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Defendants.
DEFENDANTS BRIEF IN SUPPORT OF THEIR MOTION TO DISMISS
Defendants Thomas McEnroe (McEnroe) and Joseph Hadley (Hadley)
(collectively Officers) submit their brief in support of their motion to dismiss
pursuant to Fed. R. Civ. P. 12 (b) (3) and (b) (6). Plaintiffs claims should be
dismissed as, the Officers are entitled to qualified immunity, the Complaint fails to
state a claim against the Officers, and because venue is improper in this Court.1
FACTUAL BACKGROUND
This is a civil rights case in which Plaintiff sued the Officers individually,
arising from the investigation of the murder of Denise Ramsey, who disappeared
The Officers attach affidavits should the Court determine further evidence would
aid the Court. Hadleys affidavit is attached as Exhibit A, McEnroes at Exhibit B.
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on December 2, 2011, after working at the Doll House in New Jersey. (See
Complaint). Plaintiff alleges false imprisonment, malicious prosecution and
violation of the Fourth and Fourteenth Amendments of the U.S. Constitution.
McEnroe (not Hadley) was assigned to investigate the murder. His
investigation included interviewing many witnesses, such as Erica Hamilton,
Jasmine Jones and Gary Capone, who worked with Ms. Ramsey the night she
disappeared. (Complaint, 12, 18, 19). These witnesses reported seeing two
suspicious men engage in a dispute with Ms. Ramsey the night she disappeared;
that they gave her three $100 bills and asked her to bring them 300 $1 bills, but
instead she returned with 100 $1 bills. (Id. at 20-21). They reported that the men
threatened to kill Ms. Ramsey and others if their money was not returned. (Id.).
They reported that one of the men bragged about beating a murder rap in Atlanta
and entered the dj booth to announce that. (Id. at 20-22, 25).
Ms. Hamilton and Ms. Jones identified Plaintiff and Johnnie Jones (J.
Jones) as the two suspicious men seen with Ms. Ramsey that night, and Ms.
Hamilton reported seeing Ms. Ramsey get into a vehicle with both men after her
shift ended the night she disappeared. (Id. at 23- 24, 27). Ms. Jones identified
Plaintiff from a photo line-up presented by Hadley, as New Jersey Attorney
General guidelines mandate that photo line-ups be presented by an officer with no
knowledge of the investigation. (Hadley Aff., 6). Capone also identified Plaintiff
as the man he saw with Ms. Ramsey before she disappeared. (Complaint, 27).
The Officers went to Atlanta in September 2012, to gather DNA samples
from Plaintiff and J. Jones. (Id. at 35-37).2 Hadley went only to help navigate
the area as he is from Georgia, and to provide help if needed since McEnroe was
approaching an individual possibly involved in a homicide. (Hadley Aff., 7).
After that trip, the Officers never saw, spoke with, or otherwise communicated
with Plaintiff. (Hadley Aff., 14, 17; McEnroe Aff. 19, 21).
Jones DNA
matched DNA found on a sweatshirt wrapped around Ms. Ramseys body and
under her fingernails. (Complaint, 53).
McEnroe executed an Affidavit in Support of Arrest Warrant (Arrest
Affidavit) on October 22, 2012 for Plaintiff for conspiracy to commit murder, and
for J. Jones, whose DNA was found on Ms. Ramseys body, for the murder of Ms.
Ramsey. (Complaint, 53,55; Arrest Aff., 21). Hadley was not told that
McEnroe was going to seek an arrest warrant; he was not involved in preparing the
Plaintiff said nothing about his mother, wife or employer verifying his
whereabouts. He stated he had never been to New Jersey, did not know where it
was, and did not want to discuss the investigation. (McEnroe Aff., 13; Hadley
Aff., 8).
3
Since Hadley was in Atlanta, he accompanied McEnroe to meet with Anna
Brown, who was in a photo found on Ms. Ramseys body. (Hadley Aff., 12).
This was the only interview Hadley participated in prior to Plaintiffs arrest, and
the Complaint does not suggest otherwise. (Id.).
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Arrest Affidavit; he did not see it before it was submitted to the court; and he did
not testify before any judge or magistrate. (Hadley Aff., 11). The next day, the
Officers went to Atlanta in connection with the warrants. (Complaint, 75).
They did not speak with Plaintiff as he turned himself over to local officers after
the Officers left to return to New Jersey. (Id. at 77; Hadley Aff., 14-15, 17).
