Charles Waters v. B. Madson
Opinion
In 2016, Charles Waters refused to allow Menards home supply store employees, pursuant to posted store policy, to search the trunk of his vehicle as he exited a Menards lumberyard in Coon Rapids, Minnesota. Mr. Waters eventually called the police, who responded to the scene. Based on this encounter, Mr. Waters and his wife Anita filed a 19-count Amended Complaint in federal district court,
1
alleging violations of both federal and state law against the City of Coon Rapids, various Coon Rapids police officers, and Menard, Inc. The defendants filed a motion to dismiss the Amended Complaint pursuant to Fed. R. Civ. P. 12(b)(6), which the district court granted. Mr. and Mrs. Waters now appeal. Having jurisdiction under
I.
On March 27, 2016, Appellants visited a Menards store in Coon Rapids, Minnesota, to exchange a saw Mr. Waters had previously purchased for a new saw he had purchased online. Mr. Waters video-recorded their visit through a sunglass camera clipped to his shirt. 2 (He later posted excerpts of this video on his YouTube channel. See Dist. Ct. Dkt. 16-1.) An employee inside the store directed Appellants to the online pickup location inside the Menards lumberyard. Mr. Waters drove into the lumberyard with Mrs. Waters in the passenger seat. While it is undisputed that Menards had posted signs at the yard's entrance and exit stating that vehicles leaving the lumberyard were subject to inspection, Appellants claim they did not see any such signs upon entry.
After Appellants arrived in the lumberyard, a Menards employee loaded the saw into their vehicle's trunk. Appellants then proceeded to the lumberyard exit, where a Menards employee requested that they open their vehicle's trunk for inspection as per the signs. Mr. Waters refused, stating that he had no legal obligation to do so.
When the gate employee refused to open the exit gate and called for a manager, Mr. Waters called the police.
Coon Rapids police officers Alyssa Smith 3 and Emily Kirchner arrived in response to Mr. Waters's call. After being told by the Menards manager that posted store policy required Menards to verify Mr. Waters's purchase before Appellants could leave the lumberyard and that Mr. Waters believed he was being unlawfully detained, Officer Smith approached Appellants' vehicle and told Mr. Waters to allow the Menards employees to verify his purchase. When Mr. Waters refused, Officer Smith asked Mr. Waters for identification, which he refused to provide, stating that he was "not currently driving" and did not have to "provide ID until there [was] a reasonable suspicion of a crime." Officer Smith informed Mr. Waters that she had reasonable suspicion he had committed a crime because he would not open the trunk.
Officer Smith then asked Mr. Waters to step out of his vehicle, and Officer Kirchner explained that, because Mr. Waters was noncompliant with Menards policy, the officers reasonably suspected he had something in his vehicle's trunk that he was not supposed to have. The officers again told Mr. Waters to step out of his vehicle. Mr. Waters, still video-recording, stated, "I'm being ordered out of my vehicle. I'm being placed under arrest," to which Officer Smith calmly responded, "I didn't say you were under arrest; I said you need to step out of the vehicle." When Mr. Waters asked if he was free to go, Officer Smith stated, "You are not free to go." Mr. Waters replied, "Then I'm being detained. Under what reasonable suspicion of what crime?" The officers again told Mr. Waters to get out of his car and he repeated his question, then repeatedly asked the officers for their names and badge numbers. Officer Kirchner told Mr. Waters yet again to step out of his car and, when he failed to comply, told him he could go to jail.
Mr. Waters eventually complied with orders to step out of his car. Officer Kirchner searched him for weapons and told him that the officers had "reasonable suspicion that [he] ha[d] something in the trunk," stating, "You came into a shipment yard which has a policy that you are not supposed to leave without showing the product that you have picked up, and you are not willing to do that." Officer Kirchner then handcuffed Mr. Waters, who is significantly taller than either of the female officers, and placed him in the back seat of a squad car. Officer Smith spoke to the nearby Menards employees and asked them if they had ever dealt with sovereign citizens, mentioning that Mr. Waters's behavior resembled that exhibited by sovereign citizens. 4
Officer Smith then returned to Appellants' vehicle. When Officer Smith asked if Mr. Waters was a sovereign citizen, Mrs. Waters replied that her husband "takes it all very seriously." Officer Smith then told Mrs. Waters that Mr. Waters was creating more problems for himself. Mrs. Waters responded, "I know." Officer Smith asked Mrs. Waters to identify her husband, and Mrs. Waters did so.
