Wourms v. Fields

742 F.3d 756, 2014 WL 448450, 2014 U.S. App. LEXIS 2221
CourtCourt of Appeals for the Seventh Circuit
DecidedFebruary 5, 2014
DocketNo. 13-1178
StatusPublished
Cited by3 cases

This text of 742 F.3d 756 (Wourms v. Fields) 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
Wourms v. Fields, 742 F.3d 756, 2014 WL 448450, 2014 U.S. App. LEXIS 2221 (7th Cir. 2014).

Opinion

POSNER, Circuit Judge.

Sixteen-year-old Dane Wourms was killed when, in a high-speed pursuit in April 2007 by an unmarked police car that began shortly after 1 a.m., his car veered off the road and crashed. The personal representative of Wourms’s estate (his father) brought this suit under 42 U.S.C. § 1983 against the officer driving the police car. The additional defendant, the officer’s employer, is joined only as a potential indemnitor should the officer be found liable; we can ignore it. Another redundancy is the naming of the estate, in the complaint and all subsequent filings in the district court and this court, as a plaintiff in addition to the estate’s personal representative. That’s equivalent to the government’s filing a suit in the name of the Justice Department and Attorney General Holder, as two separate plaintiffs. We have reformed the caption to eliminate the estate as a party, since an executor or administrator of an estate (and the personal representative of Dane Wourms’s estate must be one or the other) is the authorized suitor on the estate’s behalf, not the estate itself or its beneficiaries. See Fed. R.Civ.P. 17(a)(1)(A), (B).

The plaintiff argues that the crash was caused by the police ear’s intentionally ramming Wourms’s car, resulting in an unconstitutional seizure of his person and property. The officer denied that his car had touched Wourms’s car, and the district court granted summary judgment for the officer on the ground that the evidence obtained in pretrial discovery was insufficient to enable a reasonable jury to find that the cars had collided.

By basing his claim solely on the Fourth Amendment the plaintiff commits to proving that the police car hit Wourms’s car, for otherwise there was no seizure of person or car. Brower v. County of Inyo, [758]*758489 U.S. 593, 595-97, 109 S.Ct. 1378, 103 L.Ed.2d 628 (1989); Steen v. Myers, 486 F.3d 1017, 1021-22 (7th Cir.2007). It’s not enough that the decision of the police officer to pursue Wourms almost certainly-played a causal role in the accident. Wourms was already driving erratically when the officer, warned by a 911 call from Wourms’ mother that her son was drunk and “going crazy,” turned on his emergency lights to signal him to pull over. The signal prompted Wourms to speed up in an effort to escape. Soon he was going 75 to 80 miles per hour on a stretch of highway that had a posted speed limit of 25 m.p.h. Fleeing the police, and at such a speed, was criminally reckless behavior, Wis. Stat. §§ 346.04, 346.62; cf. State v. Bartlett, 149 Wis.2d 557, 439 N.W.2d 595, 597, 599 (App.1989); People v. Pike, 197 Cal.App.3d 732, 243 Cal.Rptr. 54, 64-65 (1988); People v. Harris, 52 Cal.App.3d 419, 125 Cal.Rptr. 40, 45-46 (1975) (per curiam), for which Wourms was as a legal matter entirely responsible; the police officer had every legal right to signal Wourms to pull over because of his erratic driving and his mother’s warning.

Nevertheless had the cars collided, Wourms would have had a good Fourth Amendment claim if it were proved that the collision had been the result of the pursuing officer’s using excessive force to cause Worms’s ear to stop. Graham v. Connor, 490 U.S. 386, 388, 395-97, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989); Tennessee v. Gamer, 471 U.S. 1, 7-8, 105 S.Ct. 1694, 85 L.Ed.2d 1 (1985); Cyrus v. Town of Mukwonago, 624 F.3d 856, 861-62 (7th Cir.2010); Anderson v. Branen, 17 F.3d 552, 558-59 (2d Cir.1994). The exertion of force excessive in the circumstances would be unreasonable. But ramming a recklessly driven car to induce the driver to stop, or even to cause the car to crash, need not be unreasonable. Compare Scott v. Harris, 550 U.S. 372, 383-86, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007), with Walker v. Davis, 649 F.3d 502, 503 (6th Cir.2011). Suppose a driver being chased by the police is going 100 miles per hour on an open highway and ahead is a school bus moving slowly, and the pursuing police officer reasonably decides that the only way he can save the children in the school bus is by ramming the ear that he’s pursuing, thereby causing it to swerve off the road before it hits the bus. The officer would not have violated the Fourth Amendment, whatever the consequences to the car’s driver. Scott v. Harris, supra, 550 U.S. at 386, 127 S.Ct. 1769; Pasco ex rel. Pasco v. Knoblauch, 566 F.3d 572, 579-82 (5th Cir.2009); Ab-ney v. Coe, 493 F.3d 412, 413-18 (4th Cir.2007).

The plaintiffs lawyer argues that the defendant officer resorted to what is called the Precision Immobilization Technique, a method of causing a car to stop by ramming it not squarely from behind but instead at an angle, causing it to spin and stop. See “PIT Maneuver,” Wikipedia, http://en.wikipedia.org/wiki/PIT_maneuver (visited Feb. 5, 2014). It’s accepted as a legitimate police tactic in proper circumstances, Sharp v. Fisher, 532 F.3d 1180, 1182, 1184 (11th Cir.2008) (per curiam); Helseth v. Burch, 258 F.3d 867, 869, 872 (8th Cir.2001), but we need not consider whether those circumstances were present in this case, because a reasonable jury could not conclude that the police car collided with Wourms’s car. The district judge was therefore right to grant summary judgment in favor of the defendant, see Russell v. Acme-Evans Co., 51 F.3d 64, 70 (7th Cir.1995), since as we said the plaintiff pitched his entire case on the Fourth Amendment.

If the front of the police car hit Wourms’s car hard enough to cause the car to swerve off the highway, there would [759]*759be marks of collision on both vehicles. There were scratches on both Wourms’s rear right bumper and the front left bumper of the police car — potential signs of a PIT maneuver. But the three expert witnesses — one of them the plaintiffs — submitted reports stating that the scratches on Wourms’s bumper didn’t match those on the police car in height and direction and so could not have been produced by a collision between the two cars.

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Cite This Page — Counsel Stack

Bluebook (online)
742 F.3d 756, 2014 WL 448450, 2014 U.S. App. LEXIS 2221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wourms-v-fields-ca7-2014.