Steiger v. Han
| Decision Date | 22 April 2016 |
| Docket Number | Case No. 15-cv-12627 |
| Parties | RICHARD KEVIN STEIGER, Plaintiff, v. ROBERT HAN, MICHAEL A. CALDWELL, PATRICK BOYD, DELMAR PUTNAM, KEN MILLS, JR., BRADLEY SZATKOWSKI, ALAN BURKE, JOSEPH BREWBAKER and ROBERT T. PASCHKE, in their individual and official capacities, Defendants. |
| Court | U.S. District Court — Eastern District of Michigan |
Honorable Thomas L. Ludington
This case is on its second circuit through this Court. Plaintiff Richard Kevin Steiger filed an action against many of the same defendants on October 24, 2014. See Steiger v. Hahn (Steiger I), Case No. 14-14110. The complaint in Steiger I alleged four constitutional violations under 42 U.S.C. § 1983: illegal seizure in violation of the Fourth Amendment, malicious prosecution in violation of the Fourth Amendment, retaliation in violation of the First Amendment, and denial of due process in violation of the Fourteenth Amendment. The complaint also alleged that the named defendants committed the tort of gross negligence.
Steiger I was voluntarily dismissed without prejudice on May 6, 2015. Steiger refiled his case on July 27, 2015 bringing all five of the same claims and naming all of the same defendants from Steiger I. Steiger has also added two new Defendants: Robert Paschke, Sheriff of the Presque Isle County Sheriff's Department, and Robert Brewbaker, Undersheriff of the Department.
Defendants Paschke and Brewbaker have moved for judgment on the pleadings. They assert that all of Steiger's claims against them are barred by the applicable statutes of limitations. Defendant Bradley Szatkowski, a deputy in the Department, joins partially in the motion and argues that Steiger's gross negligence claim against him is barred by the applicable statute of limitations.
Plaintiff Richard Steiger is a resident of Rogers City in Presque Isle County. Since October of 2006, Steiger has been the Prosecuting Attorney for Presque Isle County. Steiger married his now ex-wife in 1994. The two separated in 2005, ending in divorce in 2006.
Defendants Paschke, Brewbaker, and Szatkowski ("moving Defendants") were all members of the Presque Isle County Sheriff's Department at the time of the events in question. Defendant Paschke was the sheriff, Defendant Brewbaker was the undersheriff, and Defendant Szatkowski was a deputy.
In 1993, Steiger had a surgical procedure performed on his nose. The surgery was mishandled. As a result, Steiger "live[s] a life of continuous pain and discomfort . . . [and] ha[s] a significant history of sinusitis and migraine headaches." Pl.'s Compl. ¶ 25, ECF No. 1.
On September 11, 2011, Steiger underwent surgery to treat "a substantial gluteal abscess (boil on his buttocks)." Id. at ¶ 27. The treatment required follow-up appointments over the next two days. The surgical procedure to remove the abscess caused Steiger significant pain, so his physician prescribed him pain relievers to manage the discomfort.
The same day as Steiger's abscess procedure, he contacted his ex-wife and asked her to pick up their children from school. Steiger's ex-wife brought their children to Steiger's home to retrieve their belongings. While at Steiger's home she searched his home for pain medications. Steiger's ex-wife was aware of his sinus issues and chronic migraine headaches. While at Steiger's house, his ex-wife "located two pain medication prescriptions . . . [and] stole pain medication from a sheet located in Plaintiff's linen closet." Id. at ¶ 31.
After her search, Steiger's ex-wife contacted a Michigan State Police ("MSP") trooper with which she was acquainted, Defendant Alan Burke. Defendant Burke put Steiger's ex-wife in contact with another MSP trooper, Defendant Robert Hahn. Defendant Hahn was also the commander of the Huron Undercover Narcotics Team ("HUNT").
Steiger's ex-wife met with Defendant Hahn in a cemetery on September 13, 2011. She provided him the prescription medication and told him that she had stolen the medication from Steiger's house. Defendant Hahn asked to keep the medication. He did not fill out a report of the incident, but did initiate a criminal investigation into Steiger.
