Angarita v. St. Louis County

981 F.2d 1537, 1992 WL 363379
Court of Appeals for the Eighth Circuit·Decided December 9, 1992·No. No. 90-2961·Published·Cited by 43 cases

Opinion

ELMO B. HUNTER, Senior District Judge.

I. STATEMENT OF THE CASE

This is an appeal from a jury verdict entered May 11, 1990, in the United States District Court for the Eastern District of Missouri.1 Jurisdiction of the district court was invoked under 28 U.S.C. §§ 1331 and 1343. Jurisdiction of this Court is invoked under 28 U.S.C. § 1291.

II. PROCEDURAL BACKGROUND

On November 21, 1986, Richard Angari-ta, Edward L. Kyle, Jr., and Thomas Patrick Murphy (hereinafter “appellees”) filed a complaint seeking damages and equitable relief against Gilbert Kleinknecht, Ronald Battelle, Vincent Manning, Donald Hassel-diek, Hugh Hodges, John McCrady and St. Louis County (hereinafter “appellants”). Appellees alleged that appellants deprived them of their property rights in continued employment by coercing them into resigning their positions with the St. Louis County Police Department.

On October 23, 1989, a trial by jury commenced, and on October 30, 1989, the jury found in favor of Angarita on his due process claims and assessed actual damages against St. Louis County, Kleinknecht, Bat-telle, Hasseldiek, Hodges and McCrady, and assessed punitive damages against Kleinknecht, Battelle, Hasseldiek, Hodges, and McCrady. The jury found in favor of Kyle on his due process claims and assessed actual damages against St. Louis County, Kleinknecht, Battelle, Manning, Hodges and McCrady, and assessed punitive damages against Kleinknecht, Battelle, Manning, Hodges and McCrady. The jury found in favor of Murphy on his due process claims and assessed actual damages against St. Louis County, Kleinknecht, Bat-telle and McCrady, and assessed punitive [1540] damages against Kleinknecht, Battelle and McCrady. On May 11, 1990, the district court entered its judgment in favor of ap-pellees and against appellants and awarded appellees actual and punitive damages in accordance with the jury verdict. On October 15, 1990, the Court entered its judgment, awarding appellees attorneys’ fees and expenses. On November 13, 1990, appellants filed the instant notice of appeal.

III. STATEMENT OF FACTS

Although there are as many versions of the facts as there are witnesses to the incidents, this Court has attempted to set forth the facts objectively and accurately.2

III.A. Background

In March of 1984, drug enforcement agency officers informed Colonel Gilbert Kleinknecht, Superintendent of Police, that Debbie Rogers had information concerning officers appropriating and using drugs seized in their investigations and engaging in sexual misconduct. Appellees were not specifically mentioned by name to Kleink-necht. Kleinknecht immediately conveyed this information to Major Ronald Battelle, Executive Director of the Division of Auxiliary Services. Battelle assigned Donald Hasseldiek to assist in this investigation. Battelle and Hasseldiek met with Debbie Rogers in March of 1984, wherein Rogers stated that she first met Angarita, Kyle and Steve Rogers3 at a party in Creve Coeur Park in early 1981. She met Murphy in her relations with the Frontenac Police Department. Debbie Rogers further stated she had sexual intercourse with these officers, that drugs were used in her presence, and that she attended parties where appellees were drinking, using drugs and having sex. She indicated that transportation was conducted in a police car and that Steve Rogers was skimming money provided to narcotics officers for drug buys. Debbie Rogers was interviewed two additional times prior to April 4, 1984. Battelle and Hasseldiek also interviewed Officer Bilyk, inasmuch as his name was mentioned by Debbie Rogers. Officer Bilyk told them about drinking parties where sexual activity occurred and about the “White Castle” incident.4

On April 3,1984, Major Battelle met with Sergeant Hasseldiek, Captain Manning, Sergeant McCrady, Sergeant Hodges and Sergeant Sullivan to inform them of the misconduct allegations. Battelle indicated that interviews of the appellees would be conducted on April 4, 1984.5

[1541] On April 3, 1984, Angarita,6 Kyle,7 and Murphy8 were contacted, misrepresentations were made to them and they were instructed to appear at the station on April 4, 1984.

III.B. Angarita, Kyle and Murphy Directed to the Same Room and then Split Up

When Angarita, Kyle and Murphy were all in the room at Internal Affairs, Battelle told Hasseldiek to take their guns, badges and I.D. cards. Battelle then motioned toward Cook and Holmes and told them to “book” Rogers and “as a matter of fact, book them all.” Appellees were then handed a complaint and interview notification form to sign. When Murphy asked for an explanation, he was told by McCrady to “just sign it, shut up and sign it, you don’t have no choice in the matter, you don’t have any rights.” Appellees were then split up and taken into separate rooms.

III.C. Murphy’s Interrogation

Murphy was initially interviewed by McCrady and told that, “You are not leaving with your job, nobody’s going nowhere with their jobs.” A few minutes later, Battelle came into the room and told Murphy that if he is caught in any lies, he “can be terminated.” When Battelle left the room, McCrady handed Murphy a copy of the “White Castle” complaint. Murphy admitted to being present but stated that he was off duty and not intoxicated. Murphy further stated that Angarita was not at the “White Castle” incident and was not in the narcotics unit at that time. At this point, McCrady began discussing the allegations regarding parties at Creve Coeur Park, sexual misconduct, discharging weapons and skimming money. Murphy advised McCrady that there must be a formal written complaint pursuant to St. Louis County Police Department policy if these discussions were to continue. Murphy’s requests to see his supervisor and an attorney were repeatedly denied. On one occasion, McCrady told Murphy that he had no rights, inasmuch as this was an administrative hearing.

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Angarita v. St. Louis County, 981 F.2d 1537, 1992 WL 363379 (8th Cir. 1992).

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