Sturges v. Matthews

53 F.3d 659, 1995 WL 320620
CourtCourt of Appeals for the Fourth Circuit
DecidedMay 30, 1995
DocketNos. 94-2088, 94-2159
StatusPublished
Cited by23 cases

This text of 53 F.3d 659 (Sturges v. Matthews) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sturges v. Matthews, 53 F.3d 659, 1995 WL 320620 (4th Cir. 1995).

Opinion

Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Chief Judge ERVIN and Judge NIEMEYER joined.

OPINION

MOTZ, Circuit Judge:

David W. Sturges, as personal representative of the estate of Robert Erik Schuck-Kolben, Gerhard P. Schuck-Kolben, and Jacqueline L. Schuck-Kolben, appeals from the district court’s dismissal of his state and federal law claims against Lexington County, South Carolina; James R. Metts, in his individual capacity and in his official capacity as Lexington County sheriff; and Glenn Matthews, in his official capacity as Lexington County deputy sheriff. Sturges also appeals from a jury verdict in favor of Matthews in his individual capacity. Matthews has filed a conditional cross-appeal from the district court’s denial of his motion for judgment as a matter of law on his claim for qualified immunity. Finding no reversible error, we affirm.

I.

On the morning of June 16, 1991, the appellant’s decedent, Robert Erik Schuck-Kol-ben, died from injuries sustained in an automobile accident. Earlier that morning, after having failed to stop for a speeding offense, the decedent led Lexington County law enforcement officers on a high-speed chase. Matthews, a deputy sheriff, pursued the decedent in his patrol car, which was equipped with a steel-enhanced “vehicle assist bumper” extending fifteen inches beyond the regular bumper. After closely following the decedent for approximately two miles, Matthews’ patrol car collided with the rear of decedent’s vehicle. Shortly thereafter, decedent lost control of his vehicle and crashed into a telephone pole. He died at the scene.

Sturges brought this action alleging various constitutional causes of action pursuant to 42 U.S.C. § 1983 and related state law tort claims against the defendants. The district court dismissed the claims against Lexington County and its sheriff, James R. Metts, and against Matthews in his official capacity as deputy sheriff. Sturges’ remaining claim against Matthews in his individual capacity for excessive force under 42 U.S.C. § 1983 proceeded to trial, where Sturges contended that Matthews “intentionally wantonly or [661]*661recklessly” rammed the decedent’s car causing the decedent to lose control of his car and crash. Deputy Matthews, on the other hand, contended that the collision was an accident and that the decedent subsequently regained control of his car, attempted to turn left, and lost control of the car as a result. The jury subsequently returned a special interrogatory verdict against Sturges in which it concluded that Matthews, “while acting under color of state law,” did not “intentionally or willfully seize[]” the decedent. Judgment was entered in favor of Matthews, and this appeal followed.

II.

Sturges’ principal claim on appeal is that the district court erred in instructing the jury with respect to the definition of a “seizure” under the Fourth Amendment. A judgment will be reversed for error in jury instructions “only if the error is determined to have been prejudicial, based on a review of the record as a whole.” Wellington v. Daniels, 717 F.2d 932, 938 (4th Cir.1983); see also Power v. Arlington Hospital Ass’n, 42 F.3d 851, 860 (4th Cir.1994).

Sturges contends that the court erred in instructing the jury that, in order to find that Matthews “seized” the decedent as contemplated by the Fourth Amendment, Matthews “must be found to have acted intentionally or willfully” and that “an act or omission is willfully done if done ... with the intent to do something that, is forbidden in law ” (emphasis added). In Brower v. County of Inyo, 489 U.S. 593, 109 S.Ct. 1378, 103 L.Ed.2d 628 (1989), the Supreme Court explained that a “[violation of the Fourth Amendment requires an intentional acquisition of physical control” and that “the detention or taking itself must be willful. This is implicit in the word ‘seizure,’ which can hardly be applied to an unknowing act.” Id. at 596, 109 S.Ct. at 1381. Although Sturges pled that Matthews’ ramming was intentional or reckless and suggests, on appeal, that reckless conduct might satisfy Browers requisite intent standard and that the district court should have so instructed the jury, he does not explicitly assert that claim on appeal.1 Instead, he takes issue with the court’s instruction, to which he timely objected, that, in order to find Matthews liable, the jury must find that he acted “with the intent to do something that is forbidden in law.”

Matthews’ counsel conceded at oral argument before us that this instruction, standing-alone, might well constitute error because it could be interpreted as requiring Sturges to demonstrate that Matthews acted with the intent to violate criminal law. To the best of our knowledge no court has ever required a showing of specific criminal intent in the context of a § 1983 excessive force claim. Indeed, the Súpreme Court in Brower strongly suggested that such a requirement would be wholly inappropriate. Brower, 489 U.S. at 598, 109 S.Ct. at 1382 (“It may well be that [the police] preferred, and indeed earnestly hoped, that Brower would stop on his own, without striking the barrier, but we do not think it practicable to conduct such an inquiry into subjective intent.”). Cf. Glasco v. Ballard, 768 F.Supp. 176, 179 (E.D.Va.1991) (“In criminal law terms, the Court [in Graham v. Connor, 490 U.S. 386, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989) ] ruled that specific intent, or motivation, is not an element of the Fourth Amendment. It made no actual ruling on the issue of general intent. In other words, it is irrelevant whether the police officer intended to brutalize a suspect or merely intended to discipline him, but it is still relevant whether the officer.intended to perform the underlying violent act at all.” [662]*662(emphasis in original)). However, this purported error in the challenged instruction does not require reversal.

This is so because, “in the ‘context of the overall charge’ ” and “[vjiewing the record as a whole,” the instructions administered to the jury were not misleading and contained an adequate statement of the law to guide the jury’s determination. Western Air Lines, Inc. v. Criswell, 472 U.S. 400, 420-21, 105 S.Ct. 2743, 2755, 86 L.Ed.2d 321 (1985) (quoting Cupp v. Naughten, 414 U.S. 141, 147, 94 S.Ct. 396, 400, 38 L.Ed.2d 368 (1973)). The district court did not expound on the “forbidden in law” instruction in any way. Other than the brief statement quoted above, there is no other indication in the instructions that the jury was required to find specific criminal intent. Instead, the court repeatedly emphasized the Brower requirement that only the actual seizure be intentional.

In explaining what constitutes a seizure under the Fourth Amendment, the district court stated:

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Bluebook (online)
53 F.3d 659, 1995 WL 320620, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sturges-v-matthews-ca4-1995.