Fields v. City of Tulsa, Oklahoma

• Court: Court of Appeals for the Tenth Circuit
• Decided: December 14, 2023
• Docket: 23-5001
• Status: Unpublished

Opinion

Appellate Case: 23-5001 Document: 010110968573 Date Filed: 12/14/2023 Page: 1

FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS December 14, 2023 FOR THE TENTH CIRCUIT _________________________________ Christopher M. Wolpert Clerk of Court EARNEST JOE FIELDS,

Plaintiff - Appellant, No. 23-5001 v. (D.C. No. 4:21-CV-00179-CVE-SH) (N.D. Okla.) CITY OF TULSA, OKLAHOMA; LUCAS TEMPLE, Officer; CHERISH COMFORT, Officer,

Defendants - Appellees. _________________________________

ORDER AND JUDGMENT* _________________________________

Before HARTZ, TYMKOVICH, and PHILLIPS, Circuit Judges. _________________________________

I. Background

Tameko Warren dialed 911 from the parking lot of a QuikTrip convenience

store in Tulsa reporting that her soon-to-be ex-husband, Earnest Fields, was

deflating her tires. She added that he was armed with a hammer, which he had

just used to tap on her car window. When officers Cherish Comfort, Jill Sallee,

* This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. Appellate Case: 23-5001 Document: 010110968573 Date Filed: 12/14/2023 Page: 2

and Lucas Temple arrived at the scene, Ms. Warren was still in her parked car,

while Mr. Fields had gone inside the convenience store.

The officers’ interactions with Mr. Fields were captured on their body

cameras. Officer Temple entered the convenience store and instructed Mr. Fields

to stay inside while he and Officer Sallee questioned Ms. Warren in the parking

lot. Disregarding Officer Comfort’s instruction to stay inside the store, Mr.

Fields strode towards the exit, stating that he intended to refuel his truck before

answering any questions. Officer Comfort replied that Mr. Fields was detained,

and Officers Comfort and Temple both reiterated that he could not go outside to

refuel his car. Undeterred, Mr. Fields slammed some of his belongings onto the

store’s counter and stormed out the door. Officer Comfort tackled him from

behind and handcuffed him.

After further investigation, no charges were filed against Mr. Fields. Mr.

Fields then sued the Tulsa Police Department and Officers Comfort and Temple

for violation of his Fourth Amendment rights against excessive use of force and

wrongful arrest. Mr. Fields appealed from the district court’s order granting

summary judgment for the defendants based on qualified immunity.

Since Mr. Fields has not produced any facts showing that the officers

violated his clearly established rights, we affirm.

II. Analysis

Mr. Fields contends that the district court erred in dismissing his false

arrest and excessive force claims at summary judgment. First, he argues that the

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officers lacked sufficient justification to detain him. Additionally, he argues that

tackling and restraining him was an excessive use of force.

Summary judgment is appropriate only 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). “In applying this standard, we view the facts and any reasonable inferences in

the light most favorable to the non-moving party.” Arnold v. City of Olathe, 35 F.4th

778, 788 (10th Cir. 2022).

“A § 1983 defendant’s assertion of qualified immunity is an affirmative defense

that creates a presumption that the defendant is immune from suit.” Truman v. Orem

City, 1 F.4th 1227, 1235 (10th Cir. 2021) (internal quotation marks and brackets omitted).

“To overcome this presumption, the plaintiff must show (1) the defendant’s actions

violated a constitutional or statutory right, and (2) that right was clearly established at the

time of the defendant’s complained-of conduct.” Id. “A right is clearly established when

a Supreme Court or Tenth Circuit decision is on point, or if the clearly established weight

of authority from other courts shows that the right must be as the plaintiff maintains.” Id.

(internal quotation marks omitted).

