Gausvik v. Periez
| Decision Date | 16 September 2002 |
| Docket Number | No. CS-01-071-AAM.,CS-01-071-AAM. |
| Citation | 239 F.Supp.2d 1067 |
| Parties | Ralph GAUSVIK, Plaintiff, v. Robert Ricardo PEREZ, individually, and in his official capacity; et al., Defendants. |
| Court | U.S. District Court — District of Washington |
John S. Stocks, Van Siclen Stocks & Firkins, Auburn, WA, Robert Craig Van Siclen, Tyler K. Firkins, Van Siclen Stocks & Firkins, Auburn, WA, for Ralph Gausvik.
Patrick G. McMahon, Carlson McMahon & Sealby PLLC, Wenatchee, WA, for Robert Ricardo Perez.
Patrick G. McMahon, Carlson McMahon & Sealby PLLC, Wenatchee, WA, for Kenneth J. Badgley, Earl Tilley, City of Wenatchee, Wenatchee Municipal Police Dept.
Stanley Allen Bastian, Jeffers Danielson Sonn & Aylward PS, Wenatchee, WA, for Chelan County.
Joel E. Wright, Lee Smart Cook Martin & Patterson PS, Seattle, WA, for Barker & Howard PS Inc., Jeffrey Barker, Keith Howard.
ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDMENT IN PART, INTER ALIA
BEFORE THE COURT is the Motion of defendants Perez, Badgley, Tilly and City of Wenatchee for Summary Judgment (Ct.Rec.117)1; plaintiffs Motion for Partial Summary Judgment (Ct.Rec.130); plaintiffs Motion for Rule 56(g) Sanctions and/or Order on Contempt (Ct.Rec.202); and plaintiffs Motion to Supplement Summary Judgment Response.
Per LR 7.1(h)(3) the court has exercised its discretion to consider all of these motions without oral argument.
Defendant Robert Perez of the City of Wenatchee Police Department was the lead investigator in what became known as the "Wenatchee Sex Ring" cases. His investigation led to the arrest of plaintiff Ralph Gausvik.
On November 2, 1995, a Chelan County jury found plaintiff guilty of six counts of rape of a child and child molestation. In January 1998, the Washington Court of Appeals reversed plaintiffs convictions on two of the counts, but affirmed on the remaining counts. On November 18, 1998, plaintiff was resentenced to a term of imprisonment of 260 months.
In June 2000, pursuant to a personal restraint petition filed by plaintiff, the Washington Court of Appeals remanded the matter to the Chelan County Superior Court for a reference hearing to determine the reliability of the victims' accusations. The matter was specifically remanded to Hon. Wallace Friel, a Whitman County Superior Court Judge. The State thereafter voluntarily dismissed all of the charges against Mr. Gausvik because Judge Friel had made findings in previous reference hearings in other cases that Perez had improperly interviewed alleged abuse victims. The State therefore, believed it could not prevail in Mr. Gausvik's case.
After the charges against him were dismissed, Gausvik commenced the suit which is now before this court. This suit alleges violations of plaintiffs federal constitutional rights under 42 U.S.C. § 1983. It also alleges various state law tort causes of action. Named as defendants are: Robert Perez, Kenneth J. Badgley, Chief of the Wenatchee Police Department during the relevant time, Earl Tilly, Mayor of the City of Wenatchee and Director of the Public Safety Committee at the relevant time, City of Wenatchee and Wenatchee Municipal Police Department. By previous order of the court, summary judgment was granted in favor of defendants Chelan County, Barker & Howard, P.S., Inc., and Jeffrey Barker and Keith Howard, the principals of Barker & Howard. Those defendants are no longer part of this litigation.2
Robert Ricardo Perez ("Perez") is a sixteen year law enforcement veteran. For the past thirteen years he has served the City of Wenatchee as a police officer.
Kenneth C. Badgley, at all material times to this lawsuit, was the Chief of the Wenatchee Police Department, having served as chief since September 1978.
Earl F. Tilly, at all material times to this lawsuit, was the Mayor of the City of Wenatchee, serving as director of the city's Public Safety Committee.
On January 1, 1994, Perez was appointed to the Detective Unit of the Wenatchee Police Department. He was assigned to be the detective in charge of crimes against persons which included investigation of child abuse, both physical and sexual abuse. This was a two year rotational assignment and on December 31, 1995, Perez went back to being a patrol officer.
Perez received some training in child sex abuse investigations. He attended a three day, twenty-one hour seminar put on for the prosecutors and law enforcement personnel in Wenatchee from December 1, 1993 to December 3, 1993. In May 1994, Perez attended the five day, forty hour Washington State Criminal Justice Training Course on investigating child abuse.
