Wyland v. James, CA 3-74-847-C.
| Citation | 426 F. Supp. 304 |
| Decision Date | 24 January 1977 |
| Docket Number | No. CA 3-74-847-C.,CA 3-74-847-C. |
| Parties | Louis Joseph WYLAND, Plaintiff, v. J. D. JAMES et al., Defendants. |
| Court | U.S. District Court — Northern District of Texas |
James S. Moss, Mesquite, Tex., for plaintiff.
Lee E. Holt, City Atty., T. Alex Eastus, Asst. City Atty., Dallas, Tex., for defendants.
This is an action brought by Plaintiff under 42 U.S.C. § 1983 against Defendants, police officers of the City of Dallas, claiming money damages for false arrest, use of unreasonable force in making the arrest, and malicious prosecution. After trial to the Court, it is adjudged that Plaintiff has failed to establish his claim by a preponderance of the credible evidence.
The acts in question took place in the early morning hours of March 19, 1974, when Plaintiff and a male companion, Lawrence Furr, were driving at approximately 3:00 A.M. in a high-crime area of the City of Dallas. Plaintiff and his companion testified that they were returning to their homes after an evening of drinking and pool playing when they encountered a young woman who was experiencing automobile trouble. The young men state that they assisted her in getting her car underway and offered to follow her to her home in the event she experienced further difficulty but that she refused the offer and proceeded on her way. Wyland and Furr testified that they started on toward home but turned to follow the young woman believing that her car was not functioning normally. By the time they had turned, however, her car was out of sight and in the process of looking for her, Plaintiff turned his vehicle into the driveway of a private multifamily residence in the 4200 block of Holland Street, Dallas, Texas.
As Plaintiff turned his car into the private driveway, he was being observed by Officer J. D. James who was dressed in his regular police uniform and seated in a marked City of Dallas squad car. Officer James knew that the area had a high incidence of theft from motor vehicles and observed Plaintiff as he pulled into the driveway and drove slowly past the parked vehicles of the residents. Upon reaching the end of the driveway, Plaintiff put his car in reverse and rapidly backed out into the street. Officer James then switched on his emergency lights and stopped Plaintiff who pulled his vehicle into a nearby alley.
Before Officer James could radio in his location and approach Plaintiff's vehicle, Plaintiff left his car and walked over to Officer James' squad car. The officer ascertained that Plaintiff was not a resident of the multifamily residence and that he was not a guest of any resident. Officer James then asked Plaintiff to return to his car and be seated while the officer completed his radio check. Plaintiff refused to do so and urged his companion, who had remained in Plaintiff's vehicle, to join him outside.
Due to the lateness of the hour, the fact that he was in a high-crime area, the refusal of Plaintiff to remain in his vehicle, and the fact that there were two suspects and only one policeman, Officer James radioed for a back-up squad in keeping with normal police practices. A few minutes later, a second police car arrived with uniformed Officers Sullivan and Jarvis, the additional Defendants in this action.
Upon arriving, Officer Sullivan proceeded to question the Plaintiff while Officer Jarvis went into the street to direct traffic. While the testimony is conflicting as to events occurring after this time, the Court finds that Plaintiff conducted himself in a loud and obstreperous manner refusing to answer questions posed by Officer Sullivan. After a heated verbal exchange, Plaintiff turned and began to walk away from Officer Sullivan, purportedly to write down the license number of Officer Sullivan's squad car. Officer Sullivan reasonably believed, however, that Plaintiff was leaving the scene, pursued him, grasped Plaintiff's arm, and turned him around. Plaintiff then raised his arm in a threatening manner as if to strike Officer Sullivan and the Officer responded by...
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Herrera v. Valentine
...cert. denied, 444 U.S. 841, 100 S.Ct. 82, 62 L.Ed.2d 53 (1979); Dellums v. Powell, supra, 566 F.2d at 175-176; cf. Wyland v. James, 426 F.Supp. 304, 306 (N.D.Tex.1977). The Fourth Amendment secures the citizens' substantive right to security from the government's unreasonable intrusions int......
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...415 U.S. 917, 94 S.Ct. 1413, 39 L.Ed.2d 471 (1974); Richardson v. City of Newark, 449 F.Supp. 20, 22-23 (D.Del.1978); Wyland v. James, 426 F.Supp. 304, 306 (D.Tex.1977). Therefore, the complaint states a claim against the defendant Baird under section 1983. With respect to the municipal def......
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...denied, 342 U.S. 918, 72 S.Ct. 32, 96 L.Ed. 618 (1951), Quoting Bottone v. Lindsley, 170 F.2d 705, 707 (10th Cir. 1948); Wyland v. James, 426 F.Supp. 304 (N.D.Tex.1977).8 This Court observed as much in Dorsey v. NAACP, 408 F.2d 1022, 1024 (5th Cir.), Cert. denied, 396 U.S. 847, 90 S.Ct. 58,......