Farris v. Moeckel

Citation664 F. Supp. 881
Decision Date02 July 1987
Docket NumberCiv. A. No. 85-621-JJF.
PartiesCalbert F. FARRIS, Plaintiff, v. Dennis MOECKEL, Heavy Howlett, John Does 1-10, Benny Padilla, individually and as the Sheriff of McKinley County, New Mexico, the Board of Commissioners of McKinley County, New Mexico, W. Thomas Bowers, John Does 11-15, Clayton Police Department, the Town Council of Clayton, Delaware, Defendants.
CourtU.S. District Court — District of Delaware

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

Sheldon N. Sandler, and Barry M. Willoughby, of Young, Conaway, Stargatt & Taylor, Wilmington, Del., for plaintiff.

Roger A. Akin, of Sawyer & Akin, Wilmington, Del., for defendants Bowers, John Does 11-15, and Clayton Police.

James F. Bailey, of James F. Bailey & Associates, Wilmington, Del., for defendants Moeckel, Howlett, John Does 1-10, Padilla, and Board of Com'rs of McKinley County.

William L. Witham, Jr., of Prickett, Jones, Elliott, Kristol & Schnee, Dover, Del., for defendant Town Council of Clayton.

OPINION

FARNAN, District Judge.

Plaintiff, Calbert F. Farris, brought this action against nine named defendants and twenty unnamed "John Does", alleging deprivations of his constitutional and statutory rights under 42 U.S.C. § 1983. Plaintiff also alleges pendent state law claims for common law conversion and negligence. Currently before the Court are Motions to Dismiss filed by all defendants.1

I. FACTS.

According to the Complaint, plaintiff was traveling through the western and southwestern United States in his 1974 Dodge van for several months prior to October 1983. On this journey, plaintiff carried numerous items of photographic equipment, his clothing and other personal belongings and, among other things, a large quantity of Indian jewelry, which he collected and traded.

On or about October 25, 1983, defendant Dennis Moeckel, an Investigator employed by the McKinley County New Mexico Sheriff's Department, filed a criminal complaint in the Magistrate Court of McKinley County, New Mexico. The complaint alleged that Farris had passed a worthless check in connection with the purchase of Indian jewelry from a New Mexico vendor. As a result of this complaint, a warrant for Farris' arrest issued from the McKinley County Magistrate Court. During the course of his investigation, Investigator Moeckel discovered that plaintiff's van was registered to an address in Clayton, Delaware. Moeckel contacted the Police Department in Clayton and passed along information concerning Farris, including instructions to arrest him on sight. By this time, Farris had left New Mexico and had traveled to Delaware. In accordance with the instructions from New Mexico, defendant W. Thomas Bowers, Chief of the Clayton Delaware Police Department, arrested Farris in Clayton on October 25, 1983.

At the arrest, Chief Bowers seized plaintiff's van, its contents and certain items of Indian jewelry from plaintiff's person. Chief Bowers then transported Farris to the Smyrna Delaware Police Station and placed him in its holding cell. Farris' van was taken to a parking lot near the Smyrna Police Station. On October 26, 1983, Farris was arraigned and remanded to the Delaware Correctional Center, also located in Smyrna, to await extradition to New Mexico. He remained incarcerated until November 23, 1983, at which time he was released on bail. Farris alleges that his van remained at the lot near the Smyrna Police Station for several days following his October 25 arrest. At that time the van was moved to a garage in Clayton where it remained until approximately November 15.

Plaintiff alleges that Chief Bowers and defendants John Does 16-20, whose identities are unknown and who have since been dismissed as defendants, removed jewelry and personal items from the van on October 26, 1983, while it was still parked at the lot near the Smyrna Police Station. He also alleges that Chief Bowers and other unknown defendants identified as John Does 11-15 entered the van while it was parked at the garage in Clayton and removed additional items of jewelry and personal property.

On or about November 10, 1983, at the request of New Mexico authorities, Chief Bowers applied for and was issued a search warrant by the appropriate Delaware court. The warrant authorized the search of plaintiff's van and the seizure of checks and certain enumerated items of jewelry that Farris had allegedly purchased with the worthless check in New Mexico. Farris alleges that, while executing the warrant, Chief Bowers seized not only the items described in the warrant, but also photographic equipment, jewelry and plaintiff's personal belongings, none of which were related to the items enumerated in the warrant. Chief Bowers allegedly placed these items in a storage room in the Clayton Municipal Building. According to Farris, Chief Bowers and John Does 11-15 entered the storage room and removed his jewelry and other personal property sometime between November 15 and November 29, 1983.

