Dorsey v. Barber

517 F.3d 389, 2008 U.S. App. LEXIS 3650, 2008 WL 449969
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 21, 2008
Docket05-4235
StatusPublished
Cited by175 cases

This text of 517 F.3d 389 (Dorsey v. Barber) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dorsey v. Barber, 517 F.3d 389, 2008 U.S. App. LEXIS 3650, 2008 WL 449969 (6th Cir. 2008).

Opinions

OPINION

McKEAGUE, Circuit Judge.

This case presents civil rights claims against various law enforcement officers for unlawful arrest and use of excessive force. Now before the court is an appeal from an interlocutory order of the district court denying two defendants’ motions for summary judgment on the basis of qualified immunity. In particular, the district court held that, due to outstanding questions of fact, defendants Portage County Sheriffs Deputy Duane M. Dawson and Village of Brady Lake Police Officer Allen C. Begin were not entitled to qualified immunity. Both defendants appealed this ruling. Dawson’s appeal (No. 05-4234) was dismissed on joint motion of the parties on March 2, 2007. Now, for the reasons that follow, we hold that the district court erred in ruling that Officer Begin is not entitled to qualified immunity.

I. FACTUAL AND PROCEDURAL BACKGROUND

The claims against Officer Begin stem from his participation in the temporary detention of plaintiffs Jelini O. Dorsey and Kevin L. Clark, who were identified as suspects in an investigation. As it turned out, plaintiffs were totally and unquestionably innocent of the charges under investigation. They were released by the police approximately 54 minutes after they were initially stopped by Officer Begin. In the meantime they had been made to lie face-down on the ground at gunpoint, were handcuffed, and were transported in patrol cars to a police station for identification by an eye-witness. Begin’s role in this sequence of events was not insignificant, but was short-lived. The question posed by his motion for summary judgment based on qualified immunity is whether a reasonable officer in his position would have known that his conduct violated plaintiffs’ civil rights.

On Saturday, October 10, 2004, Officer Begin was assigned to provide traffic control for the Captain Brady Day Parade in the Village of Brady Lake, southeast of Cleveland. At approximately 10:34 a.m., while driving his police cruiser, he heard a broadcast from the Portage County Sheriff Department instructing all law enforcement officers to “be on the lookout” (a “BOLO”) for two suspects wanted by the Ohio State Highway Patrol in connection with an auto theft. Begin aff. ¶ 5, JA 97. The suspects were described as “two black males, one with comrows, one wearing a blue jersey and one wearing a white jersey.” Dispatch audiotape tr., JA 873 (italics in original). They were reported to have last been seen at the intersection of Westshore Drive and Merrill Road in Brady Lake, the very location where Begin happened to be as he heard the BOLO. Id. The State Highway Patrol was said to have a unit en route to that area. Id.

[392]*392Moments later, Begin observed two young men who matched the suspects’ description walking on Westshore Drive. Begin aff. ¶ 6, JA 98. He reported to the sheriff department that he had located the suspects on Westshore. Dispatch audiotape tr., JA 873; Begin dep. pp. 78-79, JA 544-45. Begin was told by a Sergeant Faddis to “stop and hold for 67” (“67” being the. highway patrol unit that was already en route). Dispatch audiotape tr., JA 873. Begin turned his cruiser around and approached the subjects from behind as they walked along the road. He exited his cruiser and, from a distance of 15-20 feet, told the subjects, plaintiffs Jelini Dorsey and Kevin Clark, to stop. Begin dep. at 53-57, JA 521-25. Dorsey and Clark turned around and looked surprised, but continued walking. Id. at 57, JA 525. Begin called out to them a second time, telling them to stop, put down the clipboards they were carrying, and lie down on the ground. Id. They still looked surprised. Id. Again, Begin told them to put down the clipboards and get down on the ground. Dorsey and Clark objected, asking why, and saying they ‘ hadn’t done anything wrong. Id. at 58, JA 526.1

Because they remained noncompliant, disregarding two orders, Begin drew his service weapon from its holster to control the situation until a back-up unit arrived: “At that time I felt the best way to contain them from walking away or doing anything is to have them lay on the ground with their hands spread out.” Id. at 59-60, JA 527-28. As Dorsey and Clark continued to object, Begin told them everything would be explained shortly. He ordered them a third time, weapon drawn, to get down on the ground. Id. at 62-63, JA 530-31. This time they obeyed. Id. at 63. Begin instructed them to lie on their stomachs with hands outstretched over their heads. Begin continued to display his firearm until back-up arrived, in the person of Lieutenant Duane Dawson of the Portage County Sheriff Department, at approximately 10:36 a.m. Dawson then handcuffed Dorsey and Clark, and Begin holstered his weapon. Id. at 63-64, JA 531-32.

