Zamora v. City of Belen

Citation383 F.Supp.2d 1315
Decision Date27 April 2005
Docket NumberNo. CIV. 03-743 JB/RLP.,CIV. 03-743 JB/RLP.
PartiesGilbert ZAMORA, Plaintiff, v. CITY OF BELEN, et al. Defendants.
CourtUnited States District Courts. 10th Circuit. District of New Mexico

Tibo J. Chavez, Belen, NM, for the Plaintiff.

Michael Dickman, Santa Fe, NM, for Defendant Michael Valdez.

MEMORANDUM OPINION AND ORDER

BROWNING, District Judge.

THIS MATTER comes before the Court on Defendant Michael Valdez' Motion for Summary Judgment Based on Absolute Immunity and Qualified Immunity, filed October 19, 2004 (Doc. 79). The Court took the motion under advisement and did not rule at that time. The primary issue is whether Defendant Michael Valdez is entitled to absolute or qualified immunity on Plaintiff Gilbert Zamora's § 1983 claim of malicious prosecution and false arrest. The Court, having reviewed the briefing and the relevant case law, will grant Valdez' motion on the § 1983 claim. The Court will remand all remaining claims — all of which sound in state law — to state court.

FACTUAL BACKGROUND

There is no genuine issue as to any material fact. Zamora's lawsuit stems from his arrest. Defendant Tanya Baldonado1 was the alleged victim of Zamora's alleged rapes and other alleged criminal acts.

In 2000, the District Court of the State of New Mexico, Thirteenth Judicial District Court, summoned and convened a grand jury for Valencia County. See Affidavit of Margaret Claire Harwell ¶ 4, at 1 (executed September 21, 2004)(hereinafter "Harwell Aff."). In connection with the foregoing grand jury proceedings, the state court appointed Assistant Attorney General Margaret Claire Harwell as an Aide to the grand jury. See NMSA 1978 § 31-6-7; Harwell Aff. ¶ 8, at 2; In the Matter of the Valencia County Grand Jury Convened on November 8, 1999 and Thereafter, Oath of M. Claire Harwell, filed December 9, 1999. In connection with the grand jury that the state court convened, the District Attorney for the Thirteenth Judicial District also appointed Harwell as Special Prosecutor. See Harwell New Mexico v. IMO: Special Investigation of The Belen Police Dep't, Appointment of Special Prosecutor, filed December 15, 1999; Harwell Aff. ¶ 5, at 1.

Michael Valdez, a Special Agent of the New Mexico Attorney General's Office, see Second Affidavit of Michael Valdez ¶ 4, at 1 (executed September 21, 2004) (hereinafter "Valdez Second Aff."), investigated Zamora's alleged crimes, see Second Affidavit of Margaret Claire Harwell ¶ 5, at 2 (executed December 17, 2004)(hereinafter "Harwell Second Aff."). Valdez reported to Harwell all pertinent information and documents that he uncovered during the course of his investigation into Zamora's alleged crimes. See Harwell Second Aff. ¶ 5, at 2; Third Affidavit of Michael Valdez ¶ 3, at 1 (executed December 20, 2004) (hereinafter "Valdez Third Aff."). During the course of the grand jury investigation, Harwell issued a target letter of Zamora, notifying him of his status as a target of the grand jury proceedings and of his right to testify at the proceedings. See Letter from Margaret Claire Harwell to Gilbert Zamora at 1 (dated August 14, 2000); Harwell Aff. ¶¶ 6, 7, 10, at 1-2.

At all material times, Harwell was the "prosecuting attorney assisting the Grand Jury" within the meaning of the relevant New Mexico law. See NMSA 1978, §§ 31-6-1 to -15; Harwell Aff. ¶ 9, at 2. As the Special Prosecutor and court-appointed Aide to the grand jury in connection with the grand jury proceedings that resulted in Zamora's indictment, Harwell made the decisions of which witnesses to call before the grand jury, what questions to ask the witnesses, what testimony to elicit from the witnesses, what evidence to present to the grand jury, what evidence was "exculpatory" within the meaning of New Mexico law, and which of the persons identified by Zamora should be called to testify before the grand jury. See Harwell Second Aff. ¶ 3, at 1-2; Letter from Thomas C. Esquibel to Margaret Claire Harwell at 1 (dated August 16, 2000)(Zamora's list of allegedly exculpatory witnesses that Zamora presented to Harwell with "demand" addressed to Harwell)(hereinafter "Esquibel's Letter"). Zamora listed the "exculpatory" witness, Michelle Lovato, whom Zamora accuses Valdez of having "intentionally excluded" from the grand jury, in his letter to Harwell with his "demand" that Harwell present Lovato to the grand jury. See Esquibel's Letter at 1.

Valdez, Zamora and Baldonado were among the witnesses who testified before the grand jury. See Harwell Aff. ¶ 11, at 11; Transcript of Grand Jury Proceedings at 8-26 (dated August 16, 2000)(containing an excerpt of Baldonado's testimony)(hereinafter "Grand Jury Proceedings, August 16, 2000"). Baldonado testified to the grand jury about various specific occasions, at the City Police Department, when her supervisor, Zamora, against her will, restrained her and forcefully inserted his finger into her vagina and attempted to insert his penis into her vagina. See Grand Jury Proceedings, August 16, 2000 at 8:20 — 13:22 (Baldonado). She also testified that, on May 19, 1999, Zamora brought her to his house on the premise of giving her a belated Christmas gift, and, while inside the house, he allegedly inserted his penis into her vagina against her will. See id. at 17:15 — 19:23. She testified that she was afraid of Zamora, that she had attempted to resist his assaults, and that she tried to commit suicide on multiple occasions as a result of the assaults. See id. at 8:1 — 24:17.

