United States District Court, S.D. Indiana, Terre Haute Division
ORDER ON DEFENDANTS’ MOTION FOR SUMMARY
PATRICK HANLON UNITED STATES DISTRICT JUDGE.
Stevens, a West Terre Haute police officer, filed an
“Intimidation Report” stating that as he was
walking near the police station, someone shouted that he was
a “f***ing dirty-ass cop” and threatened to shoot
him. Officer Stevens’s report identified William
McCalister as the culprit and led to Mr. McCalister’s
arrest. Mr. McCalister brought this lawsuit alleging
false-arrest claims in violation of federal and state law.
Dkt. 1-1 at 5; see dkt. 54. Officer Stevens has
moved for summary judgment. Dkt. . Because there are
genuine issues of material fact that must be resolved at
trial, that motion is DENIED. Sergeant
Froschauer, the only other remaining defendant, is
DISMISSED with prejudice because Mr.
McCalister is not maintaining any claims against him.
Defendants have moved for summary judgment under Rule 56(a),
the Court views and recites the evidence “in the light
most favorable to the non-moving party and draw[s] all
reasonable inferences in that party’s favor.”
Zerante v. DeLuca, 555 F.3d 582, 584 (7th Cir. 2009)
2011, Plaintiff William McCalister’s nephew, James
Michael Mundy, was a suspect in a burglary. Dkt. 59-1 at 3
(McCalister Dep. at 12). Defendant Jonathan Stevens was
dispatched to the scene. Dkt. 59-3 at 3 (Melton Dep. at 21).
Mr. Mundy allegedly tried to drive over Officer Stevens, and
Officer Stevens shot and killed him. Dkt. 59-3 at 3–5
(Melton Dep. at 21–23); Dkt. 59-2 at 2–3 (Stevens
Dep. at 46–47). That shooting caused tension between
Officer Stevens and Mr. Mundy’s family, including Mr.
McCalister. Dkt. 59-3 at 17 (Melton Dep. at 59).
years later, in October 2015, Mr. McCalister was arrested on
battery charges. Dkt. 59-1 at 5–6 (McCalister Dep. at
14–15). Because of tension created by Mr. Mundy’s
death, Mr. McCalister did not want Officer Stevens escorting
him to jail after his arrest. Dkt. 59-1 at 5–6,
23–24 (McCalister Dep. at 14–15, 54–55).
Another officer took Mr. McCalister instead. Dkt. 59-1 at 8
(McCalister Dep. at 17).
on December 2, 2015, Officer Stevens was walking near the
police station when he heard someone call him a
“f***ing dirty-ass cop.” Dkt. 59-2 at 26 (Stevens
Dep. at 101); dkt. 59-2 Exs. A, B. Officer Stevens identified
that person as Mr. McCalister. Dkt. 59-2 at 26 (Stevens Dep.
Stevens had Sergeant Froschauer join him to try to find Mr.
McCalister. Dkt. 59-2 at 13 (Stevens Dep. at 82). They drove
in the area where Mr. McCalister lived, but did not find him.
Dkt. 59-2 at 16 (Stevens Dep. at 87). Officer Stevens filed a
report about the incident, dkt. 59-2 at 6–7 (Stevens
Dep. at 59–60); dkt. 59-2 Ex. A, which led to Mr.
McCalister being arrested and charged with intimidation. Dkt.
59-3 Ex. J. The charge was dismissed with prejudice after
Crede Fitzpatrick, Mr. Mundy’s family friend, claimed
that he had shouted at Officer Stevens and several affidavits
were submitted attesting that Mr. McCalister was at work at
the time of the incident. Dkt. 59-3 Exs. J, K-1; dkt. 59-1 at
10–15 (McCalister Dep. at 21–26); dkt. 59-4.
McCalister filed this action, which Defendants removed to
this Court, alleging false arrest and false imprisonment
against five police officers. Dkt. 1; dkt. 1-1. Mr.
McCalister dismissed three officers with prejudice, dkt. 64;
the remaining officers-Officer Stevens and Sergeant
Froschauer-have moved for summary judgment, dkt. 57.
judgment shall be granted “if the movant shows that
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). The moving party must inform the court
“of the basis for its motion” and specify
evidence demonstrating “the absence of a genuine issue
of material fact.” Celotex Corp. v. Catrett,
477 U.S. 317, 323 (1986). Once the moving party meets this
burden, the nonmoving party must ...