Manuel v. City of Columbus

86 F. App'x 852
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 21, 2004
DocketNo. 02-3637
StatusPublished
Cited by2 cases

This text of 86 F. App'x 852 (Manuel v. City of Columbus) 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
Manuel v. City of Columbus, 86 F. App'x 852 (6th Cir. 2004).

Opinion

COOK, Circuit Judge.

Plaintiff Richard D. Manuel summoned the police to stop a threatening crowd of gang members outside his Columbus home. Before the police arrived, Manuel, carrying an unloaded pistol, walked out onto his front porch and ordered the gang members to leave. When the police did arrive, they arrested Manuel for aggravated menacing. Claiming the police lacked probable cause to arrest him. Manuel sued the City of Columbus and officers J.D. Ehrenborg and Andrew Beeler, alleging a violation of the rights guaranteed to him by the Fourth and Fourteenth Amendments of the United States Constitution through 42 U.S.C. § 1983. The district court granted summary judgment to all Defendants on these claims and we AFFIRM.

I. BACKGROUND

Columbus police knew Manuel as a concerned citizen who was troubled by the rising drug activity and prostitution in his neighborhood. On a number of occasions, Manuel notified the police about illegal activity he was seeing. Manuel took the view that because of this cooperation with the police, the neighborhood criminals began retaliating against him. In fact, in the two weeks prior to his arrest, Manuel reported two incidents of suspected retaliation-trespassing on his property-to the police.

On December 4, 1999, Manuel noticed a crowd gathering near his home and recognized several individuals as local drug dealers. Fearing trouble, he called the police for assistance. The responding officer spoke with members of the crowd, but left without dispersing it. According to Manuel, the crowd continued to grow until people entered his property and “pound[ed], kick[ed], and [threw] bottles” at his home. (J.A. at 11.) Manuel telephoned the police again and waited for a response. Manuel claims that when he saw a shadowy figure on his front porch and heard the crowd’s threatening chanting that he be killed and his house burned down, he decided that he could no longer wait for the police to arrive. Manuel testified that while still on the phone with the police dispatcher, he carried an unloaded pistol onto the front porch and, with the pistol at his side and his cell phone in the air, ordered the gang from his property.

The police arrived soon after and interviewed both Manuel and members of the crowd. Manuel admitted to the police that he responded to the crowd’s threats with gun in hand, telling them to leave his property. The crowd witnesses contradicted Manuel’s story, telling the officers that Manuel threatened them with a pistol while they were lawfully standing at a bus stop. The police did not arrest any of the purported trespassers, but instead arrested Manuel for aggravated menacing.

Manuel filed the present action under 42 U.S.C. § 1983 against Officers Ehrenborg and Beeler, in their individual and official capacities, claiming that they violated rights guaranteed him by the Fourth and Fourteenth Amendments to the United States Constitution. He also sued the City of Columbus under 42 U.S.C. § 1983 contending that its policies and customs proximately caused the officers’ violation of his rights.

II. ANALYSIS

A. Standard of Review

We review the district court’s grant of summary judgment de novo. Bukowski v. City of Akron, 326 F.3d 702, 707 (6th Cir.2003), and may affirm the judgment on any ground supported by the record. Wausau Underwriters Ins. Co. v. Vulcan Dev., Inc., 323 F.3d 396, 403-04 (6th Cir.2003). Summary judgment is appropriate [854]*854only if we find that the pleadings, answers to interrogatories, depositions, and admissions, combined with the supporting affidavits, show that there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c). In considering a motion for summary judgment, we construe all reasonable factual inferences in favor of the nonmoving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). If, after construing the evidence in a light most favorable to Manuel, “the evidence is merely colorable or is not significantly probative,” summary judgment is appropriate. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (citations omitted).

B. The Officers

The district court granted summary judgment to the officers, finding that probable cause to arrest Manuel precluded any liability for violating his Fourth Amendment rights. Because the district court granted the officers’ motion for summary judgment on this ground, it did not consider their qualified immunity defense. Courts should, however, resolve questions of qualified immunity in the earliest possible stage of litigation because qualified immunity is immunity from “suit rather than a mere defense to liability,” and “it is effectively lost if a case is erroneously permitted to go to trial.” Mitchell v. Forsyth, 472 U.S. 511, 526, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985). We thus proceed directly to the officers’ claim that they are immune from suit and examine whether the summary judgment record, when construed most favorably to Manuel, conclusively supports a qualified immunity defense for Ehrenborg and Beeler as a matter of law. Saucier v. Katz, 533 U.S. 194, 201, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001).

Qualified immunity shields government officials performing discretionary functions from civil damages as long as their “conduct does 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, 73 L.Ed.2d 396 (1982). If the officers’ conduct did not violate a statutory or constitutional right, the officers are immune from suit and there is no need to proceed to the second prong of inquiry-whether the right was clearly established at the time of arrest so that a reasonable officer would have understood that his conduct violated that right. Saucier, 533 U.S. at 201, 121 S.Ct. 2151.

Manuel claims that Officer Ehrenborg and Sergeant Beeler violated his Fourth Amendment guarantee against unreasonable searches and seizures, applicable to state action through the Fourteenth Amendment, by arresting him without probable cause. Michigan v. DeFillippo, 443 U.S. 31, 36, 99 S.Ct. 2627, 61 L.Ed.2d 343 (1979); Crockett v. Cumberland College,

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86 F. App'x 852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manuel-v-city-of-columbus-ca6-2004.