Long v. Barrett
Long v. Barrett
Opinion of the Court
OPINION
STATEMENT OF THE CASE
China A. Long ("Long"
We affirm.
ISSUE
Whether the trial court erred in granting summary judgment.
FACTS
Stated in the light most favorable to Long, the facts are as follows. In 1991, a woman named China G. Long,
On November 8, 2000, with this same 1992 cause number, a bench warrant was apparently re-issued
Hence, the respective warrants contained the following information:
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On the morning of November 27, 2000, Marion County Sheriff's Department Deputies Barrett and Davidson sought to arrest China A. Long, whose birth date is June 20, 1959, at her home at 3805 Devon Drive, Indianapolis. Long informed the deputies that there must be a mistake because she had not committed a crime, her Social Security Number was different than that on the warrant, and she had never worked in Columbus.
The next day, November 28, 2000, Bartholomew County Sheriff's Department Deputy White transported Long from the Marion County Jail to the Bartholomew County Jail in Columbus.
On October 15, 2001, Long filed a complaint in Marion County Superior Court. On November 18, 2001, the case was removed to the United States District Court for the Southern District of Indiana based on its allegations under 42 U.S.C. § 1983. On February 26, 2002, Judge Tinder dismissed her complaint. His order found that as to the § 1983 claims against Barrett, Davidson, White, and Pattingill, "the alleged conduct does not set out a constitutional violation," (App. 51), and dismissed those claims with prejudice. He noted that the complaint "implie{d] that [the defendants] were acting within the seope of employment," (App. 51), but dismissed without prejudice the state law claims against the above defendants.
On March 7, 2002, Long filed an amended complaint in the Federal District Court seeking damages "pursuant to the common law of the State of Indiana." (App. 57). She alleged in one count that Barrett, Davidson, White and Pattingill had "committed the intentional torts of false arrest and false imprisonment," and in another count that they "negligently and carelessly altered the warrant for the arrest of a criminal named China R. [sic] Long, which mistake transformed the innocent China Ann Long into a fleeing felon." (App. 57, 58). Long further alleged that the officers had "falsely arrested and falsely imprisoned" her, which "acts and omissions ... were malicious, willful and wanton." (App. 65).
Long filed a memorandum in opposition to summary judgment, and she designated the amended complaint, Warrant #1, Warrant #2, and an affidavit of "Dennis Knulf"
On June 26, 2008, the trial court heard argument on the summary judgment motion. On September 29, 2003, the trial court granted the motion.
On October 24, 2003, Long filed a motion to reconsider. The trial court denied Long's motion, and Long brings this appeal of the trial court's grant of summary judgment. |
As noted in the footnotes, certain factual assertions in Long's appellate brief are not supported by designated evidence. In addition, although her appendix contains the depositions of Deputies Barrett and Davidson, these were not designated as evidence to the trial court. We remind Long that it is the evidence specifically designated to the trial court that we consider upon review of an appeal challenging the grant of summary judgment, see Hughes v. King, 808 N.E.2d 146, 148 (Ind.Ct.App. 2004), and it is the appellant's burden to present this court with a record sufficient to sustain her argument. Purdy v. State, 708 N.E.2d 20, 23 (Ind.Ct.App. 1999). An appellant's failure to do so subjects her appeal to a dismissal See Hughes, 808 N.E.2d at 148. Here, we choose to address Long's arguments because they raise concerns that we find to merit discussion.
DECISION
In an appeal involving summary judgment, the appealing party bears the burden of persuasion, and we assess the trial court's decision to ensure that the parties were not improperly denied their day in court. Shambaugh & Son, Inc. v. Carlisle, 763 N.E.2d 459, 460 (Ind. 2002). However, we analyze the issues in the same way as a trial court would. Id. at 461. Specifically, summary judgment is appropriate only where the designated evidence shows there is no genuine issue of material fact and the moving party is entitled to a judgment as a matter of law. Worman Enterprises v. Solid Waste Mgmt., 805 N.E.2d 369, 373 (Ind. 2004). A grant of summary judgment may be affirmed on any theory supported by the designated materials. Schaefer v. Kumar, 804 N.E.2d 184, 191 (Ind.Ct.App. 2004), trans. demied.
