James E. White v. Leon Taylor, Etc., Clell Harrell

959 F.2d 539, 1992 U.S. App. LEXIS 8466, 1992 WL 73168
CourtCourt of Appeals for the Fifth Circuit
DecidedApril 29, 1992
Docket90-7100
StatusPublished
Cited by70 cases

This text of 959 F.2d 539 (James E. White v. Leon Taylor, Etc., Clell Harrell) 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
James E. White v. Leon Taylor, Etc., Clell Harrell, 959 F.2d 539, 1992 U.S. App. LEXIS 8466, 1992 WL 73168 (5th Cir. 1992).

Opinions

FITZWATER, District Judge:

In this appeal from a judgment holding a chief of police individually liable, we decide whether the contours of the Fourth Amendment right of a warrantless misdemeanor arrestee to a prompt probable cause determination were clearly established prior to County of Riverside v. McLaughlin, — U.S. -, 111 S.Ct. 1661, 114 L.Ed.2d 49 (1991). Concluding they were not in the sense relevant to the instant facts, and that there is no other basis to find that the police chief violated clearly established law, we reverse the judgment on the ground that the police chief is entitled to qualified immunity.

I

Plaintiff-appellee James E. White (“White”) sued defendant Leon Taylor (“Taylor”), a City of Morton, Mississippi police officer, defendant-appellant Clell Harrell (“Harrell”), the Morton Chief of Police, and the City of Morton in connection with his arrest and detention on May 29, 1987. He contended his Fourth Amendment rights were violated when he was arrested without probable cause and was detained in the City of Morton jail for an unreasonable period of time without a probable cause determination by a neutral magistrate. He sought relief for the alleged federal constitutional violations pursuant to 42 U.S.C. § 1983 and also sued on the basis of Mississippi common law. White sued Officer Taylor and Chief Harrell in both their individual and official capacities.

Defendants moved to dismiss plaintiff’s amended complaint. In pertinent part, Chief Harrell contended he was entitled to qualified immunity from individual [541]*541liability. The district court denied the motion, see White v. Taylor, 677 F.Supp. 882, 888 (S.D.Miss.1988), and a panel of this court affirmed the order in an unpublished opinion. See White v. Taylor, 877 F.2d 971 (5th Cir.1989) (per curiam) (table).1 Following discovery, Chief Harrell moved for summary judgment, contending in pertinent part that he was entitled to qualified immunity from individual liability on White’s unreasonable detention claim. The district court denied this ground of the motion, holding it was a jury question “whether the eight-hour, overnight detention of the Plaintiff was reasonable.” White v. Taylor, 775 F.Supp. 962, 965 (S.D.Miss.1990).

Thereafter, the parties tried the case to a jury. The verdict was favorable to the defendants on all the plaintiff’s claims except the Fourth Amendment unreasonable detention claim against Chief Harrell individually. As to that cause of action the jury found Chief Harrell’s decision to detain White in the Morton jail was “an intentional act which caused or contributed to cause a violation” of White’s constitutional rights. The jury awarded White $1.00 in nominal damages, no actual damages, and $25,000 against Chief Harrell in punitive damages. The district court entered judgment on the verdict. See id. at 969 (reprinting judgment). The balance of White’s claims, including all claims against codefendants Taylor and the City of Morton, were dismissed with prejudice. Chief Harrell now appeals the judgment holding him individually liable.

We recount the evidence favorably to the verdict because we are asked, in pertinent part, to reverse the district court’s failure to direct a verdict in favor of defendant-appellant. The jury found that Officer Taylor had probable cause to arrest White but that White was unreasonably detained. We therefore summarize the evidence surrounding the arrest in a manner favorable to the arresting officer and recount favorably to White the facts of his detention and of Officer Taylor’s lack of authority to make an arrest.

White was driving home from work in his pickup truck on Friday night, May 29,1987, when he was stopped by two City of Morton police officers at approximately 10:45 p.m. White had been a Morton resident for several years. He retired from the Jackson, Mississippi police department after 23 years, and then began working full time in a security job with a beverage company in Jackson. White reported to work on May 29 at 2:00 p.m. and left the company premises at around 9:45 p.m. After making the night bank deposit, he drove toward Morton.

Officers Taylor and Keith Hollingshead (“Hollingshead”) were patroling Morton and its environs at the time. Officer Taylor was driving the squad car westbound on Highway 80 when he observed White’s truck traveling eastbound. White’s vehicle swerved partially into the westbound lane, passing the officers and forcing them off the road.2 Officer Taylor spun his vehicle [542]*542around and pursued White’s truck. He assumed the driver had been drinking. When the officers pulled up behind White they illuminated their blue lights. White veered across the center line, straddled it, and returned to his lane. Officer Taylor thought White would hit someone. Believing White had not seen the blue lights, Officer Taylor bumped his yelper. White then pulled over.

Officer Taylor called in a license registration to the dispatcher before exiting his vehicle. Both officers then approached White’s truck. Officer Taylor asked White if there was a problem, to which White replied that any problem was with Officer Taylor. The officer asked White if he had been drinking and informed him he had seen White weaving on the road and that he did not stop in response to the blue lights. White replied that he did not drink and offered to take a breathalyzer test. Officer Taylor asked White for his driver’s license, to which White responded, “The only thing you’re going to get out of me is a lot of trouble.” Officer Taylor then asked White to step out of his truck.

White popped or shoved the driver’s side door hard enough to knock Officer Taylor back several feet. The officer caught the door before it hit him, but he was still pushed several feet backwards. When White exited the truck he began pointing his finger at Officer Taylor, telling him he did not have enough sense to know what he was doing and that he expected this from the Morton police. He asked the officers if they could not find better things to do than to harass people on the streets and motorists. As White spoke, he raved and waved his arms around. He appeared angry and offended, speaking two or three minutes without interruption.

Officer Taylor then told White “I’ve heard enough of that” and ordered him into the squad car. When White continued on, the officer repeated the instruction. Officer Hollingshead intervened, telling White to get inside the car. White then complied.

Officer Taylor looked inside the truck, locked it, and started to the police station with the intent to find out what was wrong with White and to book or charge him. He changed his mind on the way there, however, because White kept beating on the cage that separated the front and back seats in the police vehicle, and making threats and insulting remarks. White accused the officer of not knowing what he was doing and threatened to sue Officer Taylor and the City of Morton. By that point Officer Taylor had become mad. He decided that if he took White to the police station, with both of them mad, there would be a fight, someone would get hurt, and White would still end up in jail. He therefore chose to take White straight to jail.

When White arrived at the jail he requested permission to make a telephone call so that he could contact his wife and lawyer.

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Bluebook (online)
959 F.2d 539, 1992 U.S. App. LEXIS 8466, 1992 WL 73168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-e-white-v-leon-taylor-etc-clell-harrell-ca5-1992.