Minch v. District of Columbia

952 A.2d 929, 2008 D.C. App. LEXIS 295, 2008 WL 2754976
CourtDistrict of Columbia Court of Appeals
DecidedJuly 17, 2008
Docket04-CV-1397
StatusPublished
Cited by56 cases

This text of 952 A.2d 929 (Minch v. District of Columbia) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Minch v. District of Columbia, 952 A.2d 929, 2008 D.C. App. LEXIS 295, 2008 WL 2754976 (D.C. 2008).

Opinion

RUIZ, Associate Judge:

Thomas Minch appeals the trial court’s grant of summary judgment for the District of Columbia in his civil suit for false arrest, false imprisonment, defamation, and intentional and negligent infliction of emotional distress. The claims arise from Minch’s arrest and overnight detention early in the investigation of the murder of Gallaudet University student Eric Plunk-ett. Joseph Mesa has since been convicted for the murder. Because the police acted in good faith and within the scope of their duties when they arrested and detained appellant, and issued a press release to that effect, we agree that the District of Columbia was entitled to judgment as a matter of law, and affirm.

I.

Facts Surrounding the Murder Investigation

In September 2000, Eric Plunkett was murdered by Joseph Mesa — although the murderer’s identity would go undiscovered for over four months, during which time he killed another Gallaudet University student. See Varner v. District of Columbia, 891 A.2d 260, 264 (D.C.2006) (summarizing facts surrounding the deaths of Gallaudet University students Eric Plunkett and Andrew Varner). On Thursday, September 29, 2000, around 9 p.m., students entered Plunkett’s dorm room to check up on him after not having seen or heard from him all day. To their horror, they discovered his lifeless body lying in a blood-splattered room. Plunkett’s body was transported to D.C. General Hospital where the medical examiner pronounced him dead and ruled the cause of death as homicide. The autopsy report concluded that Plunkett died from “Blunt Force Trauma and a Broken Neck.” The medical examiner believed that the suspect had used a chair in the room, “which was blood spattered,” to kill Plunk-ett.

On Friday, September 29, Detective Kyle Cimiotti and other detectives under his supervision interviewed an estimated eleven students in the dorm. A number of students told the police that Plunkett was gay, and was a member of the gay and lesbian club on campus. The detectives *932 also interviewed Eric Plunkett’s family, specifically asking them about Eric’s computer, which was turned on and logged in when his body was found. The family said that Eric used the digital camera that was attached to the laptop to videoconference with them. His mother told the police that Plunkett “suffer[ed] from a mild case of Cerebral Palsy.”

On Saturday, September 30, two days after Plunkett’s body was found, the detectives continued interviewing students. One witness, whom the police identified as “W-l,” told the police that Plunkett had a romantic relationship with “Thomas B.” When the police later reinterviewed W-l, along with another witness (W-2), the second witness told the police that Thomas’ last name began with “M” and not “B.” After going through the school roster, the police presented W-2 with a photo of appellant, Thomas Minch. The witness positively identified Minch as the person who was involved with Plunkett.

Minch’s Interview

On October 3, 2000, five days after Plunkett’s body was discovered, Detective Cimiotti, along with two sign-language interpreters, approached Minch in the school cafeteria, where Minch agreed to an interview. Minch, who was then eight teen years old, had just entered Gallaudet’s freshman class a few weeks earlier. Minch testified that he was taken to MPD’s Fifth District station, where the detective “immediately started bombshell-ing [him] with questions” during an interview that lasted six hours. According to Minch, the detective told him he was under arrest, but “[he] wasn’t sure if [the detective] said that because he was trying to get some response out of [him], or something else.” Minch explained that he did not ask for a lawyer or call his parents because “[he] was under the assumption that [he] was just being questioned and that [he] would be able to leave.” 1

Minch testified that Detective Cimiotti threatened him:

I remember that [the detective] said that if I didn’t confess to anything, that I’d be put in jail for life — that I’d be put in jail for life, and that when I got out of jail, that people would think that I was a murderer. At that point, I felt sort of threatened.
[Detective Cimiotti] said that if I didn’t confess to the crime that I would be put in jail for some length of time. And that when I got out, people would still think that I was gay, A, and that I was a murderer, B, and they would think all sorts of bad things about me. •

Although Minch claimed that it was his “impression that [he] could not use the bathroom,” he admitted that Detective Ci-miotti told him “at the beginning” that he could take breaks. Minch also acknowledged that there were breaks in the interview “every five to ten questions,” when Detective Cimiotti would leave and then return to continue the questioning, and that the detective “offered to get me something, at the beginning, from the vending machine” to eat, as well as food from McDonald’s at the end of the interview. Minch said in his deposition that “[fit’s been three years and I don’t remember all the questions that [the detective] had.” Minch also recalled being unclear at the time of the interview about “some of the questions,” and that he “didn’t feel like there was enough explanation.”

*933 Minch had an alibi for the night that Plunkett was killed. According to Detective James LaFranchise, Minch had told Detective Cimiotti that “he’d been at the theater as an assistant stage manager the night that this all happened.” Minch confirmed telling the detective that “I walked back to the dorm” after the rehearsal, although he could no longer “even recall what I did, after I got back.” Minch, however, did admit in his deposition that he did not tell Detective Cimiotti that he went to Plunkett’s room when he returned to the dorm after the rehearsal.

In his deposition, Minch also admitted that “at the beginning I said no, that I hadn’t [had a sexual encounter with Plunk-ett, but that ljater, I told him that we had a one time thing and that was it.” Minch told Detective Cimiotti that he had “pushed” Plunkett in his room, because Plunkett “was trying to make some sexual advances on [him].” Minch also said that Plunkett “stumbled backward” but that he did not “fall on the ground,” and Minch then “ran out of the room.” But it is not clear from the deposition whether Minch is talking about what he now recalls having done or what he now recalls having said to Detective Cimiotti.

Minch contends on appeal that his altercation with Plunkett was not on the day of the murder. In his deposition, however, he said that he cannot, either “remember when it happened” or what he told the police about when it happened. He agreed, however, that “it would have been reasonable for [Detective Cimiotti] to be-heve that this pushing incident occurred the day before — sometime the day before Plunkett’s body was found.”

Minch’s deposition testimony concerning the interview was supplemented by the MPD sign-language interpreters, Kevin Campbell and Vicki Mather, 2

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Cite This Page — Counsel Stack

Bluebook (online)
952 A.2d 929, 2008 D.C. App. LEXIS 295, 2008 WL 2754976, Counsel Stack Legal Research, https://law.counselstack.com/opinion/minch-v-district-of-columbia-dc-2008.