Sulata Umed SHETH, Plaintiff-Appellant, v. Jimmie WEBSTER, Officer, Defendant-Appellee. Sulata Umed SHETH, Plaintiff-Appellee, v. Michael Tyrone WILLIAMS, Sergeant, Defendant-Appellant.
Nos. 97-6063, 97-6064
United States Court of Appeals, Eleventh Circuit
April 2, 1998
Before TJOFLAT and BARKETT, Circuit Judges, and PROPST*, Senior District Judge.
Appeals from the United States District Court for the Southern District of Alabama. (No. 96-0041-CB-C), Charles R. Butler, Jr., Judge. *Honorable Robert B. Propst, Senior U.S. District Judge for the Northern District of Alabama, sitting by designation.
Mobile Police Officer Jimmie Webster (Webster) and Mobile Police Sergeant Michael Tyrone Williams (Sergeant Williams) separately appeal from the rulings of the district court. The district court denied these defendants’ motions for summary judgment based on assertions of discretionary function immunity from the state law torts of assault and battery, false arrest and malicious prosecution. The district court also denied Webster qualified immunity from some of the federal claims asserted against him. We affirm the denial of summary judgment on the federal and state law claims with respect to Officer Webster. We reverse the denial of summary judgment on the state law claims with respect to Sergeant Williams.
This case arose out of a dispute on October 28, 1994 between the plaintiff-appellee Sulata Armed Sheth (plaintiff) and Avon Williams. Avon Williams had occupied a room, along with Aquilla Thomas, at the Beverly Motel in Mobile, Alabama which was owned by plaintiff and her husband. At about 7:30 a.m. on October 28, Avon Williams demanded a refund from the motel manager for the remainder of a week‘s rent which Thomas had paid in advance. He was told that the motel had a no refund policy, but that he could return at 10:00 a.m. to discuss it with the plaintiff. Avon Williams was upset. Shortly after 7:30 a.m., Webster arrived at the motel pursuant to a dispatch call which suggested a dispute at the motel. Webster suggested that the manager give a refund to resolve the dispute, but advised Avon Williams that the issue was a civil matter to be resolved “through Small Claims Court.”
After plaintiff arrived at the scene, Avon Williams again demanded a refund. Webster again arrived, pursuant to another dispatch call. We will not repeat all the alleged discussions which took place. During the course of the discussions, Webster became angry at plaintiff and arrested her, placing a handcuff on one wrist and pulling her toward his police car. Plaintiff advised Webster that she was ill, taking medication and extremely claustrophobic.
After the arrest, defendant-appellant Mobile police Sergeant Williams arrived on the scene, pursuant to another dispatch call.2 Webster told Sergeant Williams that plaintiff was resisting arrest. Sergeant Williams then assisted Webster in further cuffing plaintiff and placing her in the police car.
II. PROCEDURAL BACKGROUND
A. Plaintiff‘s Claims
Plaintiff filed her complaint in this action on December 22, 1995. She makes the following state law claims against both Webster and Sergeant Williams: assault and battery, false arrest, malicious prosecution and outrage. She also makes the following federal claims against both Webster and Sergeant Williams: excessive force and unlawful search and seizure in violation of the Fourth and Fourteenth Amendments, denial of due process in violation of the Fifth and Fourteenth Amendments and denial of equal protection in violation of the Fourth (sic) and Fourteenth Amendments.3
B. Defendants-Appellants’ Motions For Summary Judgment and District Court Order
Each defendant-appellant filed a motion for summary judgment. The court will not repeat the well established standards applicable to the consideration of motions for summary judgment. The district court appropriately recited them. Our review is de novo.
The district court granted both defendants-appellants’ motions for summary judgment on the merits as to the plaintiff‘s claim of outrage. With regard to the plaintiff‘s claims of assault and
The district court granted both defendants-appellants’ motions as to the federal claims of denial of due process and equal protection. The district court denied Webster‘s motion as to unlawful search and seizure and excessive force. The district court granted Sergeant Williams’ motion as to unlawful search and seizure and excessive force based upon qualified immunity.
