Micki Ann Ramie v. City of Hedwig Village, Texas

765 F.2d 490, 1985 U.S. App. LEXIS 30943
CourtCourt of Appeals for the Fifth Circuit
DecidedJuly 15, 1985
Docket84-2323
StatusPublished
Cited by48 cases

This text of 765 F.2d 490 (Micki Ann Ramie v. City of Hedwig Village, Texas) 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
Micki Ann Ramie v. City of Hedwig Village, Texas, 765 F.2d 490, 1985 U.S. App. LEXIS 30943 (5th Cir. 1985).

Opinion

REAVLEY, Circuit Judge:

Micki Ann Ramie brought a civil rights action, 42 U.S.C. § 1983 (1982), against the City of Hedwig Village, Rex White, William Rush, and Jimmy Jones for violating her constitutional right to privacy. After the district court directed a verdict in favor of Jones, the jury awarded Ramie $122,000, and the district court awarded her $43,-607.85 for attorney’s fees and costs, see 42 U.S.C. § 1988 (1982). The City, White, and Rush appeal. Holding that no constitutional right was violated, we reverse.

White, a sergeant on the City’s police force, received a complaint from a citizen that a man dressed as a woman, representing himself as an undercover city police officer, had assaulted her son. White’s investigation led him to Ramie. Ramie, a female, suffers from congenital adrenal hy-perplasa, a condition that causes her to overproduce male hormones, giving her certain male secondary sex characteristics such as a deep voice and facial hair.

At the request of White, Ramie voluntarily appeared at the police headquarters for *492 questioning. What occurred during the questioning was hotly contested at trial. According to Ramie, the questioning lasted approximately an hour and fifteen minutes, during which White and Rush repeatedly questioned and harassed her about her gender, threatened to send her to the penitentiary if she did not admit she was a man and act and dress accordingly, and asked whether she believed in Jesus Christ. According to White and Rush, the questioning lasted about twenty minutes. During the interview, they questioned Ramie about her sex to determine her identity and inquired about her religious beliefs only after she had indicated that her present lifestyle bothered her. White and Rush, although with hindsight they confessed that they may have committed some indiscretions, denied that they threatened or harassed Ramie.

On appeal, the City, White, and Rush first argue that there was no evidence to support a finding that Ramie’s constitutional right to privacy was violated. 1 Ramie argues that evidence of White and Rush questioning her about her gender and religious beliefs supported the jury’s finding.

The Constitution protects individuals against invasion of their privacy by the government. See Whalen v. Roe, 429 U.S. 589, 598-602, 97 S.Ct. 869, 876-78, 51 L.Ed.2d 64 (1977); Fadjo v. Coon, 633 F.2d 1172, 1175-77 (5th Cir.1981); DuPlantier v. United States, 606 F.2d 654, 669-71 (5th Cir.1979), cert. denied, 449 U.S. 1076, 101 S.Ct. 854, 66 L.Ed.2d 798 (1981); Plante v. Gonzales, 575 F.2d 1119, 1132 (5th Cir.1978), ce rt. denied, 439 U.S. 1129, 99 S.Ct. 1047, 59 L.Ed.2d 90 (1979). The liberty interest in privacy encompasses two notions: the freedom from being required to disclose personal matters to the government and the freedom to make certain kinds of decisions without government interference. Whalen, 429 U.S. at 599-600, 97 S.Ct. at 876, 51 L.Ed.2d at 73. The disclosure strand of the privacy interest in turn includes the right to be free from the government disclosing private facts about its citizens and from the government inquiring into matters in which it does not have a legitimate and proper concern. Id. at 600-02, 97 S.Ct. at 877-78, 51 L.Ed.2d at 73. There was no evidence that either police officer or the City disclosed any information obtained during the questioning. Therefore, Ramie’s claim is that the asking of the questions about her gender and religious beliefs constituted a violation of her constitutional right to privacy.

To determine whether the questioning amounted to a violation of Ramie’s right to privacy, this court must decide whether the invasion of privacy proved by Ramie outweighs the government’s legitimate interests. See id., 97 S.Ct. at 877-78, 51 L.Ed.2d at 74; Fadjo, 633 F.2d at 1176. In McNally v. Pulitzer Publishing Co., 532 F.2d 69, 76-77 (8th Cir.), cert. denied, 429 U.S. 855, 97 S.Ct. 150, 50 L.Ed.2d 131 (1976), the court stated that the Constitution is violated only by invasions of privacy involving the most intimate aspects of human affairs. For example, in Whalen, 429 U.S. at 602, 97 S.Ct. at 878, 51 L.Ed.2d at 75, the Court held that requiring the disclosure of persons receiving medications to state health agencies did not amount to an impermissible invasion of privacy, especially where there is regular disclosure of similar information to doctors, hospital personnel, and public health agencies. Gender and religious beliefs are generally not such intimate matters and are subject to public exposure. Ramie’s license, which she showed to White and Rush, indicated her gender. Furthermore, Ramie introduced evidence at trial that she regularly attended church. Weighed against this slight invasion of privacy stands the City’s legit *493 imate interest in questioning persons suspected of committing crimes. Although in retrospect some question may be determined to be irrelevant and not within the government’s proper sphere of concern, police officers must have the freedom at least to ask the questions they believe will aid them in the investigation. Because we hold that the government’s interest in conducting criminal investigations outweighs any invasion of Ramie’s privacy, Ramie failed to present evidence that her constitutional rights were violated.

An undercurrent running through this case, both at trial and on appeal, is that White’s and Rush’s manner in asking the questions violated her constitutional right to privacy. Ramie, however, cites no case to support the proposition that asking otherwise proper questions in an abusive and harassing manner amounts to an unconstitutional invasion of privacy. That abusive and harassing police questioning does not violate the constitutional right to privacy does not mean that persons so treated are without legal rights. Confessions obtained through coercive tactics are, of course, inadmissible. State tort remedies may also be available.

Because we hold that Ramie failed to prove that her constitutional right to privacy was invaded, we reverse and need not reach the remaining issues raised by the City, White, and Rush. Because there was considerable confusion at trial as to what is required to establish municipal liability under section 1983, however, we address that matter briefly.

In Monell v. Department of Social Services, 436 U.S. 658, 98 S.Ct.

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765 F.2d 490, 1985 U.S. App. LEXIS 30943, Counsel Stack Legal Research, https://law.counselstack.com/opinion/micki-ann-ramie-v-city-of-hedwig-village-texas-ca5-1985.