Spalsbury v. Sisson

250 F. App'x 238
Court of Appeals for the Tenth Circuit·Decided September 11, 2007·No. Nos. 06-1193, 06-1319·Published·Cited by 9 cases

Opinion

ORDER AND JUDGMENT*

MICHAEL R. MURPHY, Circuit Judge.

This order and judgment addresses two consolidated appeals filed by plaintiff-appellant Clark S. Spalsbury, Jr. after the district court dismissed his lawsuit against his ex-wife, Cynthia L. Sisson, and various public officials of Larimer County, Colorado. In appeal 06-1193, Mr. Spalsbury challenges the bases for the district court’s dismissal of his claims, and in 06-1319, he [241] asserts error with respect to the district court’s award of attorneys’ fees to Ms. Sisson. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we AFFIRM in both appeals.

I. Background

A. Facts

On July 18, 2003, Mr. Spalsbury was to begin a weekend-long scheduled visitation with his son, James. When he went to pick up James from Ms. Sisson’s home, however, an argument ensued, which led to the events giving rise to this lawsuit. Accepting Mr. Spalsbury’s version of the facts, as we must in reviewing a Rule 12(b)(6) dismissal, it appears the argument began when Mr. Spalsbury informed Ms. Sisson that he would be returning James one day earlier than planned, at 8:00 p.m. Ms. Sisson became mate and demanded that he return James at 6:00 p.m. When he refused to discuss the matter further, Ms. Sisson approached his car and stood in the open doorway of the passenger side holding a tape recorder. Mr. Spalsbury asked her repeatedly to move away from the car so that he could drive away, but she refused to budge. Exasperated, Mr. Spalsbury walked over to the passenger side and “gently leaned the back of his shoulder against her shoulder, and then used his body weight to slowly start pushing [her] out of his car doorway.” R., Doc. 2 at 8. When Ms. Sisson began to lose ground, she became enraged and demanded that Mr. Spalsbury call the police. He dialed 911 and said that he needed assistance in getting Ms. Sisson to back away from his car so that he could leave.

Estes Park police officers Eric Rose and Jodi Dring responded to the scene. They interviewed both Mr. Spalsbury and Ms. Sisson, as well as James and the couple’s daughter, who had also witnessed the whole event. After listening to what everyone had to say, officers Rose and Dring concluded that they had to make an arrest under Colorado’s mandatory arrest law. See Colo.Rev.Stat. § 18-6-803.6(1). Under that law, “[w]hen a peace officer determines that there is probable cause to believe that a crime or offense involving domestic violence ... has been committed, the officer shall, without undue delay, arrest the person suspected of its commission ... and charge the person with the appropriate crime or offense.” Id. The officers arrested Mr. Spalsbury and charged him with harassment, child abuse, and domestic violence. He was initially booked at the Estes Park jail, but he was later transferred to the Larimer County Detention Center and placed in the custody of defendant Larimer County Sheriff, James A. Alderden.

After being in custody for three days, Mr. Spalsbury was finally released on Monday, July 21. Since he was not released until the evening, however, he was unable to report to his job as a deputy district attorney in Colorado’s 14th Judicial District. He claims that upon his release, his employer immediately placed him on paid suspension and requested police reports and information about the criminal charges filed against him. He further claims that he was eventually fired as a result of his arrest and detention and the criminal charges. On July 31, a Larimer County Court judge dismissed all charges against Mr. Spalsbury on a technicality because he had never been served with the summons and complaint. Days later, however, Mr. Spalsbury received a call from defendant police officer Greg Felsinger, who ordered him to return to the police station so that he could be served with a second summons and complaint, reinstating the dismissed charges. Mr. Spalsbury complied and returned to the station on August 11, 2003, where he [242] was served by defendant police officer Corey Pass.

Mr. Spalsbury filed numerous motions challenging the criminal charges against him, arguing primarily that the police officers lacked probable cause to arrest him. Eventually, the district attorney filed an ex parte motion to dismiss the charges without responding to any of Mr. Spalsbury’s motions. Ultimately, on November 26, all charges against Mr. Spalsbury were dismissed and his criminal trial was vacated.

While the criminal charges against him were pending, Mr. Spalsbury prepared a “misdemeanor complaint” against Ms. Sis-son for her actions the evening of July 18, charging her with crimes of false imprisonment, second degree criminal tampering, and domestic violence. R., Doc. 2 at 27. When he attempted to file the complaint, however, the county clerk, defendant Sherlyn K. Sampson, told him she would not formally file the complaint without seeking guidance from her superiors. Shortly thereafter, on the advice of defendant county court judge Ronald Schultz, Ms. Sampson returned the complaint to Mr. Spalsbury without filing it or issuing a new case number. Mr. Spalsbury filed a request for reconsideration, which was referred to defendant James Hiatt, Chief Judge for the Eighth Judicial District. In response, Judge Hiatt instructed Ms. Sampson not to create a new case for Mr. Spalsbury’s criminal complaint, and instead to file the document in his pending divorce case.

B. Procedural History

Because much of our disposition, in particular with respect to Mr. Spalsbury’s claims against Ms. Sisson, requires an understanding of this case’s complex procedural history, we recount it here at some length. On August 10, 2004, Mr. Spalsbury filed his first amended complaint,1 asserting eleven claims for relief against four categories of defendants. With respect to the Town of Estes Park and the defendant police officers (“Estes Park defendants”), he asserted claims under 42 U.S.C. § 1983 for false arrest, false imprisonment, malicious prosecution, and abuse of process, as well as a liberty interest claim under the Fourteenth Amendment premised on the harm to his reputation and employment prospects caused by the defendants’ alleged defamatory statements. He also asserted a state law claim against the town for negligent hiring and supervision. He named Sheriff Alderden in a claim for false imprisonment. As to Ms. Sisson, he asserted a claim for relief entitled simply “Crimes/Torts,” R., Doc. 2 at 22, which included allegations that she committed numerous criminal and tortious acts against him and conspired with the police officers to have him arrested. As we explain below, however, Mr. Spalsbury’s specific claims against Ms. Sisson are not relevant to this appeal because he dismissed all of them voluntarily. Finally, Mr. Spalsbury asserted a due process claim against the defendant judges and Ms. Sampson (“judicial defendants”), claiming that they violated his right of equal access to the courts.2 In the midst of the ensuing motions practice, Mr. Spalsbury tendered a second amended complaint, in which he attempted to clarify some of his claims.

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Spalsbury v. Sisson, 250 F. App'x 238 (10th Cir. 2007).

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