Timothy Rouse v. Terry Powlde

478 F. App'x 945
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 17, 2012
Docket09-6205
StatusUnpublished
Cited by21 cases

This text of 478 F. App'x 945 (Timothy Rouse v. Terry Powlde) 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
Timothy Rouse v. Terry Powlde, 478 F. App'x 945 (6th Cir. 2012).

Opinions

OPINION

DONALD, Circuit Judge.

Plaintiff-Appellee Timothy D. Rouse filed a pro se complaint pursuant to 42 U.S.C. § 1983 against Defendants Fulton County Police Chief Terry Powlde,1 Fulton County police officer Benney Dunccan, Commonwealth Attorney Michael B. Stacy, Assistant County Attorney Richard L. Majors, and Fulton County jailer Ricky Parnell.2 Rouse alleged in his complaint that while he was in jail awaiting trial prosecutor Michael Stacy directed an attack on Rouse by his jailer for the purpose of persuading Rouse to change his plea to guilty.

On September 25, 2008, Stacy filed a motion to dismiss. On September 28, 2009, the district court granted the motion in part by (1) dismissing the official capacity claims against Stacy as barred by the Eleventh Amendment and (2) dismissing without prejudice, based on Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994), the individual capacity claim alleging that Rouse was denied a fair trial. The district court denied the motion as to Rouse’s excessive force claim, rejecting Stacy’s assertion of absolute immunity. On October 1, 2009, Stacy filed this appeal. We now AFFIRM the district court’s ruling.

I. BACKGROUND

Rouse was indicted in March 2006 on charges of first-degree burglary, first-degree robbery, and first-degree assault. Rouse v. Commonwealth, No. 2010-CA-000291-MR, 2010 WL 3362057, at *1 (Ky. Ct.App. Aug. 27, 2010). Rouse alleges that while he was incarcerated in the Fulton County Detention Center awaiting his August 21, 2007 trial, Stacy called the jailer on his cell phone during a court hearing and told him that Rouse had not pled guilty, so the jailer should “do it tonight.” Rouse states that Stacy wanted “to do his best to get Rouse to plea (sic) guilty” to the charges against him. Around 2:00 a.m. the following morning, the jailer and two detention guards allegedly entered Rouse’s cell, smothered him with a pillow, “busted his face” against an intercom, and choked him with a string. While walking out of Rouse’s cell, the jailer told Rouse that next time he should plead guilty.

During the first day of trial, Rouse changed his plea to guilty as part of a plea agreement with Stacy. Rouse, 2010 WL 3362057, at *1. Prior to sentencing, Rouse moved to withdraw his guilty plea on the grounds that he was unaware that the violent offender probation and parole restrictions would require him to serve at least 85% of his sentence if he pled guilty. Id. at *1 n. 3; Rouse v. Commonwealth, No. 2007-CA-002020-MR, 2008 WL 4092869, at *1 (Ky.Ct.App. Sept. 5, 2008), cert. denied, — U.S. -, 130 S.Ct. 120, 175 L.Ed.2d 79 (2009). The trial court denied Rouse’s motion to withdraw his guilty plea and sentenced him to 27 years in prison in accordance with the plea agreement. Rouse, 2008 WL 4092869, at *2. The Kentucky Court of Appeals affirmed the denial of the motion. Id.

[947]*947II. ANALYSIS

A. STANDARD OF REVIEW

To the extent that it turns on an issue of law, a district court’s denial of a claim of immunity, whether qualified or absolute, is immediately appealable. Mitchell v. Forsyth, 472 U.S. 511, 525, 530, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985); Archie v. Lanier, 95 F.3d 438, 442 (6th Cir.1996). The denial of a motion to dismiss based on absolute immunity is subject to de novo review. Koubriti v. Convertino, 593 F.3d 459, 466 (6th Cir.2010); Barnes v. Winchell, 105 F.3d 1111, 1115 (6th Cir.1997).

B. THE SCOPE OF PROSECUTORIAL IMMMUNITY

Although prosecutorial immunity has a longstanding tradition in the common law, the Imbler v. Pachtman decision was the Supreme Court’s first explicit recognition that prosecutors enjoy absolute immunity from § 1983 suits for damages when they act within the scope of their prosecutorial duties. 424 U.S. 409, 420, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976). Derivative of the immunity afforded judges, this prosecutorial, or “quasi-judicial,” immunity has been revisited and refined in numerous Court opinions in the thirty-five years since Im-bler. The Imbler Court emphasized that prosecutorial immunity is not predicated upon status, titles, or special regard for a particular branch of government. Imbler, 424 U.S. at 420, 96 S.Ct. 984. It is based, rather, on public policy considerations, particularly the concern that “harassment by unfounded litigation would cause a deflection of the prosecutor’s energies from his public duties, and the possibility that he would shade his decision instead of exercising the independence of judgment required by his public trust.” Id. at 423, 96 S.Ct. 984. In a later decision, the Court expressed the rationale supporting such immunity as follows:

As public servants, the prosecutor and the judge represent the interest of society as a whole. The conduct of their official duties may adversely affect a wide variety of different individuals, each of whom may be a potential source of future controversy. The societal interest in providing such public officials with the maximum ability to deal fearlessly and impartially with the public at large has long been recognized as an acceptable justification for official immunity.

Ferri v. Ackerman 444 U.S. 193, 202-03, 100 S.Ct. 402, 62 L.Ed.2d 355 (1979).

The Court has recognized, however, that the granting of such immunity is not without its costs, noting that “unfairness and injustice to a litigant may result on occasion.” Mireles v. Waco, 502 U.S. 9, 10, 112 S.Ct. 286, 116 L.Ed.2d 9 (1991) (citing Bradley v. Fisher, 80 U.S. 335, 347, 13 Wall. 335, 20 L.Ed. 646 (1872)). This downside risk is mitigated, according to the Court, by “[vjarious post-trial procedures ... to determine whether an accused has received a fair trial,” including “the remedial powers of the trial judge, appellate review, and state and federal post-conviction collateral remedies.” Imbler, 424 U.S. at 427, 96 S.Ct. 984. The Court has also emphasized that there remain effective checks on misconduct by prosecutors, notwithstanding their immunity from civil suits, including criminal prosecution and professional discipline. Burns v. Reed, 500 U.S. 478, 486, 111 S.Ct. 1934, 114 L.Ed.2d 547 (1991) (citing Imbler, 424 U.S. at 429, 96 S.Ct. 984).

In view of the risk of injustice, the Supreme Court has been “quite sparing” in its recognition of the doctrine of absolute immunity, and it has declined to extend it any “further than its justification would warrant.” Id. at 486, 111 S.Ct. 1934 (cit[948]*948ing Harlow v. Fitzgerald, 457 U.S. 800, 811, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982)).

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Bluebook (online)
478 F. App'x 945, Counsel Stack Legal Research, https://law.counselstack.com/opinion/timothy-rouse-v-terry-powlde-ca6-2012.