While Officer Smith was speaking with Mrs. Waters, Coon Rapids Police Sergeant Brady Madson arrived on scene. Officer Smith conferred with Sergeant Madson. Officer Kirchner 5 then approached Mrs. Waters and asked, "Would you be willing to open the trunk for these gentlemen? Because that's the only thing that's holding us up here." When Mrs. Waters explained that Appellants had come into the lumberyard to pick up a saw, which a Menards employee placed in the trunk for them, Officer Kirchner stated, "It'd be doing us a huge favor if you could just bring that invoice and step out with these guys and pop the trunk for us. We'll chalk it up to [Mr. Waters] having a bad day." Mrs. Waters did as Officer Kirchner requested. A Menards employee and one of the officers looked into the trunk and verified the purchase. The officers then released Mr. Waters, issuing a trespass warning that prevented him from reentering the Coon Rapids Menards for a year.
After receiving the trespass warning but before leaving the lumberyard, Mr. Waters requested the officers' names and badge numbers. He approached Sergeant Madson to read the name and badge number off the sergeant's uniform. When Mr. Waters reached well within arm's length of Sergeant Madson, the sergeant physically turned Mr. Waters away from him and pushed him toward Appellants' vehicle. Appellants then drove out of the lumberyard. The entire encounter with the officers lasted less than twenty minutes.
Following the incident, Mr. Waters emailed the Coon Rapids Police Department, seeking to file a formal complaint against the officers involved. Captain Thomas Hawley initially refused to accept a written complaint through email, stating that Mr. Waters or his representative needed to communicate with the police department by telephone or in person. Although the record does not indicate that Mr. Waters, personally or through a representative, further communicated with the department other than by email, Coon Rapids Chief of Police Brad Wise reviewed Mr. Waters's complaint, determined the officers had acted lawfully, and formally closed the complaint.
Appellants filed a 19-claim Amended Complaint in the United States District Court for the District of Minnesota, alleging violations of the First, Fourth, and Fourteenth Amendments, Title II of the Americans with Disabilities Act, § 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, as well as common-law claims for false imprisonment, battery, defamation, trespass, invasion of privacy, and negligence. They named Sergeant Madson, Officers Smith and Kirchner, and Captain Hawley, in their individual capacities; the City of Coon Rapids; and Menard, Inc. as defendants.
Menards filed a motion to dismiss for failure to state a claim under Fed. R. Civ. P. 12(b)(6), alleging that Menards is not a state actor and that Appellants consented to the search of their vehicle's trunk when they entered the lumberyard. The officers and the City also filed a Rule 12(b)(6) motion to dismiss, arguing that Appellants failed to plausibly allege their claims and raising the affirmative defenses of qualified, official, and absolute immunity. All defendants moved in the alternative for summary judgment.
The district court found that, with the exception of their Fourth Amendment claim for unlawful search, Appellants failed to plausibly allege any violation of their clearly-established constitutional rights, and that the officers were therefore entitled to qualified immunity on all but one of Appellants' constitutional claims. While the district court determined that Appellants plausibly alleged a violation of their clearly-established constitutional right to be free from unlawful searches, it also determined that they failed to allege, as required for a damages claim under
Appellants subsequently settled their claims against Menard, Inc. They now appeal the district court's dismissal of their claims against the officers and the City for interference and retaliation under the First Amendment; unlawful arrest, excessive force, unlawful search, and unlawful seizure under the Fourth Amendment; and false imprisonment, battery, and defamation under Minnesota common law; and their claim against the City under
Monell v. Department of Social Services
,
II.
