Batten v. Gomez

• Decision Date: 24 February 2003
• Docket Number: No. 02-1087.,02-1087.
• Citation: 324 F.3d 288
• Parties: Lucinda Langdon BATTEN; Brittany Rose Langdon, a minor, by and through her guardian ad litem, Cynthia A. Singletary, Plaintiffs-Appellants, v. Steven GOMEZ, in his official and individual capacities as a Senior Investigator for the District Attorney of Riverside County, California; Sandra Shuster, in her official and individual capacities as Senior Investigator for the District Attorney of Riverside County, California, Defendants-Appellees, and Lee Guy, in his official and individual capacities as Deputy Sheriff of Bladen County, North Carolina; Larry Guyton, in his official and individual capacities as an Investigator for the Sheriff's Department in Bladen County, North Carolina; Steve Lesane, in his official and individual capacities as Deputy Sheriff of Bladen County, North Carolina; National Union Fire Insurance Company of Pittsburgh, Pennsylvania; The Insurance Company of North America, Defendants.
• Court: U.S. Court of Appeals — Fourth Circuit

324 F.3d 288

Lucinda Langdon BATTEN; Brittany Rose Langdon, a minor, by and through her guardian ad litem, Cynthia A. Singletary, Plaintiffs-Appellants, v. Steven GOMEZ, in his official and individual capacities as a Senior Investigator for the District Attorney of Riverside County, California; Sandra Shuster, in her official and individual capacities as Senior Investigator for the District Attorney of Riverside County, California, Defendants-Appellees, and Lee Guy, in his official and individual capacities as Deputy Sheriff of Bladen County, North Carolina; Larry Guyton, in his official and individual capacities as an Investigator for the Sheriff's Department in Bladen County, North Carolina; Steve Lesane, in his official and individual capacities as Deputy Sheriff of Bladen County, North Carolina; National Union Fire Insurance Company of Pittsburgh, Pennsylvania; The Insurance Company of North America, Defendants.

No. 02-1087.

United States Court of Appeals, Fourth Circuit.

Argued December 6, 2002.

Decided February 24, 2003.

COPYRIGHT MATERIAL OMITTED

ARGUED:

Richard Brooks Glazier, Beaver, Holt, Sternlicht, Glazier, Carlin, Britton & Courie, P.A., Fayetteville, North Carolina, for Appellants. Andrew John Hanley, Crossley, McIntosh, Prior & Collier, Wilmington, North Carolina, for Appellees.

ON BRIEF:

H. Gerald Beaver, Beaver, Holt, Sternlicht, Glazier, Carlin, Britton & Courie, P.A., Fayetteville, North Carolina, for Appellants.

Before LUTTIG and TRAXLER, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by published opinion. Judge HAMILTON wrote the opinion, in which Judge LUTTIG and Judge TRAXLER joined.

OPINION

HAMILTON, Senior Circuit Judge.

On September 7, 1999, the plaintiffs, Lucinda Langdon Batten (Batten) and her daughter, Brittany Rose Langdon (Brittany), by and through her guardian ad litem (Cynthia Singletary), brought this action against three deputies with the Bladen County, North Carolina Sheriff's Department (Lee Guy, Larry Guyton, and Steven Lesane) and two investigators with the Office of the District Attorney of Riverside County, California (Sandra Shuster and Steven Gomez). In their complaint, the plaintiffs alleged multiple civil rights claims pursuant to 42 U.S.C. § 1983, as well as a series of North Carolina state law claims. After the plaintiffs settled their claims with the North Carolina defendants, Shuster and Gomez, pursuant to Federal Rule of Civil Procedure 56, moved for summary judgment alleging, inter alia, that they were immune from suit under the doctrine of qualified immunity. On December 21, 2001, the district court granted Shuster and Gomez's motion for summary judgment, holding that Shuster and Gomez were entitled to qualified immunity on the plaintiffs' § 1983 claims. In its order, the district court declined to exercise supplemental jurisdiction over the state law claims and dismissed them without prejudice. The plaintiffs appeal, and we now affirm.

I

Batten was born and raised in Bladen County, North Carolina. In the mid 1980s, she moved to Florida with her second husband, Michael Batten, who fathered her child, Joanna, in 1987. Michael Batten allegedly beat and abused Batten and, in 1988, she moved to South Carolina with Joanna. At some point while living in South Carolina, Batten began to date Timothy Soulis (Soulis), Brittany's father.

Soulis abducted Batten at gun point in 1989 and, thereafter, they (without Joanna) began a one to two-year journey through Canada and Arizona that ended in California near some of Soulis's relatives. Although Soulis often held a job and worked away from the various apartments in which they were staying, Batten was afraid to escape or call the police or her relatives because she thought Soulis was acting on behalf of Michael Batten to deprive her of the custody and the companionship of Joanna. During this time, Michael Batten filed a custody proceeding in Florida and was granted sole custody of Joanna.

