Myers v. Patterson

819 F.3d 625, 2016 U.S. App. LEXIS 6543, 2016 WL 1397805
CourtCourt of Appeals for the Second Circuit
DecidedApril 11, 2016
DocketDocket No. 14-2554-cv
StatusPublished
Cited by70 cases

This text of 819 F.3d 625 (Myers v. Patterson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Myers v. Patterson, 819 F.3d 625, 2016 U.S. App. LEXIS 6543, 2016 WL 1397805 (2d Cir. 2016).

Opinion

CALABRESI, Circuit Judge:

The case before us concerns Plaintiff Julia Johnson’s appeal from the district court’s grant of qualified immunity to Defendant Police Officer Patterson. The district court dismissed Johnson’s claim against him by reason of his having seized [628]*628her for psychiatric evaluation based on her supposed dangerousness to her son DJM.

In response to reports from DJM’s school that DJM’s mother was behaving in an irrational manner, Nassau County Child Protective Services (CPS) opened an investigation, led by CPS caseworker Jodi Weitzman. As a result of her investigation, Weitzman eventually summoned police to meet her at Johnson’s home, where according to notes from the record, she and Officer Patterson “agreed that mo[ther] should be sent for a psych eval as her behavior was irrational.”

We are now called on to decide whether Officer Patterson is entitled to qualified immunity, thereby barring Johnson’s claim that he violated her Fourth Amendment rights by arresting her. Unfortunately, the record evidence of what happened that evening consists only of the terse notes of the CPS caseworkers. And those notes lack indicia of, or specific observations substantiating, Johnson’s “dangerousness”; nor do they show that Patterson reasonably relied on communications from Weitz-man or others in making the seizure. Moreover, and notably, there is no statement by Patterson in the record.

On the current record, we cannot affirm the district court’s grant of qualified immunity to Officer Patterson on Johnson’s claim. Without evidence regarding the grounds for Patterson’s decision, we are unable to determine whether his actions were contrary to,.clearly established law. Accordingly, and without considering the many unresolved legal questions in this area, we vacate the district court’s grant of qualified immunity and remand to the district court for further expansion of the record as-to-the basis on which the arrest was made, and for reevaluation of Patterson’s entitlement to qualified immunity on the basis of an expanded record.

BACKGROUND

The ease before us arises from the involvement of Officer Patterson in the August 20, 2008 seizure and involuntary hospitalization of Plaintiff-Appellant Julia Johnson. Patterson arrested Johnson in the course of an attempted interview of Johnson’s son pursuant to a CPS neglect investigation. Caseworker notes from that CPS investigation constitute the factual corpus underlying both Patterson’s motion for summary judgment and .our description of the investigation and subsequent events leading to Johnson’s seizure. These notes are essentially contemporaneous records of the course of the CPS investigation, with entries recorded the day they occurred, or within a few weeks. Weitzman, a CPS caseworker who was actively involved in the investigation of Johnson and who was present during Johnson’s arrest, made the majority of the entries.

The Investigation

On June 20, 2008, an employee at DJM’s school called the New York state child abuse hotline to allege that Johnson was acting oddly and to express “concern that there would be no one to check on [the] child.” Caseworker Notes, Dist. Ct. Dkt. No. 155-3, at 2; Johnson v. Myers, No. 10-CV-1964(JS)(WDW), 2014 WL 2744624, at *1 (E.D.N.Y. June 16, 2014). According to the caseworker notes, the caller stated that the mother (i) had refused to sign emergency contact cards with a home phone number for DJM, (ii) had refused to sign permission slips for school trips, (iii) had written letters to the FBI with the school cc’ed, (iv) had “attended an award assembly where she only took notes,” (v) had made “unusual inquiries about other children” at the school, and (vi) had grown “furious” with the school when DJM’s father picked him up, demanding to see the father’s signature. Caseworker Notes, Dist. Ct. Dkt. No. 155-[629]*6293, at 2.1

On the same day as the school employee’s call, Weitzman tried to contact Johnson by going to her home, and she was able to meet with DJM’s father, Eddie Myers, Jr., at the home. According to the caseworker notes, Myers responded to the allegations against Johnson by stating that DJM was “safe with” Johnson. He elaborated that while Johnson -had “her moments,” they were “never toward” DJM. Myers “stated [that] [Johnson] does not get physical when she gets angry.” Rather, according to Myers, Johnson was “like supermom,” and Myers believed “that'everything she does [Was] in [DJM’s] best interest.” Weitzman also observed the home to be “very clean and appropriate” and to contain an “ample food supply.” Id. at 3.

Two days later, CPS returned to Johnson’s home and the notes reflect what appears to be CPS’s first face-to-face contact with Johnson. While Johnson initially refused to grant CPS’s request to speak with DJM, she relented somewhat, allowing the caseworker at least to see the child, who “indicated that he did not want to be interviewed.” Id. at 4. Moreover, in contrast to Myers’s earlier characterization' of Johnson just two days before, Myers now stated that “this behavior,” seemingly referring to Johnson’s obstinate actions towards CPS caseworkers, was “typical of Johnson and- very upsetting to [DJM] and to him.”2 Id. at 4. •

From June to August 2008, CPS caseworkers, including but not limited to Weitzman, made multiple further attempts to speak to Johnson, who was either not there, not answering the door, or not willing to talk.3

The Seizure

On August 20,2008, Johnson was arrested and eventually taken to Nassau University Medical Center (NUMC) against her will. Weitzman’s notes comprise the only evidence in the record about that day.

Because the notes, written in shorthand, play such a primary-role and are terse, we reproducé the relevant section- describing the arrest in its entirety, with all emphasis our own:

C[ase]w[orker] [Weitzman] contacted police when she arrived at [Johnson’s home]. ' [Myers] met with c[ase]w[orker] outside of the home. PO Patterson '# 658 and PO Barret[t] # 476 arrived at the home. [Myers] let police and caseworker into the home. [Johnson] was annoyed and stated she and [DJM] were on their way out to an appointment and did not have time to talk. C[ase]w[orker] told [Johnson] she [the caseworker] needed to talk with [DJM] for a few moments. [Johnson] refused. [John[630]*630son] stated that she doesn’t always hear the doorbell and denies having strange behavior. PO also tried to get [Johnson] to allow c[ase]w[orker] to talk to [DJM]. [Johnson] insisted that she had an appointment and got annoyed. [Johnson] stated that the police would have to arrest her if they wanted to have [DJM7 interviewed. C[ase]w[orker] and police tried to calm [Johnson] down. [Johnson] was very uncooperative. [Johnson] started to act irrational and was telling [DJM] not to talk with c[ase]w[orker]. PO and c[ase]w[orker] agreed that [Johnson] should be sent for a psych evál as her behavior was irrational. Police called the NC paramedics. Paramedic Goldstein # 148 ambulance # 2351 arrived at the home. [Johnson] was evaluated and transported to NUMC for psychological] evaluation]. [Johnson] was uncooperative to paramedic.
C[ase]w[orker] manage[d] to speak with [DJM] briefly. [DJM] stated that [Johnson] makes him meals, breakfast-waffles or french toast and sandwiches or hot dogs for lunch.

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819 F.3d 625, 2016 U.S. App. LEXIS 6543, 2016 WL 1397805, Counsel Stack Legal Research, https://law.counselstack.com/opinion/myers-v-patterson-ca2-2016.