Richard Winfrey, Jr. v. San Jacinto County
Opinion
Richard Winfrey Jr. ("Junior") was arrested and charged with murder after a botched investigation and various alleged violations of Junior's Fourth Amendment rights. The State tried him on murder charges. The jury acquitted him in fifteen minutes, but only after he had served some 16 months in prison. He brought this
We VACATE the district court's judgment and REMAND for trial essentially on the factual issue of whether Johnson acted recklessly, knowingly, or intentionally by omitting and misrepresenting material facts in his affidavit when seeking an arrest warrant for Junior. Because this litigation has continued for over seven years, including two appeals before this Court, we emphasize that this case must go to trial without further delay.
I.
Murray Wayne Burr was found murdered in his home in San Jacinto County, Texas, in August 2004. The San Jacinto County Sheriff's Office-including Sheriff Lacy Rogers and Deputy Johnson-and the Texas Rangers focused their investigation on three suspects: then-seventeen-year-old Junior; his then-sixteen-year-old sister, Megan Winfrey; and their father, Richard Winfrey, Sr. ("Senior").
*193 Several weeks after the murder, the investigative blunders began. Texas Ranger Grover Huff requested that Keith Pikett, a deputy from a nearby law enforcement agency, assist the investigation by running "scent lineups." This dubious adventure required Pikett to call upon two of his pet bloodhounds and to acquire scents from four suspects-Megan; Junior; Megan's boyfriend, Chris Hammond; and Hammond's friend, Adam Szarf. Huff, then, following the procedure that Pikett established, gathered scents from the suspects-by asking each person to rub a piece of gauze on his or her skin and put that gauze in a paper bag-and from the victim-by rubbing gauze against Burr's clothes. Pikett, rather "unscientifically," also carried around in a duffel bag filler scents which he gathered from prisoners at the Fort Bend County Jail. He placed this bag in his SUV, in which his dogs rode daily.
Pikett proceeded to conduct a "drop-trail" exercise with his dogs. That exercise was conducted at the crime scene where Huff provided the hounds with a scent sample. Huff thought he had provided the scent for Junior, but he mistakenly scented the dogs for Hammond instead. Huff notified Pikett and the other investigators about the mistake after the test, and both Huff and Pikett mentioned it in their formal police reports.
Meanwhile, Junior and Megan allowed investigators to collect their DNA to compare with DNA found in blood discovered at Burr's home. The laboratory reported that the blood did not belong to either. The investigators also wanted to compare Megan's hair to hair found at the murder scene. Sheriff Rogers wrote a search-warrant affidavit to obtain Megan's hair, but he failed to mention the lab report showing her blood was not at the scene. He also misstated that the drop-trail was conducted using Junior's scent pad instead of Hammond's. Further, he did not acknowledge the incidental fact that all forensic evidence from the crime scene excluded the Winfreys. Perhaps recognizing the fumbles in the process, the investigation was put on hold.
After stalling for a year, the investigation restarted when a jailhouse informant, Campbell, came forward with a story incriminating the Winfreys in Burr's murder. Campbell said that while he and Senior were in the same jail cell, Senior confessed to murdering Burr. Johnson visited and interviewed Campbell. There, Campbell told him: (1) Megan and Junior helped Senior get into Burr's house, (2) Senior severely beat up Burr and cut his neck, (3) Senior cut off Burr's genitals and stuck them in Burr's mouth, (4) Junior and Megan were in Burr's house the whole time, and (5) Senior had wanted to kill Burr because Burr's neighbor told Senior that Burr touched one of Senior's kids. Johnson wrote a report of Campbell's story and noted that the details of the injuries were generally accurate in relation to the physical evidence, except that Burr's genitals were not cut off and put in his mouth.
