Henderson v. City of Euclid, 101149
| Decision Date | 08 January 2015 |
| Docket Number | No. 101149,101149 |
| Citation | 2015 Ohio 15 |
| Parties | TROY HENDERSON, ET AL. PLAINTIFFS-APPELLANTS v. CITY OF EUCLID, ET AL. DEFENDANTS-APPELLEES |
| Court | Ohio Court of Appeals |
APPELLANT
Troy Henderson, pro se
Chardon, Ohio 44024
Chris Frey
Law Director, City of Euclid
John F. Manley
Assistant Law Director
585 East 222nd Street
Euclid, Ohio 44123
{¶1} Plaintiff-appellant, Troy Henderson ("Henderson"), pro se, appeals from the order of the trial court, awarding summary judgment to the defendants-appellees in Henderson's civil action for damages arising from his arrest, indictment, and subsequent acquittal on various criminal charges. For the reasons set forth below, we affirm.
{¶2} On November 23, 2010, Melanie Allamby ("Allamby"), Henderson's former girlfriend, reported to Euclid police that in March or April 2010, Henderson took her 1998 Dodge Caravan ("Caravan") without her permission. Officer Dave Williams ("Officer Williams") took the report, which was designated as "Unauthorized Use of A Motor Vehicle." According to the police report prepared on this date:
Melanie Allamby reported the following: she was letting ex-boyfriend Troy Henderson use her vehicle.[1] She has asked Troy several times to return the vehicle but he refuses to do so. I left a message for Troy stating that if he does not return the vehicle to Melanie it may be entered as a stolen vehicle.
{¶3} The record next indicates that "[o]n December 9, 2010, Allamby contacted the city prosecutor to upgrade her report to a stolen auto." She appeared at the police station, was sworn according to law, and signed a document that set forth that she understood the consequences of filing a criminal charge, including potential charges of perjury, falsification, and an action by the accused for malicious prosecution. She then averred, "I desire to sign a criminal complaint against Troy Henderson for theft of my [motor vehicle]." She was then again sworn according to law and signed an affidavit accusing Henderson of theft of the vehicle pursuant to R.C. 2913.02(A)(2).
{¶4} On December 14, 2010, a supervising officer prepared a report, which stated:
Since the report was originally an unauthorized use complaint, Henderson was not listed as a suspect. After conferring with the city prosecutor it was upgraded to a stolen auto.
{¶5} The vehicle was located and towed on February 21, 2011. Henderson was arrested on September 16, 2011, and arraigned. On that same date, an assistant county prosecutor signed a criminal complaint against Henderson for theft of a motor vehicle, pursuant to R.C. 2913.02(A)(2).
{¶6} Euclid Police Sergeant Mitch Houser ("Sergeant Houser") conducted a follow-up investigation and spoke with Henderson after his arrest. Henderson waived his rights and advised Sergeant Houser that he had not stolen the vehicle and that in June 2010, Allamby signed over title of the 1998 Caravan to Henderson's mother, Barbara Brown ("Brown"). Henderson maintained that "Allamby is lying about the vehicle being stolen because she is angry at him" about a custody matter over their child. Sergeant Houser confirmed that the vehicle was titled to Brown on June 25, 2010. However, Sergeant Houser's follow-up investigation states the following:
I spoke to Allamby over the phone and she advised that her signature on the previous title (#1807291028) was a forgery. She adamantly denied ever signing the title over to anyone. Allamby told me that sometime around March or April of 2010, Henderson took the vehicle without her permission. She was aware he had it and did not want to involve the authorities in retrieving her vehicle. However, later in 2010, Henderson was involved in an accident and Allamby was cited for wrongful entrustment. At that point, Allamby demanded that Henderson return the vehicle. Henderson refused to return the vehicle, so on November 23, 2010, Allamby made an "Unauthorized Use of a Motor Vehicle" report with the EPD. On December 9th, 2010, Allamby contacted the City Prosecutor to upgrade the status of the vehicle as stolen and signed a warrant for Felony Theft (Motor Vehicle) at the City Prosecutor's office.
Allamby told me she was not aware that the title had been forged until approximately February of 2011 when she was involved in a civil proceeding with Henderson. Allamby told me that she made a police report with Patrol Sgt.
Knack regarding the forgery but I could locate no such report. Allamby said that she had a copy of the report and would provide it to me at a later date.
{¶7} Additional follow-up information was obtained about Allamby's prior police report for forgery a few days after Henderson was arrested. Sergeant Houser determined that on April 30, 2011, Allamby had gone to the Euclid police headquarters and alleged that "Henderson forged her name on her vehicle's title, notarized the title himself, and then had the title registered in his mother's name at the Title Bureau."
{¶8} Sergeant Houser also spoke with Brown in his follow-up investigation. Brown stated that her son had handled the matter concerning the car. Sergeant Houser determined that Henderson was the notary who witnessed the title transfer to Brown. Allamby told Sergeant Houser that the title had been forged, and that she did not transfer the car to Henderson's mother.
{¶9} On October 4, 2011, Henderson was indicted in Case No. CR-11-554594, in a three-count indictment, charging him with grand theft, in violation of R.C. 2913.02(A)(2); receiving stolen property, in violation of R.C. 2913.51(A); forgery and forging identification cards, in violation of R.C. 2913.31(A)(1); and tampering with records, in violation of R.C. 2913.42. The matter proceeded to a jury trial on March 22, 2012. On March 23, 2012, the trial court issued the following entry:
Trial resumes. The state rests. Defendant moves for acquittal pursuant to rule 29. Motion denied. Defense presents evidence. Defense rests and again moves for acquittal pursuant to rule 29. Motion denied. Jury deliberates. The jury returns a verdict of not guilty of all counts.
{¶10} On September 19, 2012, Henderson filed a pro se civil action against the city of Euclid ("Euclid"), an assistant prosecutor, the Euclid municipal judge, Sergeant Houser, Officer Williams, Detective Danny Sawyer ("Detective Sawyer"), and Captain Ralph Dole ("Captain Dole"). In his second amended complaint for relief, Henderson alleged that on November 2,2010, Officer Sawyer filed a report for the unauthorized use of the Caravan. According to Henderson, the vehicle belonged to "Troy H. Henderson" before it belonged to Allamby, and in June 2010, it was registered to and owned by Brown at the time that Allamby filed her criminal complaint for unauthorized use of the motor vehicle. Henderson alleged that since Allamby no longer owned the car, there was no basis for Henderson to face criminal charges connected with his use of the car, and there is no evidence of forgery of her car title. However, based upon inaccurate information in the report and untrue information provided by Allamby, a criminal arrest warrant was issued against him. This warrant, Henderson alleges, was signed by the Euclid municipal judge, which improperly led to his arrest and indictment. Henderson set forth claims for false arrest, malicious prosecution, breach of fiduciary duty, false imprisonment, infliction of emotional distress, negligence, abuse of process, civil conspiracy, loss of consortium, and violation of civil rights under 42 U.S.C. 1983.
{¶11} On September 12, 2013, the Euclid municipal judge and assistant prosecutor moved for summary judgment, arguing the judge is entitled to absolute immunity in the performance of her official duties and that the prosecutor's only involvement in the matter was to notify Allamby that in the event she filed charges, she could not later drop them. These defendants additionally argued that there was probable cause to arrest Henderson based upon the totality of the circumstances and from the perspective of a reasonable officer, given Allamby's sworn criminal complaint, the indictment issued by the grand jury, and the successive denials of Henderson's Crim.R. 29 motions to dismiss the charges.
{¶12} Henderson filed a brief in opposition and alternative motion for summary judgment. He argued that there were genuine issues of material fact whether Allamby was actually the owner of the Caravan and whether he forged the title to the vehicle. He maintainedthat the defendants violated his rights, were derelict in their duties, and acted in bad faith, with malice and reckless disregard for the facts.
{¶13} On September 25, 2013, Sergeant Houser, Captain Doles and the other police officers moved for summary judgment. Within this motion, defendants asserted that Euclid may not be held liable under 42 U.S.C. 1983, on a theory of respondeat superior. Captain Doles, Detective Sawyer, and Officer Williams also averred that they were not involved, in any capacity, in the investigation of the matter or the arrest of Henderson. Sergeant Houser averred that he was not involved in the preparation of Allamby's criminal complaints, and he was not involved in Henderson's arrest. The defendants additionally argued that the officers acted within their qualified and statutory immunity because they did not fabricate or ignore evidence and, in undertaking their investigation, they considered:
[Henderson] and Allamby's mutual claim to ownership of the same vehicle, of Allamby's sworn testimony that she did not execute title to her vehicle or voluntarily ownership of the vehicle to [Henderson's] mother. They were aware that Allamby and [Henderson] were estranged and that [Henderson] notarized the vehicle title.
{¶14...
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