Tuttle v. City of Oklahoma

728 F.2d 456
CourtCourt of Appeals for the Tenth Circuit
DecidedFebruary 28, 1984
DocketNos. 82-2164, 82-2175
StatusPublished
Cited by12 cases

This text of 728 F.2d 456 (Tuttle v. City of Oklahoma) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tuttle v. City of Oklahoma, 728 F.2d 456 (10th Cir. 1984).

Opinions

WILLIAM E. DOYLE, Circuit Judge.

This matter is before us pursuant to 28 U.S.C. § 1291, the regular appeals statute, and 42 U.S.C. § 1983, dealing with the violation of constitutional and statutory rights.

Rose Marie Tuttle was the plaintiff in the court below. She brought this action against the defendants, Oklahoma City and Police Officer Julian Rotramel, individually and as administratrix of the estate of her deceased husband. She alleged deprivation of her husband’s statutory and constitutional rights to life and liberty, contrary to 42 U.S.C. § 1983.

The cause was tried to a jury in the United States District Court for the Western District of Oklahoma. A verdict was returned in favor of Mrs. Tuttle in the amount of $1,500,000 actual damages against the City. The jury returned a verdict in favor of the defendant Rotramel, the officer who caused the damage by shooting and killing Tuttle. The jury found in favor of Officer Rotramel because the jury found that he acted in good faith. Oklahoma City has appealed the verdict against it and Mrs. Tuttle appeals the verdict and order to pay costs for Rotramel, the police officer.

This incident took place on October 4, 1980. The decedent William Tuttle was inside, and had been inside, the We’ll Do Club in Oklahoma City. A complaint was made reporting an armed robbery in progress at the We’ll Do Club. The party [458]*458who called the police described the alleged robber as a 37 year old male with brown hair and glasses. The description matched Mr. Tuttle, and the parties stipulated that Mr. Tuttle actually made the call. Police Officer Julian Rotramel was dispatched to the Club, and when he arrived there was no armed robbery in progress. The bartender testified that she informed Rotramel that no robbery had occurred. Decedent attempted to leave the Club, and Officer Ro-tramel told him to stay where he was. Decedent disregarded Rotramel and left. Tut-tle did not at any time brandish a weapon. In fact, Tuttle made no overt threat. Nevertheless, Officer Rotramel drew his gun and shot the decedent in the back. The latter was a short distance from the officer and had gone down on one knee. No weapon was found on the decedent; there was allegedly a toy gun which was said to have been found in Tuttle’s possession. This was not visible to the officer, but he said that he was apprehensive that the decedent had a weapon. Decedent died from the gunshot wound very soon after the incident.

A limited number of contentions have been asserted in support of the requested reversal. These are set forth and also discussed below.

1. The contention that the trial court erred as a result of not directing a verdict against Rotramel on the issue of liability.

Mrs. Tuttle argues that the facts of the case fail to support Rotramel’s claim of good faith, and hence the trial court should not have allowed the issue to go to the jury. We here address this issue.

The good faith defense of police officers charged with constitutional violations was first recognized by the Supreme Court in Pierson v. Ray, 386 U.S. 547, 554, 87 S.Ct. 1213, 1217-18, 18 L.Ed.2d 288 (1967). In its most recent pronouncement on the good faith defense, the Supreme Court made clear that an officer’s good faith must be judged by an objective standard. Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 2738-9, 73 L.Ed.2d 396 (1982) (government officials “are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known”). Harlow reaffirmed the objective standard previously applied, but overruled earlier Supreme Court pronouncements that a subjective component existed as well. See Wood v. Strickland, 420 U.S. 308, 322, 95 S.Ct. 992, 1000-01, 43 L.Ed.2d 214 (1975) (“A school board member is not immune from liability for damages under § 1983 if he knew or reasonably should have known that the action he took within his sphere of official responsibility would violate the constitutional rights ... of the student”); Scheuer v. Rhodes, 416 U.S. 232, 247-48, 94 S.Ct. 1683, 1691-92, 40 L.Ed.2d 90 (1974) (“It is the existence of reasonable grounds for the belief formed at the time and in light of all the circumstances, coupled with the good faith belief, that affords a basis for qualified immunity”); Pierson v. Ray, 386 U.S. at 557, 87 S.Ct. at 1219 (“If the jury found that the officer reasonably believed in good faith that the arrest was constitutional, then a verdict for the officers would follow, even though the arrest was, in fact, unconstitutional”).

An officer’s good faith is not an absolute defense to charges; it is an affirmative defense that must be pleaded and proved by the defendant officer. See Gomez v. Toledo, 446 U.S. 635, 100 S.Ct. 1920, 64 L.Ed.2d 572; Martin v. Duffie, 463 F.2d 464, 468 (10th Cir.1972).

Under certain circumstances, the facts may negate the good faith defense as a matter of law. If the facts construed in the light most favorable to the defendant officer utterly belie his belief or the reasonableness of it, his defense should not be considered by the jury. Butler v. Goldblatt Bros., Inc., 589 F.2d 323, 326 (7th Cir.1978). Jury instructions on an affirmative defense should only be given if reasonably supported by the evidence.

Defendant Rotramel admitted at trial that he violated Police Department policy [459]*459in shooting Mr. Tuttle. He testified however, that he believed Mr. Tuttle was a felon reaching for a gun. His belief was supported by some evidence. Officer Ro-tramel was responding to a report that a robbery had taken place. Apparently, Mr. Tuttle made the report, describing himself and reporting that the robber had a gun. Officer Rotramel testified that he attempted to stop Mr. Tuttle, that a struggle had ensued and that Mr. Tuttle repeatedly reached for his boot. Officer Rotramel claimed that Mr. Tuttle broke away and was again reaching for his boot, apparently retrieving a weapon, when Officer Rotra-mel shot him. The other witnesses to the shooting disputed these aspects of Rotra-mel’s testimony. If the jury believed Officer Rotramel, however, it could find that he reasonably believed his response was permitted.

The trial court clearly thought the evidence was sufficient to send the issue to the jury, and the jury apparently believed Officer Rotramel’s story. Inasmuch as the jury was properly instructed and since there is evidence which favors Rotramel, we cannot assume that the conclusion was improper.

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Tuttle v. City Of Oklahoma City
728 F.2d 456 (Tenth Circuit, 1984)

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728 F.2d 456, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tuttle-v-city-of-oklahoma-ca10-1984.