RIPPLE, Circuit Judge.
Alan Hoover, a combat veteran who served with the United States Marine Corps in Iraq, alleged that police officers violated his Fourth and Fourteenth Amendment rights by stopping his vehicle, prolonging the traffic stop into an investigatory detention, transporting him to a police station and having him committed for psychiatric evaluation, all without justification. He initiated this action in a Michigan state court, asserting a claim under 42 U.S.C. § 1983 along with state law claims for false arrest, false imprisonment, and assault and battery. The defendants removed the case to the United States District Court for the Eastern District of Michigan and moved for summary judgment on the basis of qualified immunity. The district court granted summary judgment for the defendants; it held that their actions did not violate constitutional norms.
The district court was correct; accordingly, its judgment is affirmed.
At approximately 1:20 a.m. on October 19, 2007, Corporal Timothy Walsh and Officer Michael Gondek of the Dearborn Heights, Michigan, Police Department responded
After stopping the Dodge Neon, Corporal Walsh approached the vehicle and requested that the driver — Mr. Hoover — produce his license and the car's registration. Mr. Hoover did not have his license with him and instead gave Corporal Walsh his military identification card. He did not provide his registration or any other documents. At the time, Mr. Hoover appeared "very nervous"; he was chain-smoking and refused to make eye contact with officers.
The officers asked Mr. Hoover where he was going. According to Mr. Hoover, he told them that he was driving from one friend's house to another's, and he provided the names of both friends and described where they lived, but apparently without providing exact addresses.
Through their dispatcher, the officers requested that an officer with the Allan Park Police Department go to Mr. Hoover's in-laws' house to confirm his story. Thereafter, the dispatcher informed the officers that Mr. Hoover's wife was reporting that "there was a domestic incident and [that] she does believe the father is trying to escape town with the child."
At the police station, Mr. Hoover spoke with Corporal Walsh.
Mr. Hoover's wife came to the police station and spoke with Officer Gondek and Lieutenant Cummins. According to Officer Gondek's later testimony, she told the officers "[t]hat there had been a domestic violence [incident] at the residence and Mr. Hoover fled with the child."
An affidavit later supplied by Mr. Hoover's wife supports Officer Gondek's account, stating that, while she was at the police department, she "advised the Dearborn Heights police officers of the events of October 18, 2007."
Officer Gondek and Lieutenant Cummins spoke to Mr. Hoover's wife about her options regarding the attempted suicide and threats; at her request, they explained the process for having Mr. Hoover committed for psychiatric evaluation. Mr. Hoover's wife "stated that she wanted to sign Mr. Hoover in for evaluation" and asked the police officers to drive him to the hospital.
Corporal Walsh and Officer Gondek drove Mr. Hoover to the hospital.
Mr. Hoover filed suit in a Michigan state court, asserting a claim under 42 U.S.C. § 1983 along with state law claims for false arrest, false imprisonment, and assault and battery. The defendants removed the case to the United States District Court for the Eastern District of Michigan and moved for summary judgment on the basis of qualified immunity. The district court concluded that the officers had not violated Mr. Hoover's constitutional rights and so were entitled to qualified immunity. Similarly, the district court determined that the officers had probable cause to arrest Mr. Hoover, precluding liability for false
We review de novo a district court's decision to grant summary judgment, viewing the evidence and drawing all reasonable inferences in favor of the nonmoving party. Bazzi v. City of Dearborn, 658 F.3d 598, 602 (6th Cir.2011) (internal quotation marks omitted). Summary judgment is appropriate only if "there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(a). When "the evidence is such that a reasonable jury could return a verdict for the [nonmovant]," summary judgment is inappropriate. Bazzi, 658 F.3d at 602.
A plaintiff proceeding under § 1983 must establish that a person acting under color of state law deprived him of a right secured by the Constitution or by federal law. Westmoreland v. Sutherland, 662 F.3d 714, 718 (6th Cir.2011). However, the doctrine of qualified immunity shields certain government officials, including police officers, from civil liability in certain circumstances. To determine whether qualified immunity applies, we engage in a two-step inquiry, determining "(1) whether, considering the allegations in a light most favorable to the party injured, a constitutional right has been violated, and (2) whether that right was clearly established." Smoak v. Hall, 460 F.3d 768, 777 (6th Cir.2006) (internal quotation marks omitted).
