Heine v. Connelly

• Decision Date: 01 October 1986
• Docket Number: Civ. A. No. 85-181 LON.
• Citation: 644 F. Supp. 1508
• Parties: Robert C. HEINE, Plaintiff, v. Corporal CONNELLY, et al., Defendants.
• Court: U.S. District Court — District of Delaware

644 F. Supp. 1508

Robert C. HEINE, Plaintiff, v. Corporal CONNELLY, et al., Defendants.

Civ. A. No. 85-181 LON.

United States District Court, D. Delaware.

October 1, 1986.

Norman E. Levine of Levine and Thompson, Wilmington, Del., for plaintiff; Thomas H. Tropp, Terry S. Silva (argued) of Harris, Tropp & Smith, Media, Pa., of counsel.

H. Murray Sawyer, Jr. and Roger A. Akin (argued) of Sawyer & Akin, Wilmington, Del., for defendants Connelly, Gunning, Corrigan, Simpson, Spillan and Inman, in their individual capacities.

Michael F. Foster and John J. Polk (argued) of the Dept. of Justice, Wilmington, Del., for defendants.

OPINION

LONGOBARDI, District Judge.

Plaintiff Robert C. Heine has sued twenty-seven officials of the State of Delaware for contributing to his allegedly unlawful arrest and subsequent sexual assault by a prisoner trustee. Heine seeks relief pursuant to 42 U.S.C. § 1983 and the pendent state law doctrines of false arrest, false imprisonment, gross negligence and negligence. Six defendants — the two arresting officers and four of their supervisors — have moved for summary judgment in their individual capacities. They maintain that Heine's arrest and subsequent detention resulted from a valid capias, i.e., a valid bench warrant, issued by the Court of Common Pleas. On the other hand, Heine claims that the arresting officers predicated the arrest and deprivation of his liberty upon inaccurate computer information that cannot constitute probable cause. He also alleges that the officers breached their duty to bring him promptly before a magistrate. In addition, Heine claims that the supervisors acquiesced and/or participated in the procedures that caused these infractions.

I. PROCEDURAL STAGE

Following service of the complaint, all Defendants moved to dismiss the claims brought against them in their official capacities. Six of these Defendants, Corporal Michael Connelly, Sergeant Michael Gunning, Colonel Daniel L. Simpson, Captain James R. Spillan, Captain Terrence Inman and Captain James Corrigan ("the six Defendants"), also moved for summary judgment in their individual capacities. Following the oral argument, Plaintiff stipulated that the complaint charged all Defendants in their individual capacities alone. Thus, only the motion filed by the six Defendants remains before the Court. The present record consists solely of the complaint, the briefs, the supporting affidavits and a handful of documents. No answers have been filed. Neither party has taken any discovery.¹ Plaintiff Heine has not moved under Rule 56(f) claiming that he is unable to properly resist Defendants' motion.

II. FACTS

On a motion for summary judgment, the Court must determine whether there is a "genuine issue as to any material fact such that the moving party is entitled to a judgment as a matter of law." Fed.R. Civ.P. 56(c). In the process, the Court must "resolve any doubts as to the existence of genuine issues of fact against the moving party. Moreover, inferences to be drawn from the underlying facts contained in the evidential sources submitted to the trial court must be viewed in the light most favorable to the party opposing the motion." Sunshine Books, Ltd. v. Temple University, 697 F.2d 90, 95 (3d Cir.1982). "The substantive law will identify which facts are material. Only disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment." Anderson v. Liberty Lobby, Inc., ___ U.S. ___, 106 S.Ct. 2505, 2509-10 (1986). A "dispute about a material fact is `genuine' where the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Id.

A. Background

The events surrounding Heine's arrest are easily summarized. During March of 1983, Corporal Connelly developed Heine as a suspect in certain burglaries. At 7:00 p.m. on March 28, Heine complied with Connelly's request to appear at the Troop 1 station of the Delaware State Police. Connelly questioned Heine for nearly two hours but brought no charges relating to the burglary.

After concluding this interrogation, Connelly left the room. When he returned, Connelly allegedly said, "I got you." Heine Affidavit, Docket Item ("D.I.") 40, ¶ 9. Connelly then arrested Heine because a computer search had revealed an outstanding capias for Heine issued by the Court of Common Pleas ("CCP"). The veracity of this information represents the key issue in the case against the six Defendants. The Court will explore this issue in greater detail after explicating the balance of the relevant facts.

