Wilson v. Lamp
| Citation | 142 F.Supp.3d 793 |
| Decision Date | 03 November 2015 |
| Docket Number | No. C 15–4070–MWB,C 15–4070–MWB |
| Parties | Levi Wilson, individually, and M.W., By and through his next friend Levi Wilson, Plaintiffs, v. Scott Lamp, in his individual and official capacity, State of Iowa, Jessica Dorhout–Van Engen, in her individual and official capacity, and John Doe, in his individual and official capacity, Defendants. |
| Court | U.S. District Court — Northern District of Iowa |
Michael Jon Jacobsma, Jacobsma, Clabaugh & Freking, PLC, Sioux Center, IA, for Plaintiffs.
Jeffrey C. Peterzalek, AAG, Des Moines, IA, Douglas L. Phillips, Klass Law Firm, L.L.P., Sioux City, IA, for Defendants.
, NORTHERN DISTRICT OF IOWA
A. Summary of the Plaintiffs' Argument ... 799
All but stated in the parties' filings, the claims below stem from alleged police misconduct arising from the plaintiffs' act of driving while black. In the present case, plaintiffs, Levi Wilson ("Wilson") and his minor child, M.W., assert federal constitutional claims for violation of their Fourth Amendment rights pursuant to 42 U.S.C. § 1983
and for violation of Iowa Constitution Article I § 8, the state constitutional equivalent of the Fourth Amendment. Additionally, they assert the state tort claims of intentional infliction of emotional distress, invasion of privacy, and negligence against three state officials and the state of Iowa pursuant to the Iowa Tort Claims Act ("ITCA"). The case is now before me on defendants' Motions to Dismiss (docket nos. 6, 12).
The plaintiffs' Petition (docket no. 3) was originally filed in Iowa District Court for Woodbury County on August 5, 2015. This case was removed to federal court on August 20, 2015, pursuant to 28 U.S.C. §§ 1331
, 1367(a), 1441(a), and 1446 (docket nos. 1, 2). Defendant Dorhout-Van Engen filed her Motion to Dismiss (docket no. 6) on August 28, 2015. Defendants Lamp and the state of Iowa filed their Motion to Dismiss (docket no. 12) on September 3, 2015.
The plaintiffs and defendants may use slightly different shades of adjectives to describe the events that give rise to this action, but the facts are largely uncontested. On September 23, 2014, three state law enforcement officials: Lamp, an Iowa Division of Criminal Investigation agent; Dorhout-Van Engen, an Orange City police officer; and another unnamed officer, were in pursuit of a suspect accused of stealing gasoline. The suspect was described only as "dark skinned" by a convenience store clerk. However, this suspect was later identified as David, the brother of Levi Wilson. The plaintiffs, Wilson and his minor son, M.W., were pulled over by the three officers while driving on a public highway in Orange City, Iowa.
The three state officials emerged from their unmarked vehicle with firearms drawn and pointed at Wilson and M.W. and instructed Wilson, who was driving, to "Get the fuck out of the car!" Dorhout-Van Engen and the unnamed officer were dressed in street clothes. Wilson obeyed the commands of the law enforcement officers and exited his vehicle without incident. Lamp then asked Wilson, "Are you David?" Wilson replied that his name was not David and asked why he was being stopped. Lamp stated that a clerk at a convenience store said that a dark skinned person drove off without paying for gasoline. Wilson is dark skinned.
Dorhout-Van Engen then began to search Wilson's person at Lamp's instruction.
At this point, Dorhout-Van Engen and Lamp stopped pointing their firearms in the direction of the plaintiffs, but the third, unnamed individual at the front of the vehicle kept his firearm pointed in the direction of M.W. During this search, Dorhout-Van Engen made an acknowledging comment to Wilson, "Hey Levi, how are you doing?" apparently recognizing him. Dorhout-Van Engen then proceeded to search Wilson's vehicle. According to the State Appeal Board Claim Form, filed by Wilson but incorporated into the record by defendants (docket nos. 12-2, 12-3), the search included the interior of Wilson's pickup truck, the bed of the truck, which was covered by an enclosed top and secured by a closed tailgate, and the underside of his truck. Consent for these searches was neither requested nor granted. After concluding their search of Wilson's vehicle, the officers began pursuing a different vehicle that drove by on the highway and stopped it.
The plaintiffs' claims are as follows: Count I for unreasonable search and seizure under the Fourth Amendment of the United States Constitution and Article I § 8 of the Iowa Constitution
; Count II for excessive force, also under the Fourth Amendment of the United States Constitution and Article I § 8 of the Iowa Constitution ; Count III, a state tort claim for intentional infliction of emotional distress; Count IV, a state tort claim for invasion of privacy; Count V, a state tort claim for negligence; and Count VI for the "Iowa Tort Claims Act."1
Dorhout-Van Engen filed her Motion on August 28, 2015 (docket no. 6), and moves to dismiss Count II for excessive force, Count IV for invasion of privacy, and Count V for negligence, on the grounds that the plaintiffs fail to state a claim for relief.
