Vivian Skovgard v. Jeff Pedro
448 F. App'x 538
6th Cir.2011Background
- Plaintiffs Skovgard and Gros protested outside the Center, adjacent to Wheatland Avenue, often on grassy areas near the property line.
- Kaminski, Center security, asked them to leave the grassy area; plaintiffs continued walking on grass and sidewalk.
- Police were called; Pedro and Mannix arrested plaintiffs for criminal trespass, transporting them to the city jail.
- Charges were later dismissed because plaintiffs were found to be on the public right-of-way rather than private property.
- City policies and training about trespass and boundary issues were limited prior to the 2007 incident; post-incident, some guidance was provided.
- Plaintiffs sued, alleging Fourth, First, Fifth/Fourteenth Amendment violations and state-law claims; district court granted summary judgment for defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Fourth Amendment probable cause for arrest | Gros and Skovgard were on public right-of-way; officers lacked probable cause. | Officers reasonably believed trespass on private property; probable cause existed. | Qualified immunity; probable cause supported arrest given observed trespass. |
| First Amendment retaliation claim | Arrest was to deter protest on public right-of-way due to content. | Arrests based on trespass, not retaliation for speech. | Dismissed; no evidence of content-based retaliation; actions tied to trespass. |
| Municipal liability under Monell | City failed to train/discipline officers on trespass boundaries and First Amendment rights. | No deliberate indifference; training post-incident addressed issues; no policy or custom shown. | Not liable under Monell; no deliberate-indifference showing. |
Key Cases Cited
- Devenpeck v. Alford, 543 U.S. 146 (U.S. 2004) (probable cause depends on facts known at arrest)
- Michigan v. DeFillippo, 443 U.S. 31 (U.S. 1979) (institution of probable cause not dependent on actual crime)
- Logsdon v. Hains, 492 F.3d 334 (6th Cir. 2007) (probable cause and no duty to investigate further)
- Gardenhire v. Schubert, 205 F.3d 303 (6th Cir. 2000) (probable cause inquiry need not be augmented with exculpatory searches)
- Bodzin v. City of Dallas, 768 F.2d 722 (5th Cir. 1985) (duty to investigate boundaries of public right-of-way before trespass arrest)
- Kelley v. Myler, 149 F.3d 641 (7th Cir. 1998) (duty to investigate not part of probable cause determination)
- Frisby v. Schultz, 487 U.S. 474 (U.S. 1988) (First Amendment protections in public forums)
- Pouillon v. City of Owosso, 206 F.3d 711 (6th Cir. 2000) (time/place/m manner Restrictions in public forums)
- Risbridger v. Connelly, 275 F.3d 565 (6th Cir. 2002) (clearly established rights inquiry in qualified immunity)
- Wilson v. Layne, 526 U.S. 603 (U.S. 1999) (officials must be aware of constitutional rights in applying law)
- Hope v. Pelzer, 536 U.S. 730 (U.S. 2002) (officials on notice that conduct may violate rights in novel contexts)
- Monell v. Department of Social Services, 436 U.S. 658 (U.S. 1978) (local governments liable only for official policy or custom)
- City of Canton v. Harris, 489 U.S. 378 (U.S. 1989) (deliberate indifference required for failure-to-train claims)
- Leach v. Shelby Cnty. Sheriff, 891 F.2d 1241 (6th Cir. 1989) (evidence of policy indifference may establish liability)
- Marchese v. Lucas, 758 F.2d 181 (6th Cir. 1985) (policies and ratification considerations in liability)
- Logsdon v. Hains, 492 F.3d 334 (6th Cir. 2007) (repeated; see above)