Ahlers v. Schebil

Decision Date10 June 1999
Docket NumberNo. 98-1247,PLAINTIFFS-APPELLANTS,DEFENDANTS-APPELLEES,98-1247
Citation188 F.3d 365
Parties(6th Cir. 1999) WAYNE THOMAS AHLERS AND NINA AHLERS,, v. RONALD J. SCHEBIL, ET AL., Argued and Submitted:
CourtU.S. Court of Appeals — Sixth Circuit

Appeal from the United States District Court for the Eastern District of Michigan at Detroit. No. 96-73373--Gerald E. Rosen, District Judge. [Copyrighted Material Omitted] Ian J. Reach (argued and briefed), Reach & Hollenshead, Ann Arbor, Michigan, for Defendants-Appellees Ron J. Schebil, Mark Ptaszek, Jerry Clayton, Ron Mays, Ed Roth and Ernie Milligan.

Mark E. Donnelly (argued and briefed), Office of the Attorney General, Corrections Division, Lansing, Michigan, for Defendant-Appellee Gary Parsons.

Juan A. Mateo (briefed), Detroit, Michigan, for Plaintiffs-Appellants Wayne Thomas Ahlers and Nina Ahlers.

Before: Keith, Daughtrey, and Moore, Circuit Judges.

OPINION

Damon J. Keith, Circuit Judge.

Plaintiffs-Appellants Wayne Ahlers, a corrections officer, and Nina Ahlers, Wayne's wife, appeal a district court decision granting summary judgment to Defendants for alleged constitutional violations and assorted state tort claims arising out of Wayne Ahlers's arrest for alleged sexual misconduct with a female detainee. We find that the district court properly granted summary judgment in this matter, and affirm the district court's ruling in all respects.

I. BACKGROUND
A. Factual Background

Plaintiff-Appellant Wayne Ahlers is employed as a corrections officer at the Washtenaw County Jail. On the evening of August 16, 1995, Ahlers booked Carrie Stiltner into the Washtenaw County Jail for solicitation charges. The next afternoon as Stiltner was being transported to court, she informed another officer, Larry Clemons, that during the early morning hours of August 17th she had been forced to perform oral sex on Ahlers in exchange for food. Clemons promptly reported the allegations to his supervisor, Det. Sgt. Roy Mays.

Stiltner was interviewed on three separate occasions on August 17th regarding her allegations, and each time her story remained consistent.1 During the interviews, Stiltner also specified that the alleged assault occurred after she was booked but before another female detainee, Felicia Lane, was placed in the holding cell with Stiltner.

Clayton, Mays and another officer decided to place a wire on Stiltner and isolate her in the hopes of obtaining corroborating evidence from any contact Stiltner may have with Ahlers when Ahlers reported for duty on the evening of August 17th. Ahlers did not initiate contact with Stiltner while he was on duty from the evening of August 17th through the morning of August 18th. Moreover, the wire confirmed that when Stiltner asked to speak with Ahlers, Ahlers did not respond. Clayton further attempted to verify Stiltner's story by reviewing booking documents generated on August 17th to ascertain whether there was an opportunity for the alleged assault to have occurred. The records did not account for Ahlers's whereabouts between 12:30 a.m. and 1:00 a.m., leaving a window of time within which the act could have occurred.

It is the policy of the Washtenaw Sheriff's Department to immediately refer substantial allegations of wrongdoing against its officers to a neutral, independent law enforcement agency for investigation. Since Stiltner's accusations were substantial and there was a period of time within which the alleged assault could have occurred, the investigation was turned over to the Michigan State Police on August 18th. Defendant-Appellee Gary Parsons of the Michigan State Police assumed responsibility for the investigation. After August 18th, the Sheriff's Department had no role in Ahlers's investigation, but Clayton did serve as a liaison between the two agencies, providing the State Police with various documents and assistance upon request.

As part of Parsons's investigation, Parsons interviewed Stiltner at least twice. Parsons also suggested that Clayton have Stiltner call Ahlers at home and record the conversation. The conversation produced no admission from Ahlers, but Parsons found it odd that Ahlers was not terribly upset when Stiltner contacted him at home. Parsons also asked Clayton whether there were any potential corroborating witnesses. At Clayton's suggestion, Parsons interviewed Felicia Lane, who was placed in the female holding cell with Stiltner after the incident was alleged to have occurred. Lane confirmed that she had not witnessed the incident, but stated that Stiltner had told Lane that Stiltner had been forced to perform oral sex in exchange for food. Additionally, Parsons attempted to interview Ahlers. Ahlers appeared with his attorney, and invoked his right to remain silent.

While the foregoing describes the actions Parsons did take during the course of the investigation, there are also plenty of things which Parsons failed to accomplish. Parsons did not examine the scene. He was not aware that the door of the female holding cell required two officers to open it - one officer must press a buzzer while another officer opens the door. It also did not occur to Parsons that video tape or audio tape from the male holding area might have captured some helpful information.2 Parsons also neglected to either obtain a sworn statement from Stiltner, or ask her to file a complaint.

Parsons prepared a report and submitted it to the prosecutor. On the basis of: (1) Stiltner's statement; (2) Ahlers's refusal to cooperate with police; (3) Felicia Lane's corroboration of Stiltner's statement; and (4) the taped conversation recorded when Stiltner called Ahlers at home, the prosecutor determined there was sufficient probable cause for a warrant to issue. The prosecutor believed that the taped conversation was particularly inculpatory as, in the prosecutor's opinion, Ahlers had not responded with the outrage one would expect from an innocent corrections officer telephoned at home by a detainee. Subsequently, Ahlers was arrested pursuant to a warrant and charged with two counts of criminal sexual conduct.

