Brothers v. Monaco, CV 18-142-M-DLC
| Decision Date | 28 January 2019 |
| Docket Number | CV 18-142-M-DLC |
| Parties | Ronald BROTHERS, Plaintiff, v. Nicholas MONACO; Jared Guisinger; Scott Burlingham; Thorin Geist; Bill Lower ; Ravalli County; and Does 1–10, Defendants. |
| Court | U.S. District Court — District of Montana |
Channing Hartelius, Hartelius Durocher Winter, Great Falls, MT, Timothy M. Bechtold, Bechtold Law Firm, Missoula, MT, for Plaintiff.
Gregory L. Bonilla, Maco Legal Services, Helena, MT, for Defendants.
Dana L. Christensen, Chief JudgeBefore the Court is the motion to dismiss of Defendants Nicholas Monaco, Jared Guisinger, Scott Burlingham, Thorin Geist, Bill Lower, and Ravalli County (collectively referred to as the "County"). (Doc. 15.) The Court grants the motion in part and denies it in part.
Plaintiff Ronald Brothers's romantic relationship with Jennifer Schultze began in 2010 and lasted approximately six years. (Doc. 13 at 5.) It was rocky, particularly near its end, and in March 2016, Brothers became suspicious that Schultze was romantically involved with someone else. (Id. ) While visiting Schultze in her apartment, Brothers unlocked her cell phone with a passcode she had previously shared with him, and he found what he perceived to be confirmation of his suspicions. (Id. ) Brothers confronted Schultze, and both became "upset." (Id. at 6.)
Less than two weeks later, Brothers and Schultze got into a particularly nasty argument while in Schultze's vehicle. (Id. ) The same day, March 15, 2016, Schultze lodged a complaint against Brothers with the Ravalli County Sheriff's Office, alleging that Brothers had unlawfully entered Schultze's apartment. (Id. ) Ravalli County law enforcement officers Guisinger and Monaco interviewed Schultze. (Id. ) Without further corroboration and without a warrant, Guisinger and Monaco arrested Brothers and booked him into the Ravalli County jail, where he stayed for over 24 hours. (Id. at 6–7.)
Brothers appeared in justice court the next day. (Id. at 7.) He was released on his own recognizance, but not before agreeing, as a condition of release, to give the passcode to his cell phone, which had been confiscated. (Id. ) Officer Burlingham applied for and received a search warrant to search Brothers's phone, attesting in the application that Schultze "reported that she had searched her home and discovered she was missing a cell phone and that someone had been rummaging through her personal property."2 (Id. ) Burlingham did not attempt to corroborate the information given by Schultze before applying for the warrant. (Id. ) On March 17, 2016, Schultze sought an order of protection against Brothers, which was denied on the basis of insufficient evidence. (Id. at 8.)
On April 14, 2016, Brothers was charged with felony burglary and misdemeanor theft. (Id. ) In July 2016, Schultze stated in a recorded interview with counsel3 that she had found the missing cell phone—presumably, the basis for the theft charge—in her car. (Id. ) Several months later, on November 1, 2016, an amended information against Brothers was filed, charging Brothers with felony burglary, misdemeanor stalking, and misdemeanor privacy in communications charges, but not with misdemeanor theft. (Id. at 9.) In the affidavit filed in support of the amended information, deputy county attorney Geist attested that Schultze's cell phone had been found in Brothers's vehicle. (Id. )
On January 5, 2017, in response to Brothers's motions to suppress and to dismiss charges, the Ravalli County district court found that there had been no probable cause to arrest Brothers and that his arrest was unlawful. (Id. ) The County was ordered to return Brothers's phone. The court dismissed the felony burglary4 and misdemeanor privacy in communications charges and remanded to justice court for consideration of any misdemeanor charges. (Id. at 9–10.)
On January 17, 2017, county prosecutors Lower and Geist sought leave to file a second amended complaint charging Brothers with misdemeanor unlawful use of computer and felony burglary. (Id. ) The court denied the motion, finding that the affidavit filed in support of the motion included "verbatim use of the concerning ‘self-confirming, conclusory, and vague’ allegations" that had been previously used to support the dismissed charges. (Id. )
On February 23, 2017, a complaint was filed in justice court, charging Brothers with misdemeanor stalking, misdemeanor criminal trespass to property, and misdemeanor unlawful use of a computer. (Id. ) The affidavit filed in support of the complaint was nearly identical to those previously filed in and rejected by the district court. (Id. at 10–11.) In response to Brothers's motion to dismiss, the presiding justice of the peace dismissed the charges on August 10, 2017.
