Gatlin ex rel. Gatlin v. Green, 02-CV-154JMR/SRN.

• Decision Date: 26 September 2002
• Docket Number: No. 02-CV-154JMR/SRN.,02-CV-154JMR/SRN.
• Citation: 227 F.Supp.2d 1064
• Parties: Demetrius GATLIN, as Trustee for the Estate of Juwan GATLIN v. Sergeant Michael GREEN, individually and in his official capacity as a Minneapolis Police Officer; and the City of Minneapolis, a municipal corporation
• Court: U.S. District Court — District of Minnesota

227 F.Supp.2d 1064

Demetrius GATLIN, as Trustee for the Estate of Juwan GATLIN v. Sergeant Michael GREEN, individually and in his official capacity as a Minneapolis Police Officer; and the City of Minneapolis, a municipal corporation

No. 02-CV-154JMR/SRN.

United States District Court, D. Minnesota.

September 26, 2002.

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Larry Burton Leventhal, Leventhal Law Office, Minneapolis, MN, for Plaintiff.

James Anthony Moore, Minneapolis, MN, for Defendant.

ORDER

ROSENBAUM, Chief Judge.

I. Introduction

Juwan Gatlin, a Minneapolis resident, cooperated with law enforcement authorities, giving them information about unsolved crimes, including Anthony Dawson's murder, committed by members of the Mickey Cobra street gang. On August 7, 1998, Juwan Gatlin was murdered.

Demetrius Gatlin, Juwan Gatlin's widow and trustee, filed this lawsuit against Minneapolis Police Sergeant Michael Green and the City of Minneapolis, alleging violations of state and federal law. She claims the defendants engaged in wrongful conduct, which led to Juwan Gatlin's death.

Defendants seek summary judgment, pursuant to Rule 56 of the Federal Rules of Civil Procedure ("Fed. R. Civ.P."). For the reasons set forth below, defendants' motion is granted.

II. Background

A. The Dawson Murder

The Court, having considered defendants' motion for summary judgment in the light most favorable to plaintiff, finds the record supports the following facts.

On May 29, 1997, more than a year before Juwan Gatlin's death, Anthony Dawson, a member of the Gangster Disciples street gang, was murdered.¹ Early police investigation led to the arrest and charge of two individuals identified by eyewitnesses.²

In June, 1997, while in custody on unrelated aggravated robbery charges, Mr. Gatlin contacted the police and told them he had information about the Dawson murder.³ Gatlin told police he wanted to provide information, but he didn't "want to put mine [sic] out there without, you know, I'm down here on some garbage." [Pl.Ex. 12 at 3]. He told the police, and his attorney at the time,⁴ that he wanted a deal on his robbery charge in exchange for the information.

On June 22, 1997, Gatlin gave the Minneapolis police officers a recorded statement while at the Hennepin County Jail. He told Sergeants Green and Carlson that Mickey Cobra gang members Arthur K. Hurd and Mitchell Lamont Douglas committed the Dawson murder.⁵ Gatlin gave detailed information about the killing and the location of key physical evidence, including the murder weapon and clothing worn by the shooters. He also provided information about other unsolved gang-related crimes, and detailed the organization and structure of the Mickey Cobra street gang.

Gatlin understood the implications of his statement. He told the officers that after 25 years as a Mickey Cobra he intended to leave the gang lifestyle behind. He said he was willing to wear a wire, or to testify, but would need help leaving the Twin Cities to protect his safety. The officers told Gatlin they could not negotiate a deal, but that they would speak with the Hennepin County Attorney. Some time later, Gatlin was released from custody and absconded. He was subsequently apprehended and incarcerated until the disposition of his robbery case.

On March 17, 1998, Gatlin testified before the Hennepin County Grand Jury concerning the Dawson murder. On April 15, 1998, Arthur Hurd was arrested, indicted on charges of First Degree Murder, and detained in the Carver County Jail.

On May 20, 1998, Gatlin was sentenced in Hennepin County District Court for armed robbery.⁶ The Court stayed his 150 month presumptive sentence, and gave him 3 years probation in recognition of his assistance in the Dawson case. As a condition of probation, the Court ordered him to remain in contact with the prosecutor and police officers, and to provide testimony when summoned.

Gatlin had no contact with Sergeant Green between June 22, 1997, and his sentencing on May 20, 1998.⁷ Instead, he communicated with Sergeant Carlson and Officer Mark Lenzen, who were assigned to the Dawson murder case. Members of the police force, including Sergeants Carlson and Lenzen, met with Gatlin seven and ten times during this period.

B. The Hurd Letter

Everyone involved in this case knew that at some time Mr. Gatlin's participation would become public. [Gatlin Sentencing Tr. at 6:7-11 (April 20, 1998).]

