Lovelace ex rel. Lovelace v. Gibson

• Decision Date: 13 October 2020
• Docket Number: No. 17-cv-1201,17-cv-1201
• Parties: CURTIS LOVELACE, LOGAN LOVELACE, LINCOLN LOVELACE, and CHRISTINA LOVELACE, on behalf of her minor son, LARSON LOVELACE, Plaintiffs, v. ADAM GIBSON, ROBERT COPLEY, JOHN SUMMERS, DINA DREYER, ANJANETTE BISWELL, UNKNOWN QUINCY POLICE OFFICERS, GARY FARHA, JAMES KELLER, THE CITY OF QUINCY, and THE COUNTY OF ADAMS, Defendants.
• Court: U.S. District Court — Central District of Illinois

CURTIS LOVELACE, LOGAN LOVELACE, LINCOLN LOVELACE,and CHRISTINA LOVELACE, on behalf of her minor son, LARSON LOVELACE, Plaintiffs, v. ADAM GIBSON, ROBERT COPLEY, JOHN SUMMERS, DINA DREYER,ANJANETTE BISWELL, UNKNOWN QUINCY POLICE OFFICERS,GARY FARHA, JAMES KELLER, THE CITY OF QUINCY,and THE COUNTY OF ADAMS, Defendants.

No. 17-cv-1201

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION

October 13, 2020

OPINION

SUE E. MYERSCOUGH, U.S. District Judge.

This cause is before the Court on the Motion for Summary Judgment (d/e 89) filed by Defendants Gary Farha, James Keller, and Adams County ("Adams County Defendants") and the Motion for Summary Judgment (d/e 91) filed by Defendants Adam Gibson, Robert Copley, John Summers, Dina Dreyer, Anjanette Biswell, and the City of Quincy ("Quincy Defendants").

I. INTRODUCTION

This action stems from an investigation into the death of Cory Lovelace, the first wife of Curtis Lovelace, and the prosecution of Curtis Lovelace for the alleged murder of Cory Lovelace. Plaintiffs Curtis Lovelace, Logan Lovelace, and Christine Lovelace, on behalf of her son Larson Lovelace, filed this action against the City of Quincy and Adams County along with several respective agents, including Detective Adam Gibson, Police Chief Robert Copley, Sergeant John Summers, Lieutenant Dina Dreyer, Detective Anjanette Biswell, unknown Quincy police officers, Coroner James Keller, and former Assistant State's Attorney Gary Farha. Coroner James Keller and Chief Copley are sued in their official and individual capacities while the other defendants are sued in their individual capacities.

In the Complaint, Plaintiffs allege eleven separate claims, which are:

(1) Count I - due process violation pursuant to 42 U.S.C. § 1983 brought by Plaintiff Curtis Lovelace against all Defendants;(2) Count II - malicious prosecution pursuant to 42 U.S.C. § 1983 brought by Plaintiff Curtis Lovelace against all Defendants;

(3) Count III - unlawful detention pursuant to 42 U.S.C. § 1983 brought by all Plaintiffs against Quincy Defendants and Unknown Defendant Officers;

(4) Count IV - conspiracy to deprive constitutional rights brought by all Plaintiffs against all individually named Defendants;

(5) Count V - a state law claim for false imprisonment brought by Plaintiffs Logan, Lincoln, and Larson Lovelace against Quincy Defendants and Unknown Defendant Officers;

(6) Count VI - failure to intervene pursuant to 42 U.S.C. § 1983 brought by all Plaintiffs against Quincy Defendants and Adam County Defendants;

(7) Count VII - state law claim for intentional infliction of emotional distress brought by all Plaintiffs against all Defendants;

(8) Count VIII - state law claim for malicious prosecution brought by Plaintiff Curtis Lovelace against all Defendants;

(9) Count IX - state law claim for civil conspiracy brought by all Plaintiffs against all Defendants;

(10) Count X - state law claim for respondeat superior brought by all Plaintiffs against all Defendants; and

(11) Count XI - state law claim for indemnification brought by all Plaintiffs against all Defendants.

Adams County Defendants filed a motion for summary judgment seeking a judgment in their favor on all counts. Quincy Defendants filed a similar motion for summary judgment, seeking a judgment in their favor on all counts besides Counts III and V, the claims for unlawful detention and false imprisonment respectively,which are filed only against Quincy Defendants and Unknown Defendant Officers. Both motions for summary judgment deal with the same issues, and, therefore, the Court addresses the motions together in this opinion.

II. JURISDICTION

This Court has subject matter jurisdiction because Plaintiffs bring claims based on 42 U.S.C. § 1983, a federal law. See 28 U.S.C. § 1331 ("The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States"). The Court has supplemental jurisdiction over Plaintiffs' state law claims pursuant to 28 U.S.C. § 1367. Venue is proper because a substantial part of the events or omissions giving rise to Plaintiffs' claims occurred in this district. 28 U.S.C. § 1391(b)(2).

