Ricky W. Beauchamp and Beth E. Beauchamp v. City of Noblesville, Indiana, Cynthia Dukette, Joe Cook, Hamilton County Sheriff

320 F.3d 733, 2003 U.S. App. LEXIS 3451, 2003 WL 483152
CourtCourt of Appeals for the Seventh Circuit
DecidedFebruary 26, 2003
Docket02-2568
StatusPublished
Cited by178 cases

This text of 320 F.3d 733 (Ricky W. Beauchamp and Beth E. Beauchamp v. City of Noblesville, Indiana, Cynthia Dukette, Joe Cook, Hamilton County Sheriff) 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
Ricky W. Beauchamp and Beth E. Beauchamp v. City of Noblesville, Indiana, Cynthia Dukette, Joe Cook, Hamilton County Sheriff, 320 F.3d 733, 2003 U.S. App. LEXIS 3451, 2003 WL 483152 (7th Cir. 2003).

Opinion

ILANA DIAMOND ROVNER, Circuit Judge.

Ricky Beauchamp was twice arrested in 1998, once for attempted home invasion and once for rape, pursuant to warrants issued largely on the basis of his identification by a complainant, the putative victim. He was charged with both crimes and jailed, but prosecutors ultimately dismissed the charges after the complainant’s credibility came into question. Believing that the police had unjustifiably credited the complainant, ignored his own protestations of innocence, and submitted false or misleading information to the courts in support of the warrants, Beauchamp brought this civil rights action under 42 U.S.C. § 1983 against two pohce detectives who caused his arrests, as weh as a host of other defendants. Additionally, both Beauchamp and his wife Beth claimed, *737 among other things, that the defendants committed the torts of false arrest, defamation, and outrage (also known as intentional infliction of emotional .distress) under state law. The district court granted summary judgment in favor of all of the defendants. The Beauchamps appeal, and we affirm.

I.

Ricky Beauchamp operated a window cleaning business in and around Indianapolis, Indiana. In February 1998, in preparation for a forthcoming vacation in sunnier climes, Beauchamp made a deal with the owner of the Blue Hawaiian Tanning Salon in the suburb of Fishers to clean the salon’s windows in exchange for tanning sessions. There, Beauchamp met employee Michelle Klingerman, who on the side operated a small business cleaning newly built homes. Klingerman offered Beau-champ work cleaning construction debris from windows at one of her job sites. Beauchamp accepted, but their arrangement failed almost immediately because, Klingerman claimed, at the job site Beau-champ made offensive comments and sexual advances toward her. Although he admitted putting his arm around Klingerman and making comments that could be interpreted as sexual innuendo, Beauchamp denied making sexual advances and insisted that his comments were merely jokes. Soon after, Klingerman quit her job at the salon, and on February 22 lodged a complaint with the Fishers Police Department alleging that Beauchamp was harassing her sexually and that she had been “forced” to quit her job due to the harassment and the “uneasy feeling” Beauchamp gave her.

The morning after she filed her complaint with the police, Klingerman called 911 to report that a man was attempting to force his way into her home by “pounding on the door and yelling her name.” Detective Cary Milligan of the Hamilton County Sheriffs Department responded to the call. When he arrived, Klingerman reported that the man had yelled “Michelle, are you in there? Michelle?”, and that she had observed him running away. Although Klingerman did not see the man’s face, she saw enough to describe him as a white male with a beard and a “pot belly,” wearing a blue or black baseball cap, a hooded grey sweatshirt, and blue jeans. Milligan and other officers on the scene observed what appeared to be fresh scratch or pry marks on Klingerman’s door frame. Klingerman claimed she had never seen the marks before. Milligan then asked Klingerman whether she had any problems with anyone lately. She replied that “a guy named Rick” had recently made unwanted sexual advances towards her at work, and further stated that she thought “Rick” was the man at her door because she recognized his voice and build.

Milligan learned Beauchamp’s identity and that afternoon visited him at his home in Indianapolis, about 20 minutes away from Klingerman’s. Beauchamp appeared almost exactly ás Klingerman had described him, in a grey hooded sweatshirt and blue jeans, and with a beard and a “pot belly.” Beauchamp was cooperative and agreed to accompany Milligan to the county jail to make a statement and record a sample of his voice. Once there, Milli-gan photographed Beauchamp and asked him about his whereabouts earlier that morning. Beauchamp told him that he woke up around 11:20 a.m. and left home around 12:30 p.m. to clean windows at a car dealership, where he stayed until 2:45 p.m. Beauchamp claimed that Milligan then asked him “Why don’t you just tell us why you were out there [at Klingerman’s]? I know you were the one that was out there.” Later that day, Milligan played the recording of Beauchamp’s voice to Klingerman as part of a “line up” with the *738 voices of five other white men speaking the same words. Klingerman identified Beau-champ’s voice as that of the man at her door.

The next morning Beauchamp left a voice mail message for Milligan explaining that he could verify his whereabouts the previous morning with telephone company records showing that he was logged onto the internet from home when Klingerman called 911, and that his wife Beth worked for the phone company and could corroborate his alibi. Milligan returned to Beau-champ’s home that afternoon, and Beau-champ invited him to inspect his computer. Milligan declined to enter the house, although with Beauchamp’s consent he searched Beauchamp’s truck and toolbox, where he discovered a pocketknife that he suspected was used to make the marks on Klingerman’s door. Later the police determined that, due to the shape of the marks, Beauchamp’s pocket knife could not be conclusively linked to the incident. Additionally, Beauchamp claimed that Mil-ligan warned him that “as soon as Michelle picks you out of the photo lineup, I’m having you arrested for [breaking and entering].”

In early March, an employee of a hair salon in the same shopping center as the Blue Hawaiian reported to Fiilligan that Beauchamp, who had been hired to clean the salon’s windows, had sexually assaulted her on February 12. The employee, Da-nelle Ooley, explained that she delayed reporting the incident out of embarrassment. On March 5, Milligan submitted an affidavit of probable cause to the Hamilton County Superior Court repeating Klinger-man and Ooley’s allegations, and the court issued a warrant for Beauchamp’s arrest for attempted “residential entry” (breaking and entering) and sexual battery. Conceding only that probable cause existed for the warrant on the sexual battery charge, Beauchamp surrendered a few days later but was released on bond after spending a weekend in jail. As a condition of his release, the court commanded Beau-champ to stay away from Klingerman and Ooley.

On March 29, Klingerman returned home from a week-long vacation to discover that someone had carved “YOU DIE BITCH” on her front door. Beauchamp was traveling to South Carolina with his family that day, but had left Indiana only the day before. The Hamilton County prosecutor believed that Beauchamp was responsible for the vandalism and immediately sought to revoke his bond. The day before the revocation hearing Beauchamp received a threatening telephone call warning him to stay away from Klingerman or else he would “get a pipe upside the head.” He reported the threat to the Marion County Sheriffs Department, and asked the phone company to monitor his phone for incoming calls. After Beauchamp testified at his revocation hearing that he was out of town from March 28 to April 5 and that he did not go near Klingerman’s home, the court declined to revoke his bond. Immediately afterward, Beau-champ’s attorney advised him to protect himself by keeping a log of his activities organized by date, time, and the mileage reading on his truck’s odometer.

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Bluebook (online)
320 F.3d 733, 2003 U.S. App. LEXIS 3451, 2003 WL 483152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ricky-w-beauchamp-and-beth-e-beauchamp-v-city-of-noblesville-indiana-ca7-2003.