On November 28, 2012, Plaintiff was extradited to New Jersey. (Complaint,
83). Plaintiff does not allege that Hadley was on the plane with Plaintiff. (Id.).
But neither was McEnroe, and in fact the Officers have never taken custody of
Plaintiff. (McEnroe Aff., 22; Hadley Aff., 18).
Prior to April 2013, no one told the Officers that Plaintiff was repeatedly
declaring his innocence, or that he had evidence as to his whereabouts the night
Ms. Ramsey disappeared. (Hadley Aff., 17; McEnroe Aff., 25). Then, in April
2013, the Officers met with the Essex County Prosecutor to review documents
concerning Plaintiffs whereabouts the night Ms. Ramsey disappeared.
(Complaint, 99; Hadley Aff., 19).
previously. (Hadley Aff., 20; McEnroe Aff., 25). On April 20, 2013, after the
Officers verified the accuracy of the documents, Plaintiff was released from the
Essex County Jail. (Complaint, 103).
ARGUMENT AND CITATION OF AUTHORITY
I.
convincing
evidence,
but
only
reasonably
trustworthy
information. Case v. Eslinger, 555 F.3d 1317, 1327 (11th Cir. 2009) (officer
entitled to rely on allegations of an informant and corroborating evidence as
probable cause).
The protection applies regardless of whether the government officials error
is a mistake of law, a mistake of fact, or a mistake based on mixed questions of law
and fact. Pearson v. Callahan, 555 U.S. 223, 231 (2009) (internal quotations
omitted). In fact, qualified immunity applies where the officer reasonably but
mistakenly concludes that probable causes exists. Brown v. City of Huntsville,
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Ala., 608 F.3d 724, 734-35 (11th Cir. 2010). As long as the arresting officer had
arguable probable cause to arrest for any offense, qualified immunity will apply.
Id. at 735. See also Malley v. Briggs, 475 U.S. 335, 343 (1986) (law enforcement
officers have ample room for mistaken judgments before liability is imposed).
a. McEnroe is entitled to qualified immunity.
The Complaint distorts the facts to create the specter of impropriety by the
Officers, but read carefully, one can discern that McEnroe conducted a proper
investigation which led him to reasonably believe that Plaintiff was involved in
Ms. Ramseys murder. For example, McEnroe interviewed Ms. Hamilton, Ms.
Jones, and Mr. Capone, who worked with Ms. Ramsey the night she disappeared
and reported seeing two suspicious men engage in a monetary dispute with Ms.
Ramsey; that the men gave her 3 one-hundred dollar bills and asked her to bring
them 300 one-dollar bills in return, but instead she returned with change for only
$100; that the men then became enraged and threatened to kill Ms. Ramsey; and
that one of the men entered the dj booth to announce that he had just beaten a
murder rap in Atlanta. (Complaint, 19-22, 25).
McEnroe arranged for a photo line-up, during which Ms. Jones identified
Plaintiff as one of the two suspicious men she saw that night. (Complaint, 27).
Another witness, Mr. Capone, also identified Plaintiff as one of the men arguing
with Ms. Ramsey and threatening to kill people. (Id.). Ms. Hamilton and Jones
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identified J. Jones as the other man seen with Plaintiff, and Ms. Hamilton reported
seeing Ms. Ramsey get into a vehicle with Plaintiff and J. Jones the night she
disappeared. (Complaint, 23, 24). Phone records also placed J. Jones near the
Doll House and the area where Ms. Ramseys body was found. (Id. at 23, 29).
This further establishes probable cause that Plaintiff was involved in Ms. Ramseys
murder.
Sept. 17, 2013) (identification of the plaintiff from two witnesses, video that the
defendant resembled the shooter, and an account of a recent altercation between
the victim and the plaintiff sufficient so that the detectives were not required to
investigate further before seeking an application for an arrest warrant).
McEnroe also obtained DNA samples from Plaintiff and J.Jones which
confirmed that J. Jones was a contributor of DNA found on Ms. Ramseys body.
(Complaint, 53).4 That Plaintiffs DNA was not found at the crime scene is
irrelevant given witness reports that he and J. Jones were seen with Ms. Ramsey
the night of her disappearance, this providing ample probable cause that Plaintiff
was involved in Ms. Ramseys murder, along with J. Jones.
While there, Plaintiff said he could not speak to the Officers as his mother was
not home and he did not have the key to the security door. (McEnroe Aff., 13).
