Moran v. Marker

889 F. Supp. 284, 1995 U.S. Dist. LEXIS 8563, 1995 WL 366127
CourtDistrict Court, E.D. Michigan
DecidedMay 2, 1995
DocketCiv. A. No. 94-72998
StatusPublished
Cited by1 cases

This text of 889 F. Supp. 284 (Moran v. Marker) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Moran v. Marker, 889 F. Supp. 284, 1995 U.S. Dist. LEXIS 8563, 1995 WL 366127 (E.D. Mich. 1995).

Opinion

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

GADOLA, District Judge.

This is a civil rights action brought pursuant to 42 U.S.C. § 1983. Plaintiff Linda Carol Moran alleges that defendant David Marker caused two arrest warrants to be issued against her that lacked probable [285]*285cause. Plaintiff is also seeking damages for a state law claim of malicious prosecution. Before the court is defendant’s motion for summary judgment based upon qualified immunity. For the reasons discussed below, the court will grant defendant’s motion.

I. Background

This action stems from the events surrounding an embezzlement investigation by the Chesterfield Township Police Department involving Ben G. Industries, Inc. (“Ben G.”). On May 31, 1991, Robert Stocker and William Brown purchased Ben G. from Sum-ma Harrison Metal Products, Inc. (“Sum-ma”). Ben G. was a subsidiary of Summa. As part of the purchase agreement, the bookkeeper for Summa and all of its subsidiaries, Shirley Gibson, was to stay on until such time as Brown and Stocker got their own bookkeeper. Over the next three months, Brown tried to get bank account records and financial statements from Gibson. Giving various excuses, however, Gibson failed to turn over the requested material. In addition, Brown discovered that Ben G.’s bank account was overdrawn by $81,000.

Based upon this information, Brown, Stocker, and an accountant reviewed Ben G.’s books and discovered that numerous unauthorized checks had been written on the Ben G. account. Relevant to this case are two cheeks: (1) # 6722, dated June 12, 1991 for $20,000 paid to Belmor Landco, Inc. (“Belmor”); and (2) # 6883, dated August 28, 1991 for $6,000 also paid to Belmor. Neither cheek had been authorized and Ben G. had no business with Belmor. As a result of these discoveries, Brown and Stocker went to the Chesterfield Township Police Department in October 1991 to report the suspected embezzlement.

Defendant David Marker is a corporal in the Chesterfield police, and he was one of the officers assigned to the Ben G. investigation. As to the two unauthorized cheeks relevant to this case, defendant discovered that the plaintiff is the president and registered agent of Belmor. She is also an original incorpo-rator of the company and she files the annual reports. She is married to Don Nick who runs the day to day operational affairs of Summa.

During the investigation, defendant reviewed the bank records of the various involved companies. The records showed that the two relevant unauthorized checks were deposited in the Belmor account and were endorsed by Belmor company stamp. The plaintiff is a signatory on the Belmor account, and she is authorized by the bank to obtain credit on behalf of the company.

Defendant’s investigation was conducted over the course of eighteen months because of the complexity of the case. The case was complicated by the long paper trail and complex bank records. In the course of the investigation, defendant asked the plaintiff to discuss her involvement with the checks, but she declined to be interviewed based upon the advice of counsel.

At the conclusion of his investigation, defendant presented his findings to the Ma-comb County Prosecutor’s Office. The office authorized defendant to seek two criminal complaints against plaintiff. The first complaint charged her with (1) embezzlement in excess of $100, or larceny by conversion in excess of $100, or larceny over $100; and (2) accessory after the fact because of assistance given to Shirley Gibson, relating to the unauthorized $20,000 check. The second complaint made the same charges, but it related to the check for $5,000.

On March 12, 1993, defendant appeared before Judge Richard Cyrul, a Macomb County district judge, to seek two arrest warrants for the plaintiff based upon the criminal complaints. Following the hearing, Judge Cyrul signed the arrest warrants. Plaintiff was then arrested and arraigned. On May 26, 1993, a preliminary examination was held. At the conclusion of the examination, Judge Cyrul dismissed the charges against the plaintiff.

On July 6, 1994, plaintiff filed this action against defendant seeking damages under 42 U.S.C. § 1983 for violations of her rights under the Fourth and Fourteenth Amendments. Plaintiff claims that defendant lacked probable cause to request the two arrest warrants. Plaintiff later amended her complaint to add a state law claim of malicious prosecution. In his motion, defendant [286]*286seeks summary judgment on both of these claims.

II. Standard of Review

Under Rule 56(c) of the Federal Rules of Civil Procedure, summary judgment may be granted “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” “A fact is ‘material’ and precludes grant of summary judgment if proof of that fact would have [the] effect of establishing or refuting one of the essential elements of the cause of action or defense asserted by the parties, and would necessarily affect [the] application of appropriate principle^] of law to the rights and obligations of the parties.” Kendall v. Hoover Co., 751 F.2d 171, 174 (6th Cir.1984) (citation omitted) (quoting Black’s Law Dictionary 881 (6th ed. 1979)). The court must view the evidence in a light most favorable to the nonmovant as well as draw all reasonable inferences in the nonmovant’s favor. See United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 994, 8 L.Ed.2d 176 (1962); Bender v. Southland Corp., 749 F.2d 1205, 1210-11 (6th Cir.1984).

The movant bears the burden of demonstrating the absence of all genuine issues of material fact. See Gregg v. Allen-Bradley Co., 801 F.2d 859, 861 (6th Cir.1986). The initial burden on the movant is not as formidable as some decisions have indicated. The moving party need not produce evidence showing the absence of a genuine issue of material fact. Rather, “the burden on the moving party may be discharged by ‘showing’ — that is, pointing out to the district court — that there is an absence of evidence to support the nonmoving party’s ease.” Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 2554, 91 L.Ed.2d 265 (1986). Once the moving party discharges that burden, the burden shifts to the nonmoving party to set forth specific facts showing a genuine triable issue. Fed.R.Civ.P. 56(e); Gregg, 801 F.2d at 861.

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889 F. Supp. 284, 1995 U.S. Dist. LEXIS 8563, 1995 WL 366127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moran-v-marker-mied-1995.