Plaintiff’s 1983 claim for illegal search which resulted in suppression in state court resulted in a $1 verdict. A fascinating opinion on proximate cause of damages and a Fourth and Fifth Amendment violation which is worth the read for future cases, but the court ultimately concludes that the $1 verdict would be affirmed. Martin v. Marinez, 2019 U.S. App. LEXIS 23972 (7th Cir. Aug. 12, 2019):
Using the available common-law torts as a starting point, Martin’s damages claim immediately runs into trouble. His complaint asserts claims for “false arrest” as well as “unlawful search” arising from the defendants’ violation of his Fourth Amendment right to be free from “unreasonable searches and seizures,” U.S. Const. Amend. IV. But a claim for false arrest cannot succeed because it is undisputed that officers discovered an illegal handgun and cocaine in Martin’s vehicle, which gave them probable cause for his arrest, notwithstanding the previous unlawful stop. See Holmes v. Village of Hoffman Estates, 511 F.3d 673, 679 (7th Cir. 2007) (“A police officer has probable cause to arrest an individual when the facts and circumstances that are known to him reasonably support a belief that the individual has committed, is committing, or is about to … commit a crime.”). Given this, Martin’s claim runs headlong into the rule that if an “officer had probable cause to believe that the person he arrested was involved in criminal activity, then a Fourth Amendment claim for false arrest is foreclosed.” Id. at 679-80; Morfin v. City of East Chicago, 349 F.3d 989, 997 (7th Cir. 2003) (collecting cases); see also Maniscalco v. Simon, 712 F.3d 1139, 1143 (7th Cir. 2013) (“Probable cause is an absolute bar to a claim of false arrest asserted under the Fourth Amendment and section 1983.”) (quoting Stokes v. Bd. of Educ., 599 F.3d 617, 622 (7th Cir. 2010)). Moreover, the fact that the evidence was the fruit of an illegal detention does not make it any less relevant to establishing probable cause for the arrest because the exclusionary rule does not apply in a civil suit under § 1983 against police officers. See Vaughn v. Chapman, No. 16-1065, 2016 WL 5944726, *3 (7th Cir. 2016) (unpublished order); see also Lingo v. City of Salem, 832 F.3d 953, 958-59 (9th Cir. 2016); Black v. Wigington, 811 F.3d 1259, 1267-68 (11th Cir. 2016); Townes v. City of New York, 176 F.3d 138, 145 (2d Cir. 1999); Wren v. Towe, 130 F.3d 1154, 1158 (5th Cir. 1997). And although Martin’s complaint is limited to claims for false arrest and unlawful search, it bears noting that the existence of probable cause for the arrest would also bar recovery on a theory of malicious prosecution. See Stewart v. Sonneborn, 98 U.S. 187, 194 (1878) (“The existence of a want of probable cause is, as we have seen, essential to every suit for a malicious prosecution.”); Thompson v. City of Chicago, 722 F.3d 963, 969 (7th Cir. 2013) (noting that malicious prosecution claim under Illinois law requires proof that underlying criminal proceeding concluded in manner indicating innocence).
Ignoring the insurmountable hurdles to his claim presented by possible tort law analogs, Martin insists that he is entitled to damages for his incarceration solely on a theory of proximate cause—under the general rule of Carey that a damages award under § 1983 should compensate for what Martin characterizes as any injuries arising as a result of a constitutional deprivation. Although the district court considered Martin’s claim that his entitlement to damages for post-arrest incarceration should be resolved using a proximate cause analysis, after reviewing the cases Martin cited, the court deemed such an approach unnecessary in light of its conclusion that the existence of probable cause after the initial detention foreclosed any further damages.
. . .
In short, the damages arising from Martin’s incarceration are simply too attenuated from and unrelated to the Fourth Amendment violation he has proven: a brief detention unsupported by probable cause or reasonable suspicion. His damages award was thus properly limited to the harm arising from his unconstitutional detention before his lawful arrest. The decision regarding those damages was left to the jury, which determined one dollar was the proper amount.
by John Wesley Hall
Criminal Defense Lawyer and
Search and seizure law consultant
Little Rock, Arkansas
Contact: forhall @ aol.com / The Book www.johnwesleyhall.com
"If it was easy, everybody would be doing it. It isn't, and they don't." —Me
"Life is not a matter of holding good cards, but of playing a poor hand well." –Josh Billings (pseudonym of Henry Wheeler Shaw), Josh Billings on Ice, and Other Things (1868) (erroneously attributed to Robert Louis Stevenson, among others)
“I am still learning.” —Domenico Giuntalodi (but misattributed to Michelangelo Buonarroti (common phrase throughout 1500's)).
"Love work; hate mastery over others; and avoid intimacy with the government."
