Kenny Jones, Sr. v. City of Elkhart, Indiana
2013 U.S. App. LEXIS 24744
| 7th Cir. | 2013Background
- On Oct. 22, 2008, Lt. Chris Snyder stopped Kenny Jones for speeding after radar showed 53 mph in a 35 mph zone and Snyder observed swerving; a backup officer, Bryan Moore, arrived.
- Snyder observed signs of intoxication (alcohol odor, red/watery eyes, slurred speech), administered field sobriety tests (walk-and-turn), and a portable breath test showed BAC 0.096%.
- Jones disputes some details (who administered the PBT, whether he was told the result, whether he consented to the chemical test) and contends he had consumed only one beer many hours earlier.
- Jones sued under 42 U.S.C. § 1983 against officers and the City of Elkhart alleging Fourth Amendment (false arrest, unlawful stop) and Fourteenth Amendment (equal protection/racial animus, Monell) violations; discovery disputes arose over broad requests for arrest/stop records.
- The district court quashed excessive discovery, granted summary judgment to defendants on all claims, and found no constitutional violation; Jones appealed limited issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for traffic stop (speeding) | Jones denies speeding and challenges radar placement/accuracy | Snyder had radar reading and observed swerving; radar tested before/after | Affirmed: officer had probable cause for stop based on radar and observations |
| Probable cause for arrest (OWI / OWI-refusal / endangerment) | Jones says he drank only one beer earlier and disputes administration/notice of chemical test | Officers observed intoxication signs, failed FSTs, PBT 0.096%; officers reasonably concluded he refused chemical test | Affirmed: probable cause supported arrest for OWI/endangerment and OWI-refusal |
| Monell / municipal liability (policy/custom) | City had institutionalized practice of stops/arrests without probable cause; sought broad discovery to prove pattern | No constitutional violation occurred; discovery requests overbroad and restricted by law; defendants offered narrowed production | Affirmed dismissal: no underlying constitutional violation, so Monell claim fails; discovery rulings not an abuse of discretion |
| District court’s sua sponte ruling on equal protection | Jones contends court improperly granted summary judgment on equal protection without defendants raising it | Court provided notice and opportunity to brief the claim during motion practice; both parties briefed it | Affirmed: not improper sua sponte action because parties had notice and chance to respond |
Key Cases Cited
- Thayer v. Chiczewski, 705 F.3d 237 (7th Cir. 2012) (probable cause standard and totality-of-circumstances analysis)
- Atwater v. City of Lago Vista, 532 U.S. 318 (2001) (officer may arrest for minor offenses even if citation would suffice)
- Qian v. Kautz, 168 F.3d 949 (7th Cir. 1999) (common indicia of intoxication can support OWI arrest)
- Gutierrez v. Kermon, 722 F.3d 1003 (7th Cir. 2013) (field indicia of intoxication support probable cause under Indiana law)
- Sallenger v. City of Springfield, 630 F.3d 499 (7th Cir. 2010) (no municipal § 1983 liability absent constitutional violation)
- Matthews v. City of E. St. Louis, 675 F.3d 703 (7th Cir. 2012) (summary judgment review standard and inferences)
- Parent v. Home Depot U.S.A., Inc., 694 F.3d 919 (7th Cir. 2012) (nonmoving party must present definite, competent evidence to create genuine issue)