Johnson visited Campbell a month later, taking Rogers with him. Campbell's story changed. First, Campbell added that Burr was killed in his living room, which Johnson said was not known to the public at that time. Second, he said that Senior stabbed and shot Burr, though there was no evidence that Burr was shot. Third, Campbell now claimed that one of Senior's cousins, not Junior or Megan, was the accomplice to the murder. Finally, Campbell said that Senior confessed to stealing a pistol and long gun from Burr's house, and he put these guns in a nearby "hollow." Investigators found a hollow matching the description, but no weapons were *194 there. Johnson said the public did not know about the stolen weapons.
Pikett, undeterred by earlier failures, conducted a second scent lineup using Senior's scent. The bloodhounds alerted each time on Senior's scent.
Deputy Sheriff Johnson signed two affidavits to obtain search warrants to obtain Junior's and Senior's hair from each of them to compare with the hair found in Burr's home. Each affidavit excluded any reference to: (1) the inconsistencies between Campbell's two interviews, (2) the inconsistencies between Campbell's statements and the other evidence, (3) Junior's and Megan's blood not being found at the scene, and (4) the hair found at the scene not matching Burr or Megan. The judge issued both warrants to Johnson, but the hair obtained from Burr's home did not match the hair of either Junior or Senior.
Nevertheless, Johnson signed affidavits for arrest warrants for Megan, Junior, and Senior. 1 The arrest-warrant affidavits also excluded the same inconsistencies as the search-warrant affidavits, and additionally omitted the fact that the hairs at the crime scene did not belong either to the Winfreys or Burr.
Junior was thus charged with capital murder and sat in jail for two years before his case was tried in June 2009. On June 12, he was found not guilty after thirteen minutes of jury deliberation.
On May 26, 2010, Junior filed this § 1983 lawsuit against every police investigator involved in his murder case. At this point in this lengthy litigation, only his claim against Deputy Sheriff Johnson remains. Junior says that Johnson violated his constitutional rights by using false information to secure arrest and search warrants and by failing to disclose exculpatory evidence.
This case has visited us before.
See generally
Winfrey I
,
On remand, the district court held a hearing relating to multiple Daubert motions. Junior contends that, at that hearing, the district court barred Junior's expert, David Kunkle, from testifying at trial.
After discovery concluded, Johnson again moved for summary judgment. First, Johnson argued that Junior's claim against Johnson was time-barred. But the district *195 court ruled that it was not barred because the statute of limitations period began when Junior was acquitted, and he filed his lawsuit within a year of his acquittal. Second, the court examined whether Johnson violated Junior's Fourth Amendment rights by recklessly omitting and misstating certain facts in his search- and arrest-warrant affidavits. The court found that one omission was not reckless: excluding Campbell's statements that were inconsistent with each other. But it found that others were reckless: excluding Campbell's statements that were contradicted by the physical evidence and omitting the DNA and hair evidence that did not link the Winfreys to the scene, which could show that someone other than the Winfreys had to have been present in Burr's house. The court did not say whether Johnson's inclusion of the statement that "the drop-trail from the crime scene to the Winfrey house used [Junior]'s scent" was reckless. Third, the court decided that Johnson nevertheless was protected by qualified immunity, even though he violated Junior's rights, because a reasonable magistrate, reviewing a corrected affidavit, would have found probable cause to search and arrest Junior.
Junior timely appealed. He contends: (1) his arrest-warrant claim is not time-barred; (2) Johnson is not entitled to qualified immunity; (3) the district court abused its discretion in excluding his expert; and (4) if the Court reverses and remands, it should remand this matter to a different judge.
II.
A.
The first issue we address is whether Junior has a valid Fourth Amendment claim. We conclude that he does.
Junior's complaint never alleges in magic words that Johnson violated his rights under the Fourth Amendment. Nevertheless, although the parties have argued this case in a confusing manner from the start, both sides have argued, at times, that the case involves a Fourth Amendment federal malicious-prosecution claim; at other times, they have argued whether the claim involves a Fourteenth Amendment due process claim. In any event, as the case is presented before us now, there is a proper Fourth Amendment claim because of the law-of-the-case doctrine. In
Winfrey I
, this Court decided that this case presented a Fourth Amendment claim, concluding that Johnson was not entitled to qualified immunity on summary judgment because Junior alleged that Johnson violated the Fourth Amendment by signing objectively unreasonable arrest-warrant affidavits.
