Meyer v. Board of County Commissioners

482 F.3d 1220
CourtCourt of Appeals for the Tenth Circuit
DecidedApril 16, 2007
DocketNo. 04-6106
StatusPublished

This text of 482 F.3d 1220 (Meyer v. Board of County Commissioners) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Meyer v. Board of County Commissioners, 482 F.3d 1220 (10th Cir. 2007).

Opinion

HOLLOWAY, Circuit Judge.

I

Introduction

Plaintiff/appellant Deborah Meyer was involuntarily committed over a weekend to Oklahoma’s Western State Psychiatric Center, an in-patient facility for treatment of the mentally ill and a part of the Oklahoma Department of Mental Health. Ms. Meyer brought an action under 42 U.S.C. § 1983, with pendent state law claims, against various officials and two private citizens who were involved in the affair. Defendants/appellees are the Board of County Commissioners of Harper County, Oklahoma; Shawn Stoddard, individually and in his official capacity as a deputy sheriff for Harper County, Oklahoma; Josh Snider, individually and in his official capacity as a deputy sheriff for Harper County, Oklahoma; Tommy Painter, individually and in his official capacity as a deputy sheriff for Harper County, Oklahoma; Mark Erwin, individually; and Beth Snell, individually.1

[1235]*1235The district judge granted summary judgment on qualified immunity grounds in favor of all defendants (except that on plaintiffs Fourteenth Amendment claims the district court did not reach the qualified immunity issue, see n. 4, infra), and plaintiff brings this appeal. The court also dismissed without prejudice all state law claims after deciding the federal claims.

II

Factual Background

This summary is largely taken from the district court’s opinion, I Aplt.App. 251-266, but we have made some additions from the materials that were submitted to the district court in connection with the various motions for summary judgment and responses in opposition to those motions. Of course all facts are stated in the light most favorable to plaintiff as the party opposing summary judgment.

Plaintiff had been in a romantic relationship with defendant Mark Erwin, an employee of the Town of Buffalo, for a few months when they broke up, less than amicably, sometime in the spring of 2001. During their relationship, Erwin told Meyer that he was a “ten man” in the Ku Klux Klan, which he told her meant that he was an “enforcer” in the organization. Ill Aplt.App. 83£M:0. Erwin was frequently angry with Meyer. He also began expressing anger toward his sister, defendant Beth Snell, and made threats against her. Id. at 840-42.

Plaintiff testified that the defendant law enforcement officers — -Stoddard, Painter, Snider and Wheaton — were personal friends of Mark Erwin. In an affidavit, plaintiff Meyer said that, during the time she had been dating Erwin, she often saw the four other men coming to Erwin’s camper to socialize with him.

On the evening of May 17 (or perhaps the early hours of May 18), plaintiff went outside her rural home to investigate a noise she had heard. She said that she was “sucker punched” in the face with great force and knocked to the ground. She alleges that her assailant was Erwin, but it is not clear when she first identified him as her attacker. She did not report the attack that night.

The next night, actually in the early morning hours of Saturday, May 19, plaintiff called the county dispatcher to report trespassers on her property. When Harper County Deputy Sheriff Snider arrived, plaintiff also. tried to report the attack from the previous night. Deputy Snider told her she would have to go to town to report that crime.

On the evening of May 19, plaintiff went to Buffalo, the county seat, to make the report. On the way, she saw Erwin at a convenience store and stopped to confront him. She told him to stay away from her. She then went to the county sheriffs office to make an assault report to the dispatcher, who served both the city and the county. The dispatcher told plaintiff that they “didn’t do that” there.

Plaintiff Meyer then went to the home of the city police chief and told him that the sheriffs office wouldn’t take her report. Even though Ms. Meyer’s home, where the attack occurred, was some 18 miles out of town, and so not in the jurisdiction of the Town of Buffalo, the police chief told her to go to the police station, and he had an officer, defendant Wheaton, meet her there. Wheaton photographed her bruises [1236]*1236and said that he would consult with the sheriffs office.

After leaving the police station, plaintiff went to confront Erwin again. She knew that his family was having a graduation party for Erwin’s niece at the office of Wheatland Commodities, a business owned by Erwin’s sister, defendant Beth Snell. At this office plaintiff confronted Erwin in the presence of Snell and her husband. She showed her bruises and asked Erwin if he wanted to “finish what he’s started.” Plaintiff told Ms. Snell that Erwin was an “enforcer” with the KKK and that he was planning to murder her, Snell. Snell told plaintiff that she was crazy and ordered her to leave. Plaintiff refused and defendant Snell called the sheriffs office to report that plaintiff was “crazy” and refusing to leave. Plaintiff says that she never became violent and never threatened violence during this verbal confrontation. I ApltApp. 83-86; II Aplt.App. 426. Testifying in another proceeding, Beth Snell said that there had been no violence and no threats; she also testified that all of the family members present at the Wheatland Commodities office when the defendant officers arrived had told them that plaintiff had not threatened them. Id. at 453-54 On appeal, defendants do not contend that plaintiff became violent or threatened violence during this incident.

Officer Wheaton and Sheriffs Deputies Stoddard, Snider and Painter came to the scene. Plaintiff was asked to wait in her vehicle. She got in her vehicle willingly and stayed there calmly while the officers interviewed Erwin and the Snells. Id. at 425, 427; III Aplt.App. 810. None of the officers attempted to take any sort of statement from plaintiff or to ask her any questions. It was decided that an emergency order of detention for psychiatric evaluation should be sought. The record is unclear as to how this decision was made and by whom. The district court noted that the defendant deputies — Stoddard, Snider, and Painter — had argued that they did not cause or contribute to the detention. See Order at 6, n. 1,1 ApltApp. 256. The court said, however, that genuine issues of material fact as to their participation in her detention precluded summary judgment on Meyer’s Fourth Amendment claim on that ground. Id.

At some point defendant Deputy Stod-dard left the scene and called Western State Psychiatric Center. He returned and informed Officer Wheaton that the Center staff had advised that Plaintiff could be brought in for examination. Plaintiff maintains that from the time the officers arrived until they handcuffed her and took her away, a span of about one hour, she had been calm and cooperative. The unsworn “Peace Officer’s Affidavit For Emergency Detention” by Officer Wheaton, which is included in the Western State records, makes no mention of any violence or threats by plaintiff, nor of any resistance to them at any time. Ill Aplt. App. 682.

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Bluebook (online)
482 F.3d 1220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meyer-v-board-of-county-commissioners-ca10-2007.