We review de novo a grant of a motion to dismiss for failure to state a claim under Fed. R. Civ. P. 12(b)(6), accepting as true all factual allegations in the light most favorable to the nonmoving party.
Aten v. Scottsdale Ins. Co.
,
Appellants brought a multitude of constitutional claims under
Because qualified immunity protects officers from suit, not merely from liability, courts should "resolv[e] immunity questions at the earliest possible stage in litigation."
Hunter v. Bryant
,
The district court dismissed all of Appellants' constitutional claims on qualified immunity grounds except the unlawful search claim, which it dismissed for failure to state a claim. Similarly, on each of Appellants' constitutional claims, we will first determine whether qualified immunity is applicable and, if not, whether Appellants stated sufficient facts to survive a Rule 12(b)(6) motion to dismiss.
Appellants also brought a number of tort claims under Minnesota common law.
6
Police officers in Minnesota may avoid state tort actions through the application of another affirmative defense-official immunity.
Elwood v. Rice County
,
We now address each of the eleven claims on appeal.
III.
Appellants brought four claims for violation of their Fourth Amendment rights. The Fourth Amendment guarantees the right to be free from "unreasonable searches and seizures." U.S. Const. amend. IV. Mr. Waters alleges unlawful arrest and excessive force, Mrs. Waters alleges unlawful seizure, and both Mr. and Mrs. Waters allege unlawful search. We analyze each of these claims in turn.
A.
Count 3 of the Amended Complaint alleges that Officers Smith and Kirchner and Sergeant Madson violated Mr. Waters's Fourth Amendment rights by detaining or arresting him without probable cause. Police officers violate the Fourth Amendment when they conduct an arrest without a warrant or probable cause.
Baribeau v. City of Minneapolis
,
In determining whether an officer possessed reasonable suspicion to conduct a temporary investigative detention, or "
Terry
stop," courts look only at the information the officer possessed at the time.
See
Terry
,
The district court dismissed the unlawful detention claim, finding that the officers had arguable reasonable suspicion to detain Mr. Waters and were thus entitled to qualified immunity. Appellants argue that the officers did not have reasonable suspicion or arguable reasonable suspicion to detain Mr. Waters. Alternatively, Appellants contend that the officers needed arguable probable cause because the temporary detention became a de facto arrest when the officers handcuffed Mr. Waters and detained him "in the squad car for twenty minutes." Appellant's Br. 43.
With respect to this claim, we need not discuss arguable reasonable suspicion because, in fact, the officers acted pursuant to reasonable suspicion in detaining Mr. Waters. The videos attached to the pleadings show that Mr. Waters refused to open his vehicle's trunk at the lumberyard exit, despite signs at the entrance and exit informing visitors that vehicles would be inspected as they left the lumberyard. The requirement was clearly part of Menards's customary protocol as customers exited the lumberyard after picking up merchandise in their vehicles. Officers Smith and Kirchner arrived at Menards in response to Mr. Waters's 911 call and Mr. Waters refused to identify himself to the officers or to allow anyone to verify his purchase. At that point, Officer Smith and Officer Kirchner had "a particularized and objective basis" to detain Mr. Waters.
Thomas v. Dickel
,
Indeed, the officers told Mr. Waters at the time that he was being detained that his refusal to comply with Menards's clearly-posted policy afforded them reasonable suspicion that he had something incriminating in his vehicle's trunk. Because Officers Smith and Kirchner possessed specific, articulable facts that led them to suspect Mr. Waters might be engaged in criminal activity,
see
Hiibel v. Sixth Jud. Dist. Ct. of Nev.
,
Having concluded that the officers possessed reasonable suspicion to detain Mr. Waters, we must next determine whether that detention became a de facto arrest. "A
Terry
stop may become an arrest, requiring probable cause, if the stop lasts for an unreasonably long time or if officers use unreasonable force."
United States v. Newell
,
The Supreme Court has held "that a twenty-minute detention was reasonable when the police acted diligently and defendant contributed to the delay."
