Federal Circuits, 6th Cir. (October 23, 1992)
Docket number: 91-4002
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U.S. Supreme Court - Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986)
U.S. Supreme Court - Baker v. McCollan, 443 U.S. 137 (1979)
Before NATHANIEL R. JONES and SILER, Circuit Judges, and BAILEY BROWN, Senior Circuit Judge.
PER CURIAM.Plaintiffs, Samuel Cramblit ("Cramblit") and, his mother, Sharon Cramblit ("Mrs. Cramblit"), appeal from the district court's grant of a directed verdict in favor of the defendants, Deputy Sheriff Carroll Adams ("Deputy Adams") and, his wife, Melba Adams ("Mrs. Adams"). This civil rights action was brought under 42 U.S.C. 1983 and 1988, alleging unreasonable seizure and excessive force in the apprehension of Cramblit by Michael Keith Hargis (an agent of a California bail bondsman) and Deputy Adams, and alleging his mistreatment by Hargis during Hargis' transportation of him to California. For the reasons that follow, we affirm the district court's grant of defendants' motion for directed verdict.I.In January, 1989, Cramblit was arrested in San Bernadino County, California for possession of amphetamines. His employer, Eddie Fikse, arranged a $5,000 bail bond for him. Prior to the resolution of the California criminal charges against him, Cramblit left California and returned to his mother's home in Ironton, Ohio.Learning that his bail was in danger of being forfeited, Eddie Fikse hired Michael Keith Hargis ("Hargis") to locate Cramblit and return him to the California court in which his criminal charges were pending. In June, 1989, Hargis traveled to Ironton, Ohio, and having failed to contact Cramblit personally, sought assistance from the Ironton, Ohio, Police Department. The Chief of the Department, William Ackison, declined to assist Hargis, claiming that, since Hargis' documentation did not include a warrant, there was no valid authority for the apprehension of Cramblit in Ohio.The following day, however, Hargis received assistance from Captain Rodney McFarland and Patrolman Jerry Leach of the Ironton, Ohio, Police Department. Captain McFarland instructed Patrolman Leach to assist Hargis in what proved to be a fruitless search for Crambilt at Mrs. Cramblit's house.A few days later, Hargis arrived in Huntington, West Virginia, seeking the assistance of Deputy Adams of the Cabell County Sheriff's Department in returning Cramblit to California. At his first meeting with Deputy Adams, Hargis presented a copy of the bail bond, the notice of bail forfeiture, and a letter authorizing him to act as an agent of the surety, Flores Bail Bonds.Deputy Adams arranged to meet Hargis at a Huntington, West Virginia restaurant on June 20, 1989. At that time, Deputy and Mrs. Adams and Hargis agreed that Mrs. Adams would test drive a car, which Cramblit had for sale, drive it into West Virginia, and have Cramblit pick up the car in Huntington at which time Hargis could apprehend Cramblit.After she obtained Cramblit's car, Mrs. Adams left it in the parking lot of a restaurant in Huntington. She called Cramblit and told him where his car was, claiming that it had broken down. A friend drove Cramblit to the restaurant where his car was parked. After arriving at the parking lot, Deputy Adams, dressed in plainclothes, approached Samuel Cramblit and identified himself as a deputy sheriff. Cramblit began to run and was later caught, tackled and handcuffed by Hargis. With Deputy Adams' assistance, Cramblit was escorted to Hargis' car. Hargis then left Huntington with Cramblit, en route to California, and, Cramblit testified, Hargis mistreated him during this journey. Upon his return to California, the charges against Cramblit were ultimately reduced to a misdemeanor and later dismissed.The Cramblits brought their complaint pursuant to 42 U.S.C. 1983 and 1988, alleging violations of the Fourth, and Fourteenth Amendments to the United States Constitution and state tort law claims. Named as defendants in the First Amended Complaint were: Edward (Eddie) Fikse, Michael Keith Hargis, Fikse Hay Sales, Inc.; Detective Richard Kratzenberg, Captain Rodney McFarland, Patrolman Jerry Leach (of the Ironton, Ohio, Police Department); Deputy Sheriff Carroll A. Adams, John Doe and Richard Roe (of the Huntington, West Virginia, Police Department); and, Melba Adams. Prior to trial, plaintiffs dismissed John Doe and Richard Roe from this action. Hargis was dismissed for failure of plaintiffs to obtain service upon him.The jury trial commenced on August 29, 1991. At the close of plaintiffs' case, the trial court dismissed Fikse Hay Sales, Inc., Melba Adams, and Detective Richard Kratzenberg. At the close of defendants' case, the trial court determined that there was no evidence that a conspiracy existed between Hargis, Deputy Adams and Mrs. Adams with respect to the manner in