A. False Arrest

“An officer can stop and briefly detain a person for investigative purposes

if the officer has a reasonable suspicion supported by articulable facts that

criminal activity may be afoot, even if the officer lacks probable cause.” Cortez

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v. McCauley, 478 F.3d 1108, 1115 (10th Cir. 2007) (en banc) (internal quotation

marks omitted). “The reasonable suspicion necessary to justify such a stop is

dependent upon both the content of information possessed by police and its

degree of reliability.” Navarette v. California, 572 U.S. 393, 397 (2014) (internal

quotations omitted). “Although a mere ‘hunch’ does not create reasonable

suspicion, the level of suspicion the standard requires is considerably less than

proof of wrongdoing by a preponderance of the evidence, and obviously less than

is necessary for probable cause.” Id. (internal citations and quotation marks

omitted).

Separately, a “warrantless arrest is reasonable if the officer has probable

cause to believe that the suspect committed a crime in the officer’s presence.”

District of Columbia v. Wesby, 583 U.S. 48, 56 (2018) (Thomas, J.). “To

determine whether an officer had probable cause for an arrest, we examine the

events leading up to the arrest, and then decide whether these historical facts,

viewed from the standpoint of an objectively reasonable police officer, amount to

probable cause.” Id. at 56-57 (internal quotation marks omitted).

Here, the undisputed material facts establish that an investigative detention

was permissible because the officers had reasonable suspicion to believe that Mr.

Fields may have violated Oklahoma’s domestic abuse and domestic assault

statutes. Oklahoma law prohibits “domestic abuse,” which it defines as “any act

of physical harm or the threat of imminent physical harm which is committed by

an adult . . . against another adult . . .who is currently or was previously an

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intimate partner or family or household member.” Okla. Stat. tit. 22 § 60.1(2).

A court must determine “whether, based on the objective facts, the threat is real,

not merely perceived.” Curry v. Streater, 213 P.3d 550, 556 (Okla. 2009). In

doing so, it “may consider the circumstances and environment at the time of the

alleged threat and the parties' (1) history, (2) relationship, (3) age,

(4) intelligence, (5) health, (6) physical strength, and (7) other similar evidence

that a threat is real and is likely be executed.” Id. Ms. Warren’s allegations

against Mr. Fields were sufficient for the officers to believe that Mr. Fields had

threatened her. She had informed the police that they were going through a

divorce, that he had approached her car before dawn in a parking lot, and that he

had wielded a hammer against her. Even if these allegations would be

insufficient to convict Mr. Fields of a crime, they were sufficient, at a minimum,

to create reasonable suspicion.

In addition, Oklahoma’s domestic assault statute provides that

[a]ny person who, with intent to do bodily harm and without justifiable or excusable cause, commits any assault, battery, or assault and battery upon an intimate partner . . . with any sharp or dangerous weapon . . . is guilty of domestic assault or domestic assault and battery with a dangerous weapon which shall be a felony.

Okla. Stat. tit. 21 § 644(D)(1). Oklahoma courts interpret “assault” to mean “[a]n attempt

or offer to beat another without touching him; as if one lifts up his cane or his fist in a

threatening manner at another; or strikes at him, but misses him.” Minnix v. State,

282 P.2d 772, 775 (Okla. Crim. App. 1955). “The use of a dangerous weapon is what

distinguishes the crime of an assault with a dangerous weapon with intent to do bodily

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harm from a simple assault. A dangerous weapon is one likely to produce death or great

bodily injury by the use made of it.” Wilcox v. State, 166 P. 74, 75 (Okla. Crim. App.

1917). Ms. Warren’s 911 call reporting that Mr. Fields had hit her car window with a

hammer, deflated her tires, and was blocking her was sufficient to give the officers

reasonable suspicion to believe that Mr. Fields may have committed domestic assault

with a dangerous weapon.

In addition to the reasonableness of the investigative detention, Mr.

