Spencer v. Zobrist

323 S.W.3d 391, 2010 Mo. App. LEXIS 922, 2010 WL 2569980
CourtMissouri Court of Appeals
DecidedJune 29, 2010
DocketWD 71364
StatusPublished
Cited by9 cases

This text of 323 S.W.3d 391 (Spencer v. Zobrist) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Spencer v. Zobrist, 323 S.W.3d 391, 2010 Mo. App. LEXIS 922, 2010 WL 2569980 (Mo. Ct. App. 2010).

Opinion

JAMES EDWARD WELSH, Presiding Judge.

Melody Spencer seeks judicial review of the Kansas City Board of Police Commissioners’ decision to terminate her employment as a police officer with the Kansas City Police Department. The Board 1 found that Spencer violated Department policies by failing to seek medical help for a sick arrestee who requested medical attention and by treating the arrestee in a discourteous and undignified manner. The circuit court affirmed the Board’s decision to terminate Spencer’s employment, and Spencer appeals. On appeal, Spencer asserts that the Board failed to determine whether cause existed to terminate her employment and that the Board applied the wrong legal standard in terminating her. She also contends that cause did not exist to terminate her because (1) she was not on fair notice of the Board’s “expansive interpretation” of the Department’s policy which required her to seek medical help for a sick person who requested medical attention, (2) she was not rude to the *394 arrestee, and (3) the Board failed to determine that termination was the appropriate degree of discipline in this case. We affirm.

On February 5, 2006, at 10:45 p.m., Spencer and her partner, Officer Kevin Schnell, 2 were on patrol in the area of Ninth and Prospect in Kansas City. As part of a special project with the Department of Revenue, they were looking for vehicles with fake temporary license tags. When they saw an unoccupied car with no license tags parked outside of a liquor store, they pulled over and waited for the driver of the car to return. They watched as Sophia Salva came out of the liquor store, walked over to another car, and began talking to the occupants of that car. After talking for a while, Salva walked over to the unoccupied car. Salva got into the car, crawled into the back seat, and taped a temporary license tag in the back window. Salva then got into the driver’s seat and pulled out of the parking lot.

Suspecting that Salva’s temporary license tag was fake, Spencer and Schnell followed her and eventually stopped Sal-va’s car at Ninth and Brooklyn. Spencer’s and Schnell’s patrol car was equipped with a video camera that was activated once Salva’s car was stopped. The video camera recorded the events and conversations that occurred during the traffic stop.

Schnell got out of the patrol car and approached Salva’s car. Schnell told Salva that she had been stopped because she had a fake temporary license tag in her back window. Within thirty seconds of Schnell’s initiating this conversation, Salva told him, “I’m having [a] miscarriage.” Less than one minute into the stop, Salva told Schnell, “I have a problem. I am bleeding. I took this car, and I want to go to the hospital.”

Schnell then asked Salva if she had a driving license. Salva said that she did not know where her license was. When Schnell asked Salva if she had any identification, Salva replied, “Can the lady [referring to Spencer]7 check me? I’m bleeding. I have three month baby inside.” Schnell asked Salva for a driving license and summoned Spencer to Salva’s car. When Spencer approached, Salva told both officers that she wanted to go to the emergency room.

Schnell told Spencer that Salva was “just giving me a long line of excuses, says she’s bleeding. She says you can check.” Salva reiterated that Spencer could check her. Schnell told Salva that Spencer was not a doctor. Schnell again asked Salva if she had identification with her, and Salva said that she did not. Schnell told Salva to exit her car, and she did. After Salva got out of her car, Schnell told Spencer that Salva claimed to be three months pregnant. Upon hearing this, Salva added, “I’m three months pregnant and I’m bleeding.” 3

When Spencer asked Salva why she was at the liquor store placing a fraudulent temporary license tag in her car window, Salva responded, “I put it because I want *395 to go to the hospital.” Spencer then frisked Salva, and Salva asked Spencer twice to check her underwear for blood. When Spencer refused, Salva stated that she wanted to go to the hospital. Salva then said something, but the response is inaudible on the videotape. Spencer replied, “How is that my problem?” Spencer then requested that Salva sit on the street curb. Salva motioned toward her stomach and said, “My stomach’s pain.” Spencer replied, “You’re only three months pregnant. Have a seat.” When Spencer indicated that Salva would be handcuffed if she refused to sit on the curb, Salva held out her hands and said, “Handcuff me instead.” Salva again spoke to Spencer and said, ‘You are a woman like me,” to which Spencer replied, “I know that.” Salva then said, “See my underwear? ... Please. Do you see the blood? Look down.” Spencer responded, “[I]t’s called a menstrual cycle. I understand. OK? ’Cause I am a woman.” Salva said two more times that she wanted to go to the hospital.

Spencer and Sehnell discussed Salva’s lack of identification, and Spencer told Sal-va, “Right now we’re just looking into numerous traffic violations.” After Salva again stated that she wanted to go to the hospital and asked Spencer and Sehnell whether she could go to the hospital, Spencer and Sehnell continued to discuss Salva’s lack of identification. Spencer then asked Salva for her name and asked her repeatedly to spell her first name. Confused about the correct spelling of Sal-va’s first name, Spencer asked Salva, “Spell it for me one more time. Let’s try to get it right this time.” Salva responded, “I don’t understand,” and Spencer said, “Spell your first name.” Salva did not answer but again said, “I’m bleeding ... look at the blood[.]” Spencer replied, “It’s a menstrual cycle. What is your first name? Spell it.” Spencer continued to be confused about the spelling of Salva’s first name and told Salva, “Let me make one thing clear with you. We can do this the easy way or the hard way.” Salva responded, “Because I am sick.” Spencer replied, “Don’t cop an attitude with me! ... It’s called a menstrual cycle.” When Salva pleaded, Spencer said, “No, I’m not dealing with you anymore.... This can go smoothly, or we can drag it out. It’s your choice.” During the next fifteen minutes of the stop, Salva mentioned wanting to go to the hospital three more times, told the officers that she was bleeding three more times, and said that she had a baby in her stomach one more time.

When Sehnell and Spencer obtained Sal-va’s correct identifying information, they learned that she had several municipal warrants and placed Salva under arrest. The officers contacted dispatch and requested a transportation wagon to take Salva to Department headquarters. At no time did either Sehnell or Spencer procure transportation for Salva to be taken to a hospital.

When the transportation wagon arrived at 11:12 p.m., Salva asked Sehnell and Spencer if they could report her bleeding. Sehnell responded, “Will do. When we take you to the station you’ll be able to report all that. We’ll get this stuff taken care of.” Spencer added, “And they’ll be able to give you a product to help you stop that,” referring to the bleeding. The transportation wagon took Salva to Department headquarters at approximately 11:20 p.m., where she was incarcerated. 4

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Cite This Page — Counsel Stack

Bluebook (online)
323 S.W.3d 391, 2010 Mo. App. LEXIS 922, 2010 WL 2569980, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spencer-v-zobrist-moctapp-2010.