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Hart v. Miller4/19/2000
Appeal from the First Judicial Circuit, Yankton County, SD Hon. Lee Tappe, Judge
Affirmed in part, Reversed in part
Argued December 2, 1999; Opinion Filed Apr 19, 2000
[ ] Plaintiff Erin Colleen Hart (Hart) appeals an order granting the motions for summary judgment of Defendants Ronald Miller (Miller) and Miller's supervisors () (Supervisors) on Hart's 42 USC § 1983 claim and other state claims. () Hart appeals. We affirm in part and reverse in part.
FACTS AND PROCEDURE
[ ] On February 17, 1996, at approximately 1:00 a.m., Hart left the 8th Street Pub in Yankton, South Dakota where she had been working. Hart was stopped and subsequently arrested by South Dakota Highway Patrolman Miller for running a stop sign, speeding, possession of drug paraphernalia, and driving under the influence of alcohol. Hart was then transported in Miller's patrol vehicle to the Yankton Police Department where she was processed and released.
[ ] Typically, after every physical arrest, Miller performed a search of his patrol car for contraband. However, on February 17, shortly after his contact with Hart, he was called to respond to a motor vehicle accident. Another officer sitting in Miller's patrol car discovered a baggie of marijuana in the passenger side door of the car. Miller believed the marijuana came from the person who was last in his patrol car prior to the officer's discovery. According to Miller, this would have been Hart.
[ ] On February 18, 1996, Miller attempted unsuccessfully to contact Hart several times through the Yankton Police Department as it is the officer's responsibility to follow-up and conduct an investigation during his or her own work shift. At approximately 10:00 p.m., Miller went to Hart's apartment complex to see if she was home, but got no response. A Yankton Police Department dispatcher subsequently made telephone contact with Hart around 11:30 p.m. or 11:40 p.m. The dispatcher informed Hart that Miller had something he had to give her. () Hart replied she was in bed and would come to the police station in the morning to retrieve the item. Hart was then told Miller would come to her residence and speak with her there. When Miller arrived at Hart's apartment, he knocked and Hart consented to his entry into her apartment. Miller showed Hart the baggie of marijuana from his vehicle and inquired whether it belonged to her. Hart denied ownership of the marijuana. Miller did not accept her denial, and indicated he would turn the matter over to the State Division of Criminal Investigation. After approximately ten to fifteen minutes of hostile conversation and questioning, Miller left Hart's apartment when she told him to "get out of my apartment."
[ ] Hart claims Miller entered her apartment in an attempt to coerce her into having sex with him. Hart claims following her denial of ownership of the marijuana, Miller began advancing toward her and "backing her across the room." Hart testified at her deposition that as Miller was backing her across the room, he was continuously accusing her of being the owner of the marijuana and accusing her of lying. According to Hart, Miller backed her across the room until she was pushed against a television. She also claims that during this time Miller was looking her up and down in a sexually provocative manner, and asked her what they were going to do about the marijuana. Hart claims she was under the impression that Miller was suggesting if she engaged in sexual activity with him, any legal problems with the marijuana would disappear. Hart claims it was only after she made it clear she would not engage in any sexual activity that Miller left her apartment.
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