Rhodes v. Smithers
| Decision Date | 15 September 1995 |
| Docket Number | Civil Action No. 2:94-0188. |
| Citation | 939 F. Supp. 1256 |
| Court | U.S. District Court — Southern District of West Virginia |
| Parties | Michael Eugene RHODES and Danita Rhodes, both individuals, Plaintiffs, v. Carl R. SMITHERS, Houston M. Eads, David W. Skeen, and John Does I through X, all individuals, individually and as officers of the West Virginia State Police; Robin K. Welch, an individual, individually and as Prosecuting Attorney of Roane County, West Virginia; and Tony Morgan, an individual, individually and as Special Prosecutor for Roane County, West Virginia, Defendants. |
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Kathy A.W. Arnold, Spencer, WV, for plaintiffs.
Steven P. McGowan, Jeffrey K. Phillips, Travis S. Haley, Charleston, WV, for defendants.
This matter is before the court on the motion and supplemental motion for summary judgment filed by defendants Carl R. Smithers, Houston M. Eads and David W. Skeen on October 4, 1994, and January 23, 1995, and on the motion and supplemental motion for summary judgment filed by defendants Robin K. Welch and Tony Morgan on October 5, 1994, and January 20, 1995.1
The following facts are taken from plaintiffs' second amended complaint. Plaintiff Michael Rhodes was employed by the Sheriff's Department of Roane County, West Virginia, as a correctional officer at the Roane County Jail on January 23, 1993, when two inmates, Troy Fredrick and Michael Drennen, escaped from the jail's recreation room at a time when Michael Rhodes was not on duty. On January 25, 1993, the Sheriff of Roane County requested assistance from the West Virginia Department of Public Safety in investigating the escape and other possible irregularities in procedures at the jail, including the presence of contraband. Defendant Smithers, a West Virginia State Police law enforcement officer, was placed in charge of the investigation, to be assisted by State Police law enforcement officers Eads and Skeen. Defendant Welch, the prosecuting attorney for Roane County, offered advice and assistance in the investigation and participated in the interrogation of witnesses. The investigation concluded in early March 1993.
On March 9, 1993, Smithers, with the advice and cooperation of Welch, prepared a report of the investigation, which consisted in part of materials prepared by others. Smithers forwarded the report to Welch. The report included a confession of a former inmate trustee who admitted that he helped the escapees obtain a key to the jail recreation room door. Nonetheless, the report concluded that Michael Rhodes alone assisted the inmates in their escape. The report also contained confessions from inmates, visitors, trustees, and others, admitting that they had transported contraband into the jail. Michael Rhodes and other jail personnel were implicated in the report on contraband activities.
On or about May 25, 1993, Smithers and Eads, with the advice, consent and assistance of Welch, selected Skeen as the person to testify before the Roane County Grand Jury about the results of the jail investigation. The escape matter was presented to the grand jury by Welch on May 26, 1993, through the testimony of Skeen. Skeen testified that Michael Rhodes was solely responsible for the escape, denied that another person had given the escapees a key, and suppressed all mention of the confession of the former inmate trustee that he had helped the inmates obtain a key. The grand jury returned an indictment against Michael Rhodes and two other individuals on May 26, 1993. Michael Rhodes was indicted for violation of Chapter 61, Article 5, section nine, of the West Virginia Code, a felony charge of assisting a prisoner in an escape.2 The two other individuals were indicted as being principals after the fact for their role in aiding and abetting the concealment of the escapees. No indictments were returned at that time with respect to contraband activities. Michael Rhodes plead not guilty to the escape charge and was released on bond on May 28, 1993.
On August 30, 1993, Welch requested leave to withdraw as prosecutor on the escape indictments on the ground that he had a conflict of interest. The request was granted on September 28, 1993, and defendant Morgan was appointed special prosecutor on the escape charges. Morgan moved to dismiss the indictment against Michael Rhodes on December 3, 1993, on the asserted ground that there was insufficient evidence to support the charge. The motion was granted and the escape charge against Michael Rhodes was dismissed on January 26, 1994. Escape charges against the other two individuals were also dismissed.