Nevertheless, Long contends that when Deputies Barrett and Davidson arrived at her home to execute the bench warrant, and she told them that there was a mistake, they should have undertaken further investigation as to the proper identity of the China Long sought by Bartholomew County. At oral argument, she pressed this contention by referring to her deposition testimony, which she characterized as containing her testimony that she had seen the word "forgery" on the warrant at the time of her arrest, thus supporting the inference that Warrant #1 was in the possession of Deputies Barrett and Davidson; and because there were major differences between Warrant # 1 and Warrant # 2, the deputies should have been put on notice that there was a problem. We have reviewed Long's deposition testimony in this regard. Long initially testified that she was shown a warrant that indicated a charge of forgery, which would indicate Warrant #1; but, in later testimony, she clearly identified Warrant # 2 as the warrant shown to her and affirmed that Warrant # 2 contained her name, address, date of birth and a Social Security Number. Thus, Long's argument as to the warrant possessed and executed by deputies does not support the inference that there was a basis for a heightened awareness on the part of the deputies as to the propriety of the warrant. j
Long also claims that in this case-where (1) the individual is found in her own home, (2) the warrant on its face appears to refer to a court action filed some eight years earlier, and (8) there are no exigent cireumstances involved in executing the warrant-public policy would be better served by a procedure providing for further investigation. Long specifically directs our attention to the very real fact that identity theft is a major concern of growing import. We appreciate that this is indeed the case. In reviewing the statutory requirements for an arrest warrant, we find that both warrants here comply with the statute. See Ind.Code § 35-83-2-2. However, the matter was last addressed by our legislature in 1981, and the current statute provides that unless the person's name "is unknown," the warrant need only "specify the name of the person to be arrested." Id. at (a). In light of widespread concerns about identity theft, we would encourage the legislature to revisit the statute and consider adding a requirement that where possible, physical identification information (race, height, weight, visible sears, etc.) be included along with the name of the person to be arrested.
In a separate vein, we would encourage law enforcement entities to consider establishing a policy whereby in a case with facts such as these (4.e., where the individual is located in her own home, the warrant relates to a matter filed years ago, and there is no emergency), officers would undertake a cursory investigation before taking the subject to jail.
Bushong v. Williamson, 790 N.E.2d 467, 472 (Ind. 2003), explained that pursuant to the current Indiana Tort Claims Act, governmental employees who act within the scope of their employment are immune from liability. Thus, the Act "allows government employees acting in the seope of their employment the freedom to carry out their duties without the fear of litigation." Id. When the employee's conduct is " 'of the same general nature as that authorized, or incidental to the conduct authorized," " it is "within the seope of employment." Id. (quoting Celebration Fireworks, Inc. v. Smith, 727 N.E.2d 450, 453 (Ind. 2000)). Whether certain acts of an employee are within the scope of employment "may be determined as a matter of law" if the designated materials conclusively demonstrate. Id. Further, to bring an action against the employee personally, there must be (1) an allegation that the "act or omission of the employee" is either (a) malicious or (b) willful and wanton, and (2) the complaint "must contain a reasonable factual basis supporting the allegations." IC. § 84-18-3-5(b). Here, Long's factual allegations as to the conduct of the defendants do not reflect any conduct that can be reasonably found to be "malicious" 'or "willfull and wanton." Deputies Barrett and Davidson were simply executing a facially valid bench warrant; and there are no allegations or designated evidence that would support the inference of any behavior that could be characterized as being malicious or willful and wanton conduct by Deputies White and Pattingill, as well. Further, all evidence as to the conduct of the deputies supports the reasonable inference that it entailed tasks undertaken in the scope of their employment with the respective sheriff's departments.
In addition to immunity under the Tort Claims Act, the trial court also found the defendants to be shielded by the doctrines of judicial and quasi-judicial immunity. In Grant County Comm'rs. v. Cotton, 677 N.E.2d 1103 (Ind.Ct.App. 1997), trans. denied, we reviewed a series of precedents to support our holding that the Grant County Sheriff was entitled to immunity in an action for wrongful arrest inasmuch as the sheriff was exercising a judicial function. We cited Stine v. Shuttle, 134 Ind.App. 67, 186 N.E.2d 168, 172 (1962) ("warrant not void on its face issued by a tribunal having general jurisdiction of the subject matter is a protection to, the officer executing it, and the officer is not required to look beyond the process or warrant or deter
In addition to the absolute judicial immunity afforded to a judge for "all actions taken in the judge's judicial capacity," Newman v. Deiter, 702 N.E.2d 1093, 1097 (Ind.App. 1998), trans. denied, cert. denied 528 U.S. 931, 120 329, 145 L.Ed.2d 257, such "absolute judicial immunity extends to persons performing tasks so integral or intertwined with the judicial process that these persons are considered an arm of the judicial officer who is immune." Id. at 1100. Thus, when a deputy sheriff is acting in furtherance of the judge's order, the "absolute judicial immunity afforded [that judge]" extends to the deputy "for those acts in furtherance of the judge's orders." Id.
Accordingly, the trial court did not err in granting the defendants summary judgment on the basis of judicial or quasi-judicial immunity.
We affirm.
. Long's husband, Willie Long, was also a plaintiff in this action, asserting a derivative claim of loss of consortium. On August 18, 2004, Long filed a motion for leave to amend
, We heard oral argument on this matter on September 17, 2004. We thank counsel for their presentations.
