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Lisa Ann THOMPSON, Appellant, v. PRINCE WILLIAM COUNTY; Robert S. Noe, Jr., Co. Executive Pr. Wm. Co.; George Owens, Chief of Police Pr. Wm. Co.; R.A. Canterella, Ind. and as a Police Officer of Pr. Wm. Co.; D.M. McDonough, Ind. and as a Police Officer of Pr. Wm. Co.; John Doe, et al., Unknown Police Officers, of Pr. Wm. Co., Appellees

United States Court of Appeals for the Fourth Circuit1985-01-31No. No. 84-6103
753 F.2d 363

Summary

Holding. The court affirmed the dismissal of Thompson's § 1983 civil rights claim, holding that the arrest warrant was valid and supported by probable cause under the totality of the circumstances, and that minor physical discrepancies did not constitute a constitutional violation.

Lisa Ann Thompson was arrested on March 7, 1983, based on an arrest warrant issued against her following an undercover officer's purchase of marijuana from someone identified as 'Lisa' on September 18, 1982. The officer had obtained the suspect's name by running a license plate number and received confirmation from a police informant. When Thompson appeared in court on April 15, 1983, the undercover agent recognized that she was not the person from whom he had purchased the drugs, and all charges were dismissed. Thompson subsequently filed a federal civil rights action under 42 U.S.C. § 1983 against Prince William County and various officials, claiming wrongful arrest.

The appellate court affirmed the dismissal of Thompson's lawsuit, finding that the warrant was valid and supported by probable cause under the totality of circumstances. Although physical discrepancies existed between Thompson and the actual suspect—including differences in height, weight, and eye and hair color—these minor variations did not require police to abandon the warrant based on stronger identifying factors such as the matching first name, confirmation by an informant, and connection to a vehicle registered in Thompson's name. The court also upheld the district court's refusal to exercise supplemental jurisdiction over Thompson's state law claims for assault, battery, false arrest, and other torts.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether an arrest based on a misidentified person constitutes a constitutional violation under § 1983
  • Whether probable cause existed to support the arrest warrant given slight physical discrepancies between the suspect and the actual perpetrator
  • Whether municipal officials could be held liable under § 1983 absent a showing of an unconstitutional custom or policy

Procedural posture

Thompson appealed from a district court's grant of summary judgment dismissing her § 1983 civil rights action and declining supplemental jurisdiction over her state law claims.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

MURNAGHAN, Circuit Judge:

Not every mix-up in the issuance of an arrest warrant, even though it leads to the arrest of the wrong person with attendant inconvenience and humiliation, automatically constitutes a constitutional violation for which a remedy may be sought under 42 U.S.C. § 1983. Lisa Ann Thompson, regrettably, was the victim of a misidentification with most unfortunate consequences. An undercover police agent for the Prince William, Virginia, County Police Department, made a purchase on September 18, 1982 of marijuana from a woman identified to him as “Lisa”. He had observed Lisa earlier driving through the parking lot of a restaurant. At that time he recorded the car’s license plate number. Upon purchasing the marijuana, the undercover officer ran the license plate number through a department of motor vehicle computer which supplied the information that the owner was Lisa Ann Thompson.

Furthermore, a bouncer at the restaurant, a police informant himself, told the undercover officer that the woman he had seen driving the car was named Lisa. The undercover agent, following standard police department procedure, waited from September 18, 1982 until February 28, 1983, endeavoring to complete accumulation of information requisite to the seeking of a warrant. He then applied for and was successful in obtaining an arrest warrant. Two traffic citations for Lisa Ann Thompson had been obtained, and it was from them that an accurate description of her appearing in the warrant application was derived.

In the regular course, on March 7, 1983 the warrant was placed in the hands of another officer for execution. Knowing nothing of the prior investigation or the basis for the warrant, he located Lisa Ann Thompson and placed her under arrest. Brought to the county police department, she was processed and released. Information concerning that arrest became public, and prominently displayed newspaper stories appeared.

Thereafter, on April 15, 1983, the day of Lisa Ann Thompson’s first court appearance, the undercover agent, on seeing her, realized that she was not the person from whom he had purchased marijuana. The Commonwealth’s attorney was so informed and all charges were dismissed.

While there are details which with hindsight might have alerted the undercover agent or the officer serving the warrant that Lisa Ann Thompson might not be the person sought, it simply demands too much to expect police officers, on the basis of slight discrepancies of height (5 5 as against 5 7) and weight or in color of eyes (blue versus brown) and hair (blond as opposed to brown), to abandon obtention or execution of a warrant on someone who, for other strong indications (identity of first name, confirmation of the first name by a police informant, close connection with vehicle registered in Lisa Ann Thompson’s name), meets the warrant’s description. We are satisfied that under the totality of the circumstances there was probable cause to support application for and execution of the warrant, and that the warrant was valid. See Illinois v. Gates, 462 U.S. 213, 230-39, 103 S.Ct. 2317, 2328-32, 76 L.Ed.2d 527 (1983). On those grounds the case instituted by Lisa Ann Thompson under 42 U.S.C. § 1983 was properly dismissed against all defendants.

Additionally, there were John Doe defendants, that is, unnamed officers of the Prince William County Police Department. Nothing demonstrated any grounds suggesting § 1983 liability for any other Prince William County Police Department member.

The district court, once it had determined, at the summary judgment stage, that the § 1983 claim should be dismissed, properly exercising its discretion, under Sigmon v. Poe, 564 F.2d 1093, 1096 (4th Cir.1977) was altogether justified in declining to assume pendent jurisdiction over state claims for assault and battery, false arrest, false imprisonment, intentional infliction of emotional distress, malicious prosecution, negligence, libel, slander, invasion of privacy, and gross negligence. There were, of course, no independent diversity jurisdiction grounds, and, the federal claim having been finally disposed of prior to trial, the district judge acted well within his discretion.

The judgment below is, accordingly,

AFFIRMED.

. Most immediately, the undercover agent and the officer serving the warrant properly were granted summary judgment. Furthermore, the County, the County Executive, and the Chief of Police were not actors in the unfolding drama. Since respondeat superior is not applicable in actions under 42 U.S.C. § 1983, they could have been held liable only upon the demonstration of a custom, practice or policy to whose development they had in any way contributed. Monell v. Department of Social Services of the City of New York, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). In all events, the culpability of either the undercover agent or the police officer who served the warrant was indispensable to a recovery against the County, the County Executive and the Chief of Police.