Judges: Per Curiam
Filed: Feb. 25, 2009
Latest Update: Mar. 02, 2020
Summary: NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted November 4, 2008 Decided February 20, 2009 Before William J. Bauer, Circuit Judge Joel M. Flaum, Circuit Judge Ann Claire Williams, Circuit Judge No. 06-3546 BENTON V. HUBBLE, Appeal from the United States District Plaintiff-Appellant, Court for the Southern District of Indiana, Indianapolis Division. v. No. 04 C 967 MATTHEW
Summary: NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted November 4, 2008 Decided February 20, 2009 Before William J. Bauer, Circuit Judge Joel M. Flaum, Circuit Judge Ann Claire Williams, Circuit Judge No. 06-3546 BENTON V. HUBBLE, Appeal from the United States District Plaintiff-Appellant, Court for the Southern District of Indiana, Indianapolis Division. v. No. 04 C 967 MATTHEW ..
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NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted November 4, 2008
Decided February 20, 2009
Before
William J. Bauer, Circuit Judge
Joel M. Flaum, Circuit Judge
Ann Claire Williams, Circuit Judge
No. 06‐3546
BENTON V. HUBBLE, Appeal from the United States District
Plaintiff‐Appellant, Court for the Southern District of
Indiana, Indianapolis Division.
v.
No. 04 C 967
MATTHEW VOORHEES, State Police
Officer, individually, Sarah Evans Barker,
Defendant‐Appellee. Judge.
ORDER
This case involves what passes for political shenanigans in Indiana. In the late hours of an
election night, Indiana State Police Officer Matthew Voohrees pulled over Plaintiff Benton
Hubble’s car. According to Voohrees, Hubble was speeding. Hubble claims that the traffic
stop was a retaliatory act made without probable cause and solely on account of his open
political support for a candidate running against the local sheriff in a primary election held
earlier that day. Hubble sued Voohrees in his individual capacity and Montgomery County
Sheriff Dennis Rice and Deputy Sheriff Jake Watson in both their individual and official
capacities, alleging various civil rights violations. The district court granted summary
No. 06‐3546 Page 2
judgement for the defendants. Hubble now appeals the district court’s judgment solely
regarding Voohrees. For the reasons stated below, we affirm.
BACKGROUND
On May 7, 2002, Montgomery County, Indiana held its Republican primary for County
Sheriff. Dennis Rice, the incumbent, was running for re‐election against challenger Luther
Blanton. Hubble backed Blanton’s bid to unseat Rice as sheriff, demonstrating his staunch
support for the challenger by placing campaign signs about his front lawn and in his car
windows. Hubble’s conspiracy theory has its origins in this public pronouncement.
Hubble believes that Sheriff Rice or his deputies spotted his car on the street that election
day, taking note of, and exception to, the endorsement for the opposition. Rice attests that,
prior to the traffic stop that night, neither he nor his deputies had any knowledge of the type
of vehicle Hubble drove. Nonetheless, Hubble theorizes that Rice must have observed his
green Lincoln Towncar during an investigatory visit to a local watering hole called the
Waveland Pub, where friends and supporters of Blanton had gathered to cheer on their choice
for County Sheriff.
Under Indiana law, it is illegal to serve alcohol on election day when the polls are open.
Although the parties dispute whether the gathering was held in the establishment itself or on
the property adjacent to it, it is undisputed that Rice paid the pub a visit to have a look.
Hubble did not attend the festivities, but his son Roger did, using the elder’s Lincoln
Towncar as transport. The car may have been parked on the street at the time of Rice’s visit.
According to Rice, he did not make record of any vehicles in the area, but simply contacted the
Indiana State Excise Police to report his suspicion that alcohol was being served on the
premises.
When the polls closed that evening, bartender Sally Ottenburg opened the pub to the public.
Shortly thereafter, she received a call from Rice. The Sheriff had recently learned that the voters
of Montgomery County had given him another term in office. As Rice tells it, the purpose of
his call was to notify the pub’s owner that he would no longer tolerate the all‐too‐frequent
shenanigans which had been occurring at the establishment. According to Ottenburg, however,
Rice informed her that he had “beat Blanton in a landslide,” and that he would “have six squad
cars down at the pub,” and intended to arrest any intoxicated patrons.
Later that night, Ottenburg gave a number of her patrons a ride home. At that time,
Ottenburg says, she was stopped by a Montgomery County police officer. The officer told her
No. 06‐3546 Page 3
that he had pulled her over because he had seen her truck parked in front of the Waveland pub
for several hours that day.
Montgomery County Deputy Sheriff Jacob Watson testified that, while returning to the
Sheriff’s office that night via State Route 47, he noticed an oncoming vehicle traveling at a high
rate of speed. Watson’s radar indicated that the vehicle was traveling 71 mph in a 55 mph
zone. Although he could not determine the car’s make or model, Watson radioed Indiana State
Trooper Matthew Voohrees to alert Voohrees to the speeding vehicle. Voohrees was on patrol
in the area at the time and was also traveling along State Route 47. He did not remember
receiving a radio dispatch alert from another officer, but does remember observing a passing
vehicle traveling at a high rate of speed. Voohrees’ radar returned the same results as had
Watson’s, showing that the car was traveling 16 mph above the posted speed limit. Voohrees
turned his police car around, flashed its emergency lights, and pulled over the driver, later
identified as Hubble.
