Culberson v. Doan

• Decision Date: 08 April 1999
• Docket Number: No. C-1-97-965.,C-1-97-965.
• Parties: Debra CULBERSON, et al., Plaintiffs, v. Vincent DOAN, et al., Defendants.
• Court: U.S. District Court — Southern District of Ohio

Page 701

65 F.Supp.2d 701

Debra CULBERSON, et al., Plaintiffs, v. Vincent DOAN, et al., Defendants.

No. C-1-97-965.

United States District Court, S.D. Ohio, Western Division.

April 8, 1999.

Alphonse Adam Gerhardstein, Jennifer Branch, Laufman & Gerhardstein, Cincinnati, OH, for Debra Culberson, Christina Marie Culberson, Roger Culberson, plaintiffs.

Randolph W. Alden, Alden McVay & Durkin, Columbus, OH, for Vincent Doan, defendant.

Paris Kent Ellis, Wall & Ellis, Middletown, OH, for Lawrence Baker, defendant.

Jeffrey W. Bowling, Brandabur & Bowling Co LPA, Hamilton, OH, for Tracey Baker, defendant.

Neil Frank Freund, Freund Freeze & Arnold, Dayton, OH, Jerry Doyle Bryant, Bryant & Mattingly, Wilmington, OH, for Richard Payton, defendant.

Lawrence Edward Barbiere, Robert Stanford Hiller, Schroeder Maundrell Barbiere & Powers, Cincinnati, OH, for Village of Blanchester OH, defendant.

Elizabeth A. Billowitz, Foley Hoagn & Elliott, Boston, MA, Julie Goldscheid, Martha Davis, New York City, for Violence against Women Act, amicus.

Gerald Francis Kaminski, U.S. Attorney, Cincinnati, OH, Marcia K. Sowles, U.S. Department of Justice, Washington, DC, for USA, intervenor.

ORDER

SPIEGEL, Senior District Judge.

This matter is before the Court on Defendant Vincent Doan's Motion To Dismiss Plaintiffs' Complaint (doc. 12), the Amici Curiae Brief of the NOW Legal Defense and Education Fund and its Supplemental Authority (docs. 23 and 31), and Plaintiffs' Response to Defendant Vincent Doan's Motion to Dismiss (doc. 24).¹

BACKGROUND

The Estate of Clarissa Culberson and Clarissa Culberson's parents, Debra and Roger Culberson, and her sister, Christina Culberson (collectively referred to as "Plaintiffs") bring this action against Vincent Doan ("Defendant"), Lawrence Baker Tracey Baker, Richard Payton, and the Village of Blanchester ("Blanchester") (collectively referred to as "Defendants").

The facts as alleged by Plaintiffs in their Complaint concerning the disappearance and subsequently-ruled death of Clarissa Culberson ("Carrie") are sketchy, yet they tell a grim tale of domestic abuse.

Carrie lived with her mother and sister in Blanchester, Ohio. During 1995, Carrie and Defendant dated on a regular basis. Plaintiffs allege that, in the Fall of 1995, Defendant began to physically abuse Carrie. Plaintiffs contend that on one occasion Defendant "tightly clamped his hand over the nose, mouth and throat of [Carrie], who injured her face trying to pry his fingers off her mouth" (See Complaint ¶ 13). Plaintiffs maintain that the abuse continued in 1996, pointing to an incident in which Defendant smashed the windows of Carrie's car as she sat in the vehicle (Id. ¶ 14). Although Carrie allegedly reported the incident to the Blanchester police, Plaintiffs assert that no charges were filed against Defendant (Id.).

Plaintiffs also allege that Defendant subsequently attacked Carrie in April, July, and August of 1996. As a result of the April attack, Plaintiffs contend that Defendant injured Carrie's head and kidneys (Id. ¶ 15). Thereafter, Carrie allegedly filed a police report with the Blanchester police; however, the police did not bring any charges against Defendant (Id.). On July 5, 1996, Plaintiffs allege that Defendant forced his way into Carrie's home and threatened her to prevent her from having any contact with other men (Id. ¶ 16). During this incident, Defendant allegedly pushed Plaintiff Debra Culberson in an unsuccessful attempt to assault Carrie. (Id.). Debra Culberson also filed a criminal report with the Blanchester police department regarding the incident, but asserts that the police did not respond to the report (Id.). On July 28, 1996, Plaintiffs allege that Defendant attacked Carrie again when she came to his house while on an errand (Id.). Plaintiffs assert that, during this assault, he threw Carrie across a room and struck her in the head with a metal object, causing her to need surgical staples in her scalp. Carrie again sought criminal charges after this attack through the Blanchester police department (Id.). However, according to Plaintiffs, her attempt to get help was again unsuccessful. On August 26, 1996, approximately three days before Defendant allegedly murdered Carrie, Plaintiffs assert that he held her at gunpoint in a barn within the Blanchester area (Id. ¶ 18).