Mr. Hoover contends that the Dearborn Heights police officers lacked any justification for stopping his vehicle, detaining him, transporting him to the police department and taking him to the hospital where he was committed for psychiatric evaluation. The officers' actions, Mr. Hoover contends, violated his Fourth and Fourteenth Amendment rights. We shall address each phase of his encounter in turn, keeping in mind that the determination of whether the officers' actions were
The officers' encounter with Mr. Hoover began when they conducted a traffic stop.
The district court took the view that the officers had probable cause to stop the vehicle because the officers observed that the driver's view through the rear window of the vehicle was obstructed. Although the parties do not invite our attention to the problem, it appears that the district court may have relied upon superceded law in making this determination.
As the Supreme Court held in Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), an officer may seize an individual without offending the Fourth Amendment if the "officer has reasonable suspicion that criminal activity may be afoot." United States v. Campbell, 549 F.3d 364, 370 (6th Cir.2008). We have explained that a Terry stop requires "a particularized and objective basis for suspecting the particular person ... of criminal activity based on specific and articulable facts." Smoak, 460 F.3d at 778-79 (alteration in original) (internal quotation marks omitted). We determine whether an officer has the requisite quantum of proof by looking at the totality of the circumstances. United States v. Galaviz, 645 F.3d 347, 353 (6th Cir.2011). This analysis requires us to consider "all circumstances surrounding the actions of a suspected wrongdoer." United States v. Garza, 10 F.3d 1241, 1245 (6th Cir.1993) (emphasis in original) (internal quotation marks omitted). "Pertinent circumstances include the officer's own direct observations, dispatch information, directions from other officers, and the nature of the area and time of day during which the suspicious activity occurred." Campbell, 549 F.3d at 371. We must consider these circumstances as a unified whole rather than as a series of disconnected facts; "[t]he lawfulness of an investigatory stop is judged by the totality of the circumstances to `determine whether the individual factors, taken as a whole, give rise to reasonable suspicion, even if each individual factor is entirely consistent with innocent behavior when examined separately.'" Id. at 370-71 (quoting United States v. Perez, 440 F.3d 363, 371 (6th Cir.2006)). Reasonable suspicion requires more than a "mere hunch," but "less than probable cause, and falls considerably short of satisfying a preponderance of the evidence standard." Id. (internal quotation marks omitted).
In this case, officers responded to a suspicious vehicle complaint at 1:20 in the morning. When they arrived in the
It is well-settled that, standing alone, mere presence in a high crime area is insufficient "to support a reasonable, particularized suspicion that the person is committing a crime." Illinois v. Wardlow, 528 U.S. 119, 124, 120 S.Ct. 673, 145 L.Ed.2d 570 (2000). However, "the fact that the stop occurred in a `high crime area' [is] among the relevant contextual considerations in a Terry analysis." Id. (quoting Adams v. Williams, 407 U.S. 143, 144, 92 S.Ct. 1921, 32 L.Ed.2d 612 (1972)). The same is true with regard to the time of day: It is relevant without being independently dispositive. United States v. See, 574 F.3d 309, 314 (6th Cir.2009). Similarly, "nervous, evasive behavior is a pertinent factor in determining reasonable suspicion." Wardlow, 528 U.S. at 124, 120 S.Ct. 673. Although headlong flight is "the consummate act of evasion," id., it is clear that frantic flight from officers is not the only evasive act which will arouse an officer's reasonable suspicion. See, e.g., United States v. Brignoni-Ponce, 422 U.S. 873, 885, 95 S.Ct. 2574, 45 L.Ed.2d 607 (1975) (holding that a "driver's behavior may be relevant, as erratic driving or obvious attempts to evade officers can support a reasonable suspicion"); United States v. Caruthers, 458 F.3d 459, 466 (6th Cir.2006) (noting that an individual's "[f]urtive movements" and evasive behavior are relevant to determining whether an officer's suspicion was reasonable).