C. Issues On Appeal
Sergeant Williams appeals from the district court‘s denial of state law discretionary function immunity on the state law claims against him. Webster appeals from the district court‘s denial of qualified immunity as to federal law claims against him and from the district court‘s denial of discretionary function immunity as to the state law claims against him. The following issues are presented for appeal: (1) Does this court have jurisdiction to consider Webster‘s interlocutory appeal of denial of qualified immunity under federal law? (2) Is Webster entitled to such immunity? (3) Does this court have jurisdiction to consider an interlocutory appeal of a denial of discretionary
III. COURT‘S ANALYSIS
A. Jurisdiction of Appeal
1. Qualified Immunity
Since both the district court and the defendants rely on the facts as alleged by the plaintiff, there are, at this stage, no disputed facts. We thus conclude that we have jurisdiction to consider Webster‘s appeal of denial of qualified immunity with regard to the federal claims against him. Mitchell v. Forsyth, 472 U.S. 511, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985). This is not a case such as is addressed in Johnson v. Jones, 515 U.S. 304, 115 S.Ct. 2151, 132 L.Ed.2d 238 (1995) where the court “resolved a fact-related dispute.” Id. at 307, 115 S.Ct. at 2153. In Johnson, the defendants contended that “we didn‘t do it.” Id. at 308, 115 S.Ct. at 2154. The issues appealed here concern “not which facts the parties might be able to prove, but, rather, whether or not certain given facts showed a violation of “clearly established’ law“. Id. at 311, 115 S.Ct. at 2155, citing Mitchell. “[A] qualified immunity ruling ... is ... a legal issue that can be decided with reference only to undisputed facts and in isolation from the remaining issues of the case.” Id. at 313, 115 S.Ct. at 2156, quoting Mitchell. “We review such orders de novo, and resolve all issues of material fact in favor of the plaintiff.... We then answer the legal question of whether the defendants are entitled to qualified immunity under that version of the facts.” Thornton v. City of Macon, 132 F.3d 1395, 1397 (11th Cir.1998). See also Foy v. Holston, 94 F.3d 1528 (11th Cir.1996).
2. Discretionary Function Immunity
Apparently recognizing that certain state police officers are entitled to absolute immunity as constitutional officers and that other state police officers are entitled to discretionary function immunity, but that county and municipal police officers arguably had no immunity, the Alabama Legislature adopted
Every peace officer, except constables, who is employed or appointed pursuant to the Constitution or statutes of this state, whether appointed or employed as such peace officer by the state or a county or municipality thereof, or by an agency or institution, corporate or otherwise, created pursuant to the Constitution or laws of this state and authorized by the Constitution or laws to appoint or employ police officers or other peace officers, and whose duties prescribed by law, or by the lawful terms of their employment or appointment, include the enforcement of, or the investigation and reporting of violations of, the criminal laws of this state, and who is empowered by the laws of this state to execute warrants, to arrest and to take into custody persons who violate, or who are lawfully charged by warrant, indictment, or other lawful process, with violations of, the criminal laws of this state, shall at all times be deemed to be officers of this state, and as such shall have immunity from tort liability arising out of his or her conduct in performance of any discretionary function within the line and scope of his or her law enforcement duties.
In Tinney v. Shores, this court concluded that, under Alabama law, a claim of state “sovereign” immunity (Article I Section 14) by state constitutional officers is an immunity from suit. 77 F.3d at 383. The court held, following the precedent set forth in Griesel, that a denial of summary judgment based on such immunity was properly before the court on interlocutory appeal. Id. The court relied, in part, on the language found in Section 14 of the Alabama Constitution. (“The State of Alabama shall never be made a defendant in any court of law or equity.“) Constitutional officers of the state, such as sheriffs and deputies, are immune from suit under Section 14. See
Municipal peace officers performing discretionary functions, “shall at all times be deemed to be officers of this state, and as such shall have immunity from tort liability arising out of his or her conduct in performance of any discretionary function within the line and scope of his or her law enforcement duties.”
The summary judgment stage, then, becomes the step at which the court must determine whether the case should proceed forward, and at which the defendant must meet his burden of showing that the alleged negligence arose out of a discretionary or non-ministerial act, in order to avail himself of qualified immunity from suit (emphasis added).
Pursuant to
We further note that the immunity afforded to Alabama municipal police officers is very similar, if not the same, as the immunity afforded the officials under Georgia law in Griesel. Both involve “authority“, “discretion” and the absence of willful conduct. The Griesel court noted that the immunity at issue “is akin to qualified immunity.” Id. at 341. We find no reasonable basis for allowing an interlocutory appeal in Griesel and denying it here.5 We conclude that we have
B. Entitlement to Immunity
1. Qualified Immunity
We affirm the denial of qualified immunity to Webster on plaintiff‘s false arrest and excessive force claims. The district court correctly concluded that the facts alleged by plaintiff, as they relate to Webster, established a violation of clearly established law. Viewing the facts in the light most favorable to plaintiff, Webster lacked the arguable probable cause necessary to succeed on a qualified immunity defense. Madiwale v. Savaiko, 117 F.3d 1321, 1324 (11th Cir.1997). We cannot conclude that a reasonable police officer could have believed that probable cause existed to arrest plaintiff. When plaintiff objected to Webster‘s attempt to dictate the motel‘s refund policy and challenged his knowledge of the law, Webster became incensed and placed her under arrest. We reject Webster‘s claim that plaintiff unlawfully interfered with his duties and committed a crime by demanding that Williams vacate the premises if he wanted a refund.
