Ireland v. Tunis

• Decision Date: 26 June 1997
• Docket Number: 95-2333,Nos. 95-2244,s. 95-2244
• Citation: 113 F.3d 1435
• Parties: Billie M. IRELAND, Plaintiff-Appellant, v. Gary L. TUNIS, Richard Thompson, John Meiers, and Richard D. Kuhn, Defendants-Appellees.
• Court: U.S. Court of Appeals — Sixth Circuit

Page 1435

113 F.3d 1435

Billie M. IRELAND, Plaintiff-Appellant, v. Gary L. TUNIS, Richard Thompson, John Meiers, and Richard D Kuhn, Defendants-Appellees.

Nos. 95-2244, 95-2333.

United States Court of Appeals Sixth Circuit.

Argued Feb. 3, 1997.

Decided May 15, 1997

Rehearing and Suggestion for Rehearing En Banc Denied June 26, 1997.

Frank D. Eaman (argued and briefed), Bellance, Beattie, Harper Woods, MI, for Plaintiff-Appellant.

Robert G. Kamenec (briefed), Jeffrey C. Gerish (argued), Plunkett & Cooney, Detroit, MI, for Defendants-Appellees Gary L. Tunis, Richard Thompson, John Meiers.

Craig M. Weber (argued), George A. Googasian (briefed), The Googasian Firm, Bloomfield Hills, MI, for Defendant-Appellee Richard Kuhn.

Before: MARTIN, Chief Judge; NORRIS and MOORE, Circuit Judges.

OPINION

MOORE, Circuit Judge.

This appeal addresses the precise scope of immunity from civil suit afforded to a state court judge, county prosecutors, and an investigator employed by the prosecutor's office for their roles in seeking and issuing an arrest warrant. Plaintiff-Appellant Billie M. Ireland, Mayor of the City of Rochester Hills, Michigan, sued defendants, an Oakland County Circuit Court Judge, two Oakland County prosecutors, and a criminal investigator in the prosecutor's office, under 42 U.S.C. § 1983. Ireland claims that defendants violated her Fourth and Fourteenth Amendment rights when they filed a criminal complaint against her, sought and issued a warrant for her arrest in connection with alleged improprieties in the City's direct payments to a County police officer. The district court granted summary judgment for all defendants on the basis of absolute and qualified immunity. Ireland appeals the entry of summary judgment for defendants and the denial of her motions for summary judgment and to compel discovery. For the reasons that follow, we affirm.

I. BACKGROUND

Billie M. Ireland, Mayor of the City of Rochester Hills, Michigan, brought this 42 U.S.C. § 1983 action against four Oakland County officials: Richard D. Kuhn, Oakland County Circuit Court Judge; Richard Thompson, Prosecuting Attorney for the County; Gary L. Tunis, Assistant Prosecuting Attorney; and John Meiers, a criminal investigator with the prosecutor's office. Ireland alleges violations of her Fourth and Fourteenth Amendment rights insofar as she asserts that the warrant for her arrest, sought and issued by defendants, lacked probable cause to arrest and was not issued by a proper magistrate judge after a judicial proceeding. First Amend. Compl.; J.A. at 21-27.

On October 5, 1993, Oakland County Circuit Court Judge Kuhn, then acting as Chief Judge, issued a warrant for Ireland's arrest based on allegations made in a criminal complaint that Ireland had participated in a scheme to misappropriate public funds, stemming from payments made by the City of Rochester Hills to Captain Gerard Carlin, a county law enforcement officer assigned to the Rochester Hills substation of the Oakland County Sheriff's Department. Crim. Compl.; J.A. at 120-125.

Pursuant to a contractual arrangement, Oakland County provided law enforcement services to the City of Rochester Hills. See Agreement for Law Enforcement Servs.; J.A. at 369. The City paid the County for the overall provision of police services, and the County in turn compensated the individual officers rendering such services. The contract stated that the City would not be required to assume any liability for direct compensation to any County personnel, but apparently it did not forbid such direct payments. According to the contract, services beyond the scope of the contract were "available upon request by the local jurisdiction to be paid for at the established overtime rate." Agreement p 4; J.A. at 370.

Carlin was appointed Captain of the Rochester Hills substation, a newly-created position, in January 1991. As Captain, he became ineligible for overtime pay according to Sheriff's Department rules. See Sheriff Nichols Deposition at 117; J.A. at 1475. Ireland alleges that her administrative assistant, Doris Keylon, obtained specific approval from a Sheriff's Department official, Dale Cunningham, for the City to make payments directly to Carlin, and that "Mr. Cunningham knew very well what was going on." Ireland Deposition (Part II) at 106, 157-58; J.A. at 1262, 1313-14; see also Keylon Interview; J.A. at 683-84. In January 1991, the City began compensating Carlin for overtime services. In the ensuing two-year period, the City paid Carlin over $20,000. Ireland Deposition (Part 1) at 205-06; J.A. at 972-73.

