Srisavath v. City of Brentwood

243 F. App'x 909
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 20, 2007
Docket06-6067
StatusUnpublished
Cited by8 cases

This text of 243 F. App'x 909 (Srisavath v. City of Brentwood) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Srisavath v. City of Brentwood, 243 F. App'x 909 (6th Cir. 2007).

Opinions

OPINION

R. GUY COLE, JR., Circuit Judge.

Plaintiff-Appellee Srirasack Srisavath brought suit against Defendanh-Appellant Sergeant William Richardson under 42 U.S.C. § 1983, alleging that Richardson violated Srisavath’s Fourth Amendment rights upon stopping Srisavath’s vehicle and arresting him in response to an anonymous tip. The district court denied Richardson’s motion to dismiss the complaint based on qualified immunity, and we affirmed. After discovery, Richardson moved for summary judgment based on qualified immunity, and the district court denied the motion. The district court also denied Richardson’s motion to reconsider the denial of summary judgment, and Richardson again appealed. For the reasons discussed below, the district court correctly determined that Richardson violated Srisavath’s Fourth Amendment rights, that the rights involved were clearly established, and that Richardson’s conduct was objectively unreasonable. Accordingly, Richardson is not entitled to qualified immunity. We therefore AFFIRM the district court’s denial of summary judgment.

I. BACKGROUND

A. Facts

Around midnight on October 30, 1997, Sergeant William Richardson was dispatched to the Extended Stay Hotel, located at the corner of Church Street and Summit View Place in Brentwood, Tennessee. State v. Srisavath, No. M200002159-CCA-R3-CD, 2001 WL 227355 at *1, 2001 Tenn.Crim.App. LEXIS 175 at *1-2 (March 8, 2001). The dispatch was in response to a tip from an anonymous telephone caller who advised that “there were six to eight teenagers in baggy pants running around [the hotel parking lot] looking into parked cars.” Id. at *1, 2001 Tenn. Crim.App. LEXIS 175 at *2. While driving his patrol car on Church Street, Richardson observed a car, driven by Srisavath and carrying three male passengers, turn [911]*911from Summit View Place onto Church Street. Id. After seeing no other cars in the section of the hotel parking lot that was visible to him, Sergeant Richardson turned around his patrol car and pulled over the vehicle Srisavath was driving on Church Street. Id. Another police officer joined Richardson at the scene of the traffic stop. M After this other officer saw the front-seat passenger lean forward, he searched the interior of the vehicle and found a bag of marijuana under the seat. Id.

Srisavath was convicted in Tennessee court for possession of marijuana with intent to sell and was sentenced to one and a half years in prison and assessed a $2,000 fine. Id. at *1, 2001 Tenn.Crim.App. LEXIS 175 at *1. The Tennessee Court of Criminal Appeals reversed Srisavath’s conviction, holding that “the totality of the circumstances did not warrant an investigatory stop” and that the trial court therefore erred in not suppressing the evidence against Srisavath. Id. at *2, 2001 Tenn. CriimApp. LEXIS 175 at *8.

B. Procedural History

On March 7, 2002, Srisavath brought suit in district court under § 1983, alleging that Richardson violated his rights under the Fourth Amendment to the United States Constitution and Article 7 of the Tennessee Constitution by making an illegal traffic stop and conducting an illegal search of the vehicle Srisavath was driving. Srisavath sought compensatory and punitive damages totaling $750,000. Richardson moved to dismiss Srisavath’s complaint based on the defense of qualified immunity. The district court denied the motion to dismiss, concluding that Srisavath pleaded sufficient facts to overcome the qualified-immunity defense. Richardson then appealed to this Court, which affirmed, holding that the investigatory stop was unconstitutional, the constitutional right involved was clearly established, and Richardson’s actions were objectively unreasonable. Srisavath v. Richardson, 115 Fed.Appx. 820, 822-824 (6th Cir.2006). We noted that Richardson could still, of course, move for summary judgment in the district court and “raise an affirmative defense of qualified immunity and support his motion with additional materials outside of Srisavath’s Complaint.” Id. at 824 n. 1.

Following discovery, Richardson filed this summary judgment motion, which the district court denied, again concluding that Richardson was not entitled to qualified immunity. Richardson contended that he did not know the dispatcher had received an anonymous tip until after he had arrested Srisavath. The district court explained, however, that “the evidence ... is inconsistent concerning whether or not Sgt. Richardson was aware that the tip was anonymous.” At his deposition, Richardson first testified that “the dispatcher said she had received an anonymous phone call....” (Joint Appendix (“JA”) 366.) However, Richardson then responded affirmatively to Srisavath’s counsel’s statement that “you said just a while ago that there was an anonymous phone call, which you learned later, didn’t you?” (JA 377.) In light of Richardson’s conflicting testimony, the district court, required on summary judgment to view conflicting facts in the light most favorable to the plaintiff, relied on Richardson’s first statement in which he said that he was aware the information relayed by the dispatcher came from an anonymous tip.

Richardson moved for reconsideration and filed an affidavit in support stating that he did not remember if the dispatcher told him that the call was from an anonymous tipster. He further averred, “with some degree of certainty,” that the dispatcher would not have identified the caller as anonymous but would have provided [912]*912the identity of the person making the call. (JA 292.) The district court denied the motion to reconsider.

Richardson now brings this interlocutory appeal. We have jurisdiction because a district court’s denial of qualified immunity that depends on an issue of law is “an appealable ‘final decision’ within the meaning of 28 U.S.C. § 1291 notwithstanding the absence of a final judgment.” Mitchell v. Forsyth, 472 U.S. 511, 530, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985).

II. DISCUSSION

A. Standard of Review

We review a district court’s denial of summary judgment de novo. Williams v. Mehra, 186 F.3d 685, 689 (6th Cir.1999) (en banc). Summary judgment is proper when “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). The party moving for summary judgment has the burden of proof and must demonstrate that there is no genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Denial of qualified immunity is an issue of law reviewed de novo. Pray v. City of San-dusky, 49 F.3d 1154, 1157 (6th Cir.1995).

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Bluebook (online)
243 F. App'x 909, Counsel Stack Legal Research, https://law.counselstack.com/opinion/srisavath-v-city-of-brentwood-ca6-2007.