Culberson v. Doan

• Decision Date: 12 October 1999
• Docket Number: No. C-1-97-965.,C-1-97-965.
• Citation: 72 F.Supp.2d 865
• Parties: Debra CULBERSON, et al., Plaintiffs, v. Vincent DOAN, et al., Defendants.
• Court: U.S. District Court — Southern District of Ohio

72 F.Supp.2d 865

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.

October 12, 1999.

Alphonse Adam Gerhardstein, Laufman & Gerhardstein, Cincinnati, OH, for Debra Culberson, Christina Marie Culberson and 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.

Scott J. Frederick, Hamilton, OH, 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, Ohio, defendant.

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

Gerald Francis Kaminski, U.S. Atty., Cincinnati, OH, Marcia K. Sowles, U.S. Dept. of Justice, Civ. Div., Washington, DC, for U.S., intervenor.

ORDER

SPIEGEL, Senior District Judge.

This matter is before the Court on Plaintiffs' Motion for Partial Summary Judgment against Defendant Vincent Doan on the Violence Against Women Act Claim (doc. 24); Defendant Vincent Doan's Memorandum in Opposition (doc. 29); and Plaintiffs' Reply (doc. 32).

BACKGROUND

The Estate of Clarissa Culberson, Clarissa Culberson's parents, Debra and Roger Culberson, and her sister, Christina Culberson (collectively referred to as "Plaintiffs") bring this action pursuant to the Violence Against Women Act of 1994, Title 42 U.S.C. § 13981, against Vincent Doan ("Defendant"), Lawrence Baker, Tracey Baker, Richard Payton, and the Village of Blanchester ("Blanchester") (collectively referred to as "Defendants") (see Complaint ¶¶ 1 and 7-9).

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 ever 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, 1996 attack, Plaintiffs contend that Defendant caused injuries to Carrie's head and kidneys (Id. ¶ 15). Thereafter, Carrie allegedly filed a 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 in order to prevent Carrie 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 again attacked Carrie 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 attempts to get help were again unsuccessful. On August 26, 1996, approximately three days before Defendant allegedly murdered Carrie, Plaintiffs assert that he held her at gun-point in a barn located 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 allegedly arrived at Tracey Baker's residence with blood on his chest, arms and pants (Id.). He then allegedly 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 filed by Carrie during the preceding weeks. Plaintiffs contend that Chief Payton responded with, "Why does she keep going back to it?" (Id.). Plaintiffs assert that Chief Payton did not investigate Defendant, but went instead to Lawrence Baker's home later that day and allegedly warned him that Carrie had been reported missing and that Defendant would be a suspect (Id. ¶¶ 23 and 24).

On September 3, 1996, the Blanchester police department performed a search of Lawrence Baker's junk yard (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 led 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.¹ 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, more than a year after Carrie's disappearance, Plaintiffs filed a civil complaint in federal court against Defendants Vincent Doan, Lawrence Baker, Tracey Baker, Richard Payton, and the Village of Blanchester, seeking both monetary and injunctive relief (see doc. 1). 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 of 1994, 42 U.S.C. § 13981. 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 Defendants violated their civil 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 this action, Plaintiffs seek injunctive relief ordering Defendants to disclose the location of Carrie Culberson's corpse so that she may be given an appropriate burial. In addition, Plaintiffs request compensatory damages, punitive damages, and reasonable attorney fees (see doc. 1).

On September 4, 1998, Plaintiffs filed a Motion for Partial Summary Judgment against Defendant Vincent Doan only, alleging that there are no genuine issues as to any material fact and that Plaintiffs are entitled to judgment as a matter of law as to Claim I, violation of the Violence Against Women Act (doc. 24). Defendant subsequently filed a Memorandum in Opposition (doc. 29) and Plaintiffs filed their Reply (doc. 32).

STANDARD OF REVIEW

The narrow question that we must decide on a motion for summary judgment is whether there exists a "genuine issue as to any material fact and [whether] the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). The Supreme Court elaborated upon the appropriate standard in deciding a motion for summary judgment as follows:

[T]he plain language of Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case and on which that party will bear the burden of proof at trial.

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