Ahlers was arraigned and a preliminary examination was scheduled. When Stiltner failed to appear for the preliminary hearing, it was rescheduled. Days prior to the convening of the rescheduled preliminary examination, Parsons was able to locate Stiltner and speak with her about the alleged incident. Her recollection of the incident was vague and inconsistent with her prior story. Parsons also believed that she appeared unstable. Although Parsons claims he never came to doubt the veracity of Stiltner's allegations, he did conclude that she was not the type of witness one would want to rely on in pursuing such serious charges. Parsons informed the prosecutor that Stiltner did not appear interested in pursuing the charges. Moreover, by this time, Ahlers had taken and passed two polygraph tests. Accordingly, the charges against Ahlers were dismissed immediately prior to the rescheduled preliminary examination.

B. Procedural Background

Wayne Ahlers and Nina Ahlers sought damages from several members of the Washtenaw County Sheriff's Department (the "Washtenaw County Defendants" or "Sheriff's Department") and Gary Parsons of the Michigan State Police under 42 U.S.C. § 1983 for alleged violations of Wayne Ahlers's constitutional rights. Plaintiffs argued that Defendants3 had improperly failed to disclose evidence which would have exculpated Ahlers, and that Defendants had arrested and charged Ahlers for sexual assault without sufficient probable cause. Plaintiffs also alleged violations of assorted state tort laws stemming from the mismanagement of the investigation.

Early in the proceedings, the Washtenaw County Defendants moved for summary judgment on the constitutional claims on the basis of qualified immunity, and on the state tort claims. The court denied the motion without prejudice, finding that with the limited discovery produced up until that point, there remained genuine issues of material fact. Ahlers v. Schebil, 966 F.Supp. 518 (E.D. Mich. 1997).

After completion of discovery, the Washtenaw County Defendants again moved for summary judgment. This time the court granted the motion for summary judgment in favor of all Defendants, concluding that Defendants were entitled to qualified immunity for the § 1983 claim. In a thorough, 62-page opinion, the district court determined that, although the Washtenaw County Defendants had failed to turn over potentially exculpatory items prior to the magistrate's probable cause determination, given the short time frame within which they were involved with the investigation, their conduct was not reckless or egregious and did not deprive them of qualified immunity. Ahlers v. Schebil, 994 F.Supp. 856, 872 (E.D. Mich. 1998). The court further determined that, in light of Stiltner's accusations, Parsons had sufficient probable cause to submit his findings to a prosecutor. Id. at 874-77. Although Parsons's investigation was decidedly incomplete, the court concluded that this did not negate the existence of probable cause and Parsons, as a result, was also entitled to qualified immunity. Id. at 877.

Plaintiffs filed a timely notice of appeal challenging the court's ruling.

II. ANALYSIS
A. Standard of Review

The instant appeal challenges the district court's grant of summary judgment on the grounds that Defendants were entitled to qualified immunity. Because the doctrine of qualified immunity is a legal issue, its application by the district court is reviewed de novo. Summar v. Bennett, 157 F.3d 1054, 1057 (6th Cir. 1998).

Likewise, an appellate court's review of a grant of summary judgment is de novo. Id. Summary judgment should only be granted where there is no genuine issue of material fact. Fed. R. Civ. P. 56(c). Credibility judgments and weighing of the evidence are prohibited during the consideration of a motion for summary judgment; rather, the...

To continue reading

Request your trial
611 cases
  • Stillwagon v. City of Del., Case No. 2:14–cv–807
    • United States
    • United States District Courts. 6th Circuit. United States District Courts. 6th Circuit. Southern District of Ohio
    • 15 Agosto 2017
    ...Gardenhire , 205 F.3d at 318 ). An officer "cannot simply turn a blind eye toward potentially exculpatory evidence." Ahlers v. Schebil , 188 F.3d 365, 372 (6th Cir. 1999). With respect to affirmative defenses, "where a reasonable police officer would conclusively know that [a suspect's] beh......
  • Donovan v. Briggs
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Western District of New York
    • 26 Febrero 2003
    ...crime, has probable cause to effect an arrest absent circumstances that raise doubts as to the victim's veracity"); Ahlers v. Schebil, 188 F.3d 365, 370 (6th Cir.1999) (eyewitness identification will constitute sufficient probable cause "unless, at the time of the arrest, there is an appare......
  • Cahoo v. Sas Inst. Inc., Case Number 17–10657
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Eastern District of Michigan)
    • 2 Marzo 2018
    ...means." Admiral Ins. Co. v. Columbia Cas. Ins. Co. , 194 Mich. App. 300, 313, 486 N.W.2d 351 (1992) ; see also Ahlers v. Schebil , 188 F.3d 365, 374 (6th Cir. 1999) ; Fenestra Inc. v. Gulf American Land Corp. , 377 Mich. 565, 593, 141 N.W.2d 36, 48 (1966). Although civil conspiracy is a fre......
  • Pilon v. Saginaw Valley State University, 03-100006-BC.
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Eastern District of Michigan)
    • 22 Diciembre 2003
    ...the Constitution or laws of the United States. Berger v. City of Mayfield Heights, 265 F.3d 399, 405 (6th Cir.2001); Ahlers v. Schebil, 188 F.3d 365, 370 (6th Cir.1999). Section 1983 is not itself a source of substantive rights; rather, it provides a vehicle for vindicating rights provided ......
  • Request a trial to view additional results
2 books & journal articles

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT