Huffaker v. Bucks County Dist. Attorney's Office

• Citation: 758 F. Supp. 287
• Decision Date: 05 March 1991
• Docket Number: Civ. A. No. 88-7218.
• Parties: Daniel HUFFAKER v. BUCKS COUNTY DISTRICT ATTORNEY'S OFFICE and Chalfont Borough Police Department.
• Court: U.S. District Court — Eastern District of Pennsylvania

758 F. Supp. 287

Daniel HUFFAKER v. BUCKS COUNTY DISTRICT ATTORNEY'S OFFICE and Chalfont Borough Police Department.

Civ. A. No. 88-7218.

United States District Court, E.D. Pennsylvania.

March 5, 1991.

Sayde J. Ladov, Philadelphia, Pa., for Daniel Huffaker.

Robert G. Hanna, Jr., Philadelphia, Pa., for Chalfont.

Stephen P. Moyer, Southampton, Pa., for Bucks Co. Dist. Atty.

MEMORANDUM

WALDMAN, District Judge.

I. Background

Presently before the court are defendants' motions for summary judgment in this 42 U.S.C. § 1983 case. Plaintiff alleges that his First, Fourth, Fifth, Eighth and Fourteenth Amendment equal protection rights were violated when Chalfont Borough police charged him with sexually abusing a young retarded woman in his care without probable cause, and when the Bucks County District Attorney's Office did not promptly dismiss the charges. Plaintiff alleges that he is not guilty and that as a result of defendants' actions, was deprived of his "good name and reputation" and suffered from "extreme mental anxiety."

II. Legal Standard

Federal Rule of Civil Procedure 56(c) directs a court to enter summary judgment when there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. The court must view the underlying facts and all inferences therefrom in a light most favorable to the non-movant. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256, 106 S.Ct. 2505, 2514, 91 L.Ed.2d 202 (1986). Only facts that may affect the outcome of a case under applicable law are "material." Id. at 248, 106 S.Ct. at 2510. Once a summary judgment motion is filed, the nonmovant must identify evidence on which a verdict in his favor could be sustained. See Childers v. Joseph, 842 F.2d 689 (3d Cir. 1987).

III. Facts

The record consists of the depositions of plaintiff, Chalfont Police Chief Harry Gacad and Bucks County Assistant District Attorney Terence Houck, as well as several exhibits including pertinent police reports and reports from Claudia Denelsbeck-Laskow and Thomas Cramer who provided professional support services to plaintiff. Virtually all of the pertinent facts are uncontroverted and, viewed in a light most favorable to plaintiff, are as follow.

In October of 1987, Karen Chester, a mentally retarded 22-year-old, was living with her parents in Southampton, Bucks County. She spent the weekend of October 16-18, 1987 at the Chalfont Respite Apartment Program for mentally disabled persons. Upon returning home on the evening of October 18, Karen related to her parents that during her stay at Chalfont someone there named Dan made her kneel and placed his penis in her mouth while also fondling her breast. Mrs. Chester promptly relayed this information to Harry Gacad, the Chalfont police chief.

Chief Gacad proceeded to investigate Karen's allegation. He interviewed Karen. He interviewed Mrs. Chester. He ascertained that the only person named Dan with access to Karen Chester at the relevant time and place was plaintiff. He sought information from the director of mental retardation services at Lenape Valley Foundation who had worked with Karen for six years, and from a developmental disabilities counselor who had worked with Karen for five years. The former, Ms. Denelsbeck-Laskow, reported that Karen functioned in the "mild to moderate range of mental retardation," and that she "provides accurate and reliable information." The latter, Mr. Cramer, reported that he had never known Karen "to invent or fantasize events," and that she was "a reliable and accurate source of information."

Chief Gacad then waited for a requested interview of plaintiff. Plaintiff ultimately declined to be interviewed after consulting with counsel. Chief Gacad then presented his findings to an assistant district attorney for review.

On November 24, 1987, on the affidavit of Chief Gacad, a formal criminal complaint was issued charging plaintiff with violating several laws proscribing non-consensual sexual conduct and indecent exposure. Plaintiff was advised of the charges and voluntarily presented himself at the police station. He was promptly arraigned and released on bail. Plaintiff was at no time handcuffed, incarcerated or physically abused. A preliminary hearing was scheduled for January 28, 1988.

The hearing was postponed at plaintiff's request. The authorities honored plaintiff's counsel's request for a lineup. A lineup was conducted on March 24, 1988, including plaintiff and two of his brothers among others. Plaintiff testified that he wore a beard and eyeglasses in October 1987. He appeared in the lineup without a beard or glasses. Karen Chester looked away and failed to identify anyone in the lineup.

Terry Houck, the assistant district attorney assigned to the case, then had discussions about the case with Mrs. Chester, Chief Gacad and others. Mrs. Chester concluded that it was undesirable to subject Karen to the emotional trauma of a trial and asked Mr. Houck to drop the charges against plaintiff. On June 2, 1988, Mr. Houck dismissed the charges against plaintiff. On September 19, 1988, plaintiff initiated this action. There is no evidence that prior to June 2, 1988, plaintiff or his counsel ever moved to dismiss the state charges.

