Weaver v. Shadoan
| Decision Date | 13 August 2003 |
| Docket Number | No. 01-5656.,01-5656. |
| Citation | 340 F.3d 398 |
| Parties | Dianna Ferguson WEAVER, individually and as Administratrix of the Estate of Stephen Lamont Weaver, Plaintiff-Appellee, v. Warren SHADOAN and Victor Owen, in their individual and official capacities as officers of the City of Oliver Springs, Tennessee Police Department, Defendants-Appellants. |
| Court | U.S. Court of Appeals — Sixth Circuit |
ARGUED: John C. Duffy, WATSON, HOLLOW & REEVES, Knoxville, Tennessee, for Appellants.
Herbert S. Moncier, LAW OFFICES OF HERBERT S. MONCIER, Knoxville, Tennessee, for Appellee.
ON BRIEF: John C. Duffy, WATSON, HOLLOW & REEVES, Knoxville, Tennessee, for Appellants.
Herbert S. Moncier, Ursula Bailey, LAW OFFICES OF HERBERT S. MONCIER, Knoxville, Tennessee, for Appellee.
Before: SILER and DAUGHTREY, Circuit Judges; ALDRICH, District Judge.*
SILER, J., delivered the opinion of the court, in which ALDRICH, D.J., joined. DAUGHTREY, J. (pp. 413-415), delivered a separate opinion concurring in part and dissenting in part.
Defendants, Officers Warren Shadoan and Victor Owen (collectively, the "Officers"), appeal the district court's denial of their motion for summary judgment based on qualified immunity on claims brought pursuant to 42 U.S.C. § 1983. Dianna Ferguson Weaver ("Plaintiff"), Administratrix of the Estate of her son, Stephen Lamont Weaver ("Weaver"), filed a civil rights action alleging that Weaver was arrested without probable cause, and that the Officers were deliberately indifferent to the serious medical needs of Weaver, who died in police custody after voluntarily ingesting a lethal dose of cocaine and then repeatedly denying his ingestion of the drugs and refusing medical treatment. The district court found that questions of material fact remained to be determined. After carefully reviewing the record, and drawing all reasonable inferences in favor of Plaintiff, we find that Weaver's Fourth and Eighth Amendment rights were not violated. Therefore, we REVERSE the ruling by the district court and REMAND for the court to grant summary judgment to the Officers in their individual capacities.
On October 18, 1997, Shadoan, an officer with over fourteen years of police experience, was on patrol in Oliver Springs, Tennessee, when he observed an unfamiliar vehicle at the residence of David Futtrell, an individual who cooperated with Shadoan during a burglary investigation at Futtrell's residence a few months earlier. Shadoan was aware that Futtrell was having trouble with some black men. Because Shadoan had just seen Futtrell at the Town and Country Market, and thus knew that Futtrell was not at home, he became suspicious of the unfamiliar vehicle. He then observed a black man walking out of the front door of Futtrell's residence and enter into the vehicle in question.
Shadoan approached the vehicle to get the license plate number, but the vehicle did not have a license plate. It did, however, have dark tinted windows with a temporary tag behind the rear window. Shadoan allegedly had difficulty reading the temporary tag because of the dark window tint. Nonetheless, Shadoan thought the temporary tag was expired, bearing the date 10-17-97. The vehicle then turned into and stopped at the Town and Country Market. Believing that the tag was expired, that the window tint was too dark, and that there may have been criminal activity at the Futtrell residence, Shadoan drove his cruiser into the Town and Country Market and turned on his blue lights behind the stopped vehicle.
Weaver exited his vehicle and met Shadoan at the rear of the car. Weaver inquired as to why he was being stopped and Shadoan indicated it was because of the car's expired tag. Weaver responded that his tag was not expired, pointing out that the alleged 7 was in fact a 9. Upon closer examination, Shadoan confirmed that the tag had not expired. Shadoan then asked why Weaver and his passenger, William Booker, were at the Futtrell residence. Weaver first stated that he had picked up Booker from nearby Oak Ridge, Tennessee, had gone to Clinton, Tennessee, and that the two were now on their way back to Oak Ridge. Shadoan pointed out, however, that the location of Futtrell's residence was inconsistent with this story. Weaver then stated that he did not know what Booker and he were doing at Futtrell's residence. During this questioning, Weaver was allegedly becoming increasingly nervous. Shadoan claims that Weaver was rubbing his hands together, clutching his arms and shuffling his feet. Weaver's behavior, in conjunction with his responses, raised suspicions for Shadoan. According to Shadoan, even though the temporary tag had not expired, he did not consider the traffic stop over. It was his view that the temporary tag was not lawfully displayed due to the dark tinted windows.