which Hargis transported Cramblit to California. The court therefore limited plaintiffs' claims to Mrs. Cramblit's § 1983 claim relating to the warrantless search of her home, and to Cramblit's claim of excessive force at the time of his apprehension against Deputy Adams. Given the court's ruling that it would not submit a conspiracy instruction relating to the claimed mistreatment by Hargis during the trip to California, plaintiffs chose not to proceed with the excessive force claim against Deputy Adams.On September 5, 1991, the jury found Captain Rodney McFarland and Patrolman Jerry Leach liable under § 1983 for the search of Mrs. Cramblit's home and judgment was entered.1 Neither Mrs. Cramblit nor Defendants McFarland and Leach appealed this liability judgment. On October 17, 1991, the Cramblits filed their notice of appeal against Eddie Fikse, Fikse Hay Sales, Inc., Detective Richard Kratzenberg, and Deputy and Mrs. Adams. After the notice of appeal was filed, plaintiffs reached settlements with Eddie Fikse, Fikse Hay Sales, Inc. and Detective Richard Kratzenberg. Deputy and Mrs. Adams are the only appellees remaining in this action.II.Plaintiffs appeal from the district court's grant of defendants' motion for a directed verdict. A court may grant a directed verdict only when, without weighing the credibility of the witnesses, the evidence leads to only one reasonable conclusion. Erskine v. Consolidated Rail Corp., 814 F.2d 266, 269 (6th Cir.1987) (en banc). The mere existence of a scintilla of evidence in support of the plaintiff's position is insufficient; there must be evidence on which the jury could reasonable find for the plaintiff. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252 (1986). As with summary judgment, this court reviews a grant of directed verdict de novo. EEOC v. University of Detroit, 904 F.2d 331, 334 (6th Cir.1990).Cramblit first contends, with respect to his apprehension, that California law governing the appointment and authority of bail bond agents should apply. Defendants counter that West Virginia law should apply and since West Virginia has not statutorily preempted the area, the agent of a bail bondsman acting in West Virginia is entitled to exercise the common law rights of a bail bondsman; therefore, a bail bondsman's agent and someone assisting him need not comply with California's statutory requirements.Under California law, a bail bondsman must follow certain procedures2 to authorize another person to act in his behalf in arresting a defendant. Cramblit contends that since those procedures were not followed, Hargis was not an authorized agent of a bail bondsman and, therefore, Hargis and Deputy Adams had no right to apprehend him. Cramblit's argument is basically an assertion that the laws of California should govern how and by whom an individual who has jumped bail may be apprehended in the state of West Virginia.Like California, many states have passed laws prescribing how bail bondsmen may conduct business within their respective states. As Cramblit correctly points out, the courts of those states have held that their laws regulating the business and practices of bail bondsmen must be enforced even when in derogation of the common law. See, e.g., O.K. Bonding Co. v. Milton, 579 So.2d 602 (Ala.1991); Poteete v. Olive, 527 S.W.2d 84 (Tenn.1975); Austin v. State of Texas, 541 S.W.2d 162 (Tex.Crim.App.1976). These state court cases, however, involved wholly intrastate facts. The bail bondsmen involved were doing business in the state in question and the apprehension of their principal also took place within that state. They are therefore inapplicable to the present interstate apprehension case.Although California and the other states cited above have chosen to replace the common law regulation of bail bondsmen with their own state statutes, West Virginia has not done so. In the absence of a statute to the contrary, the common law right of a surety to arrest and surrender his principal is set forth by the Supreme Court in Taylor v. Taintor:When bail is given, the principal is regarded as delivered to the custody of his sureties. Their dominion is a continuance of the original imprisonment. Whenever they choose to do so, they may seize him and deliver him up in their discharge; and if that cannot be done at once, they may imprison him until it can be done. They may exercise their rights in person or by agent. They may pursue him into another State; may arrest him on the Sabbath; and if necessary, may break and enter his house for that purpose. The seizure is not made by the virtue of new process. None is needed. It is likened to the rearrest by the sheriff of an escaping prisoner.Taylor v. Taintor, 83 U.S. (16 Wall.) 366, 371 (1873). See also Fitzpatrick v. Williams,Try vLex for FREE for 3 days
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