On his arrival, Dawson took control of the scene. Id. at 68-69, JA 536-37. Dorsey and Clark remained handcuffed, lying on their stomachs until the highway patrol unit arrived, eight to ten minutes later. Id.2 According to the sheriff department dispatch radio log report, Highway Patrol Trooper Lindsey Woodward arrived at the scene at 10:41 a.m. Feigert dec. ¶ 8, JA 151. By 10:48 a.m., both suspects were being transported — Clark in Woodward’s patrol car and Dorsey in Dawson’s — to the highway patrol post in nearby Ravenna. Id. at ¶ 9, JA 151. They arrived at the Ravenna Post by 11:03 a.m. Id. at ¶ 10, JA 151.

There they were shown to Robert Robinson, a concerned citizen who had provided a description of the suspects that became the subject of the BOLO. Robinson statement, JA 182-86. At approximately 8:00 a.m. that morning, Robinson had picked-up two “nervous” African-American hitch-hikers (one being about 20 years [393]*393old and the other about 15 years old) in the area where two stolen cars had been abandoned after their drivers had eluded a high-speed police chase at approximately 6:15 a.m. As Robinson traveled in a westerly direction toward Ravenna, he happened to drive past each of the two abandoned cars. A state highway patrol cruiser was parked at the site of each abandoned car. As he passed each site, Robinson noticed that his young passengers “began to panic.” Robinson statement, JA 182. On passing the second abandoned car, he observed that the “younger boy got scared and was breathing heavy.” Id. Robinson drove his passengers to Ravenna, in the direction of Brady Lake, where he dropped them off. Shortly thereafter, Robinson reported his observations to the state highway patrol at its Ravenna post.

Robinson’s description of the two hitchhikers was arguably consistent with observations made by State Highway Patrol Trooper Charles Mendenhall, who, at about 6:15 a.m., had encountered two red Dodge Neons traveling side-by-side and speeding toward him. Mendenhall statement, JA 171; Mendenhall investigation report, JA 404. Mendenhall initially gave chase to the Neon that had almost collided with his patrol car. He noted that the driver of that vehicle was “a black male with a white t-shirt and and a light colored hat or dew rag on his head.” Mendenhall statement, JA 171. Mendenhall terminated the pursuit, which had reached speeds of 90-95 mph, because hills and curves made for hazardous conditions. Shortly thereafter, both Neons were found to be abandoned at different locations in the vicinity. Both were determined to be stolen.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Putrich v. Peterson
W.D. Michigan, 2023
United States v. John Lawson
Sixth Circuit, 2022
United States v. Jason Fletcher
978 F.3d 1009 (Sixth Circuit, 2020)
Christopher Bey v. Adam Falk
Sixth Circuit, 2019
Sergio Love v. Michael Notoriano
Michigan Court of Appeals, 2019
James King v. United States
917 F.3d 409 (Sixth Circuit, 2019)
State of Tennessee v. Brandon Dewayne Theus
Court of Criminal Appeals of Tennessee, 2017
Emily Evans v. Phil Plummer
687 F. App'x 434 (Sixth Circuit, 2017)
Taras Nykoriak v. Lena Wileczek
666 F. App'x 441 (Sixth Circuit, 2016)
Bernadette Rolen v. City of Cleveland
657 F. App'x 353 (Sixth Circuit, 2016)
Felix Booker v. Michael Lapaglia
617 F. App'x 520 (Sixth Circuit, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
517 F.3d 389, 2008 U.S. App. LEXIS 3650, 2008 WL 449969, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dorsey-v-barber-ca6-2008.