His mother then came by and unlocked the door. (Id.). Plaintiff made no reference
to working at the time of Ms. Ramseys disappearance, nor did he indicate that
anyone had any evidence regarding his whereabouts that night. (Id.). He said he
had never been to New Jersey and did not know where it was. (Id.).
9
The Complaint fails to identify the crime for which Plaintiff was arrested,
and to attach the Arrest Affidavit, though Plaintiff relies on it as the basis for his
claims and recites from it. (See Complaint, 12-27, 29, 32, 52-53, 56-63, 70, 73).
The warrant sought as to Plaintiff was for the crime of conspiracy to commit
murder only. (Arrest Aff., 21).5 In contrast, as J. Jones DNA was found on Ms.
Ramsey, the arrest warrant for him was for the murder of Ms. Ramsey.
Plaintiff alleges that the Arrest Affidavit materially misrepresented the
evidence against Plaintiff, failed to identify the sources of information, failed to
provide information as to how Plaintiff was identified, and omitted material
information about the investigation, including the absence of physical evidence
(specifically DNA) of Plaintiffs involvement in a crime. (Complaint, 56). The
Arrest Affidavit shows these claims are untrue as it sets forth ample evidence of
arguable probable cause that Plaintiff was involved in Ms. Ramseys murder.
Plaintiffs claim that during the DNA swab, he stated that his mother, wife
and employer could verify that he was not in New Jersey does not vitiate qualified
immunity. First, no such statements were made. Second, even if they were, that a
suspect denies being at the scene of the crime does not suggest lack of probable
cause. If it did, then warrants would never be issued but for the rare occasions
when suspects admit to committing a crime.
The Arrest Affidavit also does not suggest that there was physical evidence
of [Plaintiffs] involvement in any criminal act or that Plaintiffs DNA was found
at the scene, as Plaintiff alleges. Rather, it identifies only J. Jones as a contributor
of DNA found on Ms. Ramseys body. (Id. at 20). The Arrest Affidavit, and the
allegations in the Complaint, each establish arguable probable cause to arrest
Plaintiff for conspiracy to commit murder.
b. Hadley should be dismissed as he was not involved in the
investigation and is entitled to qualified immunity.
The Complaint against Hadley is woefully deficient and fails to state a claim
against him. Indeed, all of the allegations surrounding the investigation leading up
to Plaintiffs arrest, including executing the Arrest Affidavit, are directed to
McEnroe. (See e.g. Complaint, 19-22; 25, 27, 31, 34, 52, 55- 63, 67, 70, 83-91).
Hadley was not assigned to, actively involved in, or responsible for
conducting the investigation. (Complaint, 12 and generally, Hadley Aff., 5, 6).
Moreover, the Complaint is devoid of allegations that Hadley knew that McEnroe
intended to execute the Arrest Affidavit, was involved in its preparation, saw it
before it was submitted to the court or gave any testimony. In fact, Hadley had no
11
A 1983 claim of false imprisonment also requires a showing of facts setting out
a prima facie claim for false imprisonment under state law. For the reasons set
forth in section IV(a), Plaintiffs Complaint fails to do so, and for this reason
Defendants motion should be granted.
12
Here, the
Complaint fails to show that the Officers acted with deliberate indifference with
respect to Plaintiffs due process rights or that he had a clearly established right
violated under the Fourteenth Amendment.
a. The Officers had no post-arrest contact with Plaintiff, or information
to reasonably believe that any further investigation was necessary
until April 2013.
As set forth above, the Officers neither saw nor spoke with Plaintiff during
their October trip to Atlanta, and they had no information to suggest any further
investigation as to Plaintiffs involvement in the murder of Ms. Ramsey was
necessary until April 2013. But for the September trip where Plaintiff claims he
said he had never been to New Jersey, the Officers had not spoken with anyone
who told them that Plaintiff was repeatedly declaring his innocence or had
evidence to corroborate his whereabouts the night of the murder. (Hadley Aff.,
20; McEnroe Aff., 25).7 The Complaint fails to allege that Plaintiff was in the
custody of the Officers while held in Atlanta.
Plaintiff claims that McEnroe (not Hadley) took custody of Plaintiff and
extradited him to New Jersey in November 2012. (Complaint, 83). This is untrue
as McEnroe did not return to Atlanta after October 2012 and was not on the plane
with Plaintiff. (McEnroe Aff., 22). All of the allegations against McEnroe
regarding the activities that took place on the plane are false as the Officers never
took custody of Plaintiff. (McEnroe Aff., 22; Hadley Aff., 18).