On or about November 29, Investigator Moeckel and defendant Heavy Howlett, a Transportation Officer for the McKinley County Sheriff's Department, traveled to Clayton to collect physical evidence related to the criminal charges pending against Farris in New Mexico. According to Farris, no search warrant or other authorization to seize and transport his property was ever issued to Howlett or Moeckel by any New Mexico court. He also alleges that Howlett and Moeckel were acting under orders issued by defendant Benny Padilla, the McKinley County Sheriff, or others in the McKinley County Sheriff's Department or on the McKinley County Board of Commissioners.

Upon their arrival in Delaware, Chief Bowers permitted Howlett and Moeckel to examine the items seized from Farris' van. On November 30, 1983, Howlett and Moeckel personally took a substantial quantity of Farris' property back to New Mexico. The remainder was allegedly shipped to New Mexico via bus through arrangements made by Chief Bowers.

Farris alleges that Howlett and Moeckel appropriated to their own use certain items of his property. The remaining items were placed in a property room at the McKinley County Sheriff's Department, along with the items shipped by bus from Delaware. Farris alleges that a substantial portion of the property which was to be shipped by bus never arrived in New Mexico, and was either appropriated by Chief Bowers for his personal use or lost in transit due to the gross negligence of Chief Bowers or John Does 11-15. Farris also alleges that, between November 30, 1983, and February 8, 1984, either Moeckel, Howlett, or some other unknown defendants identified as John Does 1-10 entered the property room at the McKinley County Sheriff's Department and removed items of plaintiff's property and converted it to their own use.

Farris alleges that, on numerous occasions, he asked the defendants to return his property. Although some property has been returned, Farris alleges that property valued in excess of $150,000.00 is still missing.

II. MOTIONS TO DISMISS.

A. Standard of Review.

All of the remaining defendants have moved to dismiss the Complaint. Separate briefs were filed on behalf of: (1) The Town Council of Clayton ("Clayton Town Council"); (2) Chief Bowers, John Does 11-15, and the Clayton Police Department ("Clayton Defendants"); and (3) Dennis Moeckel, Heavy Howlett, John Does 1-10, Sheriff Benny Padilla, individually and in his official capacity as Sheriff of McKinley County and the Board of Commissioners of McKinley County ("New Mexico Defendants").

Defendants' moving papers are styled as motions to dismiss. However, since the parties have referred to matters outside the pleadings, the motions presently before the Court shall be treated as motions for summary judgment and disposed of in accordance with Fed.R.Civ.P. 56(c). See Fed. R.Civ.P. 12(b); Devex Corp. v. General Motors Corp., 579 F.Supp. 690, 693 n. 3 (D.Del.1984), aff'd sub nom. 746 F.2d 1468 (3rd Cir.1984) (citing Continental Ins. Co. v. Bodie, 682 F.2d 436, 438 (3rd Cir.1982).

Under Rule 56(c), the Court may properly grant summary judgment "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). The moving party bears the initial responsibility of identifying and drawing to the Court's attention those portions of the relevant documents which, in the movant's view, demonstrate the absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986). But when a motion is made and adequately supported, the nonmoving party must go forward with specific facts establishing that there is a genuine, triable issue of fact. Jersey Cent. Power & Light Co. v. Township of Lacey, 772 F.2d 1103, 1109 (3rd Cir.1985), cert. denied, ___ U.S. ___, 106 S.Ct. 1190, 89 L.Ed.2d 305 (1986). Further, the disputed factual issue must be "material to the resolution of the dispute." EEOC v. Westinghouse Electric Corp., 725 F.2d 211, 218 (3rd Cir. 1983), cert. denied, 469 U.S. 820, 105 S.Ct. 92, 83 L.Ed.2d 38 (1984). Disputed facts not material to the resolution of the controversy will not bar the entry of summary judgment. Id. However, any doubt as to the existence of material issues of facts shall be resolved against the moving party and any reasonable inferences to be drawn from the facts presented shall be resolved in favor of the nonmoving party. Devex Corp. v. General Motors Corp., supra, 579 F.Supp. at 693 n. 3.

III. DISCUSSION.

The motions to dismiss filed on behalf of the Clayton Town Council, the Clayton Defendants and the New Mexico Defendants raise myriad issues calculated to test the adequacy of Farris' Complaint. Principal among the issues raised by these motions are: (1) whether Farris has adequately...

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