Ten days later, Steiger's ex-wife and Defendant Han met again in the cemetery. During that meeting "Defendant Hahn filled out a confidential informant card that he promised [Steiger's ex-wife] 'would not see the light of day.'" Id. at ¶ 35. Defendant Hahn further told Steiger's ex-wife to deny any involvement in the investigation if confronted by Steiger. Defendant Hahn assured her that Steiger "would never learn of her involvement 'in a million years.'" Id. at ¶ 37. Defendant Hahn went on to share with Steiger's ex-wife information aboutmedication Steiger had been prescribed and that was contained in the Michigan Automated Prescription System.1
Shortly thereafter, Defendant Ken Mills, Jr., an MSP officer, also became involved in the investigation into Steiger. On October 24, 2011, assistant Attorney General Richard Cunningham provided Defendant Mills with a report drafted by a doctor that Cunningham had contacted. Cunningham provided the doctor with Steiger's MAPS information. Based on that information, the doctor drafted a report concluding that Steiger "had engaged in 'Doctor Shopping', and possibly was . . . working with [one of his doctors] to obtain and distribute pain medication." Id. at ¶ 41.
In reliance on the report he received from the assistant attorney general, Defendant Mills drafted affidavits for search warrants "for all pharmacy records and select physicians who treated Plaintiff's medical ailment." Id. at ¶ 42. The search warrants were signed by a state district judge on October 24, 2011. Defendant Hahn and Defendant Delmar Putnam, also an MSP officer and the commander of the HUNT team, executed the some of the search warrants the next day. Also the next day, Defendant Mills interviewed Steiger and informed him "that law enforcement had received an anonymous tip regarding Plaintiff's 'Doctor Shopping" and misuse of prescription medication." Id. at ¶ 46. Steiger informed Defendant Mills of his medical issues and need for pain medication. He also told Defendant Mills that he kept all of his physicians informed of the pain medication that he is prescribed and that he uses.
During the time that Steiger was being investigated, he had a number of interactions with the law enforcement Defendants concerning certain practices of the Presque Isle County Sheriff's Department and the local Michigan State Police unit.
At some point prior to September 2011, Steiger "became aware of the serious issue of drug smuggling and drug use in the Presque Isle County Jail by inmates, as well as the smuggling of contraband into the jail." Id. at ¶ 19. Steiger "had a detailed conversation with Defendant Brewbaker" in September 2011. Id. at ¶ 20. He informed Defendant Brewbaker that the "drug and contraband problem in the Presque Isle Jail had to be dealt with immediately, because this was the responsibility of the Presque Isle Sheriff's Department." Id. Steiger later "warned Defendants Brewbaker and Paschke . . . that if they did not immediately address and rectify the drug and contraband problem in the Presque Isle Jail, he would transfer the investigation over to the Michigan State Police." Id. at ¶ 22.
Defendants Paschke and Brewbaker did not take action on the drug and contraband problem, leading to Steiger referring the matter to the Michigan State Police. After the matter was transferred, "Defendant Brewbaker contacted Defendant Hahn regarding the investigation of the drug and contraband issue at the jail, and the matter was covered up, with no action being taken whatsoever." Id. at ¶ 24.
On December 3, 2011, Steiger learned that Defendant Michael Caldwell, an MSP officer and commander, "was promoted to Inspector for the Seventh District of the Michigan State Police." Id. at ¶ 49. That day, Steiger contacted an FBI agent and "filed a formal complaint against Defendant Caldwell for closing an ongoing criminal investigation." Id. The criminalinvestigation that Defendant Caldwell closed was against Caldwell's "son Ryan for purportedly committing a home invasion and criminal sexual conduct 3rd degree." Id.
On December 8, 2011, acting in his professional capacity, Steiger held a meeting with Defendant Hahn. Defendant Putnam also attended the meeting, a surprise to Steiger. During the meeting Steiger informed Defendant Hahn that a method of interrogation used by Hahn was unlawful. He further told Defendants Hahn and Putnam that confessions resulting from such a method would not be voluntary. This precipitated a disagreement between Steiger and Defendant Hahn.
Also during the meeting, Steiger "clearly expressed his opinion that the HUNT officers were not lawfully doing their jobs." Id. at ¶ 52. Specifically, Steiger levelled the following accusations about HUNT officers: "they were not providing full disclosure of evidence; there was a long history of HUNT officers being deceptive; that HUNT discontinued presenting search warrants for Prosecutor review after Defendant Szatkowski offered false information to obtain a search warrant and Plaintiff reported this information to his superiors[.]" Id. Finally, Steiger raised his "ongoing concerns regarding HUNT's dishonest and unlawful police practices in the community." Id.
On December 27, 2011, two Assistant Attorneys General contacted Steiger and informed him "that he was going to be arrested for Fraudulently Obtaining a Prescription from a Health Care Provider contrary to MCL 333.7403A." Id. at ¶ 64. About one week later an Assistant Attorney General contacted Steiger's attorney and presented a plea offer. The Assistant Attorney General "threatened that if Plaintiff refused to accept his plea...
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