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some type of printout from his employer when he turned himself in to local
officers, as he alleges, it is irrelevant as neither Hadley nor McEnroe knew about it.
Similarly, if Plaintiff protested his innocence while in custody in New Jersey, it
is insufficient to establish a Fourteenth Amendment violation as the Officers were
unaware of these statements. (Hadley Aff., 20; McEnroe Aff., 25). 8 As such,
there is no evidence of deliberate indifference or the existence of information
which would lead the Officers, or any other reasonable officer, to believe that
further investigation as to Plaintiffs involvement with the murder was necessary.
Even if Plaintiff denied involvement with the murder or claimed his relatives could
vouch for him (as is common by criminal suspects), that alone does not rise to the
level of deliberate indifference. Due process does not require that every
conceivable step be taken, at whatever cost, to eliminate the possibility of
convicting an innocent person. Baker v. McCollan, 443 U.S. 137, 145 (1979).
In April 2013, McEnroe was asked to meet with the Assistant Prosecutor to
review records as to Plaintiffs whereabouts the night of the murder. (McEnroe
Aff., 24). After they saw the records, they returned to Atlanta to verify their
reliability and found them to be accurate. (Id. at 26). Prior to this time, the
Officers had no reason to believe that further investigation as to Plaintiffs
Plaintiffs Complaint does not allege that Hadley participated in any of these
alleged communications.
8
14
Plaintiff was
released from jail on April 20, 2013. (Complaint, 103). The Officers were not
present when he was released. (McEnroe Aff., 28; Hadley Aff., 23).
IV.
dismissed the false arrest and malicious prosecution claims of a plaintiff who was
15
arrested pursuant to an arrest warrant, failed to show a lack of probable cause for
his arrest and actual malice on the part of the arresting officer. Id. The Franklin
case shows precisely why Plaintiffs false imprisonment and malicious prosecution
claims should suffer the same fate.
a. The false imprisonment claim fails as a matter of law.
In Franklin, the victim was robbed while walking into a bank. The
investigating detective obtained a description of the robber from the victim.
Another officer interviewed a fifth witness, a store clerk, who stated that a man
with a similar description to the robber, hurriedly entered the store holding a gun
about an hour before the robbery and the man acted nervous and appeared to be
trying to avoid the stores video camera. Id. at 468.
Two days later, the officer responded to a report of a man acting strange
and talking crazy in a health club. The health club employees description of the
man was similar to that of the suspicious male who was in the convenience store
shortly before the robbery. Id. at 468-469. Based on this, officers presented a
photo line-up to the robbery victim and the witnesses. Three of the witnesses could
not identify the robber, who wore a mask during the robbery, while the victim and
one witness identified Franklin based on the shape of his face and profile.
The
store clerk also identified Franklin as the man who entered the store right before
the robbery with a handgun under his shirt. Id. at 469.
16
19
Here, McEnroe had probable cause to seek the arrest warrant for Plaintiff.
He uncovered evidence linking Plaintiff to the Doll House and to Ms. Ramsey on
the night she disappeared. Witnesses identified Plaintiff as one of the men who
had a dispute with Ms. Ramsey over money and who threatened to kill people in
the bar. (Complaint, 20, 21, 27). Witnesses reported that one of the men bragged
about beating a murder rap in Atlanta, which in fact Plaintiff did. (Id. at 22).
Ms. Hamilton stated she saw Ms. Ramsey get into a car with Plaintiff the night she
disappeared. (Arrest Aff., 9). Ms. Jones picked Plaintiff out a photo array as
one of the two men seen together arguing with Ms. Ramsey and threatening to kill
people in the club if he did not get his money back. (Complaint, 27).
Even more telling, evidence tied Plaintiff to the killer, J. Jones, as coworkers
reported that Plaintiff and J. Jones were together with Ms. Ramsey the night she
disappeared, both had a dispute with her over money; and one threatened to kill her
and patrons if their money was not returned. (Id. at 20, 23). Ms. Jones identified
Plaintiff as the other man together with the killer, J. Jones, the night Ms. Ramsey
disappeared. (Id. at 23, 27; Arrest Aff., 9). Ms. Hamilton stated that she saw
Ms. Ramsey leaving work with Plaintiff and J. Jones. (Arrest Aff., 9). Finally, J.
Jones DNA was a match for DNA found under Ms. Ramseys fingernails, and on
the sweatshirt wrapped around her body. (Complaint, 53).
