Raub v. Campbell

3 F. Supp. 3d 526, 2014 U.S. Dist. LEXIS 26258, 2014 WL 806130
CourtDistrict Court, E.D. Virginia
DecidedFebruary 28, 2014
DocketCivil Action No. 3:13CV328-HEH
StatusPublished
Cited by2 cases

This text of 3 F. Supp. 3d 526 (Raub v. Campbell) is published on Counsel Stack Legal Research, covering District Court, E.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Raub v. Campbell, 3 F. Supp. 3d 526, 2014 U.S. Dist. LEXIS 26258, 2014 WL 806130 (E.D. Va. 2014).

Opinion

MEMORANDUM OPINION

(Defendant’s Motion for Summary Judgment)

HENRY E. HUDSON, District Judge.

This is a civil rights action brought under 42 U.S.C. § 1983 against Michael Campbell (“Campbell”), a Chesterfield County mental health clinician, alleging violations of Plaintiffs First and Fourth Amendment rights. In essence, Plaintiff claims that as a result of Campbell’s inept mental evaluation, Plaintiff was detained without probable cause, pending a more comprehensive mental assessment. Plaintiffs core contentions are that Campbell misconstrued his comments and actions as posing a threat of imminent danger as a result of mental illness. His allegations hinge in large part on the opinion of a practicing psychologist who, after a retrospective analysis, disagrees with Campbell’s conclusion. Moreover, Plaintiff alleges that the law enforcement officers’ actions, abetted by Campbell, were intended to suppress his First Amendment right to criticize policies of the United States.

The case is presently before the Court on the remaining defendant,1 Campbell’s Motion for Summary Judgment, premised primarily on his contention that he is entitled to qualified immunity on the constitutional claims. Both parties have filed extensive memoranda supporting their respective positions.2 The Court heard oral argument on February 18, 2014. For the reasons that follow, Campbell’s Motion for Summary Judgment will be granted.

[528]*528This case evolves from a communication sent to the Federal Bureau of Investigation by an individual who had previously served with Plaintiff Brandon Raub (“Raub”) in the U.S. Marine Corps concerning disturbing information posted by Raub on the Internet. This individual described Raub’s postings as being increasingly threatening in tone. (Def.’s Mem. Support Mot. Summ. J., Ex. B, Paris Dep. at 44:11-13, EOF No. 90-2; and Ex. F, Campbell Dep. at 41:18-20, ECF No. 90-6.)

Several days later, on August 15, 2012, an FBI agent requested that Detective Michael Paris (“Detective Paris”) conduct a review of Chesterfield County Police Department records to determine what, if any, prior contact they had with Raub. At that time, Detective Paris was on detail to the FBI Joint Terrorism Task Force. Later that same day, Howard Bullen (“Bul-len”), another former Marine who had served with Raub in Iraq, contacted the FBI to express his concern about Raub’s unsettling behavior and threatening communications. Suspecting that Raub may be contemplating violent acts, Bullen relayed a number of Raub’s postings to the FBI. (Paris Dep. at 44.) These postings revealed comments by Raub that he would be chosen to lead “the revolution” and that “[m]en will be at my door soon to pick me up to lead it.” (Campbell Dep. at 49:22-23.) The Facebook postings sent by Bul-len to the FBI also included the following comments:

“I’m gunning whoever run the town.” (August 13, 2012)
“This is the start of you dying....” (August 14, 2012)
“Richmond is not yours. I’m about to shake some shit up.” (August 14, 2012)
“This is revenge. Know that before you die.” (August 15, 2012)

(Id. at 49:6-14; Paris Dep. at Ex. 7 thereto.)

Bullen further advised the FBI that in his view, Raub’s Facebook postings had become increasingly threatening and action-oriented. Bullen expressed to the FBI his concern that Raub’s postings were “possibly more than just extremist rhetoric” and that he personally felt Raub genuinely believed in this and was not simply looking for attention. (Paris Dep. at 44:12-13; Ex. 7 thereto.) The following day, August 16, 2012, the above described e-mail traffic was forwarded to Detective Paris. (Id. at Ex. 7 thereto.)

Disturbed by Raub’s postings, the FBI agent supervising the Joint Terrorism Task Force requested that Chesterfield County police officers, accompanied by FBI agents, conduct an interview of Raub to determine if he posed a serious risk of violence. (Id. at 47:4-48:22.) According to Paris, the supervising FBI agent instructed him that “[t]he postings are a little more volatile. They’re getting a little bit more violent oriented and we can’t wait until Friday. We’ve got to go tonight.” (Id. at 54:9-14.) Later that evening, a team of law enforcement officers was assembled to perform that task. The group was comprised of three Chesterfield officers, including Detective Paris, three FBI agents, and a secret service agent.3 As Detective Paris explained, “[i]t was determined that contact would be made to determine ... whether Brandon Raub was capable of acts of violence to the public or ... to determine if there was a need for Crisis Intervention to conduct an evaluation.” (Id. at 48:18-22.)

[529]*529Following preliminary planning, Detective Paris, along with an FBI agent, conducted a conversation with Raub in the doorway of his residence. When asked whether he intended to carry out the violent acts mentioned on his Facebook post, Raub gave evasive responses. (Id. at 70:1-3.) At one point during the interview, Raub advised Detective Paris and the agent that the federal government launched a missile into the pentagon and that there was no airplane that flew into the structure on 9/11. (Id. at 96:12-14.) Raub also inquired why the FBI was not taking action against government officials for their crimes against American citizens. (Id. at Exs. 1 and 2 thereto.) He further stated that the federal government flies planes over people’s houses, exposing them to the radioactive substance thorium. (Id.)

The interview conducted of Raub did little to allay their concerns. At its conclusion, the FBI agent advised Detective Paris, that “[w]e need to get this guy evaluated.” (Id. at 66:24-67:1.) Detective Paris concurred. (Id. at 33:21-22; 66:24-67:1-2.)4

At approximately 7:15 p.m. on August 16, 2012, Campbell was in his office at the Chesterfield County Department of Mental Health Support Services. (Campbell Dep. at Ex. A thereto.) He received a telephone call from the Chesterfield County Emergency Communication Center requesting that he contact Detective Paris. (Id. at Ex. A thereto; 25:7-8.) Campbell promptly placed the call and was advised by Detective Paris that he was assisting the FBI and Secret Service in an investigation of Raub. Detective Paris informed Campbell that in company with other Chesterfield officers and federal agents, he had just completed an interview of Raub at Raub’s residence. According to Campbell, he received the following information:

Detective Paris informed me that Mr. Raub had made on-line threats about killing people, that he believed that the United States Government had perpetrated the September 11, 2001, terrorist attacks on the World Trade Center and the Pentagon, and that he believed that the government was committing atrocities on American citizens by dropping a radioactive substance called thorium on them from airplanes. Detective Paris indicated to me that the statements and threats were made over the Internet, and he described the language of some of the threats to me. Although I do not remember the exact wording of any of the threats now, they were specific threats of violent action against human beings.

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Related

Goines v. Valley Community Services Board
103 F. Supp. 3d 791 (W.D. Virginia, 2015)
Brandon Raub v. Michael Campbell
785 F.3d 876 (Fourth Circuit, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
3 F. Supp. 3d 526, 2014 U.S. Dist. LEXIS 26258, 2014 WL 806130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/raub-v-campbell-vaed-2014.