Williams v. Fedor
| Decision Date | 04 August 1999 |
| Docket Number | No. 3:97-CV-0033.,3:97-CV-0033. |
| Citation | 69 F.Supp.2d 649 |
| Parties | Heath A. WILLIAMS, Plaintiff, v. Larry C. FEDOR, Philip Checchia, James Sartori, Kevin Kelly, Borough of Stroudsburg, and County of Monroe. |
| Court | U.S. District Court — Middle District of Pennsylvania |
James A. Swetz, Stroudsburg, PA, for plaintiff.
Calvin R. Koons, Fedor, Checchia & Sartori, Harrisburg, PA, Sean P. McDonough, Kelly & Borough, Scranton, PA, Gerald J. Geiger, County of Monroe, Stroudsburg, PA, for defendants.
On January 8, 1997, plaintiff Heath Williams filed the instant action against Pennsylvania State Police Officers Larry Fedor and James Sartori, Philip Checchia (an investigator for the State's Attorney General's Office), Kevin Kelly (the Police Chief for the Borough of Stroudsburg), the Borough of Stroudsburg and Monroe County. (Dkt. Entry 1 at 1-2.) Williams' suit is premised upon defendants' decision to prosecute him for perjury and other charges based upon the alleged inconsistency between his statements in an "off-the-record" interview in 1991 and his grand jury testimony in 1995, even though he had been promised that he would not be prosecuted for anything he said during the 1991 interview. Williams has asserted claims under 42 U.S.C. § 1983 and Pennsylvania common law for malicious prosecution, false arrest and abuse of process. He also asserts that the prosecution violated his Fifth Amendment privilege against self-incrimination and his First Amendment right to seek redress for alleged wrongs purportedly committed by state and local officials.
Pending before the court are motions for summary judgment filed on behalf of Monroe County (Dkt. Entry 35), Kelly and the Borough of Stroudsburg (collectively referred to as the "Borough Defendants") (Dkt. Entry 39), and Checchia, Fedor and Sartori (collectively referred to as the ) (Dkt. Entry 43). With respect to Monroe County, Williams has failed to present sufficient evidence to support a conclusion that the prosecutorial decisions of District Attorney James Gregor should be attributed to the County; nor has he presented evidence sufficient to support a reasonable inference that his rights were violated as a result of a failure to train or supervise attributable to the County. As to the Borough Defendants, Williams has failed to show that Chief Kelly had any culpable involvement in his prosecution. Finally, the State Defendants are entitled to qualified immunity on Williams' malicious prosecution and Fifth Amendment claims, and Williams has not presented sufficient evidence to warrant a trial on his remaining claims. Accordingly, judgment will be entered in favor of all the defendants.
From plaintiff's perspective, this case is part of the John Pansy saga. In the late 1980's and early 1990's, Pansy had been Chief of the Borough of Stroudsburg (the Borough) Police Department. In 1991, he was prosecuted by the Pennsylvania Attorney General's Office for alleged improper handling of parking meter money. Pansy was acquitted of these charges and brought an action against members of the Attorney General's Office. This litigation ended with summary judgment being entered in favor of the defendants, a result affirmed by the Third Circuit. Pansy v. Preate, 870 F.Supp. 612 (M.D.Pa.1994), aff'd mem., 61 F.3d 896 (3d Cir.1995). (Aff. of James A. Swetz, Esq., Exhibits 1 and 2.)
Pansy had also brought an action against the Borough. As part of the settlement of this lawsuit, Pansy was employed by the Borough as a Detective/Lieutenant. In this capacity, Pansy was subordinate to defendant Kevin Kelly, who was appointed Chief of the Borough Police Department in 1992.
Pansy's relationship with Kelly was not always harmonious. In the fall of 1994, Kelly participated in a meeting with Fedor and Sartori, who were Pennsylvania State Police Officers, Checchia, an investigator for the Attorney General's Office, Monroe County Assistant District Attorney Andrew Worthington and Monroe County District Attorney James Gregor. During this meeting there was a discussion of potential criminal acts by Pansy and Kenneth Nevil, also a Borough Police officer. Checchia and Sartori indicated that Williams could implicate Nevil in criminal conduct, and Nevil in turn could implicate Pansy. (Checchia Dep. at 33-34; Sartori Dep. at 29-32.)
