Coffy v. Multi-County Narcotics Bureau

600 F.2d 570
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 19, 1979
DocketNos. 77-3603, 77-3604 and 77-3279
StatusPublished
Cited by83 cases

This text of 600 F.2d 570 (Coffy v. Multi-County Narcotics Bureau) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coffy v. Multi-County Narcotics Bureau, 600 F.2d 570 (6th Cir. 1979).

Opinion

PHILLIPS, Senior Circuit Judge.

This action grew out of an investigation into violations of Ohio’s dangerous drug laws at Magnacca’s Lounge (Magnacca’s), a tavern located in the Village of Roswell, Ohio. As the result of a nine month investigation, Thomas Coffy and Kenneth Bower, proprietors of Magnacca’s, were indicted, prosecuted and convicted of maintaining a common nuisance in violation of Ohio law. On appeal, their convictions were vacated and the case remanded to the state trial court. Coffy and Bower were not retried upon remand.

Coffy and Bower commenced the present action under 42 U.S.C. § 1983 against the parties who participated in the Magnacca’s investigation and prosecution, alleging that they had been deprived of their civil rights in violation of the Constitution and laws of the United States.

The parties named as defendants in the action included: the Multi-County Narcotics Bureau (the Bureau), a specialized narcotics law enforcement agency; Allen Laird, Administrative Director of the Bureau; Kenneth Beamer, Deputy Director of the Bureau; Robert J. Wilson, Special Agent of the Bureau; Phil Dennis, an informant used by Wilson in his undercover investigation at Magnacca’s; Ronald Collins, Prosecuting Attorney for Tuscarawas County, Ohio; Barry Terjesen, Assistant County Prosecutor and trial counsel for the state in the Coffy-Bower nuisance trial; and Harlan R. Spies, Judge of the Common Pleas Court, Tuscarawas County, Ohio, who presided over the common nuisance trial. In addition, the Tuscarawas County Sheriff’s Department; Louis J. Clark, Sheriff; and William Winters, Dale Bayer and William Haney, Commissioners of Tuscarawas County, were named as defendants in the action. They subsequently were dismissed from the action by consent of the parties.

Following multiple pre-trial motions, the district court granted summary judgment in favor of Judge Spies and attorneys Collins and Terjesen. Trial of the action against the remaining defendants commenced on June 17, 1977, and concluded on June 21, 1977, resulting in jury verdicts against the Bureau, Laird and Beamer but in favor of Wilson and Dennis. Thereafter, the district court granted judgment n. o. v. in favor of the Bureau. Both sides have appealed.

We hold that the plaintiffs are not entitled to a recovery against any of the defendants. Accordingly, we affirm in part and reverse in part the judgments of the district court.

I

The Multi-County Narcotics Bureau was created in 1972 by a grant from the Law Enforcement Assistance Administration (LEAA). The Bureau operated within a six county area and received federal, county, city and village funding. Testimony at trial established that the Bureau is no longer in existence. Funding for the Bureau terminated in December 1975.

The Bureau was composed of a twelve member Board of Control. Each county within the Bureau’s jurisdiction was represented by two members of the Board. Allen Laird was the Administrative Director of the Bureau. Laird’s duties included reporting the activities of the Bureau to the Board of Control, as well as directing administrative activities within the Bureau. Kenneth Beamer was Deputy Director and Director of Operations for the Bureau. [574]*574Beamer had overall responsibility for initiating and directing the activities of the special agents employed within the Bureau.

The Bureau was charged with investigating possible violations of Ohio’s narcotics and dangerous drug laws. Its special agents conducted undercover investigations in an effort to gather evidence and apprehend individuals involved in illicit drug transactions. As a part of the Bureau’s ongoing operations, Beamer, with the knowledge of Laird, assigned Special Agent Robert Wilson to investigate possible drug trafficking at Magnacca’s. This investigation commenced in October 1974 and culminated in indictments against 12 persons, including Coffy and Bower, on various drug related charges.

Phil Dennis, a suspected drug dealer who cooperated with the Bureau, was utilized as a source of contacts in the undercover investigation. The jury rendered a verdict in favor of Dennis. Coffy and Bower do not appeal this portion of the verdict. Dennis introduced Wilson to various individuals known by Dennis to have “dealt in drugs.” Wilson would then attempt to ingratiate himself with “that particular peer group and then after you were accepted, purchases of drugs could be made.” Over the period of his investigation, Wilson made approximately 15 buys from ten different individuals in or on the premises of Mag-nacca’s.

The entire investigation at Magnacca’s was conducted as an undercover operation. Wilson did not inform Coffy or Bower of his true identity, nor did he, or anyone associated with the investigation, disclose to them the nature and purpose of the Bureau’s activities at Magnacca’s. At one point in the investigation Wilson approached Coffy and solicited him, asking “if there was anything for sale.”

In June 1975, Deputy Director Beamer and Special Agent Wilson met with Ronald Collins, Prosecuting Attorney for Tuscara-was County, Ohio, and Assistant Prosecutor Barry Terjesen for the purpose of turning over to them the results of Wilson’s investigation. Wilson explained his method of operation to the prosecutors and provided them with a written report listing a number of drug offenses. After consultation between the agents and the prosecutors, Collins determined there was sufficient evidence to bring the matter before the next session of the Tuscarawas County Grand Jury.1

Terjesen served as prosecuting attorney in presenting the results of the Wilson investigation before the Grand Jury. Wilson testified before the Grand Jury concerning his activities during the Magnacca’s investigation. On June 13, 1975, the Grand Jury returned an indictment charging Coffy and Bower with maintaining a common nuisance in violation of former Ohio Rev. Code § 3719.46. Ten other individuals were also indicted on drug charges stemming from the Magnacca’s investigation. Nine of these individuals pleaded guilty or were found guilty on the charges. One individual was at large at the time of the trial in the district court.

Prior to the Coffy-Bower nuisance trial in Common Pleas Court, Amended House Bill No. 300 (H.B. 300) was enacted by the Ohio State Legislature and signed into law. H.B. 300 made a number of changes in Ohio’s dangerous drug laws. Although the Act became effective July 1, 1976, the penalty provisions of the Act were put into effect on November 21, 1975. Section 3 of H.B. 300 provided, in pertinent part:

Any person charged . . for an offense under existing law that would not be an offense on the effective date specified in § 4 of the Act [July 1, 1976] shall have charges dismissed. Any person charged with an offense committed prior to [July 1, 1976] that shall be an offense under this Act shall be prosecuted under the law as it existed at the time the offense was committed and any person convicted . for an of[575]*575fense under existing law that would be an offense on [July 1, 1976] but entail a lesser penalty than the penalty provided for the offense under existing law shall be sentenced according to the penalties provided in this Act. . . ,2

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Bluebook (online)
600 F.2d 570, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coffy-v-multi-county-narcotics-bureau-ca6-1979.