Some time during this questioning, Owen arrived on the scene.1 Weaver then left the Officers' presence and went into the Town and Country Market. During this time, Shadoan questioned Booker, who explained that the reason he was at the Futtrell residence was to collect some money from David Cooper. Cooper was known by Shadoan to be engaged in the distribution of marijuana and cocaine out of his home, which was located near the Futtrell residence. Booker also provided Shadoan with information that was not entirely consistent with that provided by Weaver. He also presented the Officers with false identification.
Coincidentally, during this questioning, Futtrell came out of the Town and Country Market. The Officers asked Futtrell what he knew regarding either Weaver or Booker. Futtrell told the Officers that neither Weaver nor Booker had any business being at his residence and that they were probably looking for the Cooper residence to sell cocaine. Futtrell's statements, in addition to Weaver's inability to explain his presence at Futtrell's residence, raised Shadoan's suspicion that Weaver was involved in drug activity.2
Approximately ten to fifteen minutes into the stop, Shadoan asked Weaver for permission to search his automobile and person.3 It appears that Weaver consented to the search. According to Shadoan, at this point, Weaver began clenching and unclenching his fists and acting very nervous.
Shadoan conducted a pat-down search of Weaver and noticed a lump in one of Weaver's pockets, which he believed to be the size of five or six rocks of crack cocaine.4 According to Shadoan, when asked about the lump, Weaver stated that it was a "wad of paper." At this point, Shadoan considered Weaver to be under arrest — although he did not state so. Shadoan then asked Weaver to empty his pockets, at which time Weaver suddenly began running from the scene. The Officers chased Weaver and, with the help of a bystander, took him into custody. The Oliver Springs Police Department radio log reflects that the traffic stop of Weaver and Booker occurred at 4:54 p.m., with the foot pursuit occurring at 4:58 p.m.
After handcuffing Weaver, the Officers then checked Weaver's pockets but found no drugs. Shadoan asked Weaver where the drugs were, but Weaver did not respond. As the Officers began walking Weaver back to the cruiser, they noticed that Weaver appeared to have something in his mouth. Neither Officer saw Weaver place anything in his mouth. Weaver then refused Shadoan's request to open his mouth. Shadoan tried to get his fingers in Weaver's mouth, while simultaneously telling him not to swallow whatever it was he had. Weaver then appeared to swallow something.
Weaver was placed in the back of Owen's cruiser. He was reported in custody at 5:10 p.m. After retracing the path of the chase, the Officers discovered a piece of cellophane wrapper, which they believed contained a residue with the appearance of crack cocaine. Later lab tests conducted by the Tennessee Bureau of Investigation did not identify the substance as crack cocaine.
Booker stayed in the car during the chase and capture. He was charged with public intoxication. Weaver was charged with evading arrest and drug possession. Both men were transported in Owen's cruiser to the Oliver Springs Police Department, where Weaver was placed in a holding cell. There is no evidence to suggest that during the approximately forty-five minutes to one hour that Weaver was at the station, the Officers noticed any change in Weaver's condition.
According to Police Chief Lowe, an agreement between the Oliver Springs Police Department and Morgan County required both men to be transported to the Morgan County Jail.5 Therefore, Weaver and Booker were again placed in Owen's cruiser for transportation to the Morgan County Jail. As Owen began pulling out of the station, Weaver asked what the Officers were going to do with the piece of cellophane that had been found at the arrest scene. Owen replied that the evidence would be sent to the lab, and that if the results came back positive, charges would likely be filed. According to Owen, "[a]t that point he immediately started shaking violently" as if he was having a "seizure," and then he became "slumped over in the seat." This testimony was later supported by Booker, who stated in his affidavit that "Lamonte [Weaver] began to get sick and was jerking in the back seat of the police cruiser." At 6:42 p.m., approximately one hour and thirty-two minutes after Weaver was in custody, Owen requested an ambulance to come to the police station to examine Weaver. While waiting for the ambulance, Shadoan checked on Weaver's condition. Although Weaver's eyes were closed and he was not responding to questions, he had a strong heartbeat and he appeared to be breathing normally.
The Emergency Medical Technicians/paramedics arrived at the Oliver Springs Police Department and examined Weaver. One paramedic had twelve years of...
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