Charles Latimore v. George Widseth

986 F.2d 292, 1993 WL 437746, 1993 U.S. App. LEXIS 3057
CourtCourt of Appeals for the Eighth Circuit
DecidedFebruary 25, 1993
Docket92-1641
StatusPublished
Cited by4 cases

This text of 986 F.2d 292 (Charles Latimore v. George Widseth) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Charles Latimore v. George Widseth, 986 F.2d 292, 1993 WL 437746, 1993 U.S. App. LEXIS 3057 (8th Cir. 1993).

Opinions

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Defendant appeals the District Court’s denial of his summary judgment motion in Plaintiffs action under 42 U.S.C. § 1983. We affirm.

In February, 1987, Charles Latimore pleaded guilty to a charge of aggravated robbery and was released pursuant to an agreement that he would co-operate with the State in a separate case. Specifically, Latimore agreed to testify against Grailon Williams and John Scruggs, members of a gang of which Latimore had also been a member, and who were implicated in the murder of Christine Kreitz.

George Widseth was the Assistant Hennepin County Attorney who negotiated Latimore’s plea. Pursuant to the plea, Latimore provided a formal statement on the Kreitz murder. Latimore also acknowledged his willingness to testify as to the assertions made in the statement that he signed on October 28, 1986.

In January, 1987, shortly before the plea hearing, Widseth reiterated the terms of the plea agreement in a letter to Latimore’s attorney. Widseth also stated that the agreement would have to be disclosed to Williams’s attorney. Subsequently, Latimore’s name appeared on the list of state’s witnesses in the Williams case. A copy of Latimore’s statement was provided to Williams’s attorney, who asserts that he discussed Latimore’s potential testimony with his client. Although Widseth also communicated the substance of the testimony to Scruggs’s attorney, Scruggs testified at his post-conviction relief hearing [294]*294that he did not learn of Latimore's identity prior to or during his trial. Ultimately, Latimore was called as a witness in neither prosecution.

At Latimore’s plea hearing in February,

1987, Widseth informed the court that Latimore had fulfilled his part of the agreement by providing the statement and agreeing to testify in the Kreitz case. The court accepted Latimore’s plea, and the transcript of the plea hearing, held in open court, was filed promptly with the clerk of the court and became a public record.

Six months after his release, Latimore was again arrested, this time for robbing and attacking an elderly woman. When journalists asked Widseth why Latimore had received lenient treatment on his previous aggravated robbery charge, Widseth told them of Latimore’s cooperation with the State. Whether Widseth specified that it was the Kreitz case in which Latimore cooperated is in dispute. No documentation of his statement to the media was offered. We have only the journalists’ paraphrase, which may have been supplemented with information from other sources. In any event, when two local television stations broadcast reports on the matter, they stated that Latimore had agreed to testify in the Kreitz murder cases. Two months after the broadcasts, Latimore, having been incarcerated in a Minnesota correctional facility, was attacked in his cell by four men who he claims were known members of the gang implicated in the Kreitz murder case.

Latimore commenced this action against county and state officials in September, 1988, alleging that their actions and omissions had led to the assault. The only claim at issue on appeal is against George Widseth based upon his statements to the news media and the subsequent prison assault. Latimore links Widseth’s statements causally to the assault, which, Latimore posits, violated his Eighth Amendment rights. Widseth moved for summary judgment, arguing that he was entitled to qualified immunity and that Latimore could not, as a matter of law, establish that Widseth’s statements were causally related to the prison attack. The district court denied Widseth’s motion on both bases, and Widseth appeals, arguing that he was entitled to summary judgment on either or both theories.

I.

Officials performing discretionary functions enjoy qualified immunity and are thereby shielded from liability for civil damages so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. See Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 2738, 73 L.Ed.2d 396 (1982). An official performing a discretionary function can be required to respond to a civil suit only if his or her actions fail to meet the test of "objective legal reasonableness." Id. at 819, 102 S.Ct. at 2738; see also Anderson v. Creighton, 483 U.S. 635, 639-41, 107 S.Ct. 3034, 3038-41, 97 L.Ed.2d 523 (1987). Since Harlow transformed the relevant inquiry into one of objective legal reasonableness, the issue of qualified immunity has ordinarily been considered one of pure law. See, e.g., J.H.H. v. O'Hara, 878 F.2d 240 (8th Cir.1989). We have recognized, however, that there are some cases that will require a factual inquiry into a relevant matter, namely whether the official knew or should have known that the conduct would violate, or cause a violation of, plaintiff's constitutional rights. Most such cases will involve an invasion that is not an immediate consequence of defendant's activities but nevertheless follows as a proximate and likely result of them. See, e.g., Smith v. Marcantonio, 910 F.2d 500, 501 (8th Cir.1990). The district court believed that this case was such a case, and we agree. We review the judgment below, therefore, to determine whether the right alleged to have been violated was clearly established and whether a reasonable fact-finder could conclude from the record before the court that defendants could or should have known that the conduct would violate, or cause a violation of, plaintiff's constitutional rights.

[295]*295The district court first noted that a prisoner’s Eighth Amendment right to be free from attack by fellow inmates is a well-established one of which Widseth knew or should have known. See Andrews v. Siegel, 929 F.2d 1326, 1330 (8th Cir.1991); Bailey v. Wood, 909 F.2d 1197, 1199 (8th Cir.1990). We agree on this question of law. In the factual inquiry into whether Widseth knew or should have known that his behavior violated the right .or would likely lead to its violation, the district court noted several facts. First, Widseth was an experienced prosecutor who knew the propensities of gangs. Second, Latimore asserts that, pursuant to his plea bargain, his statement regarding the roles of Williams and Scruggs in the Kreitz murder was to remain confidential unless he was called as a government witness. This alleged aspect of the agreement provides an additional indication that Widseth knew of the potential danger to Latimore. Finally, Widseth knew that Latimore was to be incarcerated as a result of the armed robbery charge that prompted Widseth’s public statement. Accordingly, the court concluded that Widseth knew or should have known that his public revelation regarding Latimore’s willingness to testify against the gang leaders would likely lead to a prison attack against him.

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Charles Latimore v. George Widseth
986 F.2d 292 (Eighth Circuit, 1993)

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Bluebook (online)
986 F.2d 292, 1993 WL 437746, 1993 U.S. App. LEXIS 3057, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charles-latimore-v-george-widseth-ca8-1993.