Hakken v. Washtenaw County

901 F. Supp. 1245

Kathleen HAKKEN, Plaintiff, v. WASHTENAW COUNTY, Washtenaw County Sheriff Ronald Schebil, Washtenaw County Deputy Kevin Deacons, Washtenaw County Deputy Robert Mills, III, Washtenaw County Deputy William Coggins, and Michigan State Police Sergeant Sebring, Defendants.

No. 94-CV-70481-DT.

United States District Court, E.D. Michigan, Southern Division.

September 29, 1995.

James R. Stearns, Foley & Stearns, Dearborn, MI, for Kathleen Hakken.

Curtis N. Hedger, Washtenaw County Prosecutor's Office, Ann Arbor, MI, Ian J. Reach, Reach & Hollenshead, Ann Arbor, MI, Robert E. Guenzel, Nichols, Sacks, Slank & Sweet, Ann Arbor, MI, for County of Washtenaw, Washtenaw County Sheriff's Dept., Robert Schebil, Kevin Deacons, Robert Mills, III, William Coggins and Sergeant Sebring.

Michael C. McDaniel, Michigan Department of Attorney General, Tort Defense Division, Lansing, MI, for Michigan Department of State Police.

MEMORANDUM OPINION AND ORDER

HOOD, District Judge.

I. INTRODUCTION/FACTS:

This matter is now before the Court on the Washtenaw County Defendants' Motion for Summary Judgment. Responses were filed and a hearing held on the matter.

Plaintiff alleges a Section 1983 claim against Defendants claiming that Defendants' policies in handling domestic abuse cases violate the equal protection clause. Plaintiff brought the suit for herself alleging that from April 1985 through October 1991, her former husband repeatedly assaulted Plaintiff and her children, that Defendants were contacted repeatedly regarding these assaults and that the Sheriff's Department did not enforce the laws prohibiting such conduct. Plaintiff also brought suit against Defendants on behalf of her decedent daughter alleging that Defendants failed to arrest Jason Briggs, her daughter's boyfriend, on February 13, 1993. Ten days later, Jason Briggs shot her daughter while asleep in her bed.

A. Facts as to Plaintiff's own cause of action

On April 6, 1985, Plaintiff married her second husband, Neal Hakken. Plaintiff asserts that she and her children were verbally, physically and emotionally abused by Neal Hakken. Plaintiff further asserts that these physical assaults were reported to the Washtenaw County Sheriff's Department on several occasions. Plaintiff described four incidents in her affidavit, one of which led to prosecution and conviction.

B. Facts as to Greta Slusher's death

In 1992, Jason Briggs and Greta Slusher began dating. Greta was twelve years old and Jason was sixteen at that time. According to Plaintiff, Jason became obsessed with Greta and he began staying at the Hakken residence starting sometime in the middle of their relationship. Plaintiff asserts that she did not approve of her daughter's relationship with Jason Briggs but was afraid that if she forbade her daughter from seeing Jason, they would run off together. In late 1992, Plaintiff states that she was concerned about the relationship and called the Washtenaw County Sheriff's Department on at least three occasions asking them to get Greta away from Jason but the deputies declined to assist Plaintiff stating that there was nothing they could do if Greta went voluntarily with Jason. In January 1993, Jason began staying in Greta's bedroom at night by climbing in through her window after the family was asleep. Plaintiff asserts that she called the police and asked them to remove Jason Briggs from her property and was told that if Jason Briggs returned to the property he would be arrested for trespassing.

In the early morning hours of February 13, 1993, Jason and Greta, along with Jason's sister, Sandy, and her boyfriend, Chris Petersen, were visiting Chris Petersen's house in Lenawee County. Chris Petersen agreed to drive Greta back to her house in Grass Lake which is located in Washtenaw County. Jason and Greta were in the back seat while Sandy sat in front with Chris Petersen. According to Plaintiff's Second Amended Complaint, the assault occurred in Lenawee County. Chris Petersen and Sandy Briggs claim that they did not see the incident, although they heard a commotion in the backseat. Chris Petersen dropped Jason and Greta off at Greta's driveway and contacted the Washtenaw County Sheriff's Department to have a car sent to Plaintiff's residence.

Plaintiff also received a call from Sandy Briggs who told her that Jason was beating Greta up and that Chris Petersen had dropped them off at the end of her driveway. Plaintiff states she got into her car and went looking for Greta. She could not find Greta and eventually returned to the house where she found Greta sobbing and shaking. Plaintiff noticed that her face and neck were covered with red blotches. Greta told her mother that Jason had attempted to kill her by strangling her. At approximately 3:00 a.m., three Washtenaw County Sheriff Deputies arrived at Plaintiff's home. Greta told the deputies that Jason had strangled her in the back of the car and that she passed out and did not revive until the car came into Manchester. The deputies told Plaintiff that the strangulation occurred in Lenawee County and there was nothing they could do. According to Deputy Deacon's affidavit, he had asked Greta if Jason Briggs had done anything to her after they re-entered Washtenaw County which would justify his arrest and Greta had answered no. Plaintiff states that at her request, Deputy Deacons called the Lenawee County Sheriff's Department and asked them to send a car for Jason and was told that they did not have a car available. Plaintiff requested that they arrest Jason for trespassing but the deputies stated that they could not because Greta had allowed him on the property. The deputies did look for Jason and found him in a car on Plaintiff's property and escorted Jason to his father's home in Manchester. According to Plaintiff, Jason admitted to the deputies that he attempted to kill Greta but despite the confession, they did not arrest him. Deputy Deacon urged Jason's father to take Jason to the University of Michigan Psychiatric Hospital for evaluation which he did later that day. The hospital refused to admit Jason. Later that day, Jason and his father attended an interview with the Michigan State Police in Adrian. At that time, Jason admitted choking Greta in the car and again in the driveway. The State Police chose not to arrest Jason at that time but released him to his father's custody. During the early morning hours of February 23, 1993, Jason killed Greta while she slept in her bed and later that morning, he committed suicide.

II. ANALYSIS:

A. Standard of Review.

Defendants Washtenaw County, Washtenaw County Sheriff Ronald Schebil, Washtenaw County Deputies Kevin Deacons, Robert Mills, III and William Coggins, move for summary judgment pursuant to Fed. R.Civ.Proc. 12(b)(6) and Fed.R.Civ.Proc. 56(b). Rule 12(b)(6) provides for a motion to dismiss for failure to state a claim upon which relief can be granted. This type of motion tests the legal sufficiency of the plaintiff's Complaint. Davey v. Tomlinson, 627 F.Supp. 1458, 1463 (E.D.Mich.1986). In evaluating the propriety of dismissal under Rule 12(b)(6), the factual allegations in the Complaint must be treated as true. Janan v. Trammell, 785 F.2d 557, 558 (6th Cir.1986). If matters outside the pleading are presented in a Rule 12(b)(6) motion, the motion shall be treated as one for summary judgment under Rule 56(b) and disposed of as provided in Rule 56. Because matters outside the pleadings have been presented by both parties, the instant motion shall be considered a motion for summary judgment under Rule 56(b).

Rule 56(c) provides that summary judgment should be entered only where "the pleadings, depositions, answers to the interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." The presence of factual disputes will preclude granting of summary judgment only if the disputes are genuine and concern material facts. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). A dispute about a material fact is "genuine" only if "the evidence is such that a reasonable jury could return a verdict for the non-moving party." Id. Although the Court must view the motion in the light most favorable to the nonmoving party, where "the moving party has carried its burden under Rule 56(c), its opponent must do more than simply show that