"The law-of-the-case doctrine generally provides that 'when a court decides upon a rule of law, that decision should continue to govern the same issues in subsequent stages in the same case.' "
Musacchio
, 136 S.Ct. at 716 (quoting
Pepper
, 562 U.S. at 506,
Furthermore, we agree that a Fourth Amendment claim is cognizable under the facts here. This Court has held that although there is no "freestanding constitutional right to be free from malicious prosecution," "[t]he initiation of criminal charges without probable cause may set in force events that run afoul of explicit constitutional protection-the Fourth Amendment if the accused is seized and arrested, for example."
Castellano v. Fragozo
,
These cases fully support a finding that the Fourth Amendment is the appropriate constitutional basis for Junior's claim that he was wrongfully arrested due to the knowing or reckless misstatements and omissions in Johnson's affidavits. We, therefore, hold that a Fourth Amendment claim is presented, and we will decide the remainder of the issues based upon this legal conclusion.
B.
Johnson argues that Junior's claim is time-barred. Junior was arrested on February 8, 2007. His prosecution began in June 2009, and he was acquitted on June 12. He filed this suit on May 26, 2010.
Section 1983 provides a federal cause of action, but federal courts look to state's statute of limitations for personal-injury torts to decide when § 1983 claims toll.
See
Wallace v. Kato
,
The accrual date depends on whether Junior's claim more closely resembles one for false imprisonment or one for malicious prosecution.
See
Johnson urges us to find that this case fits within
Wallace v. Kato.
There, the Supreme Court found that the plaintiff's unlawful warrantless-arrest Fourth Amendment claim resembled a false-imprisonment claim, because the constitutional violation occurred when the plaintiff was arrested without a warrant instead of when the conviction was later set aside.
Here, we find that Junior's claim is more like the tort of malicious prosecution, because Junior was arrested through the wrongful institution of legal process: an arrest pursuant to a warrant, issued through the normal legal process, that is alleged to contain numerous material omissions and misstatements. Junior thus alleges a wrongful institution of legal process-an unlawful arrest pursuant to a warrant-instead of a detention with no legal process. Because Junior's claim suggests malicious prosecution rather than false imprisonment, his claim accrued when his criminal proceedings ended in his favor on June 12, 2009. He filed his suit well within the two-year limitations period on May 26, 2010. So Junior's claim survives the time bar.
III.
A.
Even if the claim is not time-barred, Johnson argues, this case must not proceed further because he is entitled to qualified immunity.
This court reviews the district court's grant of summary judgment de novo.
Brewer v. Hayne
,
When resolving qualified immunity on summary judgment, courts determine (1) whether the facts, taken in the light most favorable to the party asserting the injury, show the officer violated a federal right and (2) whether the right was "clearly established" when the violation occurred.
*198
Tolan v. Cotton
, --- U.S. ----,
Clearly established law is not determined "at a high level of generality."
Ashcroft
,
Here, the clearly established constitutional right asserted by Junior is to be free from police arrest without a good faith showing of probable cause. Since
Franks v. Delaware
,
Still, "negligence alone will not defeat qualified immunity."
Brewer
,
Here, we conclude that Junior alleges a clearly established constitutional violation. Under the first prong of
Franks
, Junior must present evidence that Johnson, through material omissions or otherwise,
*199
made "a false statement knowingly and intentionally, or with reckless disregard for the truth."
Yet, we must proceed further to the second prong of
Franks
in order to resolve whether "the allegedly false statement is necessary to the finding of probable cause," as required by the
Franks
analysis.
This Court reviews the district court's probable-cause determination de novo.
