Ramos v. Sedgwick County Sheriff's Department

785 F. Supp. 1457, 1991 U.S. Dist. LEXIS 19705, 1991 WL 323291
CourtDistrict Court, S.D. Florida
DecidedOctober 29, 1991
DocketNo. 87-956-CIV
StatusPublished

This text of 785 F. Supp. 1457 (Ramos v. Sedgwick County Sheriff's Department) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ramos v. Sedgwick County Sheriff's Department, 785 F. Supp. 1457, 1991 U.S. Dist. LEXIS 19705, 1991 WL 323291 (S.D. Fla. 1991).

Opinion

ORDER

MARCUS, District Judge.

THIS CAUSE is before the Court on Plaintiff’s post-trial Motion for Judgment Not Withstanding the Verdict or in the Alternative for a New Trial, and Defendants’ Motion for Judgment Notwithstanding the Verdict and Renewed Motion for Directed Verdict. Three questions are raised by these post-trial motions: (1) whether as a matter of law Defendants are entitled to qualified immunity; (2) whether as a matter of law there existed probable cause to arrest Plaintiff; and (3) whether Plaintiff stipulated and agreed during trial that a finding of qualified immunity was a bar to his pendent state-law claims. For the reasons which follow, we answer these questions in the affirmative. Accordingly, Plaintiff's motion is DENIED, and Defendants’ motion is GRANTED.

Plaintiff Roy Ramos (“Ramos”) brought suit against Defendants Sedgwick County Sheriff’s Department (the “Department”) and Detective Gregg W. Etter (“Etter”), alleging the violation of his civil rights under 42 U.S.C. § 1983 (Count VIII), arising out of Plaintiff’s arrest in connection with the rape and assault of Donna Flowers in the state of Kansas. Specifically, Plaintiff alleged that he was arrested by Defendant Det. Etter without probable cause, albeit pursuant to a warrant issued by a neutral magistrate, and in the course of this illegal arrest was assaulted, slandered, and falsely imprisoned. Plaintiff also filed a number of pendent state-law claims (Counts I, II, III, IV) arising out of the same set of facts, namely false imprisonment, assault, battery, and malicious prosecution. The Defendants claimed that there was probable cause to arrest Plaintiff, and in any event, that they were entitled to qualified immunity since there was “arguable probable cause.” All issues were submitted to the jury, with instructions that, among other things, if either probable cause was found, or if the Defendants were entitled to qualified immunity, the inquiry was ended, the jury need not address the pendent state claims, and the jury was to sign the Verdict Form and return to the courtroom.1 Upon deliberation, the jury concluded that no probable cause was present, but that the Defendants were nonetheless entitled to qualified immunity. Plaintiff now moves the court for Judgment Notwithstanding the Verdict (“JNOV”) as to Count VIII on the issue of Defendants’ entitlement to qualified immunity,2 and for a New Trial as to Counts IIV on the grounds that qualified immunity is not properly a defense to the pendent state law claims. Defendants, in turn, also move the Court for JNOV on the issue of probable cause. Defendants also argue that, during the trial, Plaintiff agreed that in this case a finding of qualified immunity would operate as a bar to the pendent state law claims.

The Eleventh Circuit has set forth the applicable standard for review on the motion for JNOV:

On motions for directed verdict and for judgment notwithstanding the verdict the Court should consider all of the evidence — not just that evidence which supports the non-mover’s case — but in the light and with all reasonable inferences most favorable to the party opposed to the motion. If the facts and inferences point so strongly and overwhelmingly in favor of one party that the Court be[1459]*1459lieves that reasonable men could not arrive at a contrary verdict, granting of the motions is proper. On the other hand, if there is substantial evidence opposed to the motions, that is, evidence of such quality and weight that reasonable and fair-minded men in the exercise of impartial judgment might reach different conclusions, the motions should be denied, and the case submitted to the jury. A mere scintilla of evidence is insufficient to present a question for the jury. The motions for directed verdict and judgment n.o.v. should not be decided by which side has the better of the case, nor should they be granted only when there is a complete absence of probative facts to support a jury verdict. There must be a conflict in substantial evidence to create a jury question.

