Gavitt v. Ionia Cnty.

• Decision Date: 15 December 2014
• Docket Number: Case No. 14–12164.
• Citation: 67 F.Supp.3d 838
• Parties: David L. GAVITT, Plaintiff, v. IONIA COUNTY, et al., Defendants.
• Court: U.S. District Court — Eastern District of Michigan

67 F.Supp.3d 838

David L. GAVITT, Plaintiff

v.IONIA COUNTY, et al., Defendants.

Case No. 14–12164.

United States District Court, E.D. Michigan, Southern Division.

Signed Dec. 15, 2014.

Vernon R. Johnson, Johnson Law, PLC, Detroit, MI, J. Paul Janes, Gruel Mills Nims & Pylman PLLC, Grand Rapids, MI, for Plaintiff.

Allan C. Vander Laan, Andrew J. Brege, Cummings McClorey, Jeshua T. Lauka, David & Wierenga P.C., Grand Rapids, MI, Ellisse S. Thompson, Plunkett Cooney, Detroit, MI, Michael S. Bogren, Plunkett & Cooney, Kalamazoo, MI, Joseph T. Froehlich, Mark E. Donnelly, Rock A. Wood, Michigan Department of Attorney General, Lansing, MI, for Defendants.

OPINION AND ORDER GRANTING MOTION TO DISMISS OR FOR SUMMARY JUDGMENT FILED BY DEFENDANTS IONIA COUNTY, GARY M. GABRY, RAYMOND P. VOET, RONALD J. SCHAFER, AND GAIL BENDA [39]

NANCY G. EDMUNDS, District Judge.

This is a civil rights case brought pursuant to 42 U.S.C. § 1983. On June 2, 2014, Plaintiff David Gavitt filed a complaint against numerous Defendants, including Ionia County; former Ionia County Prosecutors Gary Gabry, Raymond Voet, and Gail Benda; and current Ionia County Prosecutor Ronald Schaefer (hereinafter “Ionia County Defendants”). Plaintiff Gavitt (hereinafter “Gavitt”)'s § 1983 claims arise from a house fire that occurred in March 1985 and tragically took the lives of Gavitt's wife and two daughters. Gavitt survived. Gavitt was charged, convicted, and sentenced in 1986 to life in prison on state criminal charges of arson and felony murder. See People v. David Lee Gavitt, Ionia County Circuit Court Case No. 85–007555.

In September 2011, a motion for relief from judgment was filed on Gavitt's behalf by the University of Michigan Law School's Innocence Clinic, arguing that there was newly-discovered evidence of Gavitt's innocence, i.e., newly discovered scientific analysis of the origin and cause of the fire establishing that there was no arson. (Defs.' Ionia County, Gabry, Voet, Schaefer, and Benda Mot. for Sum. Judg., Ex. 10, Brief at 16–37.) On June 6, 2012, the People of the State of Michigan and Gavitt stipulated that Gavitt's motion for relief from judgment be granted; and that same day, the Ionia County Circuit Court issued an Order granting Gavitt's motion, dismissing all the charges against him, and ordering his immediate release. (Id. at Ex. 15, 6/6/12 Stip. and Order.)

This matter is now before the Court on the Ionia County Defendants' motion to dismiss or for summary judgment [39], brought pursuant to Rules 12(b)(6) and 56 of the Federal Rules of Civil Procedure. Defendants argue that “Plaintiff's allegations are insufficient to state a claim” for relief and are thus subject to dismissal under Rule 12(b)(6). Defendants argue, in the alternative, that “[t]o the extent the Court may be required to rely on materials outside the pleadings,” Defendants are entitled to summary judgment under Rule 56. (Defs.' Mot. at 1, Defs.' Br. at 11.) The Ionia County Defendants' motion is considered under Rule 12(b)(6) and is GRANTED.

Gavitt's claims seeking money damages against former Ionia County Prosecutor Gabry in his individual capacity are shielded by absolute immunity or fail to state a claim for relief. See Koubriti v. Convertino, 593 F.3d 459 (6th Cir.2010) ; see also District Attorney's Office for the Third Judicial District v. Osborne, 557 U.S. 52, 129 S.Ct. 2308, 174 L.Ed.2d 38 (2009). Gavitt's claims seeking money damages against the Defendant Ionia County prosecutors in their official capacity are barred because, under Michigan law, they act as agents of the State when prosecuting state criminal offenses and are thus entitled to Eleventh Amendment immunity.See Cady v. Arenac County, 574 F.3d 334 (6th Cir.2009). Gavitt's municipal liability claims seeking money damages against Defendant Ionia County focus solely on the conduct of Defendant Ionia County prosecutors and are thus barred by the Eleventh Amendment. See D'Ambrosio v. Marino, 747 F.3d 378 (6th Cir.2014). Finally, as discussed below, Gavitt's claim for injunctive relief against the Ionia County Defendants fails to state a claim for relief. See Fed.R.Civ.P. 12(b)(6).

I. Background

A. Fire, Investigation, Arrest, Trial, and Conviction

Gavitt survived a March 9, 1985 house fire. His wife and two daughters tragically did not. (Compl., ¶¶ 61–67.) An investigation was initiated by the City of Ionia Police Department and the Michigan State Police Arson Task Force. (Id. at ¶¶ 71–101.)