20
Applying the above standard, the court in Franklin denied the plaintiffs
malicious prosecution claim finding no evidence tending to show that the detective
acted with malice in applying for an arrest warrant for Franklin. Franklin, 236
Ga. App. at 471. ([T]he law does not presume malice or animus against an officer
merely because in the discharge of his legal functions, he does an illegal act.
Pinkston v. City of Albany, 196 Ga. App. 43, 46, 395 S.E.2d 587 (1990)).
The same conclusion reached in Franklin is authorized here. McEnroes
belief of the various eyewitnesses who identified Plaintiff as the man they saw with
J. Jones and the victim the night she disappeared, and his decision to pursue an
arrest warrant for Plaintiff on the information he had - no matter how imperfect - is
not sufficient to show actual malice for purposes of official immunity exemption.
In an obvious attempt to repair this deficiency, Plaintiff has asserted a whole
host of false accusations in his Complaint to create the appearance of some
personal animus on the part of McEnroe. Yet McEnroe did not commit (nor could
not have committed) any of the acts alleged to have occurred after Plaintiffs DNA
was obtained in September 2012 because McEnroe never saw or communicated
with Plaintiff again after that date. (McEnroe Aff., 21). That means McEnroe did
not arrest, talk to, take custody of, extradite, accompany, book, jail, release, or
doing anything else with Plaintiff after the one time he actually saw him on
September 27, 2012. (McEnroe Aff., 20-23, 28). Therefore, there is nothing here
22
that venue is proper where a substantial part of the events or omissions giving rise
to the claim occurred.
Here, dismissal is warranted because venue is proper in New Jersey, where a
substantial part of the claims which form the basis of the Complaint took place.
The Officers reside in New Jersey and are New Jersey law enforcement officers.
(Complaint, 4,5,7,8). The murder of Ms. Ramsey and the ensuing investigation
occurred in New Jersey. (See Complaint). The entire investigation file is in New
Jersey. All but one of the witnesses interviewed as part of the investigation took
place in New Jersey. (Complaint, 19, 30, 31, 33). The Arrest Affidavit, which is
the gravamen of the Complaint, was executed in New Jersey and presented to a
New Jersey Court. (See Arrest Affidavit). The man that Plaintiff alleges the
Officers should have investigated further, Brian Love, lived in New Jersey until
Ms. Ramsey disappeared. (Id. at 30). Search warrants for J. Jones and Loves
apartment in New Jersey were issued by a New Jersey court. (Id. at 33). The
DNA samples of Plaintiff were analyzed in New Jersey. (Id.). The New Jersey
investigation did lead Officer McEnroe to Georgia, but the Officers had two short
visits here prior to Plaintiffs arrest, one in September in connection with the DNA
swabs, and one in October in connection with the arrest warrants, and that trip
resulted in no contact with Plaintiff. Other than that, none of the investigation or
24
other relevant activities leading up to Plaintiffs arrest and detention took place in
Georgia.
Plaintiff was detained in Georgia when he turned himself over to local
authorities on October 25, 2012, but he remained here until November 28, 2012
when he was extradited to New Jersey. (Id. at 77, 83). The remaining five
months of his alleged improper detention occurred in New Jersey.
As
substantial part of the events giving rise to the claims took place in New Jersey, the
Complaint should be dismissed. (Accord, Miles v. Chicago Police Dept., No. 00CV-72782, 2000 WL 1279191 (E.D. Mich. Aug. 21, 2000) (venue improper in
false arrest/malicious prosecution claim); Clayton v. Prudential Ins. Co. of Amer.,
554 F. Supp. 628 (S.D. Tex. 1982) (venue in Texas where indictment, criminal trial
and related records were kept, witness with relevant knowledge in Texas, and a
substantial amount of the investigatory conversation occurred in Texas).
CONCLUSION
For the foregoing reasons, the Officers request that the case be dismissed.
_/s/ Tracey Blackwell____________
Tracey Blackwell
Georgia Bar No. 732752
Marlo Orlin Leach
Georgia Bar No. 442216
GONZALEZ SAGGIO & HARLAN LLP
3353 Peachtree Road NE, Suite 920
Atlanta, GA 30326
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CERTIFICATION OF COMPLIANCE
The undersigned counsel hereby certifies in accordance with Local Rule
7.1D that this brief has been prepared in Times New Roman 14 point font in
accordance with Local Rule 5.1(C).
CERTIFICATE OF SERVICE
I hereby certify that on December 29, 2014, a copy of this pleading was
electronically filed with the Clerk of Court by using the CM/ECF system which
will send a notice of electronic filing to all counsel of record and by U.S. Mail.