Joe D'Ambrosio v. Carmen Marino

747 F.3d 378, 2014 WL 1243792, 2014 U.S. App. LEXIS 5588
CourtCourt of Appeals for the Sixth Circuit
DecidedMarch 27, 2014
Docket13-3118
StatusPublished
Cited by510 cases

This text of 747 F.3d 378 (Joe D'Ambrosio v. Carmen Marino) 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
Joe D'Ambrosio v. Carmen Marino, 747 F.3d 378, 2014 WL 1243792, 2014 U.S. App. LEXIS 5588 (6th Cir. 2014).

Opinion

*382 OPINION

GRIFFIN, Circuit Judge.

Plaintiff Joe D’Ambrosio spent twenty years on Ohio’s death row before he was granted unconditional habeas corpus relief on the grounds that the Cuyahoga County prosecutor violated his obligations under Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). After his release, D’Ambrosio filed this civil rights action pursuant to 42 U.S.C. § 1983, claiming that defendants violated his constitutional rights. The district court granted defendants’ motions for judgment on the pleadings, concluding that D’Ambrosio’s second amended complaint failed to plausibly allege any viable constitutional claims. D’Ambrosio appeals. We affirm.

I.

D’Ambrosio’s complicated circumstances have been previously recounted by our court. In brief, D’Ambrosio was convicted in 1989 in Ohio state court of murdering Anthony Klann and was subsequently sentenced to death. In 2008, a panel of this court affirmed the district court’s grant of a conditional writ of habeas corpus based on the prosecution’s failure to disclose material exculpatory evidence to D’Ambrosio, in violation of Brady. See D’Ambrosio v. Bagley (D’Ambrosio I), 527 F.3d 489, 493 (6th Cir.2008).

The conditional writ required the state either to set aside D’Ambrosio’s conviction and sentence or retry him. See D’Ambrosio v. Bagley (D’Ambrosio II), 656 F.3d 379, 381 & n. 1 (6th Cir.2011). The state attempted to reprosecute D’Ambrosio through mid-2009, but it continued to fail to disclose exculpatory evidence and failed to alert D’Ambrosio or the state court that its key witness had died in the interim. Ultimately, the district court granted an unconditional writ of habeas corpus, citing the “extraordinary circumstances” of the case and barring Ohio from reprosecuting D’Ambrosio. D’Ambrosio v. Bagley, 688 F.Supp.2d 709, 728 (N.D.Ohio 2010).

The state appealed the grant of the unconditional writ, arguing that the district court lacked subject-matter jurisdiction to enter the order granting the writ. In August 2011, a split panel of this court affirmed, reasoning that the district court had retained subject-matter jurisdiction over the case because the state had not complied with the conditional writ: D’Am-brosio had not been retried, and his state conviction had not been vacated before the grant of the unconditional writ. See D’Ambrosio II, 656 F.3d at 388. The state sought a writ of certiorari in the Supreme Court but was unsuccessful. See Bobby v. D’Ambrosio, — U.S.-, 132 S.Ct. 1150, 181 L.Ed.2d 1031 (2012) (denying certiora-ri).

Meanwhile, in May 2011, D’Ambrosio filed this 42 U.S.C. § 1983 civil rights action against several of the individuals and entities involved in his state prosecution. Count One of D’Ambrosio’s second amended complaint (the “complaint”) asserted a claim against Cuyahoga County prosecutors Carmen Marino and William Mason in their official capacities, and a Monell v. Dep’t of Social Servs., 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), claim against Cuyahoga County. According to the complaint, Marino and Mason failed to disclose material exculpatory evidence to D’Ambrosio during his trial and also, by virtue of their roles as “final and official policymakers for the Prosecutor’s Office,” “created and maintained an official policy, practice, and/or custom” of violating criminal defendants’ constitutional rights both with respect to D’Ambrosio specifically and to criminal prosecutions handled by the office in general.

*383 Count Two of the complaint alleged a claim against Cleveland Police Detective Leo Allen — the lead detective who had investigated the case — in his individual and official capacities, and a Monell claim against the City of Cleveland. According to the complaint, Detective Allen violated D’Ambrosio’s constitutional rights when he “failed to disclose exculpatory evidence to D’Ambrosio prior to, during, and after his trial.” 1

Each of the defendants moved for judgment on the pleadings, which the district court ultimately granted. Although the district court rejected defendants’ assertion that D’Ambrosio’s action was barred by the two-year statute of limitations, it ruled that the complaint failed to allege either that Detective Allen and the City of Cleveland violated D’Ambrosio’s constitutional rights or that Cuyahoga County and the prosecutors caused him compensable constitutional injury. D’Ambrosio now appeals the district court’s entry of judgment against his claims.

II.

The same de novo standard of review is applicable to the district court’s orders granting a motion for judgment on the pleadings and granting a Rule 12(b)(6) motion to dismiss. See Marais v. Chase Home Fin. LLC, 736 F.3d 711, 713 (6th Cir.2013). For a complaint to survive such motions, it must — when the record is construed in the light most favorable to the nonmoving party and when all well-pled factual allegations are accepted as true— contain “either direct or inferential allegations respecting all material elements necessary for recovery under a viable legal theory.” Philadelphia Indem. Ins. Co. v. Youth Alive, Inc., 732 F.3d 646, 649 (6th Cir.2013) (citation and internal quotation marks omitted). Still, this court “need not accept as true legal conclusions or unwarranted factual inferences, and conclusory allegations or legal conclusions masquerading as factual allegations will not suffice.” Terry v. Tyson Farms, Inc., 604 F.3d 272, 275-76 (6th Cir.2010) (citation and quotation marks omitted). “[A] plaintiffs obligation to provide the ‘grounds’ of his ‘entitlement to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.’ ” Republic Bank & Trust Co. v. Bear Stearns & Co., Inc., 683 F.3d 239, 246-47 (6th Cir.2012) (quoting Bell Atl. Corp. v. Twombly, 560 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). “Rather, ‘[t]o survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.’ ” Id. at 247 (quoting Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009)).

III.

D’Ambrosio argues that his complaint sufficiently alleged three distinct claims: (1) a Monell claim against Cuyahoga County, based on the conduct of Marino; (2) a claim against Detective Allen for failing to disclose exculpatory evidence; and (3) a Monell

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747 F.3d 378, 2014 WL 1243792, 2014 U.S. App. LEXIS 5588, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joe-dambrosio-v-carmen-marino-ca6-2014.