On or about March 13, 1995, Perez and Washington Child Protective Services (CPS) worker Kate Carrow drove Perez's foster daughter, Donna Everett, through Wenatchee and East Wenatchee. Everett identified plaintiffs home as one of the homes in which she claimed she had been sexually abused. Everett stated that plaintiff Gausvik and his wife, Barbara Garaas, had sexually abused her, as well as their own children.
Ralph Gausvik and Barbara Garaas are the father and mother of three children: Troy W. Garaas, Delilah Garaas, and Christa Garaas. Barbara Garaas is also the mother of another child, Travis V. Garaas, who lived with his mother and Ralph Gausvik. Gausvik is not the biological or adoptive father of Travis.
On May 30, 1995, Perez and Carrow went to the elementary school attended by Delilah, age 5 at the time. Perez and Carrow interviewed Delilah. Delilah did not make any allegations of abuse by her father at this time.
Following the interview with Delilah, Perez and Carrow went to the home of Ralph Gausvik and Barbara Garaas. The Garaas children were taken into CPS protective custody and placed with foster parents.
On June 5, 1995, Troy Garaas, then twelve years old, was taken out of his elementary school by Perez and Carrow and interviewed at the CPS office. During this interview, Troy related sexual abuse by his mother and father.
On June 6, 1995, Carrow and CPS filed Dependency Petitions relating to Travis, Troy and Delilah Garaas.
On June 12, 1995, Carrow interviewed fifteen year old Travis Garaas. Travis denied any abuse by his mother or Ralph Gausvik.
On June 29, 1995, Troy and Travis Garaas were taken to James Jantzen, M.D., for physical examinations. Both boys denied to Dr. Jantzen that they had been sexually abused.
On July 5, 1995, Delilah Garaas was taken to Dr. Jantzen for a physical examination. She told Dr. Jantzen she had not been abused by her parents.
Dr. Jantzen reported that his physical examination findings of all three children were "suggestive" of sexual abuse.
In early July 1995, Travis Garaas was interviewed by Douglas County detectives. He did not make any statements that he had been sexually abused by his mother or Ralph Gausvik.
On July 7, 1995, Perez arrested Ralph Gausvik and on July 8, the Chelan County Superior Court found probable cause for Gausvik's arrest.
On July 15, 1995, Chelan County Deputy Prosecutor Roy Fore filed a criminal information against Gausvik alleging rape of a child in the first degree and child molestation in the first degree perpetrated against Troy Garaas.
On August 16, 1995, Travis and Delilah were interviewed. In attendance at the interview were Perez, Carrow and Fore. Each of the children made statements that they had been sexually abused by Barbara Garaas and Ralph Gausvik.
On September 15, 1995, the Chelan County Prosecutor amended the criminal information against plaintiff to include counts that plaintiff had sexually abused Travis and Delilah.
On October 31, 1995, Travis Garaas testified at plaintiffs criminal trial that he had been sexually abused by the plaintiff.
On November 1, 1995, Troy and Delilah Garaas testified at the plaintiffs criminal trial that they had been sexually abused by the plaintiff.
On November 2, 1995, a jury convicted plaintiff on all six counts of child molestation and rape of a child.
On December 1, 1995, the Chelan County Juvenile Court entered Orders of Dependency finding that Travis, Troy and
Delilah were abused or neglected by a person legally responsible for their care.
On December 21, 1995, the plaintiff was sentenced to 280 months imprisonment.
On March 31, 1997, the Chelan County Superior Court held a hearing on the termination of the plaintiffs parenVchild relationship as it applied to Troy, Delilah and Christa Garaas. The court found in each case that there was clear, cogent and convincing evidence of sexual abuse. Plaintiffs parental rights were terminated.
In January 1998, the Washington Court of Appeals reversed plaintiffs convictions on the two counts relating to Troy, but affirmed the convictions on the other four counts relating to Travis and Delilah.
On November 18, 1998, plaintiff was resentenced to a term of imprisonment of 260 months.
In June 2000, pursuant to a personal restraint petition filed by plaintiff, the Washington Court of Appeals remanded the matter to the Chelan County Superior Court for a reference hearing to determine the reliability of the victims' accusations.
On June 28, 2000, Chelan County Prosecutor Gary Riesen and plaintiffs attorney stipulated to an order dismissing plaintiffs personal restraint petition and providing for the immediate release of plaintiff from confinement based on Chelan County's dismissal of all criminal charges against plaintiff.
The purpose of summary judgment is to avoid unnecessary trials when there is no dispute as to the facts before the court. Zweig v. Hearst Corp., 521 F.2d 1129 (9th Cir.), cert, denied, 423 U.S. 1025, 96 S.Ct. 469, 46 L.Ed.2d 399 (1975). Under Fed. R.Civ.P. 56, a party is entitled to summary judgment where the documentary evidence produced by ...
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