On August 29, 1996, at approximately 12:20 a.m., Defendant's neighbor witnessed him hitting Carrie in the head (Id. ¶ 19). At approximately 1:30 a.m., Defendant spoke with Lawrence Baker on the telephone (Id.). At 3:15 a.m., Defendant arrived at Tracey Baker's residence with blood on his chest, arms and pants (Id.). He then took a shower and left the residence with Tracey Baker, who was carrying a handgun and garbage bags. (Id.).

At approximately 11:00 a.m., Debra Culberson reported her daughter missing to Blanchester Police Chief Richard Payton ("Chief Payton") (Id. ¶ 21). Debra Culberson also reminded Chief Payton at that time of the threats Defendant made to Carrie and the criminal reports made by Carrie during the preceding weeks. Plaintiffs contend that Chief Payton responded, "Why does she keep going back to it?" (Id.). Plaintiffs assert that Chief Payton did not investigate Defendant, but went to Lawrence Baker's home later that day and warned him that Carrie had been reported missing and that Defendant would be a suspect (Id. ¶¶ 23-24).

On September 3, 1996, the Blanchester police department performed a search of Lawrence Baker's junk yard on September 3, 1996 (Id. ¶ 26). During the search, a blood hound and a cadaver dog brought a small pond to the attention of the search party indicating that the dogs may have detected Carrie's scent (Id.). The search team officers informed Chief Payton that they wanted the pond drained; however, Chief Payton declined to proceed with the search that day and advised everyone to leave the premises (Id.). Lawrence Baker was present during the search. When the pond was drained the next day, footprints were visible on the bottom of the pond and a muddy path of weeds lead away from the pond (Id. ¶ 27).

Carrie's disappearance was ruled a homicide even though her body was never found (Id. ¶ 28). Subsequently, Defendant was charged with Carrie's murder. Tracey Baker was charged with obstruction of justice, tampering with evidence, and gross abuse of a corpse. Lawrence Baker was also charged in Carrie's disappearance.

On August 7, 1997, a jury found Defendant guilty of aggravated murder with one capital offense specification, and three counts of kidnaping in the Clinton County Common Pleas Court.² He was sentenced to life imprisonment without parole. Tracey Baker's trial began in the Clinton County Court of Common Pleas on May 20, 1998 (see doc. 30, Ex. E at 4). On June 4, 1998, a jury found Tracey Baker guilty of two counts of obstruction of justice and one count of tampering with evidence (Id.). Tracey Baker was found not guilty of gross abuse of a corpse (Id. at 7). The trial of Lawrence Baker began in the Clinton County Court of Common Pleas on August 18, 1998 (Id.) On August 25, 1998, the jury returned three not guilty verdicts against Lawrence Baker (Id.).

On October 24, 1997, Plaintiffs' filed a complaint against Defendants Vincent Doan, Lawrence Baker, Tracey Baker, Richard Payton, and the Village of Blanchester, seeking both monetary and injunctive relief. In their Complaint, Plaintiffs claim that Defendant's actions toward Carrie were based primarily on account of her gender in violation of the Violence Against Women Act, 42 U.S.C. § 13981 (the "VAWA"). Furthermore, Plaintiffs assert that the actions of Defendants Vincent Doan, Lawrence Baker, Tracey Baker, and Police Chief Richard Payton "were willful, wanton, malicious or in reckless disregard or indifference to the safety of Carrie Culberson and to the peace of mind, rights, including rights of familial association of Debra Culberson, Roger Culberson, and Christina Culberson" (Id. ¶ 34). Plaintiffs also claim that the Defendants violated their rights under 42 U.S.C. § 1983, as protected by the Fourteenth Amendment of the Constitution. Additionally, Plaintiffs assert state law claims of emotional distress, wrongful death, obstruction of justice and conspiracy.

In the instant matter, Defendant Vincent Doan has moved to dismiss this case on the grounds that Plaintiffs' Complaint fails to state a claim upon which relief can be granted. Defendant also challenges the constitutionality of the VAWA on its face and as applied. Furthermore, Defendant argues that Plaintiffs' claim under 42 U.S.C. § 1983 should be dismissed because their complaint fails to state a claim upon which relief can be granted and that the state law claims should be dismissed for lack of supplemental jurisdiction.

Plaintiffs filed a Response to Defendant's dismissal motion. Specifically, Plaintiffs assert that an examination of Defendant's abusive language and actions toward Carrie reflect his animus toward women in general. The Government has intervened pursuant to 28 U.S.C. § 2403(a) and argues in support of the constitutionality of the Act. The National Organization of Women Legal Defense and Education Fund ("NOW") also moved to intervene and file an amici curiae brief in support of the constitutionality of the Act.

STANDARD OF REVIEW

Failure To State A Claim

Before deciding constitutional issues, it is the duty of this Court to first consider every non-constitutional ground for its decision. Jean v. Nelson, 472 U.S. 846, 854, 105 S.Ct. 2992, 86 L.Ed.2d 664 (1985).

Generally, when construing a motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, the court must construe the complaint liberally in favor of the party opposing the motion. Westlake v. Lucas, 537 F.2d 857, 858 (6th Cir.1976). Although the Court need not accept legal conclusions or unwarranted factual inferences, Morgan v. Church's Fried Chicken, 829 F.2d 10,...