Fields’s failure to cooperate with the officers provided them with probable cause

to suspect that he had violated Oklahoma’s obstruction of justice statute. Under

Oklahoma law, “[e]very person who willfully delays or obstructs any public

officer in the discharge or attempt to discharge any duty of his or her office, is

guilty of a misdemeanor.” Okla. Stat. tit. 21 § 540. The officers asked Mr.

Fields to remain in the convenience store so that they could question Ms. Warren,

his alleged victim, in the parking lot. When Mr. Fields disobeyed these orders

and instead insisted upon going to the parking lot, the officers had probable cause

to believe that he intended to obstruct their investigation. First, “flight can

constitute obstruction of an officer.” United States v. Sanchez, 555 F.3d 910, 919

(10th Cir. 2009). Mr. Fields knew that he was the target of an investigation, and

disobeyed orders to remain in the store. In addition, Mr. Fields’s presence in the

parking lot, coupled with his demonstrated refusal to abide the officers’

instructions, could have disrupted the questioning of Ms. Warren.

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In sum, the district court did not err in granting summary judgment on the

false arrest claim. The officers were justified in conducting an investigative

detention and a warrantless arrest.

B. Excessive Force

Mr. Fields also contends the officers used excessive force when they

tackled him.

“The precise question asked in an excessive force case is ‘whether the

officers’ actions are ‘objectively reasonable’ in light of the facts and

circumstances confronting them, without regard to their underlying intent or

motivation.’” Thomson v. Salt Lake Cnty., 584 F.3d 1304, 1313 (10th Cir. 2009)

(quoting Graham v. Connor, 490 U.S. 386, 396 (1989)). The so-called Graham

factors relevant to this inquiry include “[1] the severity of the crime at issue, [2]

whether the suspect poses an immediate threat to the safety of the officers or

others, and [3] whether [the suspect] is actively resisting arrest or attempting to

evade arrest by flight.” Graham, 490 U.S. at 396. In addition to the Graham

factors, we have looked at other indicia of reasonableness in evaluating excessive

force claims. For example, we have held that courts may also consider the

likelihood of resistance by third parties when evaluating excessive use of force.

Estate of Redd v. Love, 848 F.3d 899, 907-908 (10th Cir. 2017).

The Graham factors each weigh in favor of use of force in this situation.

“[T]he first Graham factor weighs against the plaintiff when the crime at issue is

a felony, irrespective of whether that felony is violent or nonviolent.” Vette v.

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K-9 Unit Deputy Sanders, 989 F.3d 1154, 1170 (10th Cir. 2021). The officers

were investigating a report that Mr. Fields had threatened his soon-to-be ex-wife

with a hammer while letting air out of her car tires.

The second factor weighs in favor of the use of force because a reasonable officer

could believe that Mr. Fields posed a threat. The officers were investigating a domestic

violence allegation against Mr. Fields, and they believed that he was armed with a

hammer. Instead of complying with their instructions, Mr. Fields reacted aggressively

and combatively. As Mr. Fields’s behavior became more hostile throughout the

encounter, the officers were reasonable in perceiving a threat.

The third factor weighs in favor of use of force because Mr. Fields violated the

officers’ instructions and walked out the door toward his truck—a move that the officers

could reasonably have construed as an attempt to flee.

Resisting this analysis, Mr. Fields argues that “[t]here was never any evidence, or

allegation, that [he] had been violent, verbally threatened Ms. Warren, hurt her, or

attempted to hurt her.” Aplt. Br. at 21. But Ms. Warren’s 911 call reported that

Mr. Fields had threatened her by hitting her car window with a hammer and deflated her

tires. A reasonable person could find such conduct at the least alarming, if not outright

threatening. Reasonable officers would be entitled to assume an allegation of threatened

violence based on what they knew at the time.