Von Stein v. Brescker, 904 F.2d 572, 578 (11th Cir.1990) (quoting Boeing Co. v. Shipman, 411 F.2d 365, 374-75 (5th Cir.1969)) (en banc). And regarding the motion for a new trial,

A district court can grant a motion for a new trial if the jury’s verdict is contrary to the great weight of the evidence. Unlike the standard employed in deciding a motion for judgment n.o.v., the court can reweigh the evidence in deciding whether to grant a new trial.

Von Stein v. Brescher, 696 F.Supp. 606, 615 (S.D.Fla.1988) (quoting Popham v. City of Kennesaw, 820 F.2d 1570, 1577 (11th Cir.1987)), rev’d on other grounds, 904 F.2d 572 (11th Cir.1990). Against this framework, we proceed to evaluate the parties’ respective motions.

At the outset it is necessary to define the concepts of probable cause and qualified immunity. As to the former,

a law enforcement officer has probable cause to arrest a suspect if the facts and circumstances within the officer’s knowledge, of which he or she has reasonably trustworthy information, would cause a prudent person to believe, under the circumstances shown, that the suspect has committed, is committing, or is about to commit an offense.... The existence of probable cause to arrest is based on objective standards.

Von Stein, 904 F.2d at 578 (citations omitted). The standard of probable cause is to be measured against a reasonable commonsense understanding of the term. Brinegar v. United States, 338 U.S. 160, 175, 69 S.Ct. 1302, 1310-11, 93 L.Ed. 1879 (1949). The qualified immunity standard is likewise an objective one, and “does not include an inquiry into the officers’ subjective intent or beliefs.” Von Stein, 904 F.2d at 579 (citing Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 2738, 73 L.Ed.2d 396 (1982)). Further,

904 F.2d at 579. Here, for the reasons which follow, we conclude that the facts clearly warrant a finding of “arguable probable cause,” and therefore of qualified immunity. In fact, we believe that the facts strongly support a finding of actual probable cause as a matter of law. Accordingly, we find that Defendant Det. Etter had probable cause to arrest Plaintiff, and is therefore not liable on either the section 1983 or pendent state law claims.3

[1460]*1460The threshold issue is whether a reasonable police officer in the same circumstances and possessing the same knowledge as Det. Etter would have believed that Plaintiff had committed a crime, or that probable cause existed to arrest Plaintiff. The answer derived from the full trial record must strongly be yes. Beyond that, we hold that the facts clearly warrant a finding of arguable probable cause, and therefore a finding of qualified immunity.

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Related

Brinegar v. United States
338 U.S. 160 (Supreme Court, 1949)
Monell v. New York City Dept. of Social Servs.
436 U.S. 658 (Supreme Court, 1978)
Harlow v. Fitzgerald
457 U.S. 800 (Supreme Court, 1982)
Anderson v. Creighton
483 U.S. 635 (Supreme Court, 1987)
The Boeing Company v. Daniel C. Shipman
411 F.2d 365 (Fifth Circuit, 1969)
Charles H. Von Stein v. George A. Brescher
904 F.2d 572 (Eleventh Circuit, 1990)
Von Stein v. Brescher
696 F. Supp. 606 (S.D. Florida, 1988)
Thompson v. City of Clio
765 F. Supp. 1066 (M.D. Alabama, 1991)
Popham v. City of Kennesaw
820 F.2d 1570 (Eleventh Circuit, 1987)
Manasota-88, Inc. v. Tidwell
896 F.2d 1318 (Eleventh Circuit, 1990)
Manor Healthcare Corp. v. Lomelo
929 F.2d 633 (Eleventh Circuit, 1991)

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Bluebook (online)
785 F. Supp. 1457, 1991 U.S. Dist. LEXIS 19705, 1991 WL 323291, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ramos-v-sedgwick-county-sheriffs-department-flsd-1991.