Keith Gower v. Jeffrey Vercler and Ryan Garrett

377 F.3d 661, 2004 U.S. App. LEXIS 15281, 2004 WL 1636966
CourtCourt of Appeals for the Seventh Circuit
DecidedJuly 23, 2004
Docket02-4112
StatusPublished
Cited by38 cases

This text of 377 F.3d 661 (Keith Gower v. Jeffrey Vercler and Ryan Garrett) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Keith Gower v. Jeffrey Vercler and Ryan Garrett, 377 F.3d 661, 2004 U.S. App. LEXIS 15281, 2004 WL 1636966 (7th Cir. 2004).

Opinion

COFFEY, Circuit Judge.

On February 12, 2001, the Plaintiff-Appellant, Keith Gower, filed suit in federal court against two Champaign County, Illinois, sheriffs deputies seeking redress for the alleged violation of his Fourth Amendment rights, pursuant to 42 U.S.C. §§ 1983 and 1985, and malicious prosecution, pursuant to Illinois law. Gower’s claim was based on his assertion that on February 12, 2000, Deputies Jeffrey Vercler and Ryan Garrett illegally entered his home and arrested him for violation of 720 Ill. Comp. Stat. 5/26 — 1 (a)(1), Illinois’ disorderly conduct statute. The case was tried before a jury and after all the evidence had been submitted, Gower moved for a directed verdict under Rule of Civil Procedure 50(a). After hearing arguments, the trial judge denied Gower’s motion, and the jury proceeded to find in favor of the Defendants on each of the claims, the § 1983 and Illinois tort claims. Gower appeals, urging us to hold that the district court erred in denying his motion for a directed verdict and, in the alternative, that the jury’s verdict was unsupported by the evidence and, thus, was unreasonable. We affirm.

I. BACKGROUND

In 1999, Keith Gower (“Gower”) lived in a rural area of Champaign County, Illinois, with his wife, Tina, and with his two children, Kassandra and Preston. The Gow-ers were geographically close neighbors of Tina’s mother and stepfather, Thomas and Diana Taylor. Indeed, the homes of the two families were located approximately 70 yards apart from each other. In spite of their proximity, however, the Gowers and Taylors have a documented history of animosity towards each other, which has occasionally necessitated the involvement of law enforcement officers. For example, on *664 October 31, 1999, Deputy William Oliger, who is not a party to this suit, and Defendant Deputy Jeffrey Vercler of the Cham-paign County Sheriffs Department responded to an emergency call alleging a domestic disturbance at the Gower residence. Diana Taylor had placed the call, requesting assistance and stating that her husband and Keith Gower were exchanging verbal insults across their respective property -lines. After the deputies had investigated the matter, Gower told them that he was going to stay somewhere else for the remainder of the night so that he could “cool off.” Having diffused the situation and assured the safety of the parties, the deputies refrained from issuing any citations nor did they make any arrests.

A few months later, on the evening of February.il, 2000, the two families again engaged in a dispute, this time due to the Gowers’ refusal to allow their son Preston to visit the Taylors’ home. When they returned home that evening, Diana Taylor told the Gowers that she was going to take Preston with her. However, the Gowers refused to allow Preston to go because they were concerned that Diana’s smoking would aggravate his asthmatic condition. 1 This sparked an argument, which resulted in Thomas Taylor, who was nearby, getting involved. Thomas allegedly charged up the driveway of the Gower home and simultaneously appeared to be reaching for a buck knife that he commonly carried in his back pants pocket; however, neither party alleges a weapon was ever brandished. In response to this perceived threat, Gower stated that he went back to the kitchen and grabbed a six-inch chefs knife and held the weapon out of view while he returned to the front door where his wife Tina was trying to reason with her stepfather. 2 According to the Gowers, the Taylors continued to demand that Preston remain with them and repeatedly asked the Taylors to leave. However, Thomas Taylor claims that Keith Gower also waived the knife he was holding at him and threatened that “he [was] going to urinate on [Thomas’s] grave when [he was] dead.” (Tr. 141.) In any event, Thomas retreated before the argument escalated into physical violence and Diana called the police. Once again Deputy Oliger was one of the officers who responded to the call, but for a second time, he refrained from issuing any citation or making any arrests. Instead he suggested to the parties that they apply for orders of protection against each other, if they should be so inclined.

The next morning, February 12, 2000, Champaign County deputies responded to yet another heated confrontation between the Gowers and Taylors, which is the subject of this action. Just before 6:00 a.m., Diana Taylor placed a 911 call alleging that a domestic disturbance had once again occurred involving Keith Gower and her husband. Deputy Vercler was the first to respond to the dispatch and, while en route to the scene, he was informed by the sheriffs department dispatcher that deputies had been called to the scene the night before to respond to a domestic disturbance call. Vercler was the first to arrive at the Taylor residence and he proceeded to interview Diana Taylor about the alleged incident. During them conversation, the deputy noted that Mrs. Taylor was “very upset” and observed her “visibly shaking” and “crying.” (Tr. 160.) Diana informed Vercler that while her husband, Thomas, was leaving for work that morn *665 ing, Keith Gower shouted several obscenities from his residence directed at her and her husband, although: she refused to repeat the exact language used by Gower, stating only that “[i]t’s too horrible.” 3 (Tr. 160.) Continuing his investigation, Deputy Vercler telephoned Thomas Taylor on his mobile phone and talked to him while he was en route to work. Thomas informed Vercler that, as he was walking to his garage to leave for work, Gower shouted “fuck you” three or four times, called him “a fat son-of-a-bitch,” and made noises that sounded like a clucking chicken. (Tr, 176.) Deputy Vercler testified at trial that, during his investigation, he also learned from Diana (and perhaps from the emergency police dispatch call, although he could not remember for certain) that during the altercation the previous evening Gower had brandished a butcher knife.

After Vercler had completed his investigation with the Taylors, Defendant Sheriffs Deputy Ryan Garrett arrived on the scene, and the two deputies proceeded to the Gower residence. At trial, the parties gave conflicting accounts of the incident that .followed. Gower testified that he never gave the deputies permission to enter into his house. Rather, he stated that, after getting up to call the. family, he went back to sleep and later awoke to a loud knock on the door. He thought the noise was made by his seven-year-old, son, Preston, who, according to the Gower, would on occasion jokingly make “fake knock[ing]” sounds. (Tr. 62.) When Preston yelled to his father that people were at the front door, Gower testified that he responded with “Ha, ha. Very funny, Preston. Ha, ha.” Id. Gower stated that when he heard adult voices in the living room shortly thereafter, he called out to Preston and inquired as to whom he had let into the house, 4 at which time he heard someone say, “Keith, can you come out in the living room, please.” (Tr.

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Bluebook (online)
377 F.3d 661, 2004 U.S. App. LEXIS 15281, 2004 WL 1636966, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keith-gower-v-jeffrey-vercler-and-ryan-garrett-ca7-2004.