After the escape charge was dismissed, Michael Rhodes made it known that he had retained counsel to file suit against certain of the defendants in connection with the escape investigation and prosecution. On January 27, 1994, Michael Rhodes announced publicly that he intended to bring suit alleging that one or more of the defendants had acted to deprive him of his civil rights. This action was then instituted on March 4, 1994.
On December 22, 1993, Morgan was appointed special prosecutor for the purpose of investigating alleged contraband activities at the jail. In January 1994, Eads, at the request of Morgan, renewed the contraband investigation and the possible involvement of Michael Rhodes in those activities. During the renewed investigation, Eads received advice and assistance from Morgan and, at times, from Welch. Both Morgan and Welch participated in the investigation, including the interrogation of witnesses. Michael Rhodes was the target of the investigation. In conducting the renewed investigation, Eads talked to witnesses who had been interviewed during the escape investigation and either confessed to or were implicated with respect to delivery of alcohol and drugs to inmates at the jail. Eads offered immunity to some of the twelve individuals implicated in the contraband activities in exchange for their testimony against Michael Rhodes. On March 10, 1994, Eads, with the advice and cooperation of Morgan, prepared a report of the contraband investigation. Notwithstanding contrary conclusions of Smithers in his earlier report to the effect that other correctional officers were involved, Eads reported that Michael Rhodes was the only jail employee implicated in contraband activities.
The results of the contraband investigation were presented to the Roane County Grand Jury by Morgan on May 25, 1994, through the testimony of Eads. Eads testified that the witnesses he interviewed had implicated Michael Rhodes and that Michael Rhodes was solely responsible for allowing alcohol to be brought into the jail. On May 25, 1994, the grand jury returned an indictment against Michael Rhodes for three felony counts of violation of Chapter 61, Article 5, section 8, of the West Virginia Code, transportation of contraband into a jail.3 No other persons were indicted on contraband charges. On May 26, 1994, Michael Rhodes pleaded not guilty to the contraband charges and was released on bond. After the indictment of Michael Rhodes, Eads, with the advice and assistance of Welch and Morgan, continued his investigation of Michael Rhodes with respect to the contraband charges. The contraband charges were tried before a jury on October 11, 1994, through October 13, 1994. Michael Rhodes was acquitted on all three felony contraband charges.
On the basis of the above summarized allegations, taken from the complaint, plaintiffs allege five causes of action. Count I, brought pursuant to Title 42, United States Code, section 1983, is directed to the conduct of the police officer defendants and prosecutor Welch in the escape investigation and charges against Michael Rhodes. It is alleged that the investigation by the police officers, with the advice and assistance of Welch, was faulty in that it targeted Michael Rhodes and failed to pursue evidence tending to exculpate him; that the escapees and other witnesses were coerced, encouraged and induced to give false and misleading statements incriminating Michael Rhodes; and that the substance of witnesses' statements was suppressed, altered or incorrectly reported for the purpose of incriminating Michael Rhodes. (Compl. ¶ 40.) It is also asserted that the report of Smithers presented the escape investigation results in a false and misleading manner so as to incriminate only Michael Rhodes; that it withheld or suppressed investigation results tending to exculpate Michael Rhodes; that it suppressed, altered or incorrectly reported the substance of witnesses' statements for the purpose of incriminating Michael Rhodes; and that it falsely charged Michael Rhodes with assisting in the escape. (Compl. ¶ 41.) Count I also contends that Skeen, pursuant to the instructions of Smithers, Eads and Welch, falsely testified before the grand jury by denying the existence of a confession from a former inmate trustee that he had assisted the escapees in obtaining a key to the recreation room door. (Compl. ¶ 42.) Smithers and Eads are thus alleged to have failed to adequately train Skeen and properly supervise and control his actions. (Compl. ¶¶ 43-44.)
According to plaintiffs' complaint, the conduct described in Count I deprived Michael Rhodes of his constitutionally protected rights to security of person, to substantive and procedural due process, and to equal protection, for all of which he is entitled to compensatory damages from the police officer defendants and prosecutor Welch in their individual capacities. (Compl. ¶ 45.) Plaintiffs also seek punitive damages on the Count I claim and prospective relief designed to guard against the threat of future violations of Michael Rhodes' civil rights. (Compl. ¶¶ 47-48.)
In responding to the defendants' supplemental motions for summary judgment, plaintiffs state that their Count I section 1983 ...
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