There are a number of ways in which an individual can attempt to evade the police. In United States v. Horne, 313 Fed.Appx. 788 (6th Cir.2008) (per curiam), we held that a late-night seizure of an individual was justified when officers observed the individual in "a hot spot [of] drug and gun activity" acting strangely by "ducking behind" someone else in an apparent attempt to avoid police attention. Id. at 791 (internal quotation marks omitted). Similarly, in United States v. Finley, 239 Fed.Appx. 248, 252 (6th Cir.2007), we found that an officer's suspicions reasonably were aroused when two men slouched down in a parked car, again apparently attempting to avoid notice. In the same vein, once an individual is aware that police are behind him, his choice of a circular route or driving with no apparent destination may strike a trained officer as a similar attempt to avoid police attention. "[W]hen used by trained law enforcement officers, objective facts, meaningless to the untrained, can be combined with permissible deductions from such facts to form a legitimate basis for suspicion of a particular person and for action on that suspicion." United States v. Cortez, 449 U.S. 411, 419, 101 S.Ct. 690, 66 L.Ed.2d 621
We do not, and indeed must not, consider these factors in isolation. We do not consider, standing alone, the route that Mr. Hoover traveled — a route that involved main streets and side streets and included driving three blocks south only to drive north for six blocks on a nearby road. Nor may we dwell exclusively on whether a vehicle, loosely packed almost to the ceiling with personal items, was suspicious.
Mr. Hoover next challenges the prolonged detention that grew out of the initial stop. Here, we must assess not only what the officers knew at the time of the initial stop but also the information developed during the course of that initial stop. See United States v. Perez, 440 F.3d 363, 370 (6th Cir.2006).
We have little trouble concluding that, over the course of their initial interaction with Mr. Hoover, the officers developed information that justified a more prolonged investigation. After stopping Mr. Hoover's car because of the suspicious circumstances, the officers observed Mr. Hoover acting "very nervous," chain-smoking and refusing to make eye contact with them.
The officers' suspicions were further aroused when Mr. Hoover informed them that he intended to leave the state with his child and that he did not know where his wife was at the time.
Faced with the circumstances of the stop, the presence of the child, Mr. Hoover's out-of-state destination and his initial professed ignorance of his wife's location, it was reasonable for officers to suspect that Mr. Hoover was attempting to conceal the child from his wife, a possible violation of Michigan's parental kidnapping statute. These concerns fully justified the officers in extending the seizure beyond the limited scope of a brief stop. See Houston v. Clark Cnty. Sheriff Deputy John Does 1-5, 174 F.3d 809, 815 (6th Cir.1999) ("When an officer's initial queries do not dispel the suspicion that warranted the stop, further detention and questioning are appropriate.").
Once justified, an investigatory stop is reasonable if the "degree of intrusion into the suspect's personal security was reasonably related in scope to the situation at hand." O'Malley v. City of Flint, 652 F.3d 662, 670 (6th Cir.2011) (internal quotation marks omitted). To determine whether a particular detention
Applying that test to the case at hand, it is clear that there was no "delay unnecessary to the legitimate investigation of the law enforcement officers." Sharpe, 470 U.S. at 687, 105 S.Ct. 1568. Mr. Hoover has not alleged that the officers were dilatory in their efforts to verify his story, and the video recording of the stop indicates that they were not. Fearing the possibility of domestic violence or parental kidnapping, the officers spoke to Mr. Hoover, promptly communicated with each other, requested the presence of a supervisor and detained Mr. Hoover until, through their dispatcher and with the assistance of a neighboring police department, they could make contact with Mr. Hoover's wife. The time from the initiation of the traffic stop until the officers made contact with Mr. Hoover's wife amounted to only thirty-six minutes. Throughout this period, Mr. Hoover sat in his own vehicle. Weighing the duration and relatively non-intrusive nature of the stop against the importance of the interests at stake — including primarily the welfare of the young child in the back of Mr. Hoover's car — we conclude that the officers did not violate the Constitution by prolonging the traffic stop into an investigatory detention.
Thirty-six minutes after the officers initiated the traffic stop, they learned from their dispatcher that Mr. Hoover's wife was reporting that there had been "a domestic incident" and that she "believe[d] the father [was] trying to escape town with the child."
An investigative detention that is constitutionally permissible when initiated may "ripen into a ... seizure that must be based on probable cause." United States v. Heath, 259 F.3d 522, 530 (6th Cir.2001) (internal quotation marks omitted). An "investigative detention can mature into an arrest or seizure if it occurs over an unreasonable period of time or under unreasonable circumstances." United States v. Lopez-Arias, 344 F.3d 623, 627 (6th Cir.2003). The determination of reasonableness depends on the totality of the circumstances, and this court previously has looked to "factors such as `the transportation of the detainee to another location, significant restraints on the detainee's freedom of movement involving physical confinement or other coercion preventing the detainee from leaving police custody, and the use of weapons or bodily force.'" Id. (quoting United States v. Richardson, 949 F.2d 851, 857 (6th Cir. 1991)).