Scott Lamp and the state of Iowa filed their Motion on September 3, 2015 (docket no. 12). They move to dismiss several claims not included in the plaintiffs' Petition, which are considered in this Opinion and Order only for the sake of clarity. Additionally, Lamp and the state of Iowa move: to dismiss Count II, for excessive force, against Lamp for failure to state a claim; to substitute the state of Iowa for Lamp and dismiss Lamp pursuant to the ITCA for Count III, intentional infliction of emotional distress; to substitute the state of Iowa for Lamp and dismiss Lamp for Count IV, invasion of privacy, or, in the alternative, to dismiss it entirely for failure to state a claim; to substitute the state of Iowa for Lamp and dismiss Lamp for Count V, negligence, or, in the alternative, to dismiss it entirely for failure to exhaust the administrative remedies required by the ITCA; and, finally, to dismiss Count VI, the "ITCA" claim, for failure to state a claim upon which relief can be granted.
The plaintiffs contend that initiating a police stop by unnecessarily aiming firearms at the person stopped constitutes excessive force (Count II). An excessive force claim should be analyzed under the "objective reasonableness" standard of the Fourth Amendment. Graham v. Connor , 490 U.S. 386, 395, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989)
. Additionally, the plaintiffs rely on Article I § 8 of the Iowa Constitution to support this claim. The plaintiffs argue that when three officers storm out of a car with guns pointed at a person, there need not be an additional showing that the officers intended or attempted to use their firearms, for the force to be objectively unreasonable. The defendants' actions indicate to a reasonable person that deadly force may be used if the officers' commands are not obeyed. The plaintiffs seek a remedy for the violation, with respect to the "objective reasonableness," of their Fourth Amendment rights, through 42 U.S.C. § 1983
.
The plaintiffs also argue that the defendants conducted an unreasonable search and seizure in violation of the Fourth Amendment (Count I). Wilson complied with Lamp's instruction, cooperated when questioned, and the defendants quickly determined that Wilson was not the suspect they were pursuing. State Appeal Board Claim Form and Affidavit Attachment, 4 (docket no. 12-2). After making this determination, Dorhout-Van Engen searched Wilson's person and then searched inside and underneath Wilson's truck without his consent. Id. One or more of the defendants searched the covered and closed bed of Wilson's pickup truck and its underside. Id. The plaintiffs contend that a driver on a public highway has a reasonable expectation of privacy in his automobile. The plaintiffs further contend that a search of an automobile in such circumstances, without a warrant or probable cause, is an unconstitutional violation of the Fourth Amendment. The plaintiffs additionally rely on Article I § 8 of the Iowa Constitution
to support their claim of unreasonable search and seizure. When a government official violates the constitutional rights of an individual, an action against them in their individual capacity may be brought under 42 U.S.C. § 1983.
The plaintiffs allege that when the defendants detained the plaintiffs, forced Wilson out of his truck, and searched him and his vehicle without his consent, they argue that there was an "intrusion upon seclusion" sufficient to sustain a state tort claim for invasion of privacy (Count IV). The plaintiffs also contend that the actions of Lamp and Dorhout-Van Engen were extreme and outrageous. They argue the defendants either acted intentionally to cause emotional distress to the plaintiffs or otherwise acted with reckless disregard of the probability of causing emotional distress. The plaintiffs contend that this outrageous conduct caused and will cause the plaintiffs to suffer severe or extreme emotional distress (Count III).
The plaintiffs argue that the defendants' actions of forcing Wilson out of his truck at gun point with weapons drawn on M.W. and then searching Wilson and his truck without justification, placed...
To continue reading
Request your trial
-
Baldwin v. Estherville
...likely would recognize a private right of action for violation of the Iowa Constitution. Subsequently, however, in Wilson v. Lamp , 142 F.Supp.3d 793, 802–03 (N.D. Iowa 2015), I reserved ruling on a motion to dismiss a claim for violation of Article I, Section 8, of the Iowa Constitution, b......
-
Ferris v. Hendrick
... ... posttraumatic stress disorder, suffered actual injuries ... Id. ; see also Wilson v. Lamp , 142 F.Supp.3d ... 793, 805 (N.D. Iowa 2015) (“Although almost all ... excessive force claims in the Eighth Circuit are based ... ...
-
Estate of Henry v. Schwab
...a failure to exhaust one's administrative remedies, depriving the district court of subject matter jurisdiction. Wilson v. Lamp, 142 F. Supp.3d 793, 811 (N.D. Iowa 2015). The plaintiffs maintain and "[d]efendants do not dispute that [p]laintiffs exhausted their administrative remedies and m......
-
Hoffert v. Westendorf
...Iowa Tort Claims Act ("ITCA") on his IIED claim. (Doc. 38-1, at 7 n.3). IIED claims can be brought under the ITCA. Wilson v. Lamp, 142 F. Supp. 3d 793, at 810 (N.D. Iowa 2015) (citation omitted). If defendant failed to exhaust such remedies, this Court lacks subject matter jurisdiction on h......