United States v. Phillip Coleman

930 F.2d 560, 1991 U.S. App. LEXIS 6197, 1991 WL 57358
CourtCourt of Appeals for the Seventh Circuit
DecidedApril 17, 1991
Docket89-3637
StatusPublished
Cited by1 cases

This text of 930 F.2d 560 (United States v. Phillip Coleman) 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
United States v. Phillip Coleman, 930 F.2d 560, 1991 U.S. App. LEXIS 6197, 1991 WL 57358 (7th Cir. 1991).

Opinions

COFFEY, Circuit Judge.

Phillip Coleman, an employee at the Glen Ellyn, Illinois post office, was convicted by a jury of assaulting two postal inspectors, in violation of 18 U.S.C. § 111, and sentenced to a five-month term of imprisonment. On appeal Coleman challenges two of the district court’s evidentiary rulings. Because Coleman failed to establish an abuse of discretion, we affirm.

On March 31, 1988, Clyde Headley, a postal supervisor, called Coleman into his office and handed him an employment termination letter from the Postal Service. Peter Donnelly and Terry Wilson, two postal inspectors, were present when Coleman received the letter. Headley had requested their presence for the purpose of providing [561]*561security during the discharge of a postal employee.

When Coleman received the letter, he became upset and started to cry. He said to the three men, “Why are you doing this to me? I have a wife and children. My wife just had a baby. You can’t fire me.” One of the postal inspectors told Coleman to sign the letter indicating its receipt and to leave the post office. Coleman refused to sign the letter until he spoke with his union representative, Larry Haga. The inspectors advised Coleman that he would not need Haga because he was not being questioned.

At this point Coleman testified that he started to walk toward the bathroom because he did not want the postal inspectors to see him crying. The inspectors, on the other hand, testified that Coleman began pacing up and down in the office and flailing his arms. At this point physical contact between Coleman and the inspectors was initiated. The government’s version was that Wilson placed his hand on Coleman’s shoulder to urge him to sit down and calm himself. Coleman’s version was that the inspectors repeatedly pushed him back down into his chair.

Coleman continued to call for Haga. Donnelly finally told Headley to get Haga, and Headley left the office. According to the government, Wilson again placed his hand on Coleman’s shoulder in an effort to get him to sit down and calm down. Coleman started swinging his fists and knocked Wilson’s hand off his shoulder. The inspectors then stood on either side of Coleman, each taking one of his arms, and tried to get him to sit down. In response Coleman kicked Donnelly in the shin and “mule-kicked” the chair. That action knocked Coleman off balance, and all three men ended up on the floor. According to Coleman, he did not swing at the postal inspectors nor try to punch them. Coleman claimed that he was restrained in the chair, and that on his last attempt to get up, the inspectors pushed him down so hard that the chair fell out from under him and he lost his balance.

Once Coleman was on the floor Donnelly informed him that he was under arrest for assaulting a federal officer and attempted to handcuff him. Wilson aided Donnelly in restraining Coleman by applying pressure to Coleman’s neck with his forearms. Coleman claimed that Donnelly repeatedly tried to slap on the handcuffs by hitting him across the wrists. The inspectors finally handcuffed Coleman and returned him to the chair. They summoned the Glen Ellyn Police Department for assistance, and three officers arrived.

Coleman testified that he passed out during the struggle. He only remembered waking up handcuffed and seated in the chair. At this time his stomach began to hurt. Coleman had been hospitalized for stomach problems in the past. The problems arose when he was nervous and when there was too much physical pressure on his stomach. Coleman asked someone to get his stomach medication from his car, and an inspector complied. Coleman also asked for an ambulance, but when one arrived, he refused medical treatment from the paramedics, told them he did not want to go to the hospital, and made no further complaints about stomach problems.

When the paramedics left, the inspectors and the police officers took Coleman from the office. In so doing, they moved his hands from behind his back and placed handcuffs on his hands in front of him. This way Coleman was able to cover them with a jacket as they left the building. Once outside the inspectors placed Coleman in the back seat of their car. Donnelly sat in the back with Coleman while Wilson drove.

As Wilson pulled out of the post office parking lot Coleman apologized to the inspectors and asked them to let him go. When Donnelly told Coleman that it was too late — he was already under arrest, Coleman became verbally abusive. He swore at Donnelly and Wilson and referred to his service record in the Marines. The inspectors claimed that Coleman said, “I killed in Vietnam. I can kill again. I’ll kill you and yours.” Coleman conceded that he told the inspectors that he served his coun[562]*562try, but insisted that he did so in order to get better treatment from them.

In the car Donnelly took out his Miranda card and attempted to read the rights to Coleman. Instead of listening Coleman told Donnelly to “shut the fuck up” and began to bang his head against the inside wall of the car and to kick the back of the front seat. Coleman testified that he loosened his seat belt in order to relieve some of the pressure on his stomach. Don-nelly observed him loosening his seat belt, said, “What are you trying to do, escape?”, and pushed him against the door, causing him to bang his head against the window.

Donnelly asked Wilson to stop the car because he wanted to handcuff Coleman behind his back. Wilson stopped the car, and the inspectors flagged down a Lombard, Illinois police patrol officer for assistance. With this officer’s help, the inspectors recuffed Coleman with his hands behind his back, and tried to get him back into the car. But Coleman held his body rigid and would not budge. After several tries Coleman stopped resisting. He allowed the inspectors to place him in the car with the seat belt secured across his stomach.

Back on the road Coleman again complained of stomach pains and said he thought he might vomit. He began moving around and managed to get his pant belt undone and to get out of his seat belt. He also tried to pull his pants down. Donnelly testified that Coleman said, “If you’re going to treat me like an animal, I’m going to act like an animal. I’m going to shit in your car.” Coleman testified that he pulled down his pants to relieve the pressure on his stomach, and that he told the inspectors he needed to use the bathroom and did not “want to use the bathroom in the car.” In any event, Coleman made such a commotion that Wilson was unable to radio for assistance from the car. He had to stop the car at a restaurant and have Donnelly use a public phone.

While Donnelly was in the restaurant, Coleman bent forward over the back of the front seat. Coleman said he did this because he felt sick to his stomach. Wilson tried to push Coleman back into the seat by grabbing him by the throat and applying pressure in the process. He also hit Coleman’s upper left arm several times with his sap.

Donnelly came back to the car and saw Coleman trying to get into the front seat. Donnelly also saw that Wilson had his left hand on Coleman’s throat and was using his right hand to hit Coleman in the arm with the sap. Donnelly opened the rear door of the car and pulled back on Coleman’s handcuffs. As he did so Coleman lunged forward, snapping the chain on Donnelly’s fingers.

A DuPage County deputy sheriff eventually arrived with a cage car.

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Related

United States v. Phillip Coleman
930 F.2d 560 (Seventh Circuit, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
930 F.2d 560, 1991 U.S. App. LEXIS 6197, 1991 WL 57358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-phillip-coleman-ca7-1991.