United States v. Bloomfield
,
"[T]he use of handcuffs during a
Terry
stop ... requires some reasonable belief that the suspect is armed and dangerous or that the restraints are necessary for some other legitimate purpose."
El-Ghazzawy v. Berthiaume
,
In determining that the officer in
El-Ghazzawy
acted unreasonably, we relied on five factors: (1) the officer had no indication that El-Ghazzawy was armed and
dangerous; (2) theft by swindle, the suspected crime, did not necessarily involve a weapon; (3) El-Ghazzawy exhibited no suspicious behavior and cooperated with officers throughout the incident; (4) the officer failed to conduct any investigation before handcuffing El-Ghazzawy; and (5) no exigent circumstances existed because the pawn shop already had possession of the allegedly counterfeit watches.
By contrast, when the officers here arrived on scene, they spoke to the Menards employees and Mr. Waters to determine the situation. They did not handcuff Mr. Waters or detain him in the squad car until he disobeyed multiple commands to step out of his vehicle. Mr. Waters exhibited suspicious behavior before the officers even arrived on the scene by failing to allow store employees to verify his purchase pursuant to a posted policy, and he continued to exhibit suspicious behavior by failing to identify himself or comply with the officers' instructions to step out of his vehicle.
See
United States v. Jones
,
The officers did not know Mr. Waters's background and witnessed his argumentative, evasive, and uncooperative behavior.
See
United States v. Bailey
,
We note that Mr. Waters's unpredictability, evasiveness, argumentative demeanor, refusal to disobey legitimate officer commands, and the size difference between Mr. Waters and the officers, each viewed in isolation, likely would not justify the officers' use of restraints in this case. However, viewed as a whole, these factors could cause Officers Smith and Kirchner to reasonably believe they needed to handcuff Mr. Waters and place him in the squad car to preserve the status quo.
See
Because we view the officers' actions in the context of the totality of the circumstances,
see
El-Ghazzawy
,
B.
Count 6 of the Amended Complaint alleges that Officers Smith and Kirchner and Sergeant Madson seized Mrs. Waters in violation of the Fourth Amendment when they threatened to arrest her if she did not provide Mr. Waters's identifying information and allow officers to search the trunk of the Waters's vehicle. The district court dismissed this claim because the officers detained Appellants pursuant to arguable reasonable suspicion.
It is well-settled law in this circuit that both a passenger and a driver are seized during a
Terry
stop of a vehicle.
United States v. Oliver
,
C.
Count 4 of the Amended Complaint asserts that Officer Smith
7
and Sergeant Madson violated Mr. Waters's Fourth Amendment rights by using excessive force against him. To state an excessive force claim under the Fourth Amendment, a plaintiff must show that an officer's use of force was "objectively unreasonable, given the facts and circumstances of the particular case, as 'judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.' "
Chambers v. Pennycook
,
The district court dismissed this claim because Appellants failed to plausibly allege that Sergeant Madson's use of force was objectively unreasonable, and because Mr. Waters failed to plead the requisite resulting injury from the handcuffing. While Appellants argue on appeal that the district court improperly dismissed this claim, in their opening brief they only discuss the district court's decision as it pertains to the claim against Sergeant Madson. They have therefore waived the right to appeal the district court's dismissal of their excessive force claim against Officer Smith.
See
Chavero-Linares v. Smith
,
We find that Sergeant Madson used objectively reasonable force in redirecting Mr. Waters out of his personal space. The video attached to the pleadings shows Mr. Waters approach well within arm's length of Sergeant Madson, who was leaning on the squad car. Sergeant Madson then turned Mr. Waters away from him and gave him a light push in the direction of Appellants' vehicle. We find this to be a de minimis use of force,
see
Cavataio v. City of Bella Villa
,
Because a de minimis use of force cannot form the basis for a Fourth Amendment excessive force claim, it cannot be objectively unreasonable in this context.
See
D.