IV. Discussion

To prevail on a § 1983 claim, a plaintiff must prove that he was deprived of a federally secured right by a defendant acting under color of state law. Flagg Brothers, Inc. v. Brooks, 436 U.S. 149, 155-56, 98 S.Ct. 1729, 1732-33, 56 L.Ed.2d 185 (1978); Cohen v. City of Philadelphia, 736 F.2d 81, 83 (3d Cir.), cert. denied, 469 U.S. 1019, 105 S.Ct. 434, 83 L.Ed.2d 360 (1984). To sustain a § 1983 claim against a municipality, a plaintiff must show that the action in question was taken pursuant to a governmental policy. Monell v. New York City Department of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). A single action by a municipal official, however, may constitute a "policy" if he had final authority to pursue a course of action regarding the matter at issue and deliberately chose among available alternatives to do so. Pembaur v. Cincinnati, 475 U.S. 469, 481-84, 106 S.Ct. 1292, 1299-1301, 89 L.Ed.2d 452 (1986); Bello v. Walker, 840 F.2d 1124, 1129-30 n. 4 (3d Cir.), cert. denied, 488 U.S. 868, 109 S.Ct. 176, 102 L.Ed.2d 145 (1988).

It is unquestioned that Chief Gacad and Mr. Houck were acting under color of state law at all relevant times. Mr. Houck, at least, had and exercised final decision-making authority to dismiss the charges against plaintiff. Mr. Houck testified that it is the practice and policy of the Bucks County District Attorney's Office that the assistant district attorney assigned to a case makes the ultimate decision of whether to prosecute or nolle pros. As Borough police chief, presumably Mr. Gacad was a key decisionmaker for that municipality as to whether and when to initiate a sworn criminal complaint. At least the record does not clearly preclude such a finding.

The court will proceed to determine whether plaintiff has adduced sufficient evidence to establish a violation of the constitutional rights on which he predicates his action.

A. Fifth Amendment Claim

Plaintiff alleges that defendants violated his "immunity under the Fifth Amendment from punishment without due process of law." The due process clause of the Fifth Amendment does not limit actions of state officials. Bartkus v. Illinois, 359 U.S. 121, 79 S.Ct. 676, 3 L.Ed.2d 684 (1959); Brock v. North Carolina, 344 U.S. 424, 73 S.Ct. 349, 97 L.Ed. 456 (1953); Knoetze v. United States, 634 F.2d 207, 211 (5th Cir.), cert. denied, 454 U.S. 823, 102 S.Ct. 109, 70 L.Ed.2d 95 (1981). Accordingly, defendants are entitled to judgment as a matter of law on plaintiff's Fifth Amendment claim.

B. First Amendment Claim

Plaintiff states that defendants violated his First Amendment rights. There is no factual allegation in the complaint and not one iota of evidence has been adduced which even suggests a violation of rights secured by the First Amendment, let alone evidence from which a jury reasonably could find such a violation. The court is utterly baffled as to how plaintiff's First Amendment rights may have been implicated in view of his factual allegations and the evidence of record. In plaintiff's response to defendants' motions, counsel does not even offer a clue as to the basis for the First Amendment claim.

Defendants are entitled to judgment as a matter of law on plaintiff's First Amendment claim.

C. Eighth Amendment Claim

Plaintiff claims that defendants violated his Eighth Amendment right to be free from cruel and unusual punishment. The Eighth Amendment's prohibition of cruel and unusual punishment applies only to prisoners who have been convicted of a crime. Ingraham v. Wright, 430 U.S. 651, 671-72 n. 40, 97 S.Ct. 1401, 1412-13 n. 40, 51 L.Ed.2d 711 (1977); Lynch v. Cannatella, 810 F.2d 1363, 1375 (5th Cir.1987); Romeo v. Youngberg, 644 F.2d 147, 156 (3d Cir.1980). It is uncontested that plaintiff was never convicted of a crime or even incarcerated. There is absolutely no evidence from which one could find a violation of plaintiff's Eighth Amendment rights by these defendants.

Defendants are entitled to judgment as a matter of law on plaintiff's Eighth Amendment claim.

D. Fourth Amendment Claim

Plaintiff alleges that his Fourth Amendment rights were violated when he was charged without probable cause. Probable cause to arrest and initiate criminal proceedings exists where the charging officer has knowledge of facts and circumstances sufficient to permit a prudent person of reasonable caution to believe that the person charged has committed an offense. Michigan v. DeFillippo, 443 U.S. 31, 37, 99 S.Ct. 2627, 2632, 61 L.Ed.2d 343 (1979); Brinegar v. United States, 338 U.S. 160, 175-76, 69 S.Ct. 1302, 1310-11, 93 L.Ed. 1879 (1949). See also Illinois v. Rodriguez, ___ U.S. ___, 110 S.Ct. 2793, 2800, 111 L.Ed.2d 148 (1990);...