The belief that Williams would implicate Nevil was based upon statements purportedly made by Williams in 1991 when he was interviewed by state officials. Williams had been hired by the Borough Police Department in April or May of 1990. (Monroe Cty's Stmt. of Facts, at ¶ 2.)1 Between 1989 and 1991, the Pennsylvania State Police, in coordination with the Pennsylvania Attorney General's Office, investigated the Stroudsburg Police Department. (Monroe Cty's Stmt. of Facts (Dkt. Entry 37) at ¶ 22; Williams' Answer to Monroe County's Stmt. of Material Facts (Dkt. Entry 53) at ¶ 22.) Williams was interviewed on March 27, 1991 and April 2, 1991 by the State Police in the presence of his attorney, William Watkins, and defendant Checchia of the Office of the Attorney General. (Monroe Cty's Stmt. of Facts at ¶ 23; Williams Response to Monroe Cty's Stmt. of Facts at ¶ 23.)2 "The purpose of the meetings was to show Williams arrest warrant affidavits that had been prepared and filed by Detective Kenneth Nevil in criminal cases that he had prosecuted and to question Williams as to whether the affidavits contained false statements made by Nevil." (Monroe Cty's Stmt. of Facts at ¶ 24.)3 Williams answered the investigators' questions after receiving a written promise from Chief Deputy Attorney General John J. Burfete, Jr. that "no statements made by or other information provided by [Williams] will be used against [him] in any criminal case." (Ex. "D" to Monroe Cty's Stmt. of Facts.) The interview of Williams was described as an "off-the-record proffer." (Id.) During the course of the interview, Williams purportedly provided information that implicated Nevil in making false statements in arrest warrant affidavits. (Ex. "B" and "C" to Monroe Cty's Stmt. of Facts.) The interview was not recorded auraly or stenographically, and the only record of it are "General Investigation Reports" prepared by State Trooper Kresge. (Id.) Significantly, Williams was not asked to verify the contents of Trooper Kresge's reports in 1991.4
In 1995, District Attorney Gregor convened an investigative grand jury. (Monroe Cty. Stmt. of Facts, ¶ 32.)5 The purpose of the grand jury was to investigate the Stroudsburg Police department and, in particular, Officers Nevil and Pansy. (Gregor Dep. at 20.)6 Gregor called Williams to testify before the grand jury because he was told by Checchia and Sartori that Williams could provide testimony against Nevil and Pansy. (Monroe Cty. Stmt of Facts, ¶ 36.)7
Before Williams testified, Gregor and Watkins (Williams' lawyer) met in chambers with Monroe County President Judge Ronald E. Vican. During that meeting, President Judge Vican was informed of the 1991 letter from Chief Deputy Attorney General Burfete. The purpose of the meeting was not to obtain a judicial grant of immunity from prosecution under 42 Pa.C.S. § 5947. (Gregor Dep. at 27-29.) Instead, the purpose of the meeting was to have D.A. Gregor confirm that he was bound by Burfete's letter agreement. (Gregor Dep. at 29.) By letter dated April 5, 1995 from Gregor to Williams' lawyer Gregor confirmed that the District Attorney's Office would be bound by Burfete's promise.
Williams testified before the grand jury on two occasions: March 15, 1995 and April 5, 1995. (Monroe Cty. Stmt. of Facts, ¶ 46.) On March 15, 1995, Williams testified to the grand jury that he could not recall the specifics of his interviews with Checchia and Kresge in 1991. (Williams Grand Jury Testimony at 50-51, Monroe Cty's Stmt. of Facts, Exhibit "G.") Gregor called Williams as a witness before the grand jury for the second time on April 5, 1995, for the purposes of determining whether he could refresh Williams' recollection regarding what he had previously told the state police. (Monroe Cty's Stmt. of Facts, ¶ 57.) Williams continued to claim that he could not recall his earlier statements. He also insisted that Kresge's report was inaccurate. (Monroe Cty's Stmt. of Facts, ¶ 58; Williams Response to Monroe Cty's Stmt. of Facts, ¶ 58.) Gregor continued to question Williams regarding the 1991 meetings, but Williams continued to deny any recollection of accusing Nevil of making false statements in criminal affidavits. (Monroe Cty's Stmt. of Facts, ¶ 59.)8
Gregor and his staff, with the assistance of Troopers Kresge and Fedor, prepared a presentment that was handed down by the grand jury. (Id. at ¶ 64.) The presentment recommended that the District Attorney prosecute Williams for false swearing, in violation of 18 Pa.C.S.A. § 4903, false reports, in violation of 18 Pa.C.S.A. § 4906, perjury, in violation of 18 Pa.C.S.A. § 4902, and obstruction of justice, in violation of 18 Pa.C.S.A. § 5101.9 The presentment essentially accused Williams of lying during his 1991 interview and/or lying during his 1995 grand jury testimony.
On the basis of the presentment, a Criminal Complaint and Probable Cause Affidavit was signed by defendants Fedor and Checchia on August 30, 1995.10 (Checchia et al. Stmt. of Fact, ¶ 24.) District Attorney Gregor approved the Criminal Complaint and Probable Cause Affidavit. (Id.) The Criminal Complaint and Probable Cause Affidavit incorporated by reference the grand jury presentment against Williams. The criminal complaint contained 36 counts, all of which derived in some manner from the 1991 interview and Williams' grand jury testimony. Neither the criminal complaint nor the probable cause affidavits mentioned Deputy Attorney General Burfete's 1991 letter pursuant to which Williams made the "off the record proffer."
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