Brittany was born to Batten and Soulis on July 10, 1990 in a hospital in Orange County, California, while they were living in Riverside County, California. Soulis was acknowledged on the birth certificate as Brittany's father. In November 1990, Batten left with Brittany for Bladen County, North Carolina after a friend, Paul Smith (Smith), arranged to leave a ticket for her at the airport. Batten fled because Soulis allegedly beat and threatened her on numerous occasions.

Soulis promptly filed charges of child abduction against Batten and instituted civil proceedings to enforce his rights as a parent under California law. In July 1991, the Municipal Court of Riverside County issued a felony warrant for Batten's arrest for child abduction. On July 22, 1991, the Superior Court of Riverside County issued a California Family Code Section 4604 order (the 4604 Order) directing the District Attorney of Riverside County to "take all actions necessary to locate" Batten and Brittany and "to return" Brittany to the court's jurisdiction. (J.A. 552).¹

After returning to Bladen County, North Carolina, Batten began to date and live with Smith. At some point in late 1996, Batten caught Deputy Lee Guy's brother, Donnie Guy, peeping in one of the windows of her home. Batten subsequently caught Donnie Guy peeping in her window a second time, called 911, and filed a criminal misdemeanor charge against him. Donnie Guy's trial on this misdemeanor charge was scheduled for January 27, 1997.

Thereafter, Deputy Lee Guy ran a criminal records search on Batten and discovered the outstanding California felony arrest warrant and the 4604 Order. Once he learned of the felony arrest warrant and the 4604 Order, Deputy Lee Guy called the Riverside County District Attorney's Office and notified the office that he had found Batten and made arrangements to coordinate the execution of the felony arrest warrant and 4604 Order.

Sandra Shuster (Shuster) and Steven Gomez (Gomez) are investigators with the District Attorney of Riverside County, California. After being contacted by Deputy Lee Guy in January 1997, Shuster confirmed with the California courts that the 4604 Order and felony arrest warrant were still in effect and made arrangements to go to North Carolina on January 23, 1997 to pick up Brittany. Prior to leaving for North Carolina, Shuster called the Riverside County Superior Court to ask for an immediate hearing once the court's 4604 Order was executed. The Riverside County Superior Court agreed to hold an immediate hearing after the 4604 Order was executed.

Prior to arriving in North Carolina, Shuster faxed the 4604 Order to Bladen County and upon arrival asked the Sheriff's Department if she needed to do anything in connection with the order such as filing a North Carolina action or having the order countersigned (domesticated) by a North Carolina judge. Shuster and Gomez followed a similar process in every out-of-state abduction case; they present the 4604 Order to local law enforcement and ask if there is anything else that needs to be done such as filing or domesticating the order. If they are informed that the 4604 Order needs to be domesticated, they will take the necessary steps to domesticate the order.

Shuster presented the paperwork to the Bladen County Sheriff's Department and asked if the paperwork was in order. The contact at the Bladen County Sheriff's Department, Deputy Larry Guyton (Deputy Guyton), reviewed the paperwork and allegedly showed it to the local District Attorney who informed him that the paperwork was in order and that they could seize the child. According to Deputy Guyton, the District Attorney informed him that the orders were valid in North Carolina and Deputy Guyton conveyed this information to Shuster and Gomez.²

Shuster, accompanied by Deputy Steven Lesane (Deputy Lesane), picked up Brittany at her school. Gomez, accompanied by Deputy Guyton, met Batten at her place of employment. Gomez and Deputy Guyton explained that they had an order to pick up her child and a warrant to arrest her for child abduction. She was offered a choice of facing extradition or waiving extradition and voluntarily returning with the California investigators and Brittany to court in California. Batten agreed to accompany the California investigators and Brittany to California. Batten was allowed to leave work and return home unaccompanied to pack some clothes for her and her daughter. Once at home, she contacted her attorney. Thereafter, she met Shuster, Gomez, and Brittany at the airport.

In California, Batten was taken before a magistrate, released on her own recognizance, and placed in a hotel room at state expense.³ The plaintiffs concede that the Riverside County Superior Court held prompt hearings and awarded temporary custody of Brittany to Soulis.⁴ Thereafter, Soulis took temporary custody of Brittany, but at the custody hearing on February 18, 1998, the Riverside County Superior Court held that North Carolina was the proper jurisdiction to decide the question of custody. Following custody proceedings in Bladen County, North Carolina, Batten was awarded custody of Brittany.

On September 7, 1999, the plaintiffs brought this § 1983 action against Deputy Lee Guy, Deputy Guyton, Deputy Lesane, Shuster, and Gomez. The plaintiffs alleged multiple civil rights claims pursuant to 42 U.S.C. § 1983, as well as a series of North Carolina state law claims.

In May 2001, the North Carolina defendants settled their claims with the plaintiffs for $75,000. After the conclusion of discovery, Shuster and Gomez filed a motion for summary judgment, pursuant to Federal Rule of Civil Procedure 56, alleging, inter alia, that they were immune from suit under the doctrine of qualified immunity. On December 21, 2001, the district court granted Shuster and Gomez's motion with regard to the § 1983 claims. In its order, the district court declined to exercise supplemental jurisdiction over the state law claims and dismissed them without...