Culberson v. Doan

125 F.Supp.2d 252

Debra CULBERSON, et al., Plaintiffs, v. Vincent DOAN, et al., Defendants.

No. C-1-97-965.

United States District Court, S.D. Ohio, Western Division.

December 14, 2000.

Amending Order January 1, 2001.

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Alphonse Adam Gerhardstein, Laufman & Gerhardstein, Cincinnati, OH, for Debra Culberson, Christina Marie Culberson, Roger Culberson, plaintiffs.

Neil Frank Freund, Lynnette Pisone Ballato, Freund Freeze & Arnold, Dayton, OH, for Richard Payton.

Lawrence Edward Barbiere, Robert Stanford Hiller, Schroeder Maundrell Barbiere & Powers, Cincinnati, OH, for Village of Blanchester OH.

Julie Goldscheid, Martha Davis, Now Legal Defense, New York, NY, for Violence Against Women Act, amicus.

Gerald Francis Kaminski, U.S. Attorney, Cincinnati, Marcia K Sowles, U.S. Department of Justice, Civil Division, Washington, DC, for USA, intervenors.

ORDER

SPIEGEL, Senior District Judge.

This matter is before the Court on Defendants' Motions for Summary Judgment (docs. 128 & 131); Plaintiffs' Response (doc. 139); and Defendants' Replies (docs. 140 & 141). In addition the Court held a hearing in this matter on November 16, 2000 (doc. 142).

BACKGROUND

A. Introduction to the Parties and the Complaint

The Estate of Clarissa Ann Culberson, Clarissa Culberson's parents, Debra and Roger Culberson, and her sister, Christina Marie Culberson (hereinafter, collectively referred to as "Plaintiffs" or the "Culberson Family") originally brought this action on October 24, 1997, pursuant to the "Violence Against Women Act of 1994," Title 42 U.S.C. § 13981, et seq., additional civil rights and due process violations, pursuant to 42 U.S.C. § 1983, and three state law torts against Vincent Doan (hereinafter, "Doan"), Lawrence Baker, Tracey Baker (hereinafter, collectively referred to as the "Bakers" or the "Baker Family"), Richard Payton, individually and in his official capacity as Chief of Police of the Village of Blanchester (hereinafter, "Defendant Payton" or "Chief Payton"), and the Village of Blanchester (hereinafter, the "Village" or the "Village of Blanchester") (doc. 1).

The Village of Blanchester is a unit of government organized under the laws of the State of Ohio and is physically located within the jurisdiction of Clinton County (Id.).

In addition, Plaintiffs allege in their Complaint that Defendant Richard Payton has at all times relevant to this action been the Chief of Police of the Village of Blanchester, Ohio (Id.). Furthermore, Plaintiffs assert that Chief Payton is the highest ranking law enforcement official in the Village (Id.). Plaintiffs further allege that all of his actions, as alleged in the Complaint, were taken within the scope of his employment as an employee of the Village of Blanchester and that is why they are suing Chief Payton in his individual, as well as official capacity (Id.).

Jurisdiction over the federal civil rights claims is conferred by Title 28 U.S.C. §§ 1331 and 1343(3)-(4). Jurisdiction over the state law claims is conferred by Title 28 U.S.C. § 1367(a).

B. Statement of the Facts

The facts as alleged by Plaintiffs in their Complaint (see doc. 1) and in their Response (see doc. 139) concerning the disappearance and subsequently-ruled death of Clarissa Culberson (hereinafter, "Carrie" or "Carrie Culberson") are sketchy, yet they tell a grim tale of domestic abuse.

Plaintiffs Debra and Roger Culberson are the parents of Carrie Culberson, who was allegedly killed by Vincent Doan on or about August 28, 1996, at the age of 22 years old (see docs. 1 & 139). Plaintiff Christina Culberson is the sister of Carrie Culberson. Vincent Doan is the son of Defendant Lawrence Baker and Doan is the half-brother of Defendant Tracey Baker. In the Complaint, Plaintiffs allege that Chief Payton is a close, personal friend of the individually named Defendants.

Carrie lived with her mother and sister in Blanchester, Ohio. During 1995, Carrie and Doan dated on a regular basis. Plaintiffs allege that, in the Fall of 1995, Doan began to physically abuse Carrie. Plaintiffs contend that on one occasion Doan "tightly clamped his hand over the nose, mouth and throat of [Carrie], who injured her face trying to pry his fingers off her mouth" (see doc. 1 ¶ 13). Plaintiffs maintain that the abuse continued in 1996, pointing to an incident in which Doan smashed the windows of Carrie's car as she sat in the vehicle. Although Carrie allegedly reported the incident to the Village of Blanchester Police Department, Plaintiffs assert that no charges were ever filed against Doan and the abuse by Doan intensified.