The district court was likewise correct in holding that Webster was not entitled to qualified immunity on plaintiff‘s excessive force claim. Under plaintiff‘s allegations, Webster pushed her against a soda machine, handcuffed her, and dragged her to the police car. There is no evidence in the record to suggest that plaintiff posed a danger to the officer or others. Accordingly, because of the absence of any justification for Webster‘s use of force, application of the Fourth Amendment reasonableness standard “would inevitably lead every reasonable officer ... to conclude that the force was unlawful.” Post v. City of Fort Lauderdale, 7 F.3d 1552, 1559 (11th Cir.1993). See also Thornton v. City of Macon, supra.
The court next determines whether the defendants were engaged in the performance of discretionary functions at the time the alleged torts occurred. If their acts were discretionary acts, the burden shifts to the plaintiff to demonstrate that the defendants acted in bad faith, with malice or willfulness in order to deny them immunity. “Acts of such nature are not considered by Alabama law to be discretionary.” Wright v. Wynn, 682 So.2d 1, 2 (Ala.1996). Discretionary acts have been defined as “those acts as to which there is no hard and fast rule as to the course of conduct that one must or must not take and those acts requiring exercise in judgment and choice and involving what is just and proper under the circumstances.” Id. at 2. See also L.S.B. v. Howard, 659 So.2d 43, 44 (Ala.1995). The defendants’ alleged acts and/or omissions were discretionary.6
The evidence before the court does not support claims of willfulness, bad faith or malice on the part of Sergeant Williams, as it pertains to the specific claims of assault and battery, false arrest and malicious prosecution. Sergeant Williams did not make the decision to arrest the plaintiff. There is no evidence that he knew that the arrest was unlawful, or that he knew that the use of force in subduing and handcuffing the plaintiff was unreasonable, or that he had any hand in the prosecution of the plaintiff. Sergeant Williams merely assisted Officer Webster. The district court found that “Officer Webster told Sergeant Williams that the plaintiff was resisting arrest.” The district court further found,
While the court finds that Officer Webster‘s conduct violated clearly established law, the court cannot make the same determination with respect to Sergeant Williams. When Sergeant Williams arrived on the scene, Officer Webster had already determined, albeit erroneously, that probable cause existed to make an arrest and employed the aforementioned
For the same reasons earlier discussed, we conclude that the holding in Johnson v. Jones, supra, does not defeat our jurisdiction of this state law appeal. Again, the district court‘s ruling was based upon facts which are not now disputed. Under both Alabama law and federal law, the core issue is whether a defendant violated clearly established law. See Ex Parte City of Birmingham and Marnon, supra. In any event, we can review the legal issue of whether a defendant can lose his entitlement to discretionary function immunity for malice, willfulness or bad faith which does not cause or lead to the alleged acts of assault and battery, false arrest and malicious prosecution. It is certainly not clear that Sergeant Williams should have known that his actions violated the state laws he is accused of violating. We have jurisdiction to address this core issue. See Dolihite v. Maughon, 74 F.3d 1027 (11th Cir.1996) and Walker v. Schwalbe, 112 F.3d 1127 (11th Cir.1997).
We affirm the district court‘s denial of discretionary function immunity as to Webster. There is an issue of fact as to whether he acted maliciously, willfully or in bad faith with regard to the very acts leading to assault and battery, false arrest and malicious prosecution.7 We reverse the court‘s ruling denying discretionary function immunity to Sergeant Williams. Cf. Gold v. City of Miami, 121 F.3d 1442 (11th Cir.1997) and Jones v. City of Dothan, Alabama, 121 F.3d 1456 (11th Cir.1997). The same facts which establish Sergeant Williams’ entitlement to qualified immunity establish that his acts were not willful, malicious or in bad faith. The Alabama Supreme Court has equated qualified immunity with discretionary function immunity.8
We AFFIRM the rulings of the district court as they relate to Webster. We REVERSE the district court‘s denial of summary judgment as to Sergeant Williams. We REMAND for further proceedings as to Webster and dismissal of the action, with prejudice, as to Sergeant Williams.