United States v. Lopez-Moreno
,
So we turn to review the "corrected" affidavit to determine whether probable cause was established that Junior murdered Murray Wayne Burr. Examining the totality of the circumstances, we find that the corrected affidavit does not contain *200 sufficient information to satisfy the probable-cause requirement. 2 A corrected affidavit would contain the following facts, which were omitted from Johnson's affidavit. First, a corrected affidavit would include reference to the material fact that Pikett used the scent of Christopher Hammond, Megan's boyfriend, instead of Junior's. This omitted information was necessary for the state trial judge to consider, because it seriously affects whether Junior was present at the scene of Burr's murder. There was no other physical evidence that connected Junior to the murder scene besides the scent lineup. Second, a corrected affidavit would inform the state trial judge that Megan and Junior's DNA did not match the blood at the scene and that Megan's hair did not match hair found at the scene. It is material because this physical evidence suggests that someone else was involved in the murder. Third, a corrected affidavit would have referred to Campbell's statement that Senior's cousin-not Megan and Junior, like he had said earlier-let Senior into Burr's house to kill Burr. Although this fact would not have mattered as to an arrest warrant for Senior, it certainly was material for Junior, because in one scenario, he was connected to the murder, and in the other, he may not have been present at the scene. Fourth, a corrected affidavit would have apprised the state trial judge that Campbell's statements contradicted aspects of the physical evidence. Campbell said that Burr was both stabbed and shot-although he was only stabbed-and that Senior had cut off Burr's body part, which was not true. Although neither of these false statements, considered independently, would necessarily have been fatal to the affidavit-because Senior could have told Campbell anything-together with Campbell's other statements, these would have served to undermine Campbell's reliability. Weighing the totality of the circumstances, we conclude that a reasonable magistrate would not have issued a warrant on the basis of this corrected affidavit, because the addition of the omitted material facts would have dissuaded the judge from issuing the warrant.
In sum, we hold that Johnson has not established that a corrected affidavit would show probable cause to arrest Junior. Junior is, therefore, entitled to present his case to the jury. 3
B.
Still, Johnson further contends that he is not liable to Junior because there were two independent intermediaries that intervened to break the causal chain between Johnson's alleged Fourth Amendment violation and Junior's incarceration: (1) the grand jury that indicted Junior and (2) the state judge who presided over the Winfreys' trial. We conclude that neither independent intermediary broke the causal chain between Johnson's faulty affidavit and Junior's incarceration.
Under the independent-intermediary doctrine, " 'if facts supporting an arrest are placed before an independent intermediary such as a magistrate or
*201
grand jury, the intermediary's decision breaks the chain of causation' for the Fourth Amendment violation."
Jennings v. Patton
,
Here, the record does not indicate that the material information, which we have noted was omitted from Johnson's affidavit, was presented either to the grand jury or the state judge. Stated differently, as far as this record is concerned, the only information before a grand jury was the information in Johnson's affidavit. Neither the plaintiff nor defendant has shown otherwise.
First, because, at best, it is not clear whether "all the facts [were] presented to the grand jury,"
Cuadra
,
Second, Johnson contends that the state trial judge found probable cause to authorize Junior's continued detention, thereby insulating Johnson from liability. But the record does not show that the judge ever ruled that there was probable cause to detain Junior. At one hearing, the judge determined that there was probable cause to arrest Megan, but nothing about Junior. And in other hearings, the judge decided whether certain evidence should be allowed at trial and whether Senior should be granted a directed verdict. None of these hearings addressed the central question today: whether there was probable cause to arrest Junior. So we have no basis *202 to find that the subject material omitted information was presented to the state trial judge.
IV.
We now turn from the state proceedings to the procedural errors that Junior asserts in the federal proceeding below. Junior contends that the district court excluded the testimony of David Kunkle, a former police chief and Junior's expert witness. He contends this exclusion was an abuse of discretion. But after our examination of the record, we conclude that the district court never decided whether Kunkle could testify at trial. We are a court of appeals and errors. Inasmuch as the district court made no decision and issued no ruling, it could not have made an error or otherwise created an issue for appeal. We therefore decline to address the exclusion of David Kunkle's testimony until the district judge has expressly ruled on the issue.
