Jacobs v. Dujmovic
| Decision Date | 11 December 1990 |
| Docket Number | Civ. A. No. 88-B-1985. |
| Citation | 752 F. Supp. 1516 |
| Parties | Maria JACOBS, Bridgette Jacobs, Andrea Jacobs, and Dennis Jacobs, Plaintiffs, v. Marc DUJMOVIC; Valerie Dujmovic; The Board of County Commissioners of the County of Summit, Colorado; Bruce Baumgartner, County Administrator; The Summit County Sheriff's Department; Sheriff Delbert Ewoldt; Deputy Sheriff Randy Strawn; The Breckenridge Police Department; Chief of Police Al Kiburas; Officer Steve Anderson; Secretary Barbara Hanfland; the Honorable Judge Terry Ruckriegle, Summit District Judge; and, all other unknown individuals, jointly and severally, Defendants. |
| Court | U.S. District Court — District of Colorado |
COPYRIGHT MATERIAL OMITTED
Cathy S. Harris, Hall & Evans, Denver, Colo., Jeffrey Huntley, Co. Atty., Breckenridge, Colo., for Board of County Commissioners, Baumgartner, Sheriff's Dept., Ewoldt & Strawn.
Maria J. Jacobs, Brigette A. Jacobs, Andrea L. Jacobs, Salt Lake City, Utah, Dennis J. Jacobs, West Valley City, Utah, plaintiffs pro se.
William Beardsley, Fort Collins, Colo., for Marc Dujmovic.
Fred C. Kuhlwilm, Theodore S. Halaby, Halaby & McCrea, Denver, Colo., for Breckenridge Police, Kiburas, Anderson and Hanfland.
Deena Aronowica, Asst. Atty. Gen., Denver, Colo., for Terry Ruckriegle.
Before me are five motions: (1) motion to dismiss filed by the Honorable Judge Terry Ruckriegle (Judge Ruckriegle); (2) motion to dismiss filed by the Breckenridge Police Department, Chief of Police Al Kiburas, officer Steve Anderson and Secretary Barbara Hanfland (collectively, Breckenridge defendants); (3) verified motion for partial summary judgment filed by the plaintiffs, Maria Jacobs, Bridgette Jacobs, Andrea Jacobs and Dennis Jacobs (collectively, Jacobs); (4) cross-motion for summary judgment filed by the Board of County Commissioners of the County of Summit, Colorado, County Administrator Bruce Baumgartner, the Summit County Sheriff's Department, Sheriff Delbert Ewoldt and Deputy Sheriff Randy Strawn (the Summit defendants); and (5) motion for summary judgment filed by Marc Dujmovic (Dujmovic). The motions are fully briefed and oral argument will not materially assist me in their resolution.
This action arises out of the execution and enforcement of a landlord's lien under Colorado law. Colo.Rev.Stat. § 38-20-102. Jurisdiction rests on 42 U.S.C. § 1983. A summary of the tangled factual background, gleaned from the various pleadings, follows.
The Jacobs rented a house from Dujmovic. After residing in the house for several months, the Jacobs fell behind on their rent payments. On February 27, 1986, Dujmovic served the Jacobs with a demand-for-rent-or-possession notice at Bridgette Jacob's place of employment. Dujmovic also posted a demand on the exterior of the house and asserted a landlord lien on personal property located in the house. See Colo.Rev.Stat. § 38-20-102(3)(a). Dujmovic had earlier entered the house and seized personal property. He left a notice of the lien in the house listing property taken. The Jacobs claim that property not listed on the notice was seized as well. The Jacobs called the Summit County Sheriff's Department which responded. The Jacobs reported the items missing but not listed on the notice to the Sheriff's Department.
Dujmovic then initiated an action for unlawful detainer in Summit County District Court on March 6, 1986. Judge Ruckriegle found that the Jacobs owed Dujmovic $1,500 for rent due and that Dujmovic was entitled to immediate possession of the house. Judge Ruckriegle allowed the Jacobs to remain in the house until April 1, 1986 if they paid Dujmovic $1,200 by March 28, 1986. The Jacobs failed to pay or to vacate the house. On April 2, 1986, Judge Ruckriegle issued a writ of restitution. The writ was executed by officers of the Summit County Sheriff's office. Officer Steve Anderson, from the Breckenridge Police Department, was also present.
At some time, the Jacobs allege, Maria Jacobs was assaulted. She reported the alleged assault to the Breckenridge defendants who compiled a report. The Jacobs allege that the report was released to Dujmovic by the Breckenridge defendants.
The Jacobs counterclaimed in the Summit County District Court unlawful detainer action and moved for partial summary judgment. Judge Ruckriegle denied the motion. On Dujmovic's motion, Judge Ruckriegle ordered the Jacobs to post a cost bond. The Jacobs failed to post the bond, and Judge Ruckriegle dismissed the action with prejudice. The Jacobs never perfected an appeal of any of Judge Ruckriegle's rulings. Instead, the Jacobs bring a new action in this court. I read the complaint liberally where, as here, the plaintiffs are pro se.