In December 1992, after receiving an anonymous letter, the Sheriff's Department commenced an internal investigation of the City's payments to Carlin. Nichols Deposition at 49, 77; J.A. at 1458, 1465. Soon thereafter, the sheriff turned the investigation over to the Oakland County Prosecutor's Office, which subsequently decided to file criminal charges against Ireland, Carlin, and others. Thompson Deposition at 32-34; J.A. at 1533-34. With Thompson's approval, Tunis prepared an arrest warrant and a criminal complaint charging Ireland, Carlin, and Keylon with violating various state laws. ¹ Tunis Deposition at 17, 33; J.A. at 1569, 1573. On October 5, 1993, Tunis and Meiers presented the materials to Judge Kuhn in his chambers. Tunis Deposition at 59; J.A. at 1580. Meiers, who had assisted in the investigation, signed the complaint as the complaining witness. Id. Ireland alleges that no formal hearing was held, and that the complaint was not sworn to under oath. Judge Kuhn, however, testified at his deposition that he read the complaint, swore in the complainant, verified "that this was a true Complaint and what was in there was true," found probable cause on the basis of the complaint alone, and issued a warrant for Ireland's arrest. Kuhn Deposition at 18-20; J.A. at 148-50. No record was made of the proceeding. ² At their depositions, Tunis and Meiers testified in support of the judge's version of events. See Meiers Deposition at 127, 130, 143-44; J.A. at 1427-28, 1431; Tunis Deposition at 56, 59; J.A. at 1579-80.

Ireland and her co-defendants moved in state court to quash the arrest warrants. In response, Michigan District Court Judge Nelson issued an opinion finding that the procedure used to obtain the warrant violated the Fourth Amendment insofar as the complaints contained only legal conclusions without sufficient factual allegations to support such conclusions. Judge Nelson Opinion; J.A. at 211-215. To remedy the violation, Judge Nelson suppressed any evidence resulting from the arrests, but, recognizing the inherent safeguard of a preliminary examination, refused to dismiss the charges at that time. Judge Nelson Opinion; J.A. at 214. Following a preliminary examination, Judge Nelson dismissed all charges against Ireland for want of probable cause, a decision the prosecutors chose not to appeal. ³ See Tr of Prelim. Exam. at 42; J.A. at 257; Thompson Deposition at 73; J.A. at 1543.

Ireland subsequently commenced the instant civil action, contending that the criminal complaint against her insufficiently stated a violation of any Michigan criminal law; that the warrant for her arrest was not obtained in a proper judicial proceeding because the complaint was not sworn to under oath and failed to establish probable cause, and because Judge Kuhn lacked authority under Michigan law to issue arrest warrants; and that her arrest was attributable to "impure and malicious" political motives of the prosecutors. First Amend. Compl.; J.A. at 23-25.

In two detailed and well-reasoned opinions, the United States district court granted summary judgment to all defendants. First, the district court found Judge Kuhn absolutely immune from Ireland's suit. Ireland v. Tunis, 893 F.Supp. 724 (E.D.Mich.1995). Without deciding the "seemingly basic" but apparently unsettled question of whether judges of Michigan's circuit courts maintain authority under Michigan law to issue arrest warrants, the district court found that, even if Judge Kuhn did act in excess of his authority when he issued the warrant for Ireland's arrest, he did not act in the clear absence of all jurisdiction. Id. at 729, 730. Based on Michigan's jurisdictional framework, Judge Kuhn's belief that he had authority to issue arrest warrants was reasonable. Id. at 730.

In a subsequent opinion, the United States district court granted summary judgment to the remaining defendants. Ireland v. Tunis, 907 F.Supp. 1088 (E.D.Mich.1995). The court found that Prosecutors Thompson and Tunis were absolutely immune from Ireland's § 1983 suit for deciding to seek and for obtaining an arrest warrant, acts directly related to initiating prosecution. Id. at 1100. Meiers, however, performed only investigatory duties that were not protected by absolute immunity. Id. Nonetheless, the district court found that Meiers was entitled to qualified immunity for his participation in the procurement of Ireland's arrest warrant because his actions were objectively reasonable and violated no clearly established law. Id. at 1102, 1106. Ireland timely appealed.

II. DISCUSSION

A. Standard of Review

We review a district court's grant of summary judgment de novo, making all reasonable inferences in favor of the nonmoving party to determine if a genuine issue of material fact exists. Pusey v. City of Youngstown, 11 F.3d 652, 655 (6th Cir.1993) (quotation omitted), cert. denied, 512 U.S. 1237, 114 S.Ct. 2742, 129 L.Ed.2d 862 (1994). "Summary judgment is appropriate only where there is no genuine issue of material fact and the moving party is entitled to summary judgment as a matter of law." Id.

B. Absolute Judicial Immunity

Ireland argues that the broad shield of absolute judicial immunity does not protect Judge Kuhn from liability for issuing the warrant for her arrest. Judges are generally absolutely immune from civil suits for money damages, including § 1983 suits. Mireles...