For example, Plaintiffs allege that Doan subsequently attacked Carrie in April, July, and August of 1996. As a result of the April 1996 attack, Plaintiffs contend that Doan caused injuries to Carrie's head and kidneys. Thereafter, Carrie allegedly filed a report with the Village police, however, the police did not bring any charges against Doan. On July 5, 1996, Plaintiffs allege that Doan forced his way into Carrie's home and threatened her in order to prevent Carrie from having any contact with other men.

During this incident, Doan allegedly pushed Carrie's mother, Debra Culberson, in an unsuccessful attempt to assault Carrie. Debra Culberson also filed a criminal report with the Village police regarding the incident, but asserts that, the police did not respond to the report, and, thus, the abuse was allowed to continue.

For instance, on July 28, 1996, Plaintiffs allege that Doan again attacked Carrie when she came to his house while on an errand. Plaintiffs assert that, during this assault, he threw Carrie across a room and struck her in the head with a metal object, causing her to need surgical staples in her scalp. Carrie again sought criminal charges after this attack through the Village police. However, according to Plaintiffs, Carrie's attempts to get help were again unsuccessful and Doan was never investigated or arrested for his assaults that were inflicted upon her. On August 26, 1996, approximately three days before Doan allegedly murdered Carrie, Plaintiffs assert that he held her at gunpoint in a barn located within the area of the Village of Blanchester.

On August 29, 1996, at approximately 12:20 a.m., a neighbor of Doan witnessed him hitting Carrie in the head. At approximately 1:30 a.m., Doan allegedly spoke with his father, Lawrence Baker, on the telephone about an undisclosed matter. At 3:15 a.m., Doan allegedly arrived at the residence of his brother, Tracey Baker, with blood on his chest, arms, and pants. Doan then allegedly took a shower and left the residence with Tracey Baker, who was carrying a handgun and garbage bags.

On the same morning of August 29, 1996, at approximately 11:00 a.m., Debra Culberson reported her daughter missing to the Village of Blanchester Police Chief, Defendant Payton. Debra Culberson also reminded Chief Payton at that time of the previous threats Doan had made to Carrie and the criminal reports filed by Carrie during the preceding weeks. Plaintiffs contend that Chief Payton responded with the question, "Why does she [Carrie] keep going back to it?" (doc. 1 ¶ 21). Plaintiffs assert that Chief Payton did not investigate Doan, but went instead to Lawrence Baker's home later that day and allegedly warned him that Carrie had been reported missing and that Doan would be a suspect.

Lawrence Baker's home is located within the jurisdiction of Clermont County, and is, therefore, located outside the jurisdiction of Clinton County, and, thus, allegedly outside of the jurisdiction of Chief Payton (see docs. 128 & 131).

On September 3, 1996, the Village's police department, along with other law enforcement personnel from surrounding jurisdictions, performed a search of Lawrence Baker's junk yard, which, as stated earlier, was actually located in Clermont County. Specifically, this search was conducted by law enforcement officers from the Clermont County Sheriff's Office, the Brown County Sheriff's Office, and the Village of Blanchester's Police Department. However, according to Plaintiffs, Chief Payton was either the lead law enforcement official on the scene or the officer who was in charge of the actual search of Lawrence Baker's property.

During the September 3, 1996-search, a blood hound and a cadaver dog brought a small pond located on Lawrence Baker's property to the attention of the search team, indicating that the dogs may have detected Carrie's scent. The search team officers allegedly informed Chief Payton that they wanted the pond drained on the Baker Family property, however, Chief Payton inexplicably declined to proceed with the search that day and advised everyone to leave the premises. Lawrence Baker was supposedly present during the search, as well as a witness to its termination. When the pond was drained the next day, footprints were visible on the bottom of the pond and a muddy path of weeds led away from the pond, which possibly indicated that something or someone was recently removed from the pond, or that someone had recently entered the pond.

Carrie's disappearance was eventually ruled a homicide even though her body was never found. Subsequently, Doan was charged with Carrie's murder. Tracey Baker was charged with obstruction of justice, tampering with evidence, and gross abuse of a corpse. Lawrence Baker was also criminally charged in Carrie's disappearance.

On August 7, 1997, a jury found Doan guilty of aggravated murder with one capital offense specification, and three counts of kidnaping in the Clinton County Court of Common Pleas.¹ He was sentenced to life imprisonment without parole. Tracey Baker's trial began in the Clinton County Court of Common Pleas on May 20, 1998. On June 4, 1998, a jury found Tracey Baker guilty of two counts of obstruction of justice and one count of tampering with evidence. Tracey Baker was found not guilty of gross abuse of a corpse. The trial...