Junior contends that the district judge orally ruled from the bench to exclude Kunkle from trial on October 20, 2014. But at that hearing, the judge never explicitly ruled that Kunkle could not testify. He said,
And there is no salvageable part of the police chief's, [Kunkle,] as I recall.... It's simply, it's what we tried very hard to get away from back in the early 80s. And I don't remember when Daubert was, somewhere in there; but I have always believed that expert testimony had to mean something. And we got anybody with a decent resume could say anything was pretty much the rule for a long time.
And the Supreme Court finally said they have to know something in particular about what is going on and it has to be cogent. There is no peer review for police chiefs. The city council, but they're not really peers there, something else entirely different.
Although strongly suggestive, this statement did not expressly grant or deny Johnson's motion to exclude the testimony of Kunkle. Further, the district judge indicated in his minute entry that "an order on the motion" would be entered following the hearing, but no such order was ever entered.
Furthermore, the Supreme Court has made clear that trial judges must play a "gatekeeping" role when examining the reliability of experts, and the court's inquiry must be "tied to the facts" of the particular case.
See
Kumho Tire Co. v. Carmichael
,
V.
Finally, Junior requests that this Court remand the matter to a different district judge. We find no basis for that request.
VI.
In this opinion, we have held that (1) Junior has alleged a valid Fourth Amendment claim against Johnson; (2) Junior's claim is not time-barred; (3) Johnson has not shown that his alleged conduct is protected by qualified immunity; (4) a corrected affidavit did not establish probable cause; (5) Johnson is not protected by the independent-intermediary doctrine; (6) because the district court did not expressly rule whether to exclude Kunkle, we do not *203 address whether the court abused its discretion; and (7) we find no basis for remanding the matter to a different district judge. The primary question on remand appears to be whether Johnson acted recklessly, knowingly, or intentionally by presenting the judge with an arrest-warrant affidavit that contained numerous omissions and misstatements. This case should go to trial without delay in a manner not inconsistent with this opinion.
Accordingly, the judgment of the district court is VACATED and the case is REMANDED.
VACATED and REMANDED.
The record contains only the arrest-warrant affidavits for Senior and Megan. Johnson argues that the arrest-warrant affidavit for Senior cannot be used as a replacement for Junior's arrest affidavit, which is not in the record due to Junior's intentional spoliation. But this issue was already resolved in
Winfrey I
,
The district court thought there was enough information to support probable cause to arrest Junior because of: (1) a possibly romantic relationship between Burr and Megan; (2) Megan's desire for Burr's hidden money; (3) the presence of Junior's, Megan's, and Senior's scents on Burr; and (4) Campbell's statement that Senior murdered Burr with the help of Megan and Junior.
We note that this appeal is not an interlocutory appeal on the sole question of qualified immunity. Instead, it comes to us from a final decision of summary judgment for the defendant.
Junior urges us to overrule our independent-intermediary doctrine based on
Manuel v. City of Joliet
, but we cannot do that and find it unnecessary. In
Manuel
, the Supreme Court held "that the Fourth Amendment governs a claim for unlawful pretrial detention even beyond the start of legal process." 137 S.Ct. at 920. The Court said that a grand jury indictment that "was entirely based on false testimony" could not expunge the plaintiff's Fourth Amendment claim.
Id.
at 920 n.8. But it did not hold that officers can never be insulated from liability based on later determinations by an intermediary when all the necessary information was placed before that intermediary. Instead, the Court affirmed a principle that we have consistently followed: when an intermediary's proceeding is tainted by an officer's unconstitutional conduct, the independent-intermediary doctrine does not apply.
Compare id.
("[I]f the proceeding is tainted-as here, by fabricated evidence-and the result is that probable cause is lacking, then the ensuing pretrial detention violates the confined person's Fourth Amendment rights...."),
with
Buehler v. City of Austin/Austin Police Dep't
,
Reference
- Full Case Name
- Richard WINFREY, Jr., Plaintiff-Appellant v. Lacy ROGERS, Former San Jacinto County Sheriff; Lenard Johnson, Former San Jacinto County Sheriff's Department Deputy, Defendants-Appellees
- Cited By
- 2 cases
- Status
- Published