—Shemaya, in the Thalmud
"It is a pleasant world we live in, sir, a very pleasant world. There are bad people in it, Mr. Richard, but if there were no bad people, there would be no good lawyers."
—Charles Dickens, “The Old Curiosity Shop ... With a Frontispiece. From a Painting by Geo. Cattermole, Etc.” 255 (1848)
"A system of law that not only makes certain conduct criminal, but also lays down rules for the conduct of the authorities, often becomes complex in its application to individual cases, and will from time to time produce imperfect results, especially if one's attention is confined to the particular case at bar. Some criminals do go free because of the necessity of keeping government and its servants in their place. That is one of the costs of having and enforcing a Bill of Rights. This country is built on the assumption that the cost is worth paying, and that in the long run we are all both freer and safer if the Constitution is strictly enforced."
—Williams
v. Nix, 700 F. 2d 1164, 1173 (8th Cir. 1983) (Richard Sheppard Arnold,
J.), rev'd Nix v. Williams, 467 US. 431 (1984).
"The criminal goes free, if he must, but it is the law that sets him free. Nothing can destroy a government more quickly than its failure to observe its own laws,
or worse, its disregard of the charter of its own existence." —Mapp
v. Ohio, 367 U.S. 643, 659 (1961).
"Any costs the exclusionary rule are costs imposed directly by the Fourth Amendment."
—Yale Kamisar, 86 Mich.L.Rev. 1, 36 n. 151 (1987).
"There have been powerful hydraulic pressures throughout our history that
bear heavily on the Court to water down constitutional guarantees and give the
police the upper hand. That hydraulic pressure has probably never been greater
than it is today."
— Terry
v. Ohio, 392 U.S. 1, 39 (1968) (Douglas, J., dissenting).
"The great end, for which men entered into society, was to secure their
property."
—Entick
v. Carrington, 19 How.St.Tr. 1029, 1066, 95 Eng. Rep. 807 (C.P. 1765)
"It is a fair summary of history to say that the safeguards of liberty have
frequently been forged in controversies involving not very nice people. And
so, while we are concerned here with a shabby defrauder, we must deal with his
case in the context of what are really the great themes expressed by the Fourth
Amendment."
—United
States v. Rabinowitz, 339 U.S. 56, 69 (1950) (Frankfurter, J., dissenting)
"The course of true law pertaining to searches and seizures, as enunciated
here, has not–to put it mildly–run smooth."
—Chapman
v. United States, 365 U.S. 610, 618 (1961) (Frankfurter, J., concurring).
"A search is a search, even if it happens to disclose nothing but the
bottom of a turntable."
—Arizona
v. Hicks, 480 U.S. 321, 325 (1987)
"For the Fourth Amendment protects people, not places. What a person knowingly
exposes to the public, even in his own home or office, is not a subject of Fourth
Amendment protection. ... But what he seeks to preserve as private, even in
an area accessible to the public, may be constitutionally protected."
—Katz
v. United States, 389 U.S. 347, 351 (1967)
“Experience should teach us to be most on guard to
protect liberty when the Government’s purposes are beneficent. Men born
to freedom are naturally alert to repel invasion of their liberty by evil-minded
rulers. The greatest dangers to liberty lurk in insidious encroachment by men
of zeal, well-meaning but without understanding.”
—United
States v. Olmstead, 277 U.S. 438, 479 (1925) (Brandeis, J., dissenting)
“Liberty—the freedom from unwarranted
intrusion by government—is as easily lost through insistent nibbles by
government officials who seek to do their jobs too well as by those whose purpose
it is to oppress; the piranha can be as deadly as the shark.”
—United
States v. $124,570, 873 F.2d 1240, 1246 (9th Cir. 1989)
"You can't always get what you want /
But if you try sometimes / You just might find / You get what you need."
—Mick Jagger & Keith Richards
"In Germany, they first came for the communists,
and I didn't speak up because I wasn't a communist. Then they came for the Jews,
and I didn't speak up because I wasn't a Jew. Then they came for the trade unionists,
and I didn't speak up because I wasn't a trade unionist. Then they came for
the Catholics and I didn't speak up because I wasn't a Catholic. Then they came
for me–and by that time there was nobody left to speak up."
—Martin Niemöller (1945) [he served seven years in a concentration
camp]
“You know, most men would get discouraged by
now. Fortunately for you, I am not most men!”
---Pepé Le Pew
"The point of the Fourth Amendment, which often is not grasped by zealous officers,
is not that it denies law enforcement the support of the usual inferences which
reasonable men draw from evidence. Its protection consists in requiring that
those inferences be drawn by a neutral and detached magistrate instead of being
judged by the officer engaged in the often competitive enterprise of ferreting
out crime."
—Johnson
v. United States, 333 U.S. 10, 13-14 (1948)