Brims v. Barlow

441 F. App'x 674
CourtCourt of Appeals for the Eleventh Circuit
DecidedSeptember 27, 2011
Docket11-10798
StatusUnpublished
Cited by2 cases

This text of 441 F. App'x 674 (Brims v. Barlow) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brims v. Barlow, 441 F. App'x 674 (11th Cir. 2011).

Opinion

PER CURIAM:

Arthur Brims, proceeding pro se, appeals the district court’s order granting summary judgment in favor of the defendant, Officer Nathaniel Barlow, in Brims’s civil rights action brought under 42 U.S.C. § 1983. On appeal, Brims argues that the district court should not have granted summary judgment to Barlow because the evidence established that Barlow violated his Fourth Amendment rights. For the reasons stated below, we affirm.

I.

In 2009, Brims fíled a pro se § 1983 complaint against Barlow. His complaint was based on the following facts. On May 30, 2009, Brims was waiting in his vehicle at a shopping plaza when he noticed a police car pull up behind him. Barlow got out of the police car, walked to Brims’s vehicle, and informed Brims that his registration had expired. In response, Brims handed Barlow a letter from the Georgia Department of Motor Vehicles demonstrating that his car was validly registered. Barlow then “put his hands on [Brims] in an assaultive manner,” pulled him out of his vehicle, and used a racial epithet. Barlow handcuffed Brims “for no reason” and searched Brims’s vehicle without his consent.

Barlow filed a motion for summary judgment. He argued that his search of Brims’s vehicle was lawful under the automobile exception to the Fourth Amendment’s warrant requirement. He stated that he had probable cause to search *676 Brims’s vehicle because he had noticed Brims reaching from one side of the vehicle to the other as though he were trying to hide contraband or to secure or conceal a weapon. Barlow further explained that he had probable cause to arrest Brims for a controlled substance violation because he found a crack pipe with cocaine residue on the front seat of Brims’s vehicle.

In a supporting affidavit, Barlow explained that, on May 30, 2009, at 5:30 pm, he was traveling in his patrol car when he observed a vehicle being driven with a suspended registration. After the vehicle pulled into a parking lot, Barlow initiated a traffic stop. Barlow approached the vehicle and informed the driver, Brims, that his vehicle’s registration was expired. As Brims searched for his registration, Barlow returned to his police cruiser and checked a police database to confirm that Brims’s registration had expired.

While Barlow was in his patrol car, he noticed Brims moving about and reaching from one side of his vehicle to another. He believed, based on his training and experience, that Brims may have been trying to conceal contraband or to obtain a weapon. Barlow called for backup and motioned for Brims to get out of his vehicle. Barlow searched the driver’s compartment of Brims’s vehicle and discovered a glass pipe with crack cocaine residue. At that point, Barlow handcuffed Brims without using any appreciable force.

In addition to his affidavit, Barlow submitted a video recording of the traffic stop taken by the camera in his patrol car. Barlow explained that the videotape was not perfect because the audio recording was intermittent and the time on the screen did not reflect the actual time. Nevertheless, he asserted that the videotape accurately depicted his encounter with Brims. He stated that the videotape had been converted from VHS format into a DVD, but had not been altered in any other way.

The videotape largely corroborates Barlow’s account of the traffic stop. The recording begins at 5:43 pm, as Barlow and Brims are standing near Brims’s vehicle. Brims reenters his vehicle to look for his registration. At 5:46, Brims hands a paper to Barlow, and Barlow returns to his patrol car. At 5:47, Barlow walks back to Brims’s vehicle. He motions for Brims to get out, and Brims complies. Barlow performs a pat-down search of Brims’s person and then searches the driver’s compartment of the vehicle, discovering the pipe with crack cocaine. At 5:51, another officer arrives on the scene. Barlow handcuffs Brims without using any appreciable force, and the officers walk Brims back to Barlow’s patrol car. At no point during the videotape does Barlow hit or strike Brims.

Brims filed a response to Barlow’s summary judgment motion. Among other things, Brims argued that the videotape of the traffic stop was not reliable because the initial traffic stop occurred at 5:30 pm, but the videotape did not begin recording until 5:43 pm. He maintained that the videotape had been altered to Barlow’s advantage.

The district court granted Barlow’s motion for summary judgment. As an initial matter, the court explained that it would credit the videotape over any contrary assertions made by Barlow. The district court explained that Brims’s conclusory assertion that the videotape had been altered did not create a genuine issue as to its reliability because Brims had not explained how the events depicted on the tape differed from what actually happened.

The district court observed that the encounter between Brims and Barlow undis-putably began as a traffic stop while Brims *677 was driving a car with a recently lapsed registration. The district court noted that the videotape corroborated Barlow’s contention that Brims had been moving around inside of his vehicle. The court observed that Barlow had reason to believe that Brims had hidden contraband or secured a weapon. The district court concluded that Barlow had conducted a lawful investigatory stop, search, and arrest. The district court also determined that Barlow was entitled to qualified immunity even if the search had not been lawful.

II.

We review a district court’s grant of summary judgment de novo. Mann v. Taser Int’l, Inc., 588 F.3d 1291, 1303 (11th Cir.2009). Summary judgment is appropriate if “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). Generally, we must view the facts in the light most favorable to the non-moving party and draw all reasonable inferences in favor of that party. Mann, 588 F.3d at 1303. We may not, however, accept any facts that are “blatantly contradicted by the record, so that no reasonable jury could believe [them].” Scott v. Harris, 550 U.S. 372, 380, 127 S.Ct. 1769, 1776, 167 L.Ed.2d 686 (2007). In Scott, the Supreme Court credited a videotape recording of a car chase rather than the plaintiffs contrary account of what occurred. Id. at 378-81, 127 S.Ct. at 1775-76.

The doctrine of qualified immunity shields government officials sued in their individual capacities from civil liability if their conduct did not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 2738, 73 L.Ed.2d 396 (1982). The qualified immunity analysis consists of two steps. Grider v. City of Auburn, Ala.,

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441 F. App'x 674, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brims-v-barlow-ca11-2011.