Gatlin ex rel. Estate of Gatlin v. Green

• Decision Date: 16 March 2004
• Docket Number: No. 02-3705.,02-3705.
• Parties: Demetrius GATLIN, as Trustee for the ESTATE OF Juwan GATLIN, Appellant, v. Sergeant Michael GREEN, individually and in his official capacity as a Minneapolis Police Officer; City of Minneapolis, a municipal corporation, Appellees.
• Court: U.S. Court of Appeals — Eighth Circuit

Page 1089

362 F.3d 1089

Demetrius GATLIN, as Trustee for the ESTATE OF Juwan GATLIN, Appellant, v. Sergeant Michael GREEN, individually and in his official capacity as a Minneapolis Police Officer; City of Minneapolis, a municipal corporation, Appellees.

No. 02-3705.

United States Court of Appeals, Eighth Circuit.

Submitted: December 15, 2003.

Filed: March 16, 2004.

Larry B. Leventahl, argued, Minneapolis, Minnesota (David L. Garelick on the brief), for appellant.

James A. Moore, argued, Minneapolis, Minnesota (Jay M. Heffern on the brief), for appellee.

Before WOLLMAN, JOHN R. GIBSON, and RILEY, Circuit Judges.

RILEY, Circuit Judge.

Juwan Gatlin (Gatlin) was murdered by Mickey Cobra (MC) gang members after Gatlin cooperated with police. Demetrius Gatlin (Mrs. Gatlin), Gatlin's widow and trustee for Gatlin's estate, filed this lawsuit against a Minneapolis police detective and the City of Minneapolis (City), alleging violations of federal and state law. The district court¹ entered summary judgment in favor of the defendants on Mrs. Gatlin's federal claims and declined to exercise jurisdiction over the state law claims. Mrs. Gatlin appeals. We affirm.

I. BACKGROUND

Gatlin was a long-time member of the MC gang. In June 1997, while serving time in the Hennepin County Jail on charges of armed robbery, Gatlin told authorities he wished to cooperate in exchange for assistance with his state charges and a chance to start a new life free of gang ties. Minneapolis Police Sergeants Michael Green (Sergeant Green) and Michael Carlson (Sergeant Carlson) interviewed Gatlin. Gatlin told Sergeants Green and Carlson what he knew about criminal activities perpetrated by the MC gang and other gangs, including detailed information relating to the suspected MC gang-murder of Anthony Dawson (Dawson), a member of the Gangster Disciples.

In April 1998, based on information obtained from Gatlin, Arthur Hurd (Hurd) was indicted and arrested for Dawson's murder and a related attempted murder. In May 1998, the Minnesota state court reduced Gatlin's twelve and one-half year sentence for armed robbery to three years probation in return for his vital assistance. The sentencing judge ordered Gatlin to maintain contact with the prosecutor and police, to cooperate fully in Hurd's prosecution, and to testify when called to do so.

While awaiting trial, Hurd was incarcerated in the Carver County Detention Center. In June 1998, during a routine mail inspection, Carver County Sheriff officials discovered Hurd had attempted to mail a transcript² of Gatlin's police statement to Andrew Neal (Neal), a MC gang member, along with a handwritten note stating, "Check this out. Something must be done about this." Upon discovering the transcript and note, Sergeant Reed Ashpole (Sergeant Ashpole) called Sergeant Green, whose name was recorded as an interviewer in the transcript. Sergeant Green had since been reassigned and was no longer actively working on the Dawson murder case. However, Sergeant Green accepted the call, and the Sergeants discussed whether the Hurd letter should be subpoenaed. Sergeant Green told Sergeant Ashpole to hold the Hurd letter until Sergeant Green could explore the matter. Sergeant Green immediately called Gary McGlennen (Prosecutor McGlennen), the Assistant Hennepin County Attorney in charge of prosecuting the Hurd case, and asked for the position of the Hennepin County Attorney's Office on mailing the intercepted Hurd letter. Prosecutor McGlennen told Sergeant Green he would find out and call Sergeant Green back.

Two days later, Sergeant Ashpole again called Sergeant Green to ask what should be done with the intercepted Hurd letter. At this time, Prosecutor McGlennen had not provided Sergeant Green with an answer to his inquiry. What Sergeant Green told Sergeant Ashpole in the second telephone call is disputed. Sergeant Ashpole testified Sergeant Green told him the police were not interested in subpoenaing the Hurd letter and it could be mailed. Sergeant Green testified he told Sergeant Ashpole that he had not received an answer from the Hennepin County Attorney's Office; but also advised that, if the Carver County Sheriff Department's policies did not prohibit mailing the Hurd letter, then Sergeant Green personally did not know how the Hurd letter could lawfully be withheld from mailing. Prison authorities released the hold on the Hurd letter, and the Hurd letter was mailed to Neal.³