Through counsel, Brothers brought this lawsuit under 42 U.S.C. § 1983, alleging violation of his federal constitutional rights. Asserting supplemental jurisdiction, he also brought state law claims for: (1) negligence; (2) malicious prosecution; (3) intentional infliction of emotional distress; (4) negligent infliction of emotional distress; (5) assault and battery; (6) false imprisonment; and (7) violations of his state constitutional rights.
A complaint must include a "short and plain statement of the claim showing that the [plaintiff] is entitled to relief." Fed. R. Civ. P. 8(a)(2). It need not include "detailed factual allegations," but it must "state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly , 550 U.S. 544, 555, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal , 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009).
Where, as here, the defendant tests the sufficiency of the complaint under Rule 12(b)(6), the Court must construe all factual allegations in favor of the plaintiff to determine whether the plausibility standard is met. Knievel v. ESPN , 393 F.3d 1068, 1072 (9th Cir. 2005). Generally, the analysis at this early stage of litigation focuses on the law rather than the truth of the factual allegations, as dismissal is appropriate only if the plaintiff has not presented a cognizable legal theory or alleged sufficient facts in support of that theory. Balistreri v. Pac. Police Dep't , 901 F.2d 696, 699 (9th Cir. 1990). However, the Court need not disregard all facts outside of the complaint, and it need not "accept as true allegations that contradict matters properly subject to judicial notice or by exhibit." Sprewell v. Golden State Warriors , 266 F.3d 979, 988 (9th Cir. 2001).
The County raises, with varying degrees of success, a number of theories in support of its motion to dismiss the Amended Complaint in its entirety. At this early stage of litigation, dismissal is warranted as to: (1) claims against prosecutor Lower; (2) federal claims against Ravalli County; (3) state law claims brought against individual actors in their individual and official capacities; and (4) state law negligence claims against officers Guisinger, Monaco, and Burlingham. Although some of Brothers's remaining claims are on relatively thin ice, the remainder of his claims may proceed.
The County argues that prosecutorial immunity insulates deputy county attorneys Lower and Geist, as well as Ravalli County itself,5 from Brothers's claims arising from the alleged wrongful prosecution of Brothers. (Docs. 15 at 10–13, 19 at 2–5.) Federal prosecutorial immunity law applies to Brothers's § 1983 claims, and Montana prosecutorial immunity law applies to the remainder of Brothers's claims, all of which are brought under state law. See generally Cousins v. Lockyear , 568 F.3d 1063 (9th Cir. 2009) (). Here, the protections offered under federal and state law are coextensive. See, e.g., Renenger v. State , 426 P.3d 559, 564–67 (Mont. 2018) ().
Brothers concedes that prosecutorial immunity bars all actions based in the performance of functions "intimately associated with the judicial phase of the criminal process." Imbler v. Pachtman , 424 U.S. 409, 430, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976). However, he argues that his allegations do not fall under Imbler because Lower and Geist acted as witnesses rather than prosecutors when they submitted affidavits supporting the charges brought against Brothers. Because the County raises no other arguments in support of its motion to dismiss these claims,6 the Court addresses whether Lower and Geist acted in their roles as prosecutors at all times relevant to Brothers's claims. See Kalina v. Fletcher , 522 U.S. 118, 126, 118 S.Ct. 502, 139 L.Ed.2d 471 (1997) ; accord Renenger , 426 P.3d at 564–65.
Prosecutorial immunity, unlike the qualified immunity enjoyed by other state actors under § 1983 law, is absolute. Torres v. Goddard , 793 F.3d 1046, 1051 (9th Cir. 2015). "[T]he absolute immunity that protects the prosecutor's role as an advocate is not grounded in any special ‘esteem for those who perform these functions, and certainly not from a desire to shield abuses of office, but because any lesser degree of immunity could impair the judicial process itself.’ " Kalina , 522 U.S. at 127, 118 S.Ct. 502 (quoting Malley v. Briggs , 475 U.S. 335, 342, 106 S.Ct. 1092, 89 L.Ed.2d 271 (1986) ). The focus is on "the nature of the function performed, not the identity of the actor who performed it." Forrester v. White , 484 U.S. 219, 229, 108 S.Ct. 538, 98 L.Ed.2d 555 (1988). Where, for example, a prosecutor performs a function traditionally performed by a law enforcement officer...
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