Jill S. N. Schaffer v. Bryan Beringer
2016 U.S. App. LEXIS 20766
| 8th Cir. | 2016Background
- Shortly after midnight on May 30, 2014, Officer Foley stopped Callissa Schaffer (18) for a broken taillight; officer smelled alcohol in the vehicle and observed Callissa with watery eyes and a flushed face; two passengers had admitted drinking (one minor).
- Callissa refused an on-scene preliminary breath test (PBT); Officer Beringer and others arrived; Callissa and a minor passenger were handcuffed, frisked, and taken to the Vermillion Police Department; the minor later registered .21 on a PBT at the station; Callissa’s PBT more than two hours after the stop showed .00.
- Officer Foley obtained a warrant to compel a PBT based on observations (smell of alcohol, other passengers’ positive PBTs or admissions, Callissa’s appearance); a magistrate issued the warrant.
- Jill Schaffer (Callissa’s mother and an attorney) arrived, challenged officers, and was later indicted and convicted under SDCL § 22-11-6 for obstructing an investigation (no appeal).
- Jill and Callissa sued VPD officers and Chief Betzen under 42 U.S.C. § 1983 asserting (1) unlawful arrest/detention, (2) unlawful frisk/search, (3) false/misleading warrant affidavit, (4) First Amendment retaliation/perjury, and (5) municipal failure to train/policy. The district court granted summary judgment for defendants; the Eighth Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether handcuffing/detaining Callissa was an arrest without probable cause | Schaffers: handcuffing and transport converted detention to arrest; no probable cause for minor-DUI | Officers: had at least arguable probable cause given odor, appearance, admissions by passengers | Court: officers had arguable probable cause; qualified immunity affirmed |
| Validity of frisk/search before transport | Schaffers: frisk was unreasonable absent suspicion of danger | Officers: search incident to lawful arrest justified; alternatively officer safety or limited pat-down | Court: search incident to arrest applies because officers had arguable probable cause; qualified immunity |
| Alleged deliberate/reckless falsehoods in warrant affidavit | Schaffers: Foley omitted/exaggerated facts (e.g., omitted signs suggesting she was a sober designated driver) to obtain warrant | Officers: affidavit contained sufficient truthful facts; omissions not shown intentional or recklessly critical | Court: plaintiff failed to show deliberate/reckless falsehood or that omissions were critical; qualified immunity |
| First Amendment retaliation via perjured trial testimony | Jill: she was retaliated against after threatening suit; officers committed perjury at her obstruction trial | Officers: testimony differences are minor discrepancies, not perjury; Heck may bar claim | Court: discrepancies were minor; no perjury established; retaliation claim fails (Heck potential bar noted) |
| Municipal liability / failure to train or policy | Schaffers: officer trial testimony shows VPD belief that reasonable suspicion suffices; chief failed to train or had policy encouraging arrests without probable cause | Defendants: no official written or unwritten policy shown; no deliberate indifference; arguable probable cause breaks causation | Court: no evidence of policy or deliberate indifference; even if policy existed, arguable probable cause defeats causation; summary judgment for chief |
Key Cases Cited
- Carpenter v. Gage, 686 F.3d 644 (8th Cir. 2012) (qualified immunity standard discussion)
- Walker v. City of Pine Bluff, 414 F.3d 989 (8th Cir. 2005) (warrantless arrest and probable cause principles)
- Ulrich v. Pope County, 715 F.3d 1054 (8th Cir. 2013) (arguable probable cause and objective-reasonableness standard)
- Habiger v. City of Fargo, 80 F.3d 289 (8th Cir. 1996) (arguable probable cause controls immunity inquiry)
- Arizona v. Gant, 556 U.S. 332 (2009) (search incident to lawful arrest scope)
- Meehan v. Thompson, 763 F.3d 936 (8th Cir. 2014) (search incident to arrest and immunity)
- Block v. Dupic, 758 F.3d 1062 (8th Cir. 2014) (false statements in warrant affidavit standard)
- Hawkins v. Gage County, 759 F.3d 951 (8th Cir. 2014) (omission/reckless disregard test for warrants)
- Revels v. Vincenz, 382 F.3d 870 (8th Cir. 2004) (elements of First Amendment retaliation claim)
- Heck v. Humphrey, 512 U.S. 477 (1994) (limitations on § 1983 claims that would imply conviction invalid)
- City of Canton v. Harris, 489 U.S. 378 (1989) (municipal liability for failure to train)
- Monell v. Department of Social Services, 436 U.S. 658 (1978) (municipal liability requires policy or custom)