Count 16 of the Amended Complaint asserts that Officers Smith and Kirchner and Sergeant Madson violated Appellants' Fourth Amendment rights by searching Appellants' vehicle without lawful authority. While the Fourth Amendment generally prohibits unreasonable searches,
see
Terry
,
Here, the officers contend that Mrs. Waters voluntarily consented to the search of Appellants' vehicle, while Appellants argue that Mrs. Waters was coerced into consenting. The district court concluded that Appellants alleged sufficient facts to preclude dismissal of this claim on voluntary consent grounds. However, the district court also found that Appellants failed to allege any actual, compensable injury stemming from the officers' search of their vehicle's trunk and, thus, failed to state a claim for damages under § 1983. A plaintiff seeking damages under § 1983 for an unreasonable search must allege (1) an unlawful search and (2) an "actual, compensable injury[,]"
Heck v. Humphrey
,
Appellants argue on appeal that they supported their unlawful search claim by pleading over $75,000 in emotional distress damages. However, in their Amended Complaint, Appellants tied these damages directly to their false imprisonment, excessive force, battery, and unlawful seizure claims. They did not allege any damages stemming specifically from the officers' search of their vehicle's trunk.
See
Miller v. Albright
,
IV.
Appellants brought three claims under
A.
In order to overcome qualified immunity and state a plausible claim for interference with his First Amendment rights under § 1983, a plaintiff must show that a state actor impeded his ability to exercise a clearly-established constitutional right.
Pearson
,
We require a fourth element in retaliatory arrest cases: "lack of probable cause or arguable probable cause."
Peterson v. Kopp
,
As discussed above,
supra
Part III.A, a temporary detention, unlike an arrest, may be premised on the less-stringent requirements of reasonable suspicion.
See
Wardlow
,
Appellants allege that the officers retaliated against Mr. Waters for challenging their actions by "arresting him, using excessive and deliberately painful force, handcuffing [him], ... and banning him from Coon Rapids Menards for one year." Am. Compl. 24, Dist. Ct. Dkt. 28. The district court dismissed Appellants' retaliation claim, finding that the officers were entitled to qualified immunity because they had arguable reasonable suspicion to temporarily detain Mr. Waters. Appellants argue that the district court incorrectly required the officers to act pursuant to arguable reasonable suspicion rather than the higher standard of probable cause. Appellants' arguments are premised on their construction of Mr. Waters's detention as an arrest. However, as we have determined that Mr. Waters was never arrested, we agree with the district court that the applicable standard is reasonable suspicion, not probable cause. For the reasons stated above we find that the officers had reasonable suspicion to briefly detain Mr. Waters. We therefore find that the officers did not unconstitutionally retaliate against Mr. Waters because of his exercise of his First Amendment rights. The officers are entitled to qualified immunity, and we affirm the district court's dismissal of Appellants' First Amendment retaliation claim.
B.
Appellants further contend that the officers violated Mr. Waters's First Amendment rights to free speech, free assembly, and free association by "physically handcuffing and arresting him to prevent him from monitoring their activity and questioning their actions." Am. Compl. 23, Dist. Ct. Dkt. 28. However, as referenced in the previous section, individuals do not have a recognized "First Amendment right to be free from a retaliatory arrest that is supported by probable cause[,]"
Reichle
,
V.
Count 7 of the Amended Complaint alleges that, under § 1983 and
Monell
,
Appellants assert the City violated their First, Fourth, and Fourteenth Amendment rights because Chief Wise-an official policymaker-ratified the officers' actions during the Menards incident when he determined the officers acted lawfully and closed Mr. Waters's formal complaint. The district court dismissed Appellants' claim, finding that they failed to establish causation. We agree with the district court that Chief Wise's after-the-fact determination did not cause the alleged violations of Appellants' constitutional rights and that Appellants, therefore, cannot premise a Monell claim on Chief Wise's actions. Because Appellants do not identify a causal link between an official municipal custom or policy and the alleged constitutional violations, they fail to state a Monell claim for municipal liability. We therefore affirm the district court's dismissal of this claim.
VI.
