Edwards v. Hare, 85-C-0947 A.

• Decision Date: 29 March 1988
• Docket Number: No. 85-C-0947 A.,85-C-0947 A.
• Citation: 682 F. Supp. 1528
• Parties: Doyle EDWARDS, Plaintiff, v. Ronald R. HARE, et al., Defendants.
• Court: U.S. District Court — District of Utah

682 F. Supp. 1528

Doyle EDWARDS, Plaintiff, v. Ronald R. HARE, et al., Defendants.

No. 85-C-0947 A.

United States District Court, D. Utah, C.D.

March 29, 1988.

Sue Vogel, Michael O'Brien, Kevin M. Rowe, Salt Lake City, Utah, for plaintiff.

T.J. Tsakalos, Salt Lake City, Utah, for defendants.

ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY AND FOR SANCTIONS

ALDON J. ANDERSON, Senior District Judge.

Doyle Edwards was arrested on September 16, 1982 for driving under the influence, driving with an expired registration, and driving on a revoked license. Mr. Edwards claims that the events following his arrest resulted in the defendants violating his civil rights and he brought this § 1983 action. 42 U.S.C.A. § 1983 (West 1981). This Court's jurisdiction is properly invoked as a federal question involving a § 1983 suit. 28 U.S.C.A. § 1331 (West 1966); 28 U.S.C.A. § 1343(a)(3) (West Supp.1987). In addition, the Court has pendent jurisdiction over the plaintiff's state law claims.

The matter is currently before the Court on defendants' motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure. The plaintiff has filed a motion for partial summary judgment, and a Rule 11 motion for sanctions. Two hearings have been held, one on December 22, 1987 and the other January 4, 1988. Based on the files, records, and proceedings, the Court denies plaintiff's motions and grants defendants' motion.

I. Facts¹

On September 16, 1982, Doyle Edwards was arrested for driving under the influence, driving with an expired registration, and driving on a revoked license. Several days later he was released on bail. On October 12, 1982, Mr. Edwards appeared before the Honorable Ronald R. Hare, Fillmore City justice of the peace, and entered a plea of not guilty. Judge Hare determined that Mr. Edwards was indigent and appointed Dexter Anderson as court appointed counsel.

While out on bail and awaiting trial Mr. Edwards was arrested on December 9, 1982 for driving a backhoe under the influence and driving on a revoked license. He was taken to the Sevier County jail where he was held until his January 12, 1983 court appearance on the September charges. Meanwhile, on January 1, 1983, Dexter Anderson, Mr. Edwards' court appointed counsel, was named Deputy County Attorney for Millard County.

On January 12, 1983, Mr. Edwards appeared before Judge Hare on both the September and December charges. Because of the conflict in interest created by his appointment as deputy county attorney, Mr. Anderson had withdrawn from the case and no new counsel had been appointed. At the beginning of the hearing, city prosecutor Dave Maddox offered to drop two of the charges if Mr. Edwards would plead guilty to two others.² Later, Mr. Edwards agreed to the plea bargain, without the benefit of counsel. He was sentenced to six months on each charge, to be served consecutively. Mr. Edwards served eight months of his sentence and then he was released on a writ of habeas corpus.

On September 5, 1985, Mr. Edwards filed this suit, under 42 U.S.C.A. §§ 1983 and 1986, alleging that the defendants violated his civil rights. 42 U.S.C.A. § 1986 (1981). He claims that the defendants deprived him of his right to counsel, under the sixth and fourteenth amendments, and his right to a reasonable bail, under the eighth and fourteenth amendments. Mr. Edwards also claims his rights to due process, to counsel, and to reasonable bail, as secured by Utah law, were violated. Utah Code Ann. §§ 77-35-8 and 77-35-11 (Supp.1987), and Article I §§ 8 and 9 of the Utah Constitution.

Mr. Edwards originally sought declaratory, and injunctive relief as well as monetary damages. At a hearing held on January 4, 1988, he agreed to dismiss the declaratory and injunctive claims if defendant Ronald R. Hare would permanently recuse himself from all cases involving the plaintiff. In an affidavit filed with the Court, Vol. 2, p. 70 (filed April 30, 1987), Judge Hare stated:

In connection with my duties as Justice of the Peace, I personally review any criminal informations filed or any citations issued relating to any criminal defendant within my precinct and automatically recuse myself from any cases involving the plaintiff or his former wife. I have also ordered my clerk to transfer any cases involving the plaintiff or his former wife.

Based on this language the Court finds that Judge Hare has permanently recused himself from cases involving the plaintiff and dismisses the claims for declaratory and injunctive relief.

Mr. Edwards originally filed suit against Millard County and the Millard County Commissioners. These were dismissed without prejudice and by stipulation on October 24, 1986. Order of Dismissal, vol. 2, p. 42 (filed Oct. 24, 1986). In addition, Warren Peterson, the Fillmore City prosecutor was originally a defendant. At the hearing held on January 4, 1988, the plaintiff moved to dismiss Mr. Peterson from the suit and the Court so ordered. Minute Entry, vol. 3, p. 98 (filed Jan. 4, 1988).

