Wachtler v. County of Herkimer

35 F.3d 77, 1994 WL 498622
Court of Appeals for the Second Circuit·Decided September 9, 1994·No. No. 1328, Docket 93-9135·Published·Cited by 108 cases

Opinion

WINTER, Circuit Judge:

Stephen J. Wachtler, pro se, appeals from Chief Judge MeAvoy’s order dismissing his amended complaint. The complaint asserted numerous federal claims against nineteen defendants, all arising out of an incident in which Wachtler was pulled over for speeding, refused to produce any identification, was subsequently arrested, strip-searched, and spent a night in jail. The district court dismissed or granted summary judgment for the defendants on each of Wachtler’s claims. We affirm except as to the County of Her-kimer. As to the County, we reverse on Wachtler’s claim that he was illegally strip-searched.

BACKGROUND

Assuming Wachtler’s factual allegations to be true, the following events gave rise to his claims. At around 11 p.m. on August 26, 1990, as he drove through the Town of Win-field, New York, he was pulled over for speeding by Gary L. Greene, a state police officer in a marked car. Wachtler asked Greene whether he was under arrest. When Greene responded that “technically” Wacht-ler was under arrest, Wachtler “immediately protected [himjself by invoking his rights,” and refused to answer any further questions without the presence of an attorney. Wacht-ler did not produce a driver’s license when asked.1 Greene then arrested Wachtler for obstructing governmental administration in violation of New York Penal Law § 195.05.

After conducting a pat-down search and handcuffing Wachtler, Greene immediately took Wachtler before Judge John F. Skinner, the nearest available judge, in the adjacent Town of Columbia, New York. After learning the nature of the charge, Judge Skinner asked Wachtler to identify himself. When Wachtler again refused to identify himself, Judge Skinner set bail at $250 and warned Wachtler that he would be sent to the county jail if he did not post bail. Judge Skinner told Greene to have Wachtler’s car towed, and Chuck’s Towing removed the car.

Although Wachtler had close to $1000 in cash at the time, he refused to post bail and claimed indigency. After Wachtler completed an indigency form (and thereby identified himself), Greene copied Wachtler’s name from the form onto the traffic ticket and handed him a copy of the ticket, which charged Wachtler with violating New York Vehicle & Traffic Law § 1180(d) by driving at 47 m.p.h. in a 30 m.p.h. zone.

Upon Wachtler’s arrival at the State Police Barracks, Trooper Harry C. Schlesier fingerprinted Wachtler. Wachtler was then taken to Herkimer County Jail where jailhouse officials Panko, House, Allan, and Epps took his photograph. Wachtler was strip-searched in a private location by one male guard. Wachtler was then placed in “solitary confinement” where he stayed until a friend arrived to post bail some fourteen hours later.

Upon his release, Wachtler retrieved his car from Chuck’s Towing without incident. Wachtler was subsequently prosecuted for speeding, but the matter was dismissed on May 29, 1991 by Judge James W. Smith, Town Justice for the Town of Winfield, because of a violation of the Speedy Trial Act.

Wachtler filed a complaint alleging deprivation of his First, Fourth, Fifth, Ninth and Fourteenth Amendment rights, and naming as a defendant every person with any connection to these events. Wachtler seeks declaratory relief, as well as compensatory and punitive damages. Chief Judge McAvoy, in an opinion delivered from the bench, dismissed all of Wachtler’s claims. Wachtler now appeals that ruling.

DISCUSSION

Wachtler, referencing papers submitted to the district court, apparently challenges every aspect of the district court’s order. However, as explained by Chief Judge McA-voy in his oral ruling, most of Wachtler’s [80]*80allegations either do not state a claim for relief or were properly dismissed on the defendants’ motions for summary judgment based on qualified and absolute immunity. We affirm the district court’s order for substantially the reasons stated by Chief Judge McAvoy as to all but three issues that merit further discussion.

1. False Arrest

Waehtler claims that the district court’s grant of summary judgment to Officer Greene on the ground of qualified immunity was improper. An arresting officer is entitled to qualified immunity from a claim for unlawful arrest if “either (a) it was objectively reasonable for the officer to believe that probable cause existed, or (b) officers of reasonable competence could disagree on whether the probable cause test was met.” Golino v. City of New Haven, 950 F.2d 864, 870 (2d Cir.1991) (citing Malley v. Briggs, 475 U.S. 335, 341, 106 S.Ct. 1092, 1096, 89 L.Ed.2d 271 (1986)), cert. denied, — U.S. —, 112 S.Ct. 3032, 120 L.Ed.2d 902 (1992). Greene is entitled to qualified immunity as a matter of law so long as he shows that “ ‘no reasonable jury, looking at the evidence in the light most favorable to, and drawing all inferences most favorable to, the plaintiffs, could conclude that it was objectively unreasonable for the defendant]’ to believe that he was acting in a fashion that did not clearly violate an established federally protected right.” Robison v. Via, 821 F.2d 913, 921 (2d Cir.1987) (quoting Halperin v. Kissinger, 807 F.2d 180, 189 (D.C.Cir.1986)).

Greene’s belief that he had probable cause to arrest Waehtler was entirely reasonable. After having been lawfully pulled over, Waehtler failed to identify himself or to provide any pedigree information necessary for Greene to complete the speeding ticket. Faced with Wachtler’s baseless invocation of his “rights,” United States v. Adegbite, 846 F.2d 834, 838-39 (2d Cir.1988) (Fifth Amendment rights not implicated by questions concerning pedigree information); United States ex rel. Hines v. LaVallee, 521 F.2d 1109, 1112-13 (2d Cir.1975) (same), cert. denied, 423 U.S. 1090, 96 S.Ct. 884, 47 L.Ed.2d 101 (1976), Greene had no choice but to arrest Waehtler or irresponsibly let him depart without even a citation for the traffic violation. See People v. Ellis, 62 N.Y.2d 393, 396, 477 N.Y.S.2d 106, 107-08, 465 N.E.2d 826, 827-28 (1984) (“[o]nce it became evident that defendant could not be issued a [traffic] summons on the spot because of his inability to produce any identification, the officers were warranted in arresting him to remove him to the police station”).

Greene’s belief that he had probable cause to arrest Waehtler was well-grounded, although he relied upon the wrong statutory provision. Greene arrested Waehtler for obstructing governmental administration in violation of Section 195.05 of the New York Penal Law. Waehtler may be correct that under New York law he could not be successfully prosecuted for a violation of Section 195.05 absent a showing that he obstructed governmental administration through “physical interference.” See People v. Case, 42 N.Y.2d 98, 101, 396 N.Y.S.2d 841, 843, 365 N.E.2d 872, 874 (1977).

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Wachtler v. County of Herkimer, 35 F.3d 77, 1994 WL 498622 (2d Cir. 1994).

35 F.3d 77 (Wachtler v. County of Herkimer) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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