August Smith v. City of Joliet, a Municipal Corporation

965 F.2d 235, 1992 U.S. App. LEXIS 11765, 1992 WL 111858
CourtCourt of Appeals for the Seventh Circuit
DecidedMay 28, 1992
Docket91-1489
StatusPublished
Cited by12 cases

This text of 965 F.2d 235 (August Smith v. City of Joliet, a Municipal Corporation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
August Smith v. City of Joliet, a Municipal Corporation, 965 F.2d 235, 1992 U.S. App. LEXIS 11765, 1992 WL 111858 (7th Cir. 1992).

Opinion

COFFEY, Circuit Judge.

August Smith sued the City of Joliet, Illinois (“Joliet” or “the City”) pursuant to 42 U.S.C. § 1983 alleging that it caused two of its police officers to violate his *236 rights under the fourth and fourteenth amendments to the United States Constitution. The district court granted the City’s motion for summary judgment. We affirm.

I.

The incident giving rise to Smith’s lawsuit occurred outside his Joliet home at around 7 p.m. on February 21,1986. Smith had just parked his car in the small parking lot fronting his home when he decided to run the engine for a few minutes to make it easier to start the next morning. Because of a faulty hinge, it took Smith two or three minutes to open his driver’s side door and reenter the car. After switching on the ignition, Smith sat in the driver’s seat with the engine running.

A few moments later, a second car pulled into Smith’s parking lot and stopped in front of his car. Two men exited the second car. They were Arthur Huffstutler and Robert Kerwin, on-duty plainclothes Joliet police officers. In their depositions, the police officers stated that they stopped to investigate because officer Kerwin spotted Smith struggling with his car door and suspected a car theft in progress.

Smith’s account of what happened next differs dramatically from the officers’. Since we are reviewing a summary judgment entered against Smith, we will accept as true his account of disputed facts. According to Smith, one of the two officers “snatched” him from inside his car, “slung” him up against the car, told him to put his hands on his car, pointed a gun at the back of his head, “jammed” Smith’s chest against the car roof, and “poked” the gun into his ribs. Meanwhile, the other officer searched the inside of Smith’s car. Smith claims that after about 20 minutes of this treatment, his son arrived in a car, and the two police officers got into their car and drove off.

Smith argued in the district court that Kerwin and Huffstutler used excessive force against him during the investigatory stop and search in violation of his constitutional rights. He also argued that his encounter with the police was part of a pattern of use of excessive force by Joliet police officers. This pattern, according to Smith, was evidence of the Joliet police department’s “custom of condoning or ignoring excessive force incidents,” its “policy ... to actually foster and approve the use of excessive force,” and its “deliberate indifference” to police use of excessive force.

After several months of discovery, the district court granted the City’s motion for summary judgment, ruling that (1) Smith’s account of his treatment by the two police officers did not rise to the level of an unconstitutional use of excessive force and (2) Smith presented no evidence of an unconstitutional City policy or custom which could have caused the officers to use excessive force.

II.

We review de novo a district court’s grant of summary judgment. Renovitch v. Kaufman, 905 F.2d 1040, 1044 (7th Cir.1990). Motions for summary judgment should be granted if the pleadings and discovery “show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c). The record and all reasonable inferences drawn therefrom must be viewed in the light most favorable to the non-moving party. Renovitch, 905 F.2d at 1044. However,

“Rule 56(e) itself provides that a party opposing a properly supported motion for summary judgment may not rest upon mere allegation or denials of his pleading, but must set forth specific facts showing that there is a genuine issue for trial.... [T]he plaintiff must present affirmative evidence in order to defeat a properly supported motion for summary judgment.”

Id. (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256-57, 106 S.Ct. 2505, 2514, 91 L.Ed.2d 202 (1986)). “A genuine issue of material fact exists only where there is sufficient evidence favoring the nonmoving party for a jury to return a *237 verdict for that party.” Id. at 1044. (citation omitted).

III.

With this standard of review in mind, we turn now to the substantive law governing the appellant’s claim. Because Smith sued only the City, and not Kerwin and Huffstutler individually, he was required to prove two things to make out his claim: (1) that the police officers used excessive force against him in violation of his constitutional rights and (2) that a City policy or custom caused their unconstitutional behavior. Strauss v. City of Chicago, 760 F.2d 765, 766-767 (7th Cir.1985). Because we hold that Smith failed to establish evidence of a City policy or custom which could have caused a constitutional violation, we need not review the district court’s conclusion that Smith suffered no constitutionally cognizable injury.

Local governing bodies, like the City of Joliet,

“can be sued directly under § 1983 for monetary, declaratory, or injunctive relief where ... the action that is alleged to be unconstitutional implements or executes a policy statement, ordinance, regulation, or decision officially adopted and promulgated by that body’s officers. Moreover, ... local governments ... may be sued for constitutional deprivations visited pursuant to governmental ‘custom’ even though such a custom has not received formal approval through the body’s official decisionmaking channels.”

Monell v. Department of Social Services of the City of New York, 436 U.S. 658, 690-91, 98 S.Ct. 2018, 2035-36, 56 L.Ed.2d 611 (1978). “[I]t is when execution of a government’s policy or custom, whether made by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy, inflicts the injury that the government as an entity is responsible under § 1983.” Id. at 694, 98 S.Ct. at 2037-38. Under this doctrine, local governing bodies can be held liable under § 1983 if their method of training their police is so inadequate that it amounts to a “policy” of “deliberate indifference to the rights of persons with whom the police come into contact.” Graham v. Sauk Prairie Police Commission, 915 F.2d 1085, 1100 (7th Cir.1990) (citing City of Canton, Ohio v. Harris, 489 U.S. 378, 388, 109 S.Ct. 1197, 1204, 103 L.Ed.2d 412 (1989)).

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Bluebook (online)
965 F.2d 235, 1992 U.S. App. LEXIS 11765, 1992 WL 111858, Counsel Stack Legal Research, https://law.counselstack.com/opinion/august-smith-v-city-of-joliet-a-municipal-corporation-ca7-1992.