Schumer v. Lee
404 S.W.3d 443
Mo. Ct. App.2013Background
- On Aug. 20, 2008, reserve officer Michael Schumer forcefully grabbed driver Brandon Ellis by the throat, pulled him from his car, and pushed his head toward the trunk during a traffic stop; Ellis was handcuffed and later filed a complaint.
- Velda City Officer Paul witnessed the use of force and testified Ellis was shaken; Schumer resigned and later obtained a Kinloch reserve position but was suspended there for separate misconduct.
- The Administrative Hearing Commission (AHC) found Schumer committed a criminal offense on duty and that his actions showed reckless disregard for safety; the Director adopted the AHC findings and permanently revoked Schumer’s peace officer license.
- Schumer appealed to circuit court, which reversed; the Director appealed to the court of appeals, which reviews the agency decision de novo under Mo. Rev. Stat. § 536.140.2.
- The appeals court considered seven issues raised by Schumer, including constitutional challenges to the disciplinary statute, the applicability of the criminal statute of limitations, sufficiency of evidence for assault and recklessness, adequacy of findings, and validity of the Director’s designee conducting the revocation hearing.
Issues
| Issue | Plaintiff's Argument (Schumer) | Defendant's Argument (Director) | Held |
|---|---|---|---|
| 1. Constitutionality of §590.080 (agency determining criminal conduct) | Administrative discipline determining criminal conduct violates separation of powers and criminal procedural protections | Administrative proceedings for licensure serve public protection, not punishment; statute expressly authorizes agency determinations | Statute constitutional; administrative determination permissible; Points I & II denied |
| 2. Criminal statute of limitations bars administrative proceeding | One-year statute of limitations for assault should bar later disciplinary action | Statute of limitations is a procedural criminal defense and does not bar civil administrative discipline | Statute of limitations inapplicable to administrative discipline; Point III denied |
| 3. Evidence for assault (apprehension of immediate injury) | No direct testimony from Ellis; insufficient evidence he was in apprehension | Officer Paul’s testimony, Ellis’s reactions, and circumstances provide substantial circumstantial evidence | Substantial evidence supports finding of third-degree assault; Point IV denied |
| 4. Reckless disregard standard / need for expert standard of care | No evidence of standard of care or deviation; reckless finding unsupported | Agency produced expert (Sergeant Davis) on use-of-force standards showing force was excessive and dangerous | Expert testimony and record support reckless-disregard finding; Point V denied |
| 5. Required findings for permanent revocation | Director failed to make independent findings and explain maximum discipline | Director adopted AHC findings, held a hearing on discipline, and has statutory discretion to set discipline | Director’s revocation not arbitrary; record supports discipline; Point VI denied |
| 6. Validity of Deputy Director hearing/decision | Director could not delegate non‑ministerial decision; designation invalid or not in writing | Statute expressly allows Director’s designee; Schumer did not object at hearing and waived complaint | Delegation valid under §590.010(2); failure to object waives issue; Point VII denied |
Key Cases Cited
- Bird v. Mo. Bd. of Architects, 259 S.W.3d 516 (Mo. banc 2008) (appellate review of agency decisions)
- Younge v. State Bd. of Registration for the Healing Arts, 451 S.W.2d 346 (Mo. 1969) (administrative discipline may determine criminal conduct for licensing)
- State Bd. of Nursing v. Berry, 32 S.W.3d 638 (Mo. Ct. App. 2000) (burden in licensing disciplinary matters is preponderance of the evidence)
- City of Springfield v. Belt, 307 S.W.3d 649 (Mo. banc 2010) (municipal administrative adjudication allowed where statute authorizes it)
- Dorris v. State, 360 S.W.3d 260 (Mo. banc 2012) (statute of limitations is a procedural defense in criminal prosecutions)
- State v. Vaughn, 940 S.W.2d 60 (Mo. Ct. App. 1997) (circumstantial evidence may suffice for third-degree assault)
- Rednam v. State Board of Registration for the Healing Arts, 316 S.W.3d 357 (Mo. Ct. App. 2010) (agency should explain imposition of maximum discipline where record shows rehabilitation)
- Brown Group, Inc. v. Administrative Hearing Commission, 649 S.W.2d 874 (Mo. banc 1983) (limitations on improper delegation of adjudicative authority)
- Jackson v. Bd. of Directors of Sch. Dist. of Kansas City, 9 S.W.3d 68 (Mo. Ct. App. 2000) (distinguishing improper delegation when statute requires board action)