On the morning of March 10, 1985, Defendants Kalman and Fatchett, then-Michigan State Police (“MSP”) officers assigned to the MSP Arson Strike Force Unit (“Det./Sgt. Kalman” and “Det./Sgt. Fatchett” respectively), were dispatched to the scene of the house fire to investigate its cause and origin and inspected the home. Based on their initial review of the evidence, they concluded that the fire was incendiary in nature. (Id. at ¶¶ 48–49, 101–103.) At 2:30 in the afternoon that same day, Det./Sgts. Kalman and Fatchett summoned Defendant Klein, then-Sergeant with the Ionia Police Department (“Sgt. Klein”), to the burned home, walked him through the evidence at the fire scene that led them to their initial conclusion that the fire was incendiary in nature, and collected evidence that Sgt. Klein then placed in an Ionia Police Department evidence locker. (Id. at ¶¶ 21, 108115.) Sgt. Klein then continued his investigation by obtaining evidence from and interrogating Gavitt, and obtaining more evidence from the burned home. (Id. at ¶¶ 116121, 125–129.)

On March 12, 1985, as reported in Det./Sgt. Kalman's March 1985 Report, a meeting was held “for the purpose of reviewing the evidence and determining the course of the investigation.” (Ionia Cnty. Defs.' Mot., Ex. 2, Kalman Rpt. at 10.) Defendant Prosecutor Gabry is listed as being present. (Id. ) Det./Sgt. Kalman reported that he presented evidence, a discussion was held, and a conclusion reached that Gavitt may have set the fire himself and was unable to save his family once the fire started:

Undersigned officer explained the burn patterns and also relating [sic] the burn patterns to the burns on the victim. A formal discussion was held on all the evidence obtained and it is the feeling that there is strong evidence pointing to the fact that MR. DAVID GAVITT may have indeed set the fire himself and was unable to save his family once the fire started.

(Id. ) Sgt. Klein's March 20, 1985 Report also discussed the March 12th meeting and calls it a “ ‘skull session’ starting at/around 8:30 am, ending a short time later.” (Ionia Cnty. Defs.' Mot., Ex. 2, 3/20/85 Rpt. at 1, “Journal Entry.”) Sgt. Klein does not list Prosecutor Gabry as being present. Rather, he reports:

Journal Entry: It was on TUES, MARCH 12th, 1985 that this investigating officer, Sgt. Wieczorek and Chief Voet met with the following: City Superintendent Allen Housler, Det./Sgt. JOHN KALMAN and Det./Sgt. JOE DeKRACKER of the Arson Strike Force, MSP Rockford Post, this meeting was an “initial assessment of the case”. It should be noted that this meeting was a “skull session” starting at/around 8:30 am, ending a short time later.

(Id. ) (See also Compl., ¶¶ 122–123, 232–233, 270 for discussion of March 12, 1985 meeting.)

On June 10, 1985, a felony complaint was issued, and state criminal charges were brought against Gavitt—three counts of murder, three counts of felony murder, arson, and arson insured property—and he was subsequently arrested. (Ionia Cnty. Defs.' Mot., Ex. 4, 6/10/85 criminal complaint and information.) Sgt. Klein was the complaining witness on the criminal complaint. (Id. )

On June 21, 1985, a preliminary examination hearing was held on the criminal charges brought against Gavitt. District Court Judge James Ward was the presiding judge and Defendant Gabry was the prosecutor. The District Court found that probable cause existed on the charged offenses—murder, felony murder, and arson—but dismissed the insurance fraud charge. (Compl., ¶¶ 177–178.)

A jury trial was held in the Circuit Court for the County of Ionia. See People v. David Lee Gavitt, Ionia County Circuit Court Case No. 85–007555. On February 14, 1986, a jury convicted Gavitt on three counts of murder committed in the perpetration of arson (first degree felony murder) and one count of arson to a dwelling place. (Ionia Cnty. Defs.' Mot., Ex. 6, 2/14/86 Verdict.) The one count of arson was dismissed by the Court at sentencing. (Id., Ex. 7, 4/18/86 Sent. Tr. at 2–3.)

On April 18, 1986, Gavitt was sentenced to “imprisonment for life on each of the three counts of murder, to be served concurrently with each other.” (Ionia Cnty. Defs.' Mot, Ex. 5, 5/1/86 Judg. of Sentence.)

B. Innocence Clinic's Post-trial Motion for Relief, Stipulation, and Dismissal

In September 2011, a motion for relief from judgment was filed on Gavitt's behalf by the University of Michigan Law School's Innocence Clinic, arguing that there was newly-discovered evidence of Gavitt's innocence, i.e., newly discovered scientific analysis of the origin and cause of the March 1985 fire establishing that there was no arson. (Id. at Ex. 10, Brief at 16–37.) That motion explained that evidence of actual innocence was only recently discovered because, beginning in 1992, there has been a complete revolution in the field of fire investigation:

14. The field of fire investigation has undergone a complete revolution since Mr. Gavitt was convicted in 1986. In 1992, the National Fire Protection Association adopted NFPA 921, the current standard of care for fire investigations, which for the first time put the field of fire investigation on a scientific basis.

15. In light of the changes in the field of fire investigation, John Lentini—a world-renowned fire investigator who has reviewed all available testimony and evidence in this case—has concluded that there is no basis to conclude that arson was the cause of the Gavitt fire. Mr. Lentini's affidavit is attached to the brief accompanying this motion.

16. Mr.

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