Jane Doe v. Francis D. Phillips, Ii, Gerald D. D'amelia, Jr.

81 F.3d 1204, 1996 U.S. App. LEXIS 8781
CourtCourt of Appeals for the Second Circuit
DecidedApril 22, 1996
Docket870, Docket 95-7659
StatusPublished
Cited by90 cases

This text of 81 F.3d 1204 (Jane Doe v. Francis D. Phillips, Ii, Gerald D. D'amelia, Jr.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jane Doe v. Francis D. Phillips, Ii, Gerald D. D'amelia, Jr., 81 F.3d 1204, 1996 U.S. App. LEXIS 8781 (2d Cir. 1996).

Opinions

Judge JACOBS dissents in a separate opinion.

KEARSE, Circuit Judge:

Defendant Gerald D. D’Amelia, Jr., an assistant district attorney for Orange County, New York, appeals from an order of the United States District Court for the Southern District of New York, Charles L. Brieant, Judge, denying his motion to dismiss the complaint of plaintiff Jane Doe, brought under 42 U.S.C. § 1983 (1994) for damages and declaratory relief on the ground that D’Amelia violated Doe’s First Amendment rights by refusing to dismiss certain criminal charges against her unless she swore to her innocence on a bible in church. On appeal, D’Amelia contends principally that the district court should have granted his motion for summary judgment based on his defenses of absolute prosecutorial immunity and qualified immunity. For the reasons that follow, we affirm the order of the district court.

I. BACKGROUND

The facts relevant to this appeal do not appear to be in dispute. Doe and her estranged husband (“John Doe”) have two sons. In October 1992, the older son, Nicholas, then age 14, lodged an official complaint, at the urging of his father, accusing Doe of engaging in acts of oral sex and sexual intercourse with Nicholas in September and October of that year. Doe was arrested in October 1992 and was charged with felony rape in the third degree, felony sodomy in the third degree, and the misdemeanor of endangering the welfare of a child. The case was assigned to D’Amelia.

After having several conversations with Nicholas and more than a dozen with John Doe, D’Amelia began, for several reasons, to doubt the reliability of the accusations. First, as to Nicholas’s accounts of the abuse, D’Amelia “was concerned with some of the inconsistencies.” (Deposition of Gerald D. D’Amelia, Jr. (“D’Amelia Dep.”) at 20.) Another assistant district attorney who attended at least one of D’Amelia’s interviews with Nicholas had even greater doubts than D’Amelia about Nicholas’s credibility. (D’Amelia Dep. at 19-20.) In April 1993, D’Amelia filed a prosecutor’s information, reducing the felony charges against Doe to misdemeanor counts of sexual abuse, all on dates different from the dates originally specified by Nicholas.

Second, D’Amelia had doubts about the credibility of John Doe with respect to the allegations of sexual abuse because, inter alia, John Doe “claimed that he was able to tell what was going to happen in the future sometimes through his dreams,” and claimed that the FBI would verify that ability. (D’Amelia Dep. at 16.) D’Amelia was unable to locate the FBI agent named by John Doe and had “doubts about people predicting the future through dreams.” (D’Amelia Dep. at 17.) D’Amelia also doubted John Doe’s veracity because John Doe himself claimed to [1207]*1207have witnessed one instance of Doe’s alleged sexual abuse of Nicholas but had not contemporaneously complained. (Id.)

Further, D’Amelia stated that Nicholas himself “did not make an immediate [complaint] after the alleged abuse nor were his allegations volunteered. Eather, the child’s allegations against his mother were made only after his father had had ‘visions’ that the child had been sexually abused by the mother”; and Nicholas’s allegations were made only after “[t]he father had prodded his son in a car and in church for a total of about three hours.” (D’Amelia unpaginated affidavit dated June 9, 1995 (“D’Amelia Affi”), Joint Appendix (“JA”) 137.)

Doe maintained her innocence throughout. A Department of Social Services case worker conducted an investigation of the sexual abuse charges and attempted to determine whether or not the allegations were truthful. The social worker declined to validate the allegations. D’Amelia began to lack confidence that the charges against Doe could be proven beyond a reasonable doubt. (D’Amelia Dep. at 44.)

Toward the end of April 1993, John Doe proposed to D’Amelia that the charges be dismissed if Doe, a member of the congregation of a local Koman Catholic church (the “Church”), would place her hand on a bible in the Church and swear that she had not sexually abused her son. Threatening that he would not cooperate in the prosecution, John Doe stated “that he preferred that the matter be resolved by the law of God rather than the law of man.” (D’Amelia Affi., JA 137.)

After consulting with several other assistant district attorneys, D’Amelia communicated this proposition to Doe’s attorney. Doe, who continued to deny the charges against her, agreed to appear at the Church on May 7, 1993, because she wanted to have the criminal proceedings concluded. D’Amelia testified, however, that when they reached the Church on the morning of May 7, Doe’s attorney indicated that Doe had

some reluctance to go through with what we had planned.
Q. And what you had planned was—
A. To'have [Doe] deny the allegations by swearing on the bible that she never had any sexual contact with her son.
Q. In the church, correct?
A. Yes, in the church.

(D’Amelia Dep. at 55.) D’Amelia testified that he told counsel that Doe did not have to go through with this process, but that if she did not, the criminal charges against her would not be dismissed that day. Further, D’Amelia gave no indication that if Doe did not proceed to swear to her innocence on a bible in the Church, the charges would be dismissed at some subsequent time (D’Amelia Dep. at 53); rather, without discussing any other possibilities, D’Amelia suggested that “if this didn’t happen on that day,” Doe would be “going to trial where she may have been convicted or acquitted” (D’Amelia Dep. at 59).

Following this exchange, Doe and D’Amelia entered the Church and, in a small chapel area, proceeded with the ceremony. Also present were Doe’s attorney, an investigator from the district attorney’s office, John Doe, Nicholas, Doe’s other son, who was three years younger than Nicholas, Doe’s mother and sister, the Monsignor of the Church, and perhaps the assistant pastor as well. With D’Amelia holding the bible and reciting the oath that Doe was to repeat,

[p]laintiff then placed her hand on [the] Bible and stated: “I, Jane Doe, swear on this Bible that I did not have any form of sexual contact with my son Nicholas on any occasion, so help me God,”

(D’Amelia Affi, JA 139).

Immediately thereafter, D’Amelia went to the local court in which the criminal charges were pending and had the charges dismissed. John Doe and Nicholas signed written forms consenting to the dismissal in consideration for Doe’s oath in the Church; the forms stated that John Doe and Nicholas had “put [their] trust in the law of God, rather than the laws of man.”

In September 1993, Doe commenced the present action against D’Amelia and Orange County District Attorney Francis D. Phillips II, alleging, inter alia, that D’Amelia’s conduct constituted a coerced religious practice [1208]*1208in violation of the Establishment Clause of the First Amendment, and seeking damages and a declaratory judgment. The claim against Phillips was later withdrawn in light of evidence that he had had no personal involvement in the pertinent events.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
81 F.3d 1204, 1996 U.S. App. LEXIS 8781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jane-doe-v-francis-d-phillips-ii-gerald-d-damelia-jr-ca2-1996.