III. FACTS

Numerous facts were provided by each party. The Court sets forth the pertinent facts that Defendants included in their Material Facts and that Plaintiffs included in their Additional Material Facts, taking into account each party's objections thereto. Any fact submitted by any party that was not supported by a citation toevidence will not be considered by the Court. See CDIL-LR 7.1(D)(2)(b)(2). In addition, if any response to a fact failed to support each allegedly disputed fact with evidentiary documentation, that fact is deemed admitted. Id. For those reasons, Defendants' motions to strike, contained within the reply brief, are denied.

A. Curtis and Cory Lovelace

In January of 1991, Cory and Curtis Lovelace married. Cory and Curtis had had four children together: Lyndsay, Logan, Lincoln, and Larson Lovelace. The oldest, Lyndsay, recalls a lot of fighting between her father and mother. Mr. Lovelace believes that Cory would sometimes yell at the children weekly or more.

Cory Lovelace drank excessively throughout her marriage with Mr. Lovelace. Mr. Lovelace also drank heavily at times. He quit drinking alcohol in 2012. Cory also suffered from bulimia for some time. Both health conditions were confirmed by Cory's mother, Marty Didriksen. Ms. Didriksen also told Detective Jeff Baird that Cory had not seen a doctor in the four years since Larson was born.

Between January 2005 and July 2012, Mr. Lovelace worked for the Adams County State's Attorney's office. Gary Farha workedwith Mr. Lovelace at the Adams County State's Attorney's office. Both Farha and Mr. Lovelace were supervised by Jon Barnard, the Adams County State's Attorney.

Mr. Lovelace was fired from his position in July 2012. On June 20, 2014, Farha was hospitalized and remained in the hospital until August 3, 2014. Farha was elected the Adams County State's Attorney on November 8, 2016.

B. First Investigation

On February 14, 2006, Cory Lovelace was found dead by her husband, Mr. Lovelace, at their home. During an interview by Detective Jeff Baird, Mr. Lovelace said that Cory requested a Tylenol around 3:00 a.m., which he gave to her, and she may have thrown it up. In the morning, Mr. Lovelace stated that he woke up at 6:30 a.m. Cory was still not feeling well. She complained of being tired as she had been up all night. Mr. Lovelace also told another investigator, Officer Doug VanderMaiden, that Cory was suffering from flu-like symptoms over the last few days. Mr. Lovelace decided he would have to stay home to take care of their youngest child so he cancelled a class he taught at Quincy University. Mr. Lovelace said that Cory did get out of bed and went downstairs to help Loganget a pair of pants for school. Mr. Lovelace worked on his computer, printed out a class cancellation sign, then posted the sign on the classroom door. Mr. Lovelace arrived back at the house around 7:40 a.m. Upon his return, he heard Cory yelling from upstairs to their children to get ready for school. At some point, Cory and Mr. Lovelace were downstairs when Cory said that she was not feeling well and that she felt weak. Mr. Lovelace helped Cory walk up the stairs and put her in bed. Mr. Lovelace then helped the children continue getting ready for school. Mr. Lovelace left to take the children to school around 8:15 a.m.

Mr. Lovelace returned home, worked on his computer in the kitchen, then went upstairs to take a shower around 9:00 a.m. He also went upstairs to check on Cory. He saw her eyes were open and thought she was awake. When he called out her name, he noticed both of her arms were up and that her hands were pulled up by her shoulders. He found Cory lying in their bed, unresponsive. He shouted her name a couple of times, shook her again, and then knew something was very wrong. Mr. Lovelace did not attempt CPR because he knew CPR did not work without a defibrillator.

Around 8:30 to 9:00 a.m. that morning, Mr. Lovelace took their youngest son, Larson, to the home of Cory's mother, Marty Didriksen. On his way home, Mr. Lovelace called his boss, Jon Barnard, the State's Attorney of Adams County at the time. Mr. Lovelace said to Mr. Barnard, "Cory is dead." Barnard asked if Mr. Lovelace had called an ambulance, to which Mr. Lovelace said no. Barnard asked if Mr. Lovelace had called 911, to which Mr. Lovelace said no. Barnard said he would call 911.

Medical personnel arrived on the scene and applied an EKG lead. To do so, they had to move her arms. One of the medical personnel, William Ballard, testified that Cory's arms were resting against her chest when they found her. They pulled her arms up to apply the EKG and her arms remained in an upward position. Mr. Ballard also testified that they felt a bit of rigor mortis¹ in her arms. Cory's hand and wrist area were cooler than her torso, which was warm. Mr. Ballard documented the differing temperatures in his written report.

Detective Jeff Baird was assigned to do the initial investigation of Cory's death. Detective Baird walked into the Lovelace home at approximately 9:50 a.m., which was after the medical personnel arrived at the scene. Detective Baird noted that, upon arriving at the scene, Mr. Lovelace looked upset and was acting appropriately distraught given the situation. Mr. Lovelace fully cooperated with Detective Baird's investigation. Detective Baird interviewed Mr. Lovelace around 10:40 a.m. that morning. However, Mr. Lovelace was never formally questioned during the first investigation.

Detective Baird went to the bedroom to inspect the area. Coroner Hamilton and Detective Baird removed the bed coverings, and Coroner Hamilton noted rigor in Cory's legs and arms. Jim Keller, deputy coroner at the time, assisted Coroner Hamilton with the removal of Cory's body.

Detective Baird...