1. MOTION TO DISMISS FILED BY JUDGE RUCKRIEGLE
The Jacobs seek relief and damages against Colorado State District Judge Ruckriegle arising out of the performance of his official judicial functions. In sum, the Jacobs complain that Judge Ruckriegle's "final judgment in favor of defendants Dujmovic deprived plaintiffs of fundamental guaranteed rights to be heard and to defend prior to the denial of any property rights." Complaint ¶ 99. The Jacobs conclude that Judge Ruckriegle's "repeated refusals of plaintiffs fundamental rights are not an abuse of discretion, but deliberate actions depriving plaintiffs of equal protection of the laws, equal privileges under the laws and due process of the law." Complaint ¶ 100.
Judges are entitled to absolute immunity from damage claims unless they have acted in clear absence of jurisdiction. Stump v. Sparkman, 435 U.S. 349, 355-56, 98 S.Ct. 1099, 1104-05, 55 L.Ed.2d 331 (1978); Pierson v. Ray, 386 U.S. 547, 553-54, 87 S.Ct. 1213, 1217-18, 18 L.Ed.2d 288 (1967); Van Sickle, 791 F.2d at 1434-35. The Jacobs do not contest that Judge Ruckriegle had jurisdiction to hear the action. Because Judge Ruckriegle was acting in his official capacity when he performed the various acts which plaintiffs allege violated their constitutional rights, he enjoys absolute judicial immunity from this civil suit. Butz v. Economou, 438 U.S. 478, 98 S.Ct. 2894, 57 L.Ed.2d 895 (1978); see Forrester v. White, 484 U.S. 219, 108 S.Ct. 538, 98 L.Ed.2d 555 (1988).
Moreover, the United States District Court has no authority to review final judgments of a state court even where, as here, plaintiffs challenge the constitutionality of the state court's actions. 28 U.S.C. § 1257 (1982); Van Sickle v. Holloway, 791 F.2d 1431, 1436 (10th Cir.1986); see District of Columbia Court of Appeals v. Feldman, 460 U.S. 462, 482, 103 S.Ct. 1303, 1314, 75 L.Ed.2d 206 (1983). The Eleventh Amendment to the United States Constitution is a jurisdictional bar to actions brought in federal court against states, state agencies, and state officials sued in their official capacity. Edelman v. Jordan, 415 U.S. 651, 94 S.Ct. 1347, 39 L.Ed.2d 662 (1974). Consequently, Judge Ruckriegle's motion to dismiss is well-taken.
II. MOTION TO DISMISS FILED BY THE BRECKENRIDGE DEFENDANTS
Two claims involve Chief of Police Al Kiburas (Kiburas), Secretary Barbara Hanfland (Hanfland), Officer Steve Anderson (Anderson), and the Breckenridge Police Department: one claim is captioned "Invasion of Privacy Count IV," and the other is captioned "Unlawful Retention and Disposal of Plaintiffs sic Personal Property." The Breckenridge defendants contend that each fails to state a claim. I agree.
The Jacobs allege that Maria Jacobs reported to the Breckenridge Police that she had been assaulted and that the police generated a report consisting "mainly of scandalous matter showing plaintiff in a false light and personal information of highly objectionable kind." Complaint ¶ 62. According to the complaint, the police released the report to the defendants Marc and Valerie Dujmovic, depriving "Maria Jacobs of her constitutional right to privacy...." Complaint ¶ 67. The Jacobs thus base this section 1983 claim upon defamation.
The Jacobs' pleadings show that Kiburas was allegedly the custodian of records for the police department and Hanfland was the secretary who released the report. The Jacobs claim that Kiburas, Hanfland and the Breckenridge Police Department violated Colorado law by releasing the report to the Dujmovics. Colo.Rev.Stat. § 24-72-204(2)(a)(I).
I need not decide that issue, however, because even assuming Maria Jacobs was defamed by the Breckenridge defendants, that alone does not give rise to a section 1983 claim for invasion of privacy. Paul v. Davis, 424 U.S. 693, 712-14, 96 S.Ct. 1155, 1165-67, 47 L.Ed.2d 405 (1976); see Davis v. Bucher, 853 F.2d 718 (9th Cir.1988); Maloney v. Caffrey, 596 F.Supp. 1164, 1165-66 (D.Conn.1984). To allege a deprivation of a section 1983 liberty interest, the Jacobs would have to allege more than reputational damage. Such damage would also have to be "entangled with some other `tangible interest such as employment.'" McGhee v. Draper, 639 F.2d 639, 643 (10th Cir.1981) (quoting Paul, 424 U.S. at 701, 96 S.Ct. at 1160). Construed liberally, the Jacobs' complaint states no such claim.
Assuming even further that Maria Jacobs had alleged that the disclosure of the report damaged her ability to obtain future employment, she would also have to allege that the information in the report was "false and stigmatizing" and "had the general effect of curtailing her future freedom of choice or action." Wulf v. City of Wichita, 883 F.2d 842, 869 (10th Cir.1989) (quoting Asbill v. Housing Auth., 726 F.2d 1499, 1503 (10th Cir.1984)) (emphasis in original). Allegations of speculative future harm to prospective relationships are not enough. Phelps v. Wichita Eagle-Beacon, 886 F.2d 1262, 1268-69 (10th Cir. 1989). Again, the complaint is deficient.
Additionally, the Jacobs state no basis for a right to privacy arising under federal law. "Rights of substantive due process are not founded upon state provisions but upon deeply rooted notions...
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