Mr. Fields argues that the second factor weighs in his favor since he “posed no

immediate threat to Comfort, Temple, or anyone else, when Comfort forcefully took him

to the ground.” Id. at 24. But the uncontroverted evidence in this case shows that the

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officers were investigating a domestic assault claim, that they believed Mr. Fields to be

armed, and that Mr. Fields reacted aggressively to their investigation. The officers were

reasonable, in those circumstances, to perceive Mr. Fields as a threat.

Mr. Fields argues that the third factor weighs in his favor since “[h]ad he intended

to flee, Mr. Fields would not have left his belongings, including his keys, on the QT

counter.” Id. at 26. Even if we view this fact in the light most favorable to him, it

remains undisputed that Mr. Fields knew that he was the target of an investigation, yet

disobeyed orders from the officers to stay indoors and darted toward his car. A

reasonable officer could interpret Mr. Fields’s behavior as an attempt at flight,

notwithstanding his decision to leave some belongings on the store counter. The

officers’ decision to retain him was justifiable and proportionate considering this

risk.

Even if we were to conclude the facts precluded summary judgment on the

excessive force claim, that right was not clearly established. Since the officers enjoy

qualified immunity absent the clearly-established violation of a constitutional right, Mr.

Fields bears the burden not only of showing that they violated his right, but that “the

contours of the right [are] sufficiently clear that a reasonable official would understand

that what he is doing violates that right.” Thomas v. Kaven, 765 F.3d 1183, 1194

(10th Cir. 2014). He must point to a Supreme Court or Tenth Circuit opinion—or “the

clearly established weight of authority from other courts”—holding that use of force is

excessive in analogous circumstances. Id. He does not do so.

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Mr. Fields points to cases showing that force is unjustified in the following

circumstances, none of which is sufficiently similar to his case: (1) where nonviolent

misdemeanants did not attempt to flee, see Morris v. Noe, 672 F.3d 1185, 1198 (10th Cir.

2012), and Cavanaugh v. Woods Cross City, 625 F.3d 661 (10th Cir. 2010); (2) where

force was applied without warning, see Casey v. City of Fed. Heights, 509 F.3d 1278,

1283-1285 (10th Cir. 2007); (3) where force was applied against individuals who were in

handcuffs or otherwise subdued, see Estate of Booker v. Gomez, 745 F.3d 405, 424

(10th Cir. 2014), and Perea v. Baca, 817 F.3d 1198, 1204 (10th Cir. 2016); and (4) where

the record did not show conclusively that the plaintiff had resisted. Bridges v. Yeager,

352 F. App’x 255, 259 (10th Cir.).

Since he cannot overcome his burden of showing clearly-established law in

support of his excessive force claim, the district court did not err in finding the officers

were entitled to qualified immunity.

C. Municipal Liability

Finally, Mr. Fields claims that the City of Tulsa is liable for the officers’

constitutional violations.

“Local governing bodies . . . can be sued directly under § 1983 . . . 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.” Monell v. Dep’t of Soc. Servs., 436 U.S.

658, 690 (1978). “[L]ocal governments . . . may be sued for constitutional

deprivations visited pursuant to governmental ‘custom’ even though such a

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custom has not received formal approval through the body’s official

decisionmaking channels.” Id. at 690-691. They may not be “held liable unless

action pursuant to official municipal policy of some nature caused a

constitutional tort.” Id. at 691. Unlike their employees, municipalities do not

enjoy qualified immunity. Owen v. City of Independence, 445 U.S. 622, 638

(1980).

Mr. Fields has not developed an argument on appeal to find Tulsa liable

under Monell. In its response brief, Tulsa argues that Mr. Fields has not shown

that his damages were caused by an official municipal policy or custom. Aple.

Br. at 25-28. Mr. Fields did not file a reply brief to dispute the merits of that

contention. We conclude that summary judgment in favor of Tulsa is warranted

because there remains no material factual dispute as to Tulsa’s liability.

III. Conclusion

We affirm the district court’s grant of summary judgment in favor of the

defendants.

Entered for the Court

Timothy M. Tymkovich Circuit Judge