On or about August 23, 2000, the grand jury returned an indictment by which it charged Zamora with the commission of twenty-one felonies, including Criminal Sexual Penetration, Kidnapping, and False Imprisonment. See New Mexico v. Zamora, Cause No. D-1314-CR-00-260, Indictment, filed August 23, 2000; Harwell Aff. ¶ 12, at 2; Affidavit of Jolene Altwies ¶ 5, at 1 (executed September 20, 2004)(hereinafter "Altwies Aff."). Valdez contends that the grand jury indictment against Zamora was based upon a majority vote by the grand jury and the grand jury's finding that probable cause existed to accuse Zamora of the twenty-one felonies charged. See NMSA 1978 §§ 31-6-9 to -10; Rule 5-201D NMRA; Harwell Aff. ¶ 13, at 2. Zamora, however, maintains that the grand jury based its indictment on Valdez' investigation, presentation, and testimony, which omitted material exculpatory evidence known to him and facts which demonstrated that the claims were false and that Zamora was innocent. See Affidavit of Larry Gallegos ¶¶ 4-22 (executed December 2, 2004); Internal Affairs Investigation at 6-7, 14-16; Grand Jury Proceedings, August 16, 2000, at 78, 83 (Valdez); Affidavit of Gilbert Zamora ¶¶ 5-24, at 1-4 (executed December 2, 2004)(hereinafter "Zamora Aff.").

Zamora alleges that Valdez failed to present "exculpatory evidence" to the grand jury: (i) parts of the City of Belen Police Department Internal Affairs investigation report that Police Lt. Mike Chavez prepared; (ii) the audiotape recordings Zamora made of conversations between him and Baldonado; (iii) the testimony of a witness, Michelle Lovato; and (iv) and "sexual horseplay" between Zamora and Baldonado. Zamora does not dispute that he knew about the allegedly exculpatory evidence. See Zamora Aff. ¶¶ 18, 19, 22-24.

Zamora contends that, by its return of the indictment, the grand jury initiated the criminal judicial proceedings against him. See New Mexico v. Zamora, Cause No. D-1314-CR-00-260; Harwell Aff. ¶ 14, at 2; Rules 5-201A(3), 5-201D NMRA. Zamora contends that Valdez maliciously initiated the criminal proceedings. Zamora alleges that, during the course of Valdez' investigation of Baldonado's allegations of rape and false imprisonment, he obtained and delivered a target letter to Zamora's employer. See Zamora Aff. ¶ 15, at 3. Zamora contends that Valdez learned of material exculpatory facts that negated probable cause. See id. ¶¶ 5-24, at 1-4; Gallegos Aff. ¶¶ 4-22; Internal Affairs Investigation at 6-7, 14-16; Grand Jury Proceedings, August 16, 2000, at 78, 83 (Valdez).

Based upon the grand jury indictment, the state court issued a bench warrant expressly commanding "any officer authorized to execute this warrant" to arrest Zamora and bring him before the court "forthwith" to answer the charges in the indictment. Bench Warrant at 1; Harwell Aff. ¶ 15, at 2-3; Altwies Aff. ¶ 6, at 1-2; Valdez Second Aff. ¶ 13, at 2. In the warrant, the state court set a $100,000.00 cash bond. See Bench Warrant at 1; Harwell Aff. ¶ 15, at 2-3; Altwies Aff. ¶ 6, at 2-3; Valdez Aff. ¶ 13, at 2.

Valdez contends that the bench warrant constituted a facially valid order, authorizing law enforcement officers to arrest Zamora. See Harwell Aff. ¶ 16, at 1; Altwies Aff. ¶ 7, at 2; Valdez Second Aff. ¶ 14, at 2. Zamora responds that Valdez' intentional omission of substantial direct and material exculpatory evidence tainted the indictment and warrant. See Gallegos Aff. ¶¶ 4-22, at 1-5; Internal Affairs Investigation at 6-7, 14-16; Grand Jury Proceedings, August 16, 2000, at 78, 83 (Valdez); Zamora Aff. ¶¶ 5-24, at 1-4. In addition to her own admissions of sexual horseplay with Zamora shortly after the alleged rape of May 19, 1999, several independent witnesses verified that Baldonado was laughing and having fun chasing Zamora around the police department office. Witness and records clerk, Michelle Lovato, stated in her interview that "she heard Tanya talking to Gilbert on the phone one day telling Gilbert that she could make Gilbert cum in eight (8) seconds if she was on top or something like that.... [She] has heard both Gilbert and Tanya talk to each other like that before." Interview with Michelle Lovato at 15. See Conclusion, Internal Affairs Investigation at 10.

At all material times, the New Mexico Attorney General's Office employed Valdez as a Special Agent. At all material times, Valdez was a duly commissioned law enforcement officer and was...

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