. Long's amended complaint alleges that China G. Long was Caucasian. Because Long did not provide us with any answers filed by the defendants, we do not know whether this allegation was admitted. Long directs us to no designated evidence indicating China G. Long's race.
. Long's amended complaint also alleges that China G. Long, with a birthdate of May 1, 1959 and the SSN ***~**~_***, was charged with the offense on May 28, 1992 and that it was "believed that said China R. [sic] Long was not an African-American." (App. 59). Again, the defendants' answers in this regard are unknown to us, and these three allegations are not supported by designated evidence.
. The Bartholomew County bench warrant form contains a block to indicate a "ReIssued Warrant," but authorities did not check that block.
. Long's brief asserts that she "attempted to inform police of the mistake by showing that her Indiana Driver's License bore the Social Security Number of __-_-__" and that the
. Long's amended complaint alleged that Deputies White and Pattingill transported her to Columbus. In her Statement of Facts, Long does not mention Paitingill at all. In Pattingill's memorandum to the trial court in support of summary judgment, Pattingill cited evidence indicating that White alone transported Long. (App. 71). In her appellate brief, Pattingill denies that she was involved in transporting Long. White & Pattingill Br. at 1. Long cites no designated evidence indicating any role by Pattingill in Long's detention.
. The allegation that the officers' "acts and omissions ... were malicious, willful and wanton" was new to the amended complaint.
. The amended complaint dropped the original complaint's § 1983 allegation that the officers were "acting under color of" state and local law. (App. 30, 31).
. As already indicated, "all pleadings" are not contained in Long's Appendix. Only her original and amended complaints are provided.
. Knulf's affidavit is not part of Long's Appendix.
. Even though Long's appellate argument does not appear to press any further claims as to Deputies White and Pattingill, the scant designated evidence as to their conduct supports the inference that such was within the scope of their employment.
. We find no factual allegations, no designated evidence, and no argument as to any of the defendants having "negligently and carelessly altered the warrant for the arrest of a criminal named China R. [sic] Long." (App. 58).
Concurring Opinion
concurs with separate opinion.
I respectfully concur in the majority's result, but write separately to highlight the dangers posed by identity theft. An identity theft survey report conducted by the Federal Trade Commission in 2003 discovered that within the previous year, almost ten million Americans learned that they were the victim of some form of identity theft. Federal Trade Commission-Identity Theft Survey Report at 4 (Sept. 2008), available at http://www.fte.gov/o8/2003/09/synovatere-port.pdf. Although this case centers more on misidentification, it does illustrate the dangers posed by identity theft when executing an arrest warrant. It seems quite possible that a victim of identity theft could find herself arrested pursuant to a seemingly valid arrest warrant for actions committed by the individual who stole her identity. The likelihood of something like this occurring is heightened by our current statute, which only requires that a warrant "specify the name of the person to be arrested." Ind.Code § 85-38-2-2(a). For instance, let us assume that someone has stolen my identity and committed a crime in my name. Under Indiana Code section 35-33-2-2, the State could obtain a valid warrant for my arrest by providing no more information than my name. The police then could arrest me for a crime that I did not commit, and I likely would not be able to recover any compensation for the loss of my freedom because there was nothing to suggest to the police officers that the arrest warrant was anything but valid. For this reason, I fully agree with the majority's recommendation that the
Furthermore, I believe the majority properly admonishes the various personnel involved in drawing up the arrest warrant here. The errors in this arrest warrant are gross, and force one to wonder how and why this warrant was even issued. Mistakes such as this tend to undermine the entire judicial system.
Although I agree with the majority's conclusion that the officers' actions here were not willful, wanton, or malicious, I believe a question left unanswered by this opinion is how many problems must there be with an arrest warrant before a police officer's enforcement of that warrant moves from being merely negligent to willful, wanton, or malicious. This is, of course, a problem of line drawing. However, if Long had shown that the social security number on the second warrant was incorrect, that the birth date on the second warrant was incorrect, and that the officers had in their possession both the first and second warrants, would that have been sufficient evidence to show that the officers had acted willfully, wantonly, or maliciously? Would some combination of only two of these facts or even one of these facts standing alone been sufficient to show willful, wanton, or malicious conduct? Nevertheless, because the trial court properly granted summary judgment, I concur with the majority opinion.
Reference
- Full Case Name
- China Ann LONG, Appellant-Plaintiff, v. Phillip BARRETT, Individually; Richard Davidson, Individually; John K. White, Individually; Deena Pattingill, Individually; An Unnamed Police Officer of the City of Columbus, Individually, Appellees-Defendants
- Cited By
- 6 cases
- Status
- Published