Bennett v. City of Grand Prairie

883 F.2d 400, 1989 U.S. App. LEXIS 14065
CourtCourt of Appeals for the Fifth Circuit
DecidedSeptember 19, 1989
DocketNo. 88-1493
StatusPublished
Cited by41 cases

This text of 883 F.2d 400 (Bennett v. City of Grand Prairie) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bennett v. City of Grand Prairie, 883 F.2d 400, 1989 U.S. App. LEXIS 14065 (5th Cir. 1989).

Opinion

ALVIN B. RUBIN, Circuit Judge:

The district court held that police officers had probable cause to arrest a husband and wife, and that even if they did not, the officers and the cities that employed them were immune from suit. Because the police had probable cause to arrest the wife, and the officers and cities are immune from suit for arresting the husband even if they did not have probable cause, we affirm.

[402]*402I. The Facts

Associates Cash Express (ACE) is a commercial check-cashing enterprise with an office in Grand Prairie, Texas. Because ACE keeps large sums of cash at its offices, its office door is controlled by an alarm that must be deactivated when an employee enters the office before business hours and reactivated when the last employee leaves for the day. Each employee is assigned a different five-digit computer code number which she must key into an electronic device to deactivate the alarm whenever entering or leaving the office. Smith Alarm Company monitors electronically when each code number is entered.

On December 15, 1984, ACE discovered that approximately $45,176 had been stolen from its safe. The Grand Prairie police department immediately dispatched Officer Steve Courson to ACE’s premises to make a report, and assigned Detective Robert Willbanks to investigate the theft. In his report, Courson stated:

There was no sign of forced entry.... [It was] apparently an inside job.... [The suspect] had to have a key and known [an] alarm code number as well as [the] combination to the safe.... [The] suspect had to know [the] procedures of the business and did not ransack [the] business or damage any property[; he or she] apparently went straight to the safe and made [a] quick exit.... The entry at 7:32 a.m. is the suspicious time_ [Envelopes that contained checks were not opened ... and could not be seen through....
[Ms. Bennett and Parson] locked the business last night and left together. [Ms. Bennett] says [they] both put [the] money and checks inside the safe[; Ms. Bennett] locked the safe and spun the cylinder and says [the] safe was locked. [Ms. Bennett] then set the alarm code and had Parson call another [ACE] center to confirm their closing ... and [Ms. Bennett] locked the front door.

ACE instructed its director of corporate security, Orson “Bud” Harman, to conduct an internal investigation. Harman corroborated information contained in Courson’s report, and informed Willbanks:

To obtain access to the safe ..., an employee must enter an assigned computer code....;
The alarm code [number 27584] used to enter the ... office [at 7:32] on the morning of December 15, 1984 belonged to Ms. Parson, but she took and passed a polygraph exam later that day;
Ms. Bennett ... arrived late ... to work ... on the morning of December 15, 1984, ... claiming] that she had overslept and had to drop off her son with a babysitter;
After the burglary, Ms. Bennett gave us a piece of paper from her purse on which Ms. Parson’s alarm code had been written, but claimed that she had not used this code to enter the ... office on December 15, 1984. Nevertheless, the polygraph examiner stated that, in his opinion, Ms. Bennett had not been truthful in answering three of the questions she was asked during her polygraph exam; and she agreed to an appointment to take another exam and then failed to show up.

Willbanks prepared an affidavit for an arrest warrant for Ms. Bennett based primarily on Courson’s report and communications with Harman. He stated in part:

There was no sign of force on the safe or the doors [of the business]....
Officer Courson ... learned that ... [Ms. Bennett and] Parson were the last two at the business on 12-14-84 and ... they locked up ... at 8:45 p.m. ... A check with the alarm company showed the alarm ... went off at 7:32 a.m., 12-15-84....
Bud Harmon [sic] ... stated [to Detective Wilbanks] that ... [Ms. Bennett was] given three separate [polygraph] tests and had show[n] deception on each when questioned about [her] knowledge of who committed the offense and if she was involved_ [Ms. Bennett] did not come ... to take another [polygraph] test from a different operator [despite having made an appointment].... Harmon [sic] further advised that ... it was learned from [Ms. Bennett that] she [403]*403had borrowed the alarm code number assigned to ... Parsons. Parsons told Harmon [sic] that [Ms. Bennett] ... told her she could not recall her code number as she had been involved in a traffic accident recently and lost all knowledge of what her number was. Record checks revealed [sic] [that Ms. Bennett] was involved in a minor accident ... on 10-10-84[;] however no injuries were noted on the state report....
[Ms. Bennett] arrived late for work on 12-15-84 and stated she had overslept and was late taking her little boy to the babysitters_ [T]he babysitter ... advised [Detective Wilbanks] that [Ms. Bennett] did not bring the child to her home on 12-15-84.

In accordance with the practice of the Grand Prairie police department, Officer Bill Ballard signed and presented the affidavit to a magistrate, who issued the warrant. An officer of the Grand Prairie police department, who is not identified in the record, subsequently arrested Ms. Bennett at her apartment.

Both Willbanks and Harman continued to investigate the theft after the magistrate had issued the warrant for Ms. Bennett’s arrest. Relying on evidence he had collected while preparing the application for the warrant to arrest Ms. Bennett, as well as additional information provided by an informant incarcerated at Dallas County jail, Willbanks prepared an affidavit for Mr. Bennett’s arrest. It stated in part:

It was learned that [Mr. Bennett] was scheduled to travel to Mineral Wells, Texas on 12-15-84 to bid [on] a construction job....
Det. Willbanks received information there was a black male, Harold Hill, in the Dallas County jail who might know something about this offense. On 1/17/85 Det. Willbanks interviewed Mr. Hill and was told that about five days prior to [C]hristmas he was at the residence of a Stan Clark in Fort Worth and [Mr. Bennett] came to that residence to buy heroin. While at the residence, the defendant was bragging about ripping off a check cashing place in Grand Prairie where his wife worked for about $87,-000. He told Clark and Hill his wife had left the safe unlocked and given him a code for the alarm and he went in and took the cash. This information was revealed to Det. Willbanks without Det. Willbanks telling him anything about the offense.
Hill further stated that [Mr. Bennett] had supplied Clark with rent money and other cash and bragged he had plenty of money stashed and if either one needed money to let him know.... Dallas County records show [Mr. Bennett] has been arrested and convicted of armed robbery, burglary and was recently paroled from the Texas Department of Corrections for forgery.

Ballard signed and presented the affidavit to a magistrate, who issued an arrest warrant. Officer Little of the Mesquite police department arrested Mr. Bennett when she saw him stop his flatbed truck in the middle of an intersection and, after radioing Mr.

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Bluebook (online)
883 F.2d 400, 1989 U.S. App. LEXIS 14065, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bennett-v-city-of-grand-prairie-ca5-1989.