Barnier v. Szentmiklosi

810 F.2d 594, 55 U.S.L.W. 2511
Court of Appeals for the Sixth Circuit·Decided February 10, 1987·No. Nos. 83-1265, 83-1311·Published·Cited by 43 cases

Opinions

WELLFORD, Circuit Judge.

Defendants, police officers Szentmiklosi and Campbell, the police department, and the City of Milan, Michigan, appeal a malicious prosecution judgment in favor of plaintiff, Marie Barnier, on two grounds: (1) erroneous admission of a polygraph test, and (2) insufficient evidence to support the verdict. Barnier cross-appeals, challenging the district court’s denial of treble damages against the City on her malicious prosecution claim and the district court’s dismissal of her § 1983 claim. We hold that the admission of the polygraph test was reversible error and therefore REVERSE and REMAND for a new trial on the state law malicious prosecution claim. In all other respects, we AFFIRM the district court judgment.

I.

In the early morning hours of May 30, 1981, appellants, two Milan police officers, were pursuing a suspect for driving while intoxicated, Timothy Barnier, son of plaintiff. Timothy was attempting to evade police and finally stopped at his parents’ home.

According to Mr. and Mrs. Barnier, they were awakened by police car sirens and flashing lights. The couple ran to the front yard in sleepwear to discover the police officers wrestling with their son, and Mrs. Barnier believed one officer was choking her son. Mrs. Barnier then intervened and grabbed the arm of the officer who she believed was “choking” her son. She testified that she only held the officer’s arm for a minute or so despite the officer’s warning to “get away.” Mr. Barnier testified that he never touched either officer, and his wife denied that she made any additional physical contact with either officer. The Barniers also claimed that the police officers pushed Mrs. Barnier, chased both of them into the house, and tried to knock down the door.

The officers’ version was entirely different. They testified that they had to engage in a “wrestling” match to subdue Timothy and eventually resorted to a [596] chokehold. The officers claimed that when Timothy’s parents came out of the house, the Barniers grabbed and pulled on them, struck at them in the back, and generally interfered with their attempts to effect Timothy’s arrest. One officer claimed that Mr. Barnier struck him in the face.

The officers subsequently prepared a report stating their version of the circumstances surrounding Timothy’s arrest. The officers concluded: “Officers will seek a two count warrant on each subject [parents] for Assault on Police officer and Interfering with arrest from the county prosecutors [sic] office.” This report was submitted to their superiors for review, but the defendant officers testified that they had no further knowledge of subsequent events in respect to action against the Bar-niers.

Based on the officers’ report, the prosecutor’s office issued a criminal complaint charging the Barniers with criminal assault and battery, a maximum ninety day misdemeanor offense. A summons was then mailed to the Barniers to give notice of a court appearance on the charge. Prior to that hearing, the local newspaper mentioned a hearing with respect to an alleged assault and battery at the Barniers’ address, but did not mention their name. The Barniers made the required appearance and later claimed that the presence of several acquaintances at the hearing embarrassed them.

On the advice of their counsel, the Barni-ers took a lie detector test, apparently to encourage the prosecution to dismiss the charges. Defendants and defense counsel knew nothing about the lie detector test. Meanwhile, Timothy pleaded no contest to the DWI charge. The Barniers attended three other hearings during the next two months before the judge dismissed the complaint on the prosecutor’s motion.

Mr. and Mrs. Barnier and son Timothy then filed suit based on a § 1983 claim for alleged deprivations under the due process and equal protection clauses as well as eighth amendment violations. Plaintiff and her family also raised numerous pendent state law claims for assault and battery, malicious destruction of private property, false arrest, malicious prosecution, and intentional infliction of emotional distress.

At trial the district court directed a verdict in defendants’ favor on the § 1983 claims in a published opinion. See Barnier v. Szentmiklosi, 565 F.Supp. 869 (E.D. Mich.1983). The only state claims submitted to the jury concerned the charges of assault and battery, false arrest, and malicious prosecution. The jury returned a verdict in Mrs. Barnier’s favor only on the malicious prosecution claim, awarding her $5,500.00 compensatory damages against the City. Because of a Michigan statute, the district judge trebled the damages award against the remaining individual defendants. The judge declined, however, to treble the damages award against the City. The jury verdict was in favor of defendants on all other claims.

II.

Defendants’ first assignment of error concerns the trial court’s admission of evidence that the Barniers took a lie detector test. Plaintiffs asserted that taking the test was emotionally stressful, and they purported to introduce evidence of the polygraph test only for the purpose of showing, damages. The district court admitted the evidence, limiting its use to the damages issue.

Generally, the use of polygraph results to prove a party’s innocence is prohibited. See, e.g., United States v. Murray, 784 F.2d 188 (6th Cir.1986); Poole v. Perini, 659 F.2d 730, 735 (6th Cir.1981), cert. denied, 455 U.S. 910, 102 S.Ct. 1259, 71 L.Ed.2d 450 (1982). Under certain limited circumstances, however, the fact that such a test was taken may be relevant and admissible for purposes other than establishing the truth or falsity of a disputed fact. See Murphy v. Cincinnati Ins. Co., 772 F.2d 273 (6th Cir.1985) (insured’s willingness to take lie detector test admissible for the limited purpose of showing insurer’s bad faith in denying insured’s claim). [597] Under the circumstances of this case, we conclude that the district court’s admission of evidence that the Barniers took a lie detector test was reversible error. The manner in which the evidence was introduced was prejudicial because it allowed, if not encouraged, the jury to draw improper inferences from the evidence.

Immediately following Mr. Barnier’s testimony describing the test, his attorney asked:

Q. All right, at some point after this test, did you go back to court?
A. Yes, I did.
Q. Okay, and what happened to the charges against you and your wife?
A. The charges was dropped against me and the wife____

Similarly, immediately following Mrs. Bar-nier’s description of taking the lie detector test, her attorney asked:

Q. Back to the criminal charges now, were those eventually dismissed?
A. Yes, they were.

Once again, in cross-examining the prosecutor, the Barniers’ attorney asked:

Q. You’re aware that a lie detector test was taken by Dan Barnier and Marie Barnier?

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Barnier v. Szentmiklosi, 810 F.2d 594, 55 U.S.L.W. 2511 (6th Cir. 1987).

810 F.2d 594 (Barnier v. Szentmiklosi) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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