The dispositive factor in this case is the transportation of Mr. Hoover from the scene of the traffic stop to the police station. The Supreme Court has held:
Hayes v. Florida, 470 U.S. 811, 815-16, 105 S.Ct. 1643, 84 L.Ed.2d 705 (1985) (citations omitted). We have recognized this rationale in our own circuit, holding generally that the involuntary transportation of a detained suspect to a police station amounts to an arrest.
An arrest, of course, is constitutionally problematic only in the absence of probable cause. See Hayes, 470 U.S. at 815-16, 105 S.Ct. 1643. "Probable cause to make an arrest exists if the facts and circumstances within the arresting officer's knowledge were sufficient to warrant a prudent man in believing that the [arrestee] had committed or was committing an offense." Arnold v. Wilder, 657 F.3d 353, 363 (6th Cir.2011) (alteration in original) (internal quotation marks omitted). We have defined probable cause as "reasonable grounds for belief, supported by less than prima facie proof but more than mere suspicion." Smith v. Thornburg, 136 F.3d 1070, 1074 (6th Cir.1998) (internal quotation marks omitted).
The officers who stopped Mr. Hoover had probable cause to arrest him for violating the Michigan law that requires a driver to keep his driver's license in his immediate possession at all times while operating a vehicle and to provide it to police officers on request.
The final phase of Mr. Hoover's interaction with the police officers involves their transporting him to the hospital for psychiatric evaluation. We have held that "[t]he Fourth Amendment requires an official seizing and detaining a person for a psychiatric evaluation to have probable cause to believe that the person is dangerous to himself or others." Monday v. Oullette, 118 F.3d 1099, 1102 (6th Cir. 1997); see also Fisher v. Harden, 398 F.3d 837, 842-43 (6th Cir.2005).
Based upon the information that the officers obtained, both from Mr. Hoover himself and from his wife, we have no hesitation in concluding that the officers had probable cause to fear that Mr. Hoover was a danger to himself or to others. While being driven to or interviewed at the police station, Mr. Hoover told Corporal Walsh that he had experienced flashbacks — presumably relating to his traumatic experiences as a combat veteran in Iraq — and that he had been having trouble readjusting to civilian life since returning from his tour of duty. Mr. Hoover also told officers that he was capable of unlocking his handcuffs with a pen and that the police station was "full of improvised weapons," statements that further alerted the officers that caution was warranted.
At the police station, Mr. Hoover's wife confirmed for officers that Mr. Hoover had experienced problems after returning from his service in Iraq, telling them that he had become increasingly violent. She told officers that Mr. Hoover had been violent earlier that evening, that he had destroyed property, that he held a knife to his neck while threatening to take his own life and that he wanted her family "to die" and "to suffer."
We resolve Mr. Hoover's § 1983 claim on the first prong of the qualified immunity analysis, holding that his constitutional rights were not violated because the officers acted with the requisite justification at all stages of their encounter with Mr.
Having disposed of Mr. Hoover's sole federal claim, we now turn to his state law claims for false arrest, false imprisonment, and assault and battery. "[S]upplemental jurisdiction does not disappear when the federal claim that gave rise to original jurisdiction in the first place is dismissed." Orton v. Johnny's Lunch Franchise, LLC, 668 F.3d 843, 850 (6th Cir.2012). "`[I]f there is some basis for original jurisdiction, the default assumption is that the court will exercise supplemental jurisdiction over all related claims.'" Veneklase v. Bridgewater Condos, L.C., 670 F.3d 705, 716 (6th Cir.2012) (alteration in original) (quoting Campanella v. Commerce Exch. Bank, 137 F.3d 885, 892 (6th Cir.1998)).
Under Michigan law, "[t]o prevail on a claim of false arrest or false imprisonment, a plaintiff must show that the arrest was not legal, i.e., the arrest was not based on probable cause." Peterson Novelties, Inc. v. City of Berkley, 259 Mich.App. 1, 672 N.W.2d 351, 362 (2003). "If the arrest was legal, there has not been a false arrest or a false imprisonment," regardless of the possibility of conviction. Id. As discussed above, officers had probable cause to arrest Mr. Hoover for failing to produce his driver's license. It follows that summary judgment for the defendants on this ground was appropriate.
