Rainsberger v. Benner

913 F.3d 640
CourtCourt of Appeals for the Seventh Circuit
DecidedJanuary 15, 2019
DocketNo. 17-2521
StatusPublished
Cited by66 cases

This text of 913 F.3d 640 (Rainsberger v. Benner) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rainsberger v. Benner, 913 F.3d 640 (7th Cir. 2019).

Opinion

Barrett, Circuit Judge.

William Rainsberger was charged with murdering his elderly mother. But the detective who built the case against him, Charles Benner, may have been dishonest. According to Rainsberger, Benner submitted a probable cause affidavit that was riddled with lies and undercut by the omission of exculpatory evidence. Based on that affidavit, Rainsberger was arrested, charged, and imprisoned for two months. When the prosecutor dismissed the case because of evidentiary problems, Rainsberger sued Benner under 42 U.S.C. § 1983 for violating his Fourth Amendment rights. Benner moved for summary judgment, arguing that he was entitled to qualified immunity. The district court denied his motion, and he now asks us to reverse the district court.

We decline to do so. Benner concedes for purposes of this appeal that he knowingly *643or recklessly made false statements in the probable cause affidavit. He emphasizes, however, that knowingly or recklessly misleading the magistrate in a probable cause affidavit-whether by omissions or outright lies-only violates the Fourth Amendment if the omissions and lies were material to probable cause. He claims that his weren't, but we disagree. Materiality depends on whether the affidavit demonstrates probable cause when the lies are taken out and the exculpatory evidence is added in. And when that is done here, Benner's affidavit fails to establish probable cause to believe that Rainsberger murdered his mother. Because it is clearly established that it violates the Fourth Amendment "to use deliberately falsified allegations to demonstrate probable cause," Franks v. Delaware , 438 U.S. 154, 168, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), Benner is not entitled to qualified immunity.

I.

We start with an issue that affects both appellate jurisdiction and our rendition of the facts. This is an appeal from the district court's order denying Benner's motion for summary judgment on the ground of qualified immunity. In the normal course, we lack jurisdiction to review an order denying summary judgment because it is not a "final decision" under 28 U.S.C. § 1291. See Gutierrez v. Kermon , 722 F.3d 1003, 1009 (7th Cir.2013). But because "qualified immunity is in part an entitlement not to be forced to litigate the consequences of official conduct," Mitchell v. Forsyth , 472 U.S. 511, 527, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985), the denial of qualified immunity is an appealable interlocutory decision-at least insofar as it turns exclusively on a question of law, id. at 530, 105 S.Ct. 2806. That qualification is significant: because our authority extends only to questions of law, an officer can obtain interlocutory review only if he refrains from contesting any fact that a reasonable jury could resolve against him. See Jones v. Clark , 630 F.3d 677, 680 (7th Cir.2011) ("In a collateral-order appeal ..., where the defendants say that they accept the plaintiff's version of the facts, we will take them at their word and consider their legal arguments in that light. If, however, we detect a back-door effort to contest the facts, we will reject it and dismiss the appeal for want of jurisdiction."). Benner does so here. For purposes of this appeal, he accepts as true Rainsberger's version of all facts that are in material dispute-most significantly, that he knowingly or recklessly made false or misleading statements in the affidavit that secured Rainsberger's arrest. In what follows, then, we recount the facts that we must take as true, drawing all inferences in Rainsberger's favor. The legal question that we must decide is whether Benner is entitled to qualified immunity on these facts.

A.

Rainsberger was the primary caregiver for his mother, Ruth, who was 88 years old and suffering from dementia.1 Ruth lived alone in an apartment in a high-crime area; Rainsberger lived nearby. He checked on her daily, did her grocery shopping, and handled her finances. His siblings Robert and Rebecca also helped care for Ruth, although they saw her less frequently.

*644At approximately 3:30 p.m. on November 19, 2013, Rainsberger went to Ruth's apartment and found the door unlocked. When he entered, he discovered Ruth lying facedown on the floor with a blanket covering her shoulders and head. She was breathing, but with difficulty. There was a large circle of dried blood on the blanket and a pool of congealed blood on the floor. Rainsberger did not remove the blanket because he believed that it was acting as a bandage, and he feared that the bleeding would increase if he pulled it off.

Rainsberger called 911 from his mother's landline at 3:37 p.m. He told the operator that someone had "bashed [his mother's] head in." He then called his brother Robert and told him to come to the apartment immediately. Rainsberger waited outside for the ambulance because Ruth's apartment was difficult to locate within the complex.

When paramedic Carl Wooldridge arrived, Rainsberger told him that someone had "caved his mother's head in." Wooldridge observed that the blanket covering Ruth's head appeared to be stuck to a wound. He noticed "somewhat of a hole in [the blanket] where the wound was," and when he peeled the blanket off, "there was a mark ... on her forehead that [he] believed to be an entrance wound." Based on those observations, Wooldridge told fire and ambulance personnel that Ruth had been shot-a conclusion that the emergency personnel thought odd, given the lack of blood splatter on the walls or ceiling. As it turned out, Rainsberger, not Wooldridge, had it right: Ruth died of blunt force trauma to the head.

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913 F.3d 640, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rainsberger-v-benner-ca7-2019.