Sara Bridewell v. Kevin Eberle

730 F.3d 672, 2013 WL 5188658, 2013 U.S. App. LEXIS 17924
CourtCourt of Appeals for the Seventh Circuit
DecidedAugust 27, 2013
Docket12-2738
StatusPublished
Cited by86 cases

This text of 730 F.3d 672 (Sara Bridewell v. Kevin Eberle) 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
Sara Bridewell v. Kevin Eberle, 730 F.3d 672, 2013 WL 5188658, 2013 U.S. App. LEXIS 17924 (7th Cir. 2013).

Opinions

EASTERBROOK, Chief Judge.

Following a hit-and-run collision, the driver of the struck vehicle took off in pursuit of the fleeing one. Walter Chandler, who had left the scene, eventually turned into what appeared to be a dead-end alley; Lisa Rhodes pulled up behind him, blocking his exit. Rhodes had the advantage of numbers. She was accompanied by Sara Bridewell, Randy Manuel, and Anthony Watkins. All but Watkins got out of the car and confronted Chandler. Rhodes reached into Chandler’s car and took the key. Before long, Bridewell yelled that Chandler had a gun and the three moved off. A shot rang out. The horn of Chandler’s car began to sound; his head was pressing the button. Minutes later two men were seen in the alley; they may have been Manuel, and Watkins, but perhaps not. A witness, who saw one of these two carrying a gun, heard two more shots.

These men left and police arrived. Bridewell and Rhodes approached the police and told them that Chandler had shot at them. (They did not know his name yet, but we use names to simplify the story.) Two detectives, Kevin Eberle and Brian Forberg, found Chandler dead, with a gun near his hand. They concluded that he had been shot three times. They also learned from the witness that two men had accompanied Rhodes and Bridewell, something they had not volunteered. They took Bridewell and Rhodes into custody, [675]*675then located and arrested Manuel and Watkins.

After extended interrogation, both Rhodes and Watkins told the police that Bridewell had shot Chandler. (Manuel invoked his rights under Miranda and was not questioned further.) Bridewell was charged with murder. She was already under indictment for possession of cocaine with intent to distribute. Rhodes, Manuel, and Watkins were released.

After three years in custody, Bridewell pleaded guilty to a reduced drug charge (possession only) and was sentenced to time served; prosecutors dismissed the murder charge by filing a nolle prosequi. More than a year earlier, Bridewell, Rhodes, and Manuel had filed this suit against Eberle, Forberg, and the City of Chicago under 42 U.S.C. § 1983, contending that their arrests were unlawful. None of the plaintiffs contended that the interrogations had been coercive or otherwise improper, though Bridewell raises this subject indirectly under state law (we return to the issue at pages 677-78). Bridewell added three claims unique to her: that the police took longer than the fourth amendment allows to present her to a judge, that the murder charge constituted malicious prosecution, and that the defendants tortiously caused her to suffer emotional distress. The district judge granted summary judgment to all three defendants on all four claims. 2012 WL 2458548, 2012 U.S. Dist. Lexis 88671 (N.D.I11. June 27, 2012).

The district court found that Eberle and Forberg had probable cause to believe that Bridewell, Rhodes, and Manuel either shot Chandler or aided the killer. Police found a dead body and learned from the witness plus Bridewell and Rhodes that Chandler had been pursued, trapped, and confronted by people who were angry with him. Multiple shots were heard. The witness saw Bridewell and her companions run away. One inference was that one or more of them had shot Chandler. It was not the only possible inference. Perhaps the two men who came to the alley later had fired the fatal shots and were strangers to the quartet. Perhaps Chandler shot himself, intentionally or by accident when trying to harm or scare his pursuers. The police thought this unlikely; they saw three holes in Chandler’s head, implying that at least two of the shots had been fired by someone else.

A medical examination revealed only two holes, made by a single bullet. But probable cause is not determined by retrospect. It depends on what the police know, or reasonably believe, at the time. And probable cause is a standard, not a rule. See Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983). When facts support a “fair probability” that a suspect has committed a crime, probable cause to arrest exists. 462 U.S. at 238, 103 S.Ct. 2317. The Court described a “commonsense, practical” inquiry, 462 U.S. at 230,103 S.Ct. 2317, into the question whether the circumstances “warrant suspicion” justifying detention. 462 U.S. at 235, 103 S.Ct. 2317. The district judge thought that this standard had been met; we do too.

There was no dispute in the district court about what Eberle and Forberg knew or reasonably believed at the time. Plaintiffs contend that a jury should make an independent assessment of probable cause, no matter how things appeared to the officers at the scene. They observe that the witness who heard shots and saw plaintiffs run away did not tell the officers that plaintiffs had fired guns; perhaps a jury would treat this as reducing the likelihood that any of the plaintiffs shot Chandler (or assisted the shooter). Similarly, plaintiffs contend, a jury might attach significance to the fact that Chandler was [676]*676very drunk; this might make it more likely that he shot himself accidentally. Plaintiffs’ position is wrong for at least two reasons.

First, it proceeds as if the police had to use the rules for summary judgment and draw inferences in favor of the suspects. They don’t. See, e.g., Gramenos v. Jewel Companies, Inc., 797 F.2d 432 (7th Cir.1986); Askew v. Chicago, 440 F.3d 894 (7th Cir.2006). The summary-judgment rules affect what knowledge the district court can impute to the police, not whether a given set of facts supplies probable cause. And in this suit there is no dispute about what the police knew (or inferred, albeit incorrectly, from the condition of Chandler’s head). Chandler’s head was a mess; a single bullet fired from close range (as this one was) can cause extensive damage. Plaintiffs do not deny that it was reasonable for the detectives to have thought that Chandler had been hit with multiple rounds. And the police did not know how much alcohol was in Chandler’s blood; he was dead when they arrived, and his blood alcohol was tested only after plaintiffs were in custody. Whether the known facts add up to probable cause is a legal question for the judge, not a subject on which jurors are entitled to form their own opinions.

Second, the contention that, if the witness did not relate seeing any of the group fire a gun, then they cannot have done so, treats memory as if it were a movie made by a well-positioned camera. Yet things happen without being seen. A witness may not have a clear view of an entire alley. The focus of vision is fairly small; events in the periphery regularly are missed. And memory often does not record unexpected or unusual events. See Christopher Chabris & Daniel Simons, The Invisible Gorilla: How Our Intuitions Deceive Us (2010) (describing findings of psychological research). Police are entitled to draw on eyewitness descriptions without being required to assume that witnesses got every detail right, or that every omission from a description must establish that the omitted fact did not occur.

Now we take up the three claims advanced by Bridewell alone, starting with her contention that the police waited too long to present her to a court.

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Bluebook (online)
730 F.3d 672, 2013 WL 5188658, 2013 U.S. App. LEXIS 17924, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sara-bridewell-v-kevin-eberle-ca7-2013.