"An assault is defined as any intentional unlawful offer of corporal injury to another person by force, or force unlawfully directed toward the person of another, under circumstances which create a well-founded apprehension of imminent contact, coupled with the apparent present ability to accomplish the contact." Espinoza v. Thomas, 189 Mich.App. 110, 472 N.W.2d 16, 21 (1991) (citing Tinkler v. Richter, 295 Mich. 396, 295 N.W. 201 (1940)). Similarly, to establish a viable claim for battery the plaintiff must demonstrate a "willful and harmful or offensive touching of another person which results from an act intended to cause such a contact." Id.
Mr. Hoover's brief on appeal fails to develop meaningfully his assault and battery claim, stating only that the defendants "used threats of force at the scene and at the police station." Appellant's Br. 11, 44. He cites for support only two pages of his deposition transcript, which relate to his testimony that an unknown female police sergeant — who is not a party to this litigation — wanted to fight Mr. Hoover at the police station
For the foregoing reasons, we hold that neither Mr. Hoover's § 1983 claim nor his
Mr. Hoover further asserts that he later spoke to his wife and asked her why she had put that information on the petition and that she told him, "because the cops told me to." R.15-2 at 42 (Hoover Dep. 156-57). This statement, however, is being submitted for the truth of the matter asserted and thus is hearsay. "A court cannot rely on unsworn inadmissible hearsay when ruling on a summary judgment motion." Knox v. Neaton Auto Prods. Mfg., Inc., 375 F.3d 451, 457 (6th Cir. 2004) (stating the holding of Moore v. Holbrook, 2 F.3d 697, 699 (6th Cir.1993)). Because his wife has indicated in an affidavit that the officers did not coerce her — or even converse with her at the hospital — Mr. Hoover appears unable to reduce this hearsay to admissible form. Thus, taking the facts as Mr. Hoover recites them and drawing reasonable inferences therefrom, it is fair to state that the officers were at the hospital with him for about an hour and that they had some conversation with his wife, but that Mr. Hoover has no admissible evidence of the content of that discussion.
Additionally, it is worth noting that Mr. Hoover's account of the events at the hospital differs greatly from the testimony of Corporal Walsh and Officer Gondek, as well as an affidavit provided by Mr. Hoover's wife, all of which indicate that, after arriving at the hospital, the officers promptly turned Mr. Hoover over to medical personnel and left without any significant interaction with Mr. Hoover's wife. R.15-6 at 10 (Walsh Dep. 31-33); R.15-8 at 8 (Gondek Dep. 23); R.12-3 at 5 (Spouse Aff.).
Here, Mr. Hoover challenged the traffic stop in his complaint and again in his response in opposition to the defendants' motion for summary judgment. During the summary judgment hearing, however, counsel for Mr. Hoover explicitly conceded that the stop itself was justified. The transcript of that hearing reads as follows:
R.24 at 20. Thereafter, it would appear that Mr. Hoover limited his challenge to the length and scope of the stop, arguing only that the traffic stop impermissibly was converted into an investigatory detention. Indeed, such a concession is an intentional abandonment of the argument that the traffic stop itself was unjustified, which precludes appellate review. See Denkins, 367 F.3d at 543. We note, however, that the district court did not treat this matter as waived. Nor does the Government, in its appellate brief, treat the matter as waived. Under these circumstances, we shall address the merits. See United States v. Boudreau, 564 F.3d 431, 435 (6th Cir.2009).
This is not to suggest that Mr. Hoover's vision was entirely unobstructed. It was not. The video recording of the traffic stop, taken by a camera mounted in the officers' vehicle, shows clearly that a large portion of his rear window is blocked by items that extend to near the roof of the passenger compartment. R.12-7. A different statutory provision, one that exists in identical form today, states that "[a] person shall not drive a motor vehicle if driver visibility through the rear window is obstructed, unless the vehicle is equipped with 2 rearview mirrors, 1 on each side, adjusted so that the operator has a clear view of the highway behind the vehicle." Mich. Comp. Laws § 257.709(2). As the video shows, Mr. Hoover's vehicle had two external rearview mirrors, one on either side of the car. The defendants have offered no argument or evidence suggesting that they had any reason to believe that those mirrors were improperly positioned or adjusted in such a way that Mr. Hoover lacked "a clear view of the highway behind the vehicle," id., and Mr. Hoover asserted in his deposition that he had "full visibility," R.15-2 at 63 (Hoover Dep. 241-42).
Id.