Heine told Connelly that the charges underlying the capias had been dropped in August, 1982. Ibid. at ¶ 12. At Heine's behest, the desk sergeant, Michael Gunning, called Heine's attorney, Gary Linarducci. Ibid. at ¶¶ 13, 14. Linarducci told both Connelly and Gunning that the charges had been dropped. Gunning allegedly told Linarducci that the State Police would house Heine at Troop 1 for the night and would call Linarducci before moving him. Ibid. at ¶ 16. Gunning apparently also told Linarducci that he lacked authority to release a fugitive named in a valid capias. Gunning Affidavit, D.I. 37A at ¶ 2. He also advised Linarducci to petition the court for withdrawal of the capias. Ibid. at ¶ 3. Without informing Linarducci, the troopers later took Heine to the Gander Hill prison. Heine Affidavit, ¶ 17.² Heine alleges that he was sexually assaulted at Gander Hill by a prisoner trustee. Heine Affidavit ¶ 20. He was released the next day without appearing before a court. Ibid. at ¶ 21.

The gravamen of Heine's complaint against these six Defendants is the alleged inaccuracy of the computer information which indicated the outstanding capias. Heine asserts that the computer printout is in error because it shows the underlying charges to be criminal trespass and theft when the actual charges were criminal trespass in the second degree and terroristic threatening. A simple investigation, says Heine, would have revealed that the charges had been dropped and the capias should not have issued. Heine further alleges that his earlier efforts to correct the inaccuracy failed because of the inadequate procedures established by the supervisory Defendants.

In response, the troopers claim to have acted upon the outstanding capias which they allege was lodged at Troop 1. They also contend that the capias was valid both on its face and in fact, thus providing the necessary probable cause for detention.

It is clear from the arguments of the parties that the validity of the capias is the central issue in this case. Consequently, the Court will briefly outline the effect of a capias under Delaware law. The Court will then determine the validity of the capias issued for Heine's arrest.

B. The Capias Under Delaware Law

The capias at issue in this case is essentially a bench warrant for the arrest of an accused who has failed to appear for a court date. The capias identifies the person wanted (i.e., Heine), the reasons for the court's order, the original charges, the case numbers and the officer to whom it is issued. It then states:

TO THE SHERIFF or ANY CONSTABLE OF NEW CASTLE COUNTY, WE COMMAND that you take the above named person and safely keep him and bring him before one of our Judges at Wilmington, at the COURT OF COMMON PLEAS FOR NEW CASTLE COUNTY.

And have you then there this Writ.

WITNESS the Honorable Judge of the COURT OF COMMON PLEAS for New Castle County.

The capias concludes with a section labelled "RETURN" in which the date and source of return are to be noted.

The command language of the capias is given literal meaning by the Delaware courts. Delaware officers have the "duty to arrest the defendant as soon as possible upon learning that there is a capias out for him." State v. Stephen J. Severin, Cr.A. No. IN81-12-0102 and 0103, slip. op. (Del.Super. Mar. 23, 1982) (Balick, J.). The age of the capias does not affect its authority because "an unexecuted arrest warrant does not become a nullity." Tiller v. State., Del.Supr., 257 A.2d 385, 388 (1969). The arresting officers are required by the capias to produce the defendant before the issuing court. Fullman v. State, Del. Supr., 389 A.2d 1292, 1295 (1978); id. at 1301 (Duffy, J., concurring). If the issuing court is closed when the suspect is arrested, the suspect may be held overnight or over a weekend. See Fullman v. State, 389 A.2d 1292.

C. The Validity of This Capias

Heine's legal difficulties began on May 21, 1982, when a neighbor named Ronald J. Bilinski swore a complaint in the Justice of the Peace Court for New Castle County that charged Heine with criminal mischief in violation of 11 Del.C. § 811. The Court of Common Pleas assumed jurisdiction of the case.³ The court assigned the case the number XX-XX-XXXX ("the '49 charge"). On June 10, 1982, Heine answered the charges before Judge Bradley. He entered a plea of not guilty and waived trial by jury. Judge Bradley set the matter for trial on July 9. The court later continued the matter to August 11 at the State's request. The Court itself subsequently continued the case to September 22. On that date a disposition of nolle prosequi was entered for Heine both on case number XX-XX-XXXX and a second charge of terroristic threatening bearing case number XX-XX-XXXX ("the '50 charge").

In the interim, a second incident occurred between Heine and Bilinski. On July 23, 1982, Bilinski swore complaints in the Justice of the Peace Court for New Castle County which charged Heine with criminal trespass in the second degree and terroristic threatening. D.I. 44 at B-25, B-28. These acts violate 11 Del.C. § 822 and 11 Del.C. § 621 respectively. On July 25, 1982, Heine appeared before Justice of the Peace Ahern. D.I. 44 at B-29. He elected to stand trial in the Court of Common Pleas. Ibid. The Court of Common Pleas assigned the two charges case numbers MN82-07-37290-T ("the '29 charge") and...