On or about June 20, 1998, as part of Carver County Jail's routine inmate-mail inspection, Officer Eric Kittleson reviewed a letter written by Arthur Hurd. The letter was directed to fellow Mickey Cobra gang member Andrew Neal, and included a transcript of Gatlin's statement in the Dawson murder and a handwritten note which said: "Check this out. Something must be done about this." There is no substantial dispute that this was a reference to Gatlin.⁸

Officer Kittleson kept the letter, and on June 21, 1998, he contacted his superior officer, Sergeant Reed Ashpole. Ashpole, being concerned with gang retaliation, called Sergeant Green to ask what he should do. [Pl.Ex. 3]. Green stated he would subpoena the letter. The Carver County authorities then photocopied Hurd's handwritten note. This copy of the Hurd letter, for reasons unknown to the Court, no longer exists.

After Ashpole's call, Sergeant Green attempted to contact Assistant Hennepin County Attorney Gary McGlennen, because he felt McGlennen would best understand the legally appropriate response to the letter. Green did not reach him, but left a voicemail message, which also no longer exists.

By June 23, 1998 — two days after Ashpole's call — Green had still not heard from Mr. McGlennen. Ashpole then contacted Green again and asked what should be done with the letter. According to Ashpole, Green declined to subpoena or get copies of the letter, and told Ashpole to mail the letter to its intended recipient. Ashpole relayed this information to Kittleson, and the letter was mailed to Andrew Neal. In a case supplement memorandum filed by Sergeant Green on July 9, 1998 [Pl.Ex. 6], he stated he "was unaware of anything prohibiting the sending of this mail," and until he spoke with McGlennen, did not realize "the sending of this mail would be detrimental to the safety of Juwan Gatlin."

Once Minneapolis police learned Hurd's letter had been mailed, they attempted to warn Gatlin of his possibly heightened exposure to danger. Sergeant Carlson, one of the Dawson case investigators, phoned Gatlin on July 8, 1998, to warned him about the letter and its contents, and to let him know officers planned to discuss the letter with Andrew Neal. During the call, Gatlin told Officer Carlson he already knew of the mailing because he had spoken with Andrew Neal.⁹ Gatlin further told Sergeant Carlson that Hurd had little influence in the gang, and that the letter was not a concern to him. He described Neal as a lifelong friend, and stated that, while Neal was still considering "putting out" the letter, he thought it unlikely. Gatlin said he believed if the letter was put out, fellow Mickey Cobra gang members would try to kill him. Gatlin reminded police he was fearful for his and his family's safety.

On July 9, 1998, officers brought Gatlin to the Minneapolis homicide unit. Thereafter, County Attorney McGlennen brought a motion asking the Court to alter Gatlin's terms of probation. The Court did so, authorizing Gatlin to absent himself from Minnesota until his testimony was needed.¹⁰ It was agreed Gatlin would leave for Arkansas, where his wife had family.

McGlennen also called Gatlin to warn him of the immediate danger posed by Hurd's letter, and arranged to fund Gatlin's transportation to Arkansas through his office's Victim/Witness Protection program. On July 10, 1998, Carlson and Lenzen gave Gatlin $350.00 from the Police Chief's Contingency Fund to cover hotel expenses for the coming weekend. Gatlin agreed to spend the weekend in Hudson, Wisconsin, to avoid an encounter with Mickey Cobra gang members.

The following Monday, July 13, 1998, witness advocate Mykelene Cook met with Gatlin and gave him a check for an additional $450.00 to cover travel expenses to Arkansas. She agreed to give him additional funds if needed for his first month's rent and damage deposit.¹¹ Gatlin then asked for a moving trailer, and Cook agreed to pay this expense. She gave him the money at the local U-Haul store on July 14, 1998. While there, Gatlin asked her to pay for an auto tune-up instead of the trailer rental, and she gave him a check for this purpose. Gatlin cashed all of these relocation checks. Both Cook and the police officers believe he left the state following these arrangements.

C. The Gatlin Murder

Juwan Gatlin was shot between 13 and 15 times with a .40 caliber Smith and Wesson handgun in an alley near Logan Avenue in Minneapolis at approximately 11:00 a.m. on August 7, 1998. The gun has never been found. His death occurred a month after he met with Minneapolis police officers to discuss the Hurd letter, and more than three weeks after his meeting with Ms. Cook.

Police investigators determined the murder occurred shortly before the body was found. The investigating officers interviewed Andrew Neal, who admitted receiving the Hurd letter. Neal said he told at least one other Mickey Cobra gang member — Donald Carter — about its contents.¹² Police ultimately identified three people as suspects in Mr. Gatlin's murder. One suspect was killed in an unrelated incident in Chicago before he could be arrested; one pleaded guilty; and the remaining individual was convicted following a jury trial.

On December 29, 2000, Demetrius Gatlin filed this suit in Hennepin County District Court. Defendants timely removed the matter to federal court, pursuant to 28 U.S.C. §§ 1441(a) and (b), invoking this Court's original jurisdiction over plaintiff's federal civil rights claims. Defendants subsequently moved for summary...