Upon discovering the Hurd letter had been mailed, Sergeant Green notified Sergeant Carlson, who contacted Gatlin on July 8, 1998, and advised him of the mailing. Gatlin told Sergeant Carlson he already knew his police statement had been mailed, because Gatlin had already spoken with Neal, a life-long friend of Gatlin's. According to Gatlin, Neal had little influence in the MC gang. Gatlin informed Sergeant Carlson that Neal said he was considering whether to circulate Gatlin's police statement to MC gang members. Gatlin also told Sergeant Carlson he did not believe Neal would circulate Gatlin's statement; but, if Neal did circulate the statement, Gatlin's life would be in danger. Gatlin did remind Sergeant Carlson of Gatlin's fear for his safety and the safety of his family.

The following day, officers brought Gatlin to the police station, and Prosecutor McGlennen moved the state court to alter the terms and conditions of Gatlin's probation to allow him to leave Minnesota until he was needed to testify. The court granted the motion, and the prosecutor's office made preliminary arrangements through its Victim/Witness Protection Program to finance Gatlin's relocation to Arkansas. On the same day, the City's police department advanced $350 to Gatlin so he could stay in a Wisconsin hotel over the weekend until Gatlin obtained relocation funds from the prosecutor's office. Early the following week, the Victim/Witness Protection Program issued Gatlin a $450 check, paid for an automobile tune up, paid for a U-Haul trailer, and agreed to provide additional funds to cover Gatlin's first month's rent and security deposit in Arkansas. Thereafter, City and Hennepin County officials believed Gatlin had left Minnesota and relocated to Arkansas.

Less than a month later, on August 7, 1998, police found Gatlin's body in a Minneapolis alley. Gatlin had been "shot between 13 and 15 times with a .40 caliber Smith and Wesson handgun." State v. Henderson, 620 N.W.2d 688, 693 (Minn. 2001). It was widely believed Gatlin was "murdered because he provided the police with information about the unsolved murder of Anthony Dawson." Id. Following a police investigation, three MC gang members were indicted for Gatlin's murder. Id. at 694. One indicted gang member was reportedly killed in Chicago before police could arrest him, and another indicted gang member pled guilty. A third indicted gang member was convicted by a jury of murdering Gatlin. Id. at 693.

Mrs. Gatlin filed this lawsuit, asserting both federal and state law claims against Sergeant Green and the City. Mrs. Gatlin claimed Gatlin was deprived of his federal constitutional and civil rights under 42 U.S.C. §§ 1981, 1983, and 1986 (2000). She also alleged numerous state law claims, including common-law claims of negligence, breach of contract, and placement in mortal danger leading to death, as well as statutory violations of the Minnesota Human Rights Act and the Minnesota Government Data Practices Act. Sergeant Green and the City moved for summary judgment. The district court granted summary judgment in favor of Sergeant Green on the basis of qualified immunity and also granted summary judgment in favor of the City on all federal claims. The district court declined to exercise supplemental jurisdiction over the state law claims.

II. DISCUSSION

We review de novo a district court's grant of summary judgment. Anderson v. Larson, 327 F.3d 762, 767 (8th Cir.2003). A de novo standard of review is also applicable when a district court grants summary judgment on the basis of qualified immunity. Omni Behavioral Health v. Miller, 285 F.3d 646, 650 (8th Cir.2002). A district court properly grants summary judgment when the record, viewed in the light most favorable to the nonmoving party, "show[s] that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c).

A. Claims Against Sergeant Green

In Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982), the Supreme Court explained that "government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." To survive summary judgment based on the affirmative defense of qualified immunity, a claimant must "(1) assert a violation of a constitutional right; (2) demonstrate that the alleged right is clearly established; and (3) raise a genuine issue of fact as to whether the official would have known that his alleged conduct would have violated plaintiff's clearly established right." Omni Behavioral Health, 285 F.3d at 651 (quoting Habiger v. City of Fargo, 80 F.3d 289, 295 (8th Cir.1996)).

Mrs. Gatlin's federal constitutional claims against Sergeant Green satisfy none of these requirements. Count Six alleges Sergeant Green's actions "caused the intentional deprivation of the constitutional and civil rights of Mr. Gatlin, in violation of 42 U.S.C. § 1983, thereby causing Plaintiff to suffer damages as alleged herein." "Section 1983 does not confer substantive rights but merely provides a means to vindicate rights conferred by the Constitution or laws of the United States." Wilson v. Spain, 209 F.3d 713, 715 (8th Cir.2000). Section 1983 requires a claimant to identify the particular right that has been violated. DuBose v. Kelly, 187 F.3d 999, 1004 (8th Cir.1999).

Mrs....