Count 10 of the Amended Complaint alleges that Officers Smith and Kirchner, Sergeant Madson, and the City falsely imprisoned Mr. Waters by failing to investigate whether he had shoplifted, physically restraining him without arresting him for failing to produce identification, and placing him in the back seat of a squad car in handcuffs. Count 11 asserts that the officers falsely imprisoned Mrs. Waters. Under Minnesota law, police officers falsely imprison a plaintiff if they arrest or detain him "without proper legal authority."
Lundeen v. Renteria
,
VII.
Count 12 of the Amended Complaint alleges that Sergeant Madson committed battery against Mr. Waters when he physically turned Mr. Waters away from him and pushed Mr. Waters in the direction of Appellants' vehicle. "Battery is an intentional, unpermitted offensive contact with another."
Johnson v. Morris
,
see also
Paradise v. City of Minneapolis
,
The district court dismissed Appellants' battery claim because Appellants failed to plausibly allege that Sergeant Madson used objectively unreasonable force, especially in light of the Amended Complaint's failure to allege that Mr. Waters suffered any injury. As with their Fourth Amendment excessive force claim, Appellants present no argument that Sergeant Madson employed excessive force in removing Mr. Waters from his personal space and have therefore waived the right to challenge the district court's characterization of that force as reasonable. Indeed, Appellants present no meaningful argument at all regarding this claim.
See
Cox v. Mortg. Elec. Registration Sys., Inc.
,
VIII.
Count 13 of the Amended Complaint alleges that Officer Smith committed defamation when she accused Mr. Waters, in front of third party bystanders, of acting like a sovereign citizen. The district court dismissed the claim, finding that Officer Smith's statement was a subjective opinion and, thus, not actionable,
see
Turkish Coal. of Am., Inc. v. Bruininks
,
IX.
The judgment of the district court is affirmed in full.
The Honorable Paul A. Magnuson, United States District Judge for the District of Minnesota.
Appellants attached a highly-edited version of Mr. Waters's sunglass camera recording and the officers' squad car recordings to their Amended Complaint. Appellees produced the dashboard camera video from Officer Smith's squad car in support of their motion to dismiss. The district court determined that the videos were "necessarily embraced by the pleadings" and considered them, together with the pleadings, when ruling on Appellees' motion to dismiss.
See
Ashanti v. City of Golden Valley
,
At the time of the incident, Officer Smith's name was Alyssa Newbury. For consistency with the district court opinion, we refer to her as Officer Smith.
Sovereign citizens are a loosely-affiliated group who believe government in the United States operates illegitimately and outside the bounds of its jurisdiction. FBI Counterterrorism Analysis Section, Sovereign Citizens: A Growing Domestic Threat to Law Enforcement , FBI L. Enforcement Bull., Sept. 2011, at 20, 21. The FBI has labeled the sovereign citizens a domestic terrorist group. See Domestic Terrorism: The Sovereign Citizen Movement , FBI (Apr. 13, 2010), https://archives.fbi.gov/archives/news/stories/2010/april/sovereigncitizens_041310/domestic-terrorism-the-sovereign-citizen-movement.
The district court's Order misidentifies Officer Kirchner as Officer Smith during this interaction.
While a district court may decline to exercise supplemental jurisdiction over a state-law claim brought pendent to federal-question claims when the district court "has dismissed all claims over which it has original jurisdiction," it is not required to do so if declining jurisdiction would run contrary to "judicial economy, convenience, fairness, and comity."
City of Chicago v. Int'l Coll. of Surgeons
,
Mr. Waters's video shows, and Appellants concede on appeal, that Officer Kirchner, rather than Officer Smith, handcuffed Mr. Waters. See Appellant's Br. 16.
This is the standard for compensatory and punitive damages under § 1983.
See
Stachura
,
Reference
- Full Case Name
- Charles WATERS; Anita Waters Plaintiffs - Appellants v. B. MADSON; Alyssa Newbury; City of Coon Rapids Defendants - Appellees Menard, Inc. Defendant Tom Hawley; Emily Kirchner Defendants - Appellees
- Cited By
- 197 cases
- Status
- Published