There is left before the Court a claim for money damages against Fillmore City; Fillmore City Mayor Doris Rasmussen; Fillmore City Commissioners Terry Scottern, Jerry Brinkerhoff, Brent Jackson, Dallin Nelson, Sr., and Freeman Rowley; Fillmore City Administrator Dwight Day; and Fillmore City Justice of the Peace Ronald R. Hare.

II. Discussion

Defendants and plaintiff are before the Court seeking respectively, summary judgment and partial summary judgment. In a summary judgment motion, the movant is entitled to summary judgment only if no genuine issue exists as to any material fact. Fed.R.Civ.P. 56. Recently, the Supreme Court used this practical language in giving the essential inquiry in a summary judgment motion: "whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 251-52, 106 S.Ct. 2505, 2512, 91 L.Ed.2d 202 (1986).

A. Plaintiff's Claim under 42 U.S.C.A. § 1983

1. Judge Ronald R. Hare

Mr. Edwards claims, and for purposes of the motion the defendants do not dispute,³ that he first learned of his court appointed attorney's withdrawal from the case on January 12, 1983, the day of the trial. He asked Judge Hare to appoint new counsel and Judge Hare sent Prosecutor Dave Maddox out into the hall to look for an attorney. When none was found, Judge Hare sent Mr. Edwards into a room with a phone so that Mr. Edwards could locate counsel on his own. He was unsuccessful. He then asked Judge Hare if the trial could be continued until counsel could be found and if bail could be set. Judge Hare told Mr. Edwards that bail could be set at an amount between $1 million to $3 million. Seeing his efforts to obtain counsel were futile, Mr. Edwards accepted the plea bargain and pleaded guilty. Based on Judge Hare's setting excessive bail and failure to obtain counsel, Mr. Edwards argues that Judge Hare is liable under 42 U.S.C.A. § 1983.

Mr. Edwards argues that this liability exists in spite of the doctrine of judicial immunity. His theory is that under the circumstances the act of obtaining counsel was not judicial, because Utah law has now placed that responsibility on the counties, cities, or municipalities. And, the mechanics of obtaining counsel, as opposed to appointing counsel, is not judicial but rather administrative.

Absolute judicial immunity shields a judge from money damages in a 42 U.S.C. A. § 1983 civil rights suit. Pierson v. Ray, 386 U.S. 547, 554-555, 87 S.Ct. 1213, 1217-1218, 18 L.Ed.2d 288 (1967). This immunity applies if 1) the judge has subject matter jurisdiction over the case, and 2) the acts allegedly causing the constitutional violation are judicial. Stump v. Sparkman, 435 U.S. 349, 356, 98 S.Ct. 1099, 1104-05, 55 L.Ed.2d 331 (1978); Van Sickle v. Holloway, 791 F.2d 1431, 1435 (10th Cir.1986). An act is judicial if it is one normally performed by a judge and the parties dealt with the judge in his or her judicial capacity. Stump 435 U.S. at 362, 98 S.Ct. at 1107-08.⁴

Here, Mr. Edwards does not claim that Judge Hare lacked subject matter jurisdiction over his case. In fact, Judge Hare, as Fillmore City justice of the peace, surely had jurisdiction to hear cases of driving under the influence and driving on a revoked license like that brought against Mr. Edwards. Furthermore, it is clear that Mr. Edwards dealt with Judge Hare in his judicial capacity. There is no indication that at the time of the hearing either Mr. Edwards or the prosecutor viewed Judge Hare's role in conducting the hearing and in responding to the request for counsel and bail as anything but judicial.

As to the setting of bail, Mr. Edwards does not dispute that this is a judicial act. Case law makes clear that the setting of bail is a judicial function. United States v. Abrahams, 604 F.2d 386, 393 (5th Cir.1979) ("Bail may be set only by a judicial officer. The determination of bail requires a judicial decision...."); Grundstrom v. Darnell, 531 F.2d 272, 273 (5th Cir.1976) ("As to denial of the right to bail prior to trial ... Justice of the Peace Biggs ... is cloaked with immunity as a judicial officer."); Jacobson v. Schaefer, 441 F.2d 127, 130 (7th Cir.1971) (County judge immune from liability under Civil Rights Act for alleged deprivation of plaintiff's constitutional right to bail.). Furthermore, Utah law affirms the responsibility for bail as being judicial.⁵ Accordingly, since the setting of bail is a judicial act, the Court finds that Judge Hare is absolutely immune from damages under § 1983 for any alleged violation of Mr. Edwards' right to bail.

The appointment of counsel is also an inherently judicial act. Birch v. Mazander 678 F.2d 754, 756 (8th Cir.1982) ("The acts complained of consist of the acceptance of a plea and the appointment of counsel. Clearly,...