Owens v. Carpenay

939 F. Supp. 558, 1996 U.S. Dist. LEXIS 12855, 1996 WL 506575
CourtDistrict Court, E.D. Michigan
DecidedAugust 28, 1996
DocketNo. 95-70017
StatusPublished
Cited by3 cases

This text of 939 F. Supp. 558 (Owens v. Carpenay) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Owens v. Carpenay, 939 F. Supp. 558, 1996 U.S. Dist. LEXIS 12855, 1996 WL 506575 (E.D. Mich. 1996).

Opinion

OPINION AND ORDER GRANTING DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT

ROSEN, District Judge.

I. INTRODUCTION

Plaintiff Leonard Desmond Owens (“Plaintiff”) filed this suit in Wayne County Circuit Court on November 28, 1994, alleging that Defendants Derrick Carpenay, John Hall, Jeffrey Paeholski, Glynn Davis, and Billy Jackson (“Defendants”), all City of Detroit Police Officers,1 unlawfully arrested Plaintiff in violation of his Fourth and Fourteenth Amendment rights, and also committed the state-law torts of false arrest and malicious prosecution. Defendants removed this action to this Court based on Plaintiffs assertion of a federal claim under 42 U.S.C. § 1983. See 28 U.S.C. §§ 1441(a), 1367(a).

On July 31, 1995, Defendants filed a motion for partial summary judgment, seeking summary judgment on Plaintiffs state-law claims of false arrest and malicious prosecution. Specifically, Defendants contend that probable cause existed to arrest and prosecute Plaintiff for the felony offense of carrying a handgun in an automobile. Accordingly, because lack of probable cause is an essential element of Plaintiffs state-law claims, Defendants argue that they are entitled to summary judgment on those claims. Plaintiff responded to this motion on September 20, 1995.

On November 16,1995, the Court conducted a hearing on Defendants’ motion. After considering the arguments raised by counsel at that hearing, the Court invited the parties to submit supplemental briefs; both Plaintiff and Defendants have done so. Upon reviewing the initial and supplemental materials submitted by the parties, as well as the arguments advanced by counsel at the hearing, the Court is now prepared to rule on Defendants’ motion. For the reasons stated below, the Court hereby grants Defendants’ motion for partial summary judgment.

II. FACTUAL BACKGROUND

Plaintiffs suit arises from the allegedly unlawful conduct of the Defendant police officers after they stopped Plaintiffs automobile, a red Ford Mustang, on March 20, 1994. In a subsequent search of Plaintiffs automobile, Defendant City of Detroit Police Officer Car-penay discovered a Glock 9-millimeter handgun in a duffel bag. Based on this discovery, Plaintiff was charged with the felony offense of carrying a handgun in a motor vehicle in violation of Mich.Comp.Laws § 750.227. In a signed statement to the police on the day of his arrest, Plaintiff admitted that he owned the handgun and the automobile in which it was found. However, Plaintiff contends that Defendants unlawfully arrested him before they searched his car, and that the subsequent discovery of the handgun therefore could not furnish probable cause for his prior arrest.

Plaintiff and Defendants offer significantly different versions of the incidents surrounding Plaintiffs arrest. However, the parties essentially agree on the events up to the point at which Plaintiffs automobile was stopped by Defendants. Plaintiff, a City of Detroit firefighter, was driving alone in his car, and was following a green Ford Mustang and a silver Corvette that were being driven by two of Plaintiffs friends, who were also firefighters. A van pulled in between the green Mustang and the two following cars, and the Corvette and Plaintiffs automobile accelerated around the van in order to keep in sight of the green Mustang. The three cars then turned into a residential neighborhood.

[561]*561Shortly thereafter, as the three cars parked in front of their destination, the van stopped among the parked ears and the Defendant police officers emerged. The officers were all members of a Detroit police narcotics team, and were all wearing their “raid uniforms” when they stopped Plaintiff and his friends. In addition, the officers apparently all emerged from the van with their weapons drawn. While the other officers attended to Plaintiffs friends, Officer Carpenay approached Plaintiff.

Sergeant Jackson, the only Defendant apart from Officer Carpenay who remains in this action, was the driver of the van and the highest ranking officer at the scene. At his deposition, Defendant Jackson cited three reasons for pursuing Plaintiff and his friends. First, he believed the cars were speeding, but he admitted at an evidentiary hearing during Plaintiffs state-court criminal prosecution that he could not estimate their speed and that no traffic tickets were issued. In fact, Defendants apparently were not carrying a ticket book suitable for issuing traffic tickets. Next, Defendant Jackson noted that two of the three cars passed the van to the left of the center line on a two-way street, but it is not clear whether this constituted a traffic violation. Finally, the fact that the three “hot” cars were “running together” or “caravanning” caused Defendant Jackson to suspect that the occupants of the cars might be involved in illegal drug transactions.

The parties provide substantially different accounts of the events following the arrival of the police van amidst the parked cars. Defendant Carpenay testified at his deposition that Plaintiff was still in his car with the driver’s window rolled down when the van arrived, and that he asked Plaintiff to exit the vehicle only upon seeing a handgun protruding from a duffel bag in the rear seat. However, Plaintiff contends that he was no longer in his car by the time the police van arrived, and that his ear was locked with its windows rolled up. Because Plaintiffs car has darkly tinted windows, he asserts that Defendant Carpenay could not have seen anything through the rolled-up windows.

Plaintiff claims that Defendant Carpenay’s questioning of him quickly escalated to a full-scale arrest after another officer remarked that one of Plaintiffs friends had a gun. At that point, according to Plaintiff, Defendant Carpenay grabbed Plaintiff by the waist of his pants, led him over to his ear, ordered him to spread his hands over the top of the vehicle, and patted him down. Despite finding nothing during that pat-down search, Defendant Carpenay then took Plaintiffs car keys from him, unlocked the car, and removed a duffel bag from the rear seat. Plaintiff asserts that Defendant Carpenay found the handgun at the bottom of the duffel bag only after first opening it and removing such items as a blanket, a pillow, and several sheets. Upon finding the gun, Defendant Carpenay handcuffed and formally arrested Plaintiff. Plaintiff was charged with the felony offense of carrying a handgun in a motor vehicle in violation of Mieh.Comp. Laws § 750.227.

On April 1, 1994, following a preliminary examination, Michigan District Court Judge Svenson ordered Plaintiff bound over for trial, based upon a finding that probable cause existed to believe that Plaintiff had committed the felony offense with which he was charged. However, on July 5, 1994, at the conclusion of an evidentiary hearing in the criminal case against Plaintiff, Michigan Recorder’s Court Judge Cahalan granted Plaintiffs motion to suppress, finding that the prosecution had failed to meet its burden of showing that the warrantless search of Plaintiffs vehicle was proper. All charges against Plaintiff were subsequently dismissed.

III. ARGUMENTS OF THE PARTIES

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Bluebook (online)
939 F. Supp. 558, 1996 U.S. Dist. LEXIS 12855, 1996 WL 506575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/owens-v-carpenay-mied-1996.