hand over a gun and said that he could "do it the easy way or the hard way."

Berberick placed Walton under arrest, parked her car in a nearby parking lot and advised Kamara to call someone to take her home. Walton claims that Berberick was made aware that Kamara did not know anyone whom she could call for immediate assistance. Berberick was also told by Walton that these two children had no way of getting home alone since they lived on the far east side of Detroit, and Kamara only had 20 cents in change. Walton asked Berberick and Castleman to take Kamara and Courtney into protective custody or, as an alternative, allow her to make other transportation arrangements for them. Her request was rejected. Berberick was asked by Walton if he would allow her to give money to Kamara from her own purse. This request was also declined.

Thereafter, Berberick put Walton in the police car and transported her to the City police station, leaving the two children alone in the parking lot, with only 20 cents in change in their collective possession. Upon her arrival at the police station, Walton noticed that her shoulder and arm were discolored and locked in position for several minutes. Berberick was shown the discoloration but did not offer any assistance. When she asked to use the lavatory, Walton was told to use the toilet in her cell which was in open view of male prisoners and officers, all of whom were laughing and staring at her.

While being held at the police station, Walton became ill, and the City Fire Department was called. After examining her, paramedics advised the police officers in attendance that Walton should be taken to a hospital immediately because her heart rate was rapid and irregular, her blood pressure had elevated and she was having difficulty in breathing.

Walton was taken to Providence Hospital where she was diagnosed as having suffered a cardiac enzyme attack. While at the hospital, Walton was able to contact someone to pick up the children. By the time that the children were found, it was approximately 9:00 p.m. — a passage of nearly six hours of being left alone in the parking lot.

II.

Defendants initially contend that the Plaintiffs have failed to state a claim against the individual officers for any violation of a right which is protected under 42 U.S.C. section 1983.

In order to establish a claim under this statute, the Plaintiffs must present evidence that (1) the Defendants were acting under the color of a municipal or state law and (2) they were deprived of a constitutional right. Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981). While acknowledging that the officers were acting as law enforcement officials for the City at the time of Walton's arrest, the Defendants argue that the second prong of the Parratt test has not been met. Specifically, they contend that Walton's allegations of (1) excessive force by them in making the arrest and (2) assault and battery, are not actionable under section 1983 because their actions were justified by the lawful arrest. The Defendants assert that this Count should be dismissed since an arrest, which is based upon probable cause, is not actionable as a Fourth Amendment violation.

In response, Walton disputes the Defendants' expressions of denial and submits that 1) the initial stop was unlawful, 2) unreasonable force was used during her arrest, 3) the abandonment of the minor Plaintiffs by the officers was intentional, and 4) her right of privacy was deliberately invaded when she was a) searched on two separate occasions, and b) denied an opportunity to use a private bathroom facility outside of the plain view of members of the opposite sex.

The basic premise of the Defendants' argument on this count is that Walton's initial stop and subsequent arrest was legal. However, this assumption, based upon an acceptance of her version of the incident as being correct for the purpose of this motion, is clearly wrong.

Walton was initially stopped for an alleged violation of a Michigan law which was designed, in part, to provide additional safety to minor passengers in motor vehicles.⁴ An examination of the language of the Michigan Child Restraint law reveals that its enforcement can only take place following the occurrence of a "primary action," such as a stop for a moving traffic violation.

The purpose of section 257.710d is to describe the type of child restraint system that is to be used for different ages of children. It is section 257.710e that governs the enforcement of section 257.710d.

Section 257.710e(3) specifically sets forth how a child must be restrained and incorporates section 257.710d by reference. Section 257.710e(4), which applies to the entire section, governs the enforcement of this law, and specifically states that enforcement can only occur as a "secondary action".

There is no dispute that Berberick effectuated the traffic stop to cite Walton for an ostensible violation of this statute. That was his primary purpose in stopping her automobile. Walton's arrest was a secondary action, as the result of Berberick's discovery that her license had been suspended.⁵

Since section 257.710e makes it clear that violations of the seat belt law are only secondary actions, the facts, when viewed in a light most favorable to the Plaintiffs, clearly suggest that Walton was unlawfully stopped by Berberick. Consequently, any subsequent action by the officers, including the arrest, searches, handcuffing and transporting of Walton to the police station, was without legal justification. Therefore, Barbara Walton has stated a cause of action for an unlawful stop, excessive force, and invasion of privacy under 42 U.S.C. section 1983.

With regard to the claims of the minor children for abandonment, the Defendants rely upon De Shaney v. Winnebago County Department of Social Services, 489 U.S. 189, 109 S.Ct. 998, 103 L.Ed.2d 249 (1989) for their premise that they had no constitutional duty to provide for the safety and well-being of the Walton children.

In De Shaney, the guardians of a four year-old child sued the Department of Social Services (DSS) for its alleged failure to protect the youngster from the beatings that his father had inflicted upon him which, in turn, ultimately resulted in irreversible brain damage. They maintained that the DSS, despite having been informed of the father's savagery over a 26 month period, had failed to act in a responsive manner.

The Supreme Court rejected their claim, holding that there had been no constitutional violation because the abuse occurred at the hands of a private party — not as the result of an action or inaction by a governmental entity or official. However, the Court also indicated that when the state acts affirmatively to limit a person's ability to protect himself or herself, such as incarceration or institutionalization, it owes a duty of care to that individual. Id. 109 S.Ct. at 1006.

In Wood v. Ostrander, 879 F.2d 583 (9th Cir.1989), police arrested the driver of a car, impounded the vehicle, and took the car keys with them. The police left Wood, a female passenger, in the car which had been left in a high-crime area during the early morning hours. She was subsequently raped by a man who had offered her a ride home.

The district court granted summary judgment to the defendant, after concluding that the officer's actions were protected by good faith qualified immunity, and he owed no affirmative constitutional duty of protection to the...