When he approached Hubble’s vehicle, Voohrees noticed a strong smell of alcohol. He
administered four field sobriety tests to Hubble, all of which Hubble failed. Hubble also
provided breath samples on the scene, which indicated that he was in excess of the legal limit.
Voohrees brought Hubble to the Montgomery County Jail for a chemical blood‐alcohol test,
which Hubble refused to take. Hubble later pleaded guilty to operating a vehicle with a blood
alcohol content of at least .08%.
Hubble disputes Voohrees’ account of events. According to Hubble, minutes after he was
stopped by Voohrees, Deputy Watson arrived on the scene in his Sheriff’s car. Watson walked
up to Hubble’s vehicle and stated, “[t]hat’s the green Lincoln with the Blanton signs.”
Voohrees then administered the breath sample test, but would not let Hubble see the screen
displaying the results. Back at the station, Voohrees intimidated Hubble into not taking the test
by telling him, “[i]f you take the test, you’re gonna test a lot more than you did in the car, and
you was way over in the car.”
Hubble brought suit alleging multiple civil rights violations. Both sides moved for
summary judgment. On August 29, 2006, the district court granted Voohrees’ motion for
summary judgment, finding that Hubble’s federally secured rights were not violated in
connection with the events detailed above. This timely appeal followed.
DISCUSSION
On appeal, Hubble contends that there were genuine issues of material fact concerning
whether his vehicle was pulled over for reasons that were legitimate or merely pretextual.
First, Hubble contends, the parties dispute whether Hubble was actually speeding at the time
No. 06‐3546 Page 4
he passed Voohrees’ vehicle. In his pleadings, Hubble claimed that he was traveling within the
speed limit on the night in question and argued that the traffic stop was unsupported by
reasonable suspicion or probable cause and constituted an illegal search and seizure. He
contends that the district court ignored his version of events and that summary judgment was
improper.
Hubble claims that he was not speeding at any time when he was within the radar zone of
Voohrees. He knows this to be true, he asserts, because his car was armed with a radar detector
device that alerted him to the presence of Voohrees’ vehicle, prompting him to reduce his speed
to the posted limit of 55 mph. Because this testimony directly contradicts that of Officer
Voohrees, he argues, issues of material fact remain in dispute. However, it was undisputed
that Hubble was traveling in excess of the speed limit when he passed Voohrees’ police vehicle,
based on Hubble’s own admission. In his deposition, Hubble stated that he was “probably”
traveling faster than the speed limit while driving on State Route 47 and that “normally you
can run the speed limit and a little bit over and nobody’s going to bother you.” Hubble further
stated that he dislikes using cruise control on his car and was not using the speed‐regulating
feature that night. Although Hubble does not believe that he could have been traveling faster
than approximately 61 mph, Voohrees and Watson each testified that their radar indicated that
he was traveling 71 mph.
In any event, the discrepancy is academic. Because Hubble was violating Indiana law by
speeding, Trooper Voohrees’ decision to stop him was reasonable under the circumstances and
supported by probable cause.
We are unpersuaded by Hubble’s argument that the district court improperly focused its
analysis on whether Voohrees had probable cause to arrest Hubble for driving while
intoxicated rather than on whether there was probable cause to stop him for a traffic violation.
Hubble’s claim is undermined by the district court’s language in its entry of summary
judgment, in which it stated, “Voohrees’ observation of the green Towncar during the late
evening of May 7, 2002, indicated that the Towncar was exceeding the posted speed limit. This
violated a traffic law, Ind. Code § 9‐21‐5‐2, which in turn justified the initial stop of the vehicle.”
Although the district court went on to detail Voohrees’ observations that warranted the arrest,
including Hubble’s driving outside the highway lines, the smell of alcohol on his breath, and
the results of the on‐site breathalyser, it was readily apparent to the court, as it is to us, that
Voohrees first had probable cause to stop Hubble’s vehicle because he observed Hubble
speeding. Whether Voohrees or his colleagues had subjective motivations for making the traffic
stop is irrelevant. Whren v. United States, 517 U.S. 806, 813 (1996) (“[s]ubjective intentions play
no role in ordinary, probable‐cause Fourth Amendment analysis”).
No. 06‐3546 Page 5
Hubble also argues that his right to equal protection was violated when Sheriff Rice
conspired with Deputy Watson and other law enforcement officers for the purposes of
punishing those who supported Rice’s political rival. Hubble acknowledges that this court has
consistently held that section 1985(3) does not cover alleged victims of nonracial political
conspiracies, but invites us to now reconsider this precedent and reinterpret the statute. We
decline his invitation to do so.
We agree with the district court that Hubble failed to present triable questions of fact
concerning whether his federally secured rights were violated in connection with the events of
May 7, 2002, and decline to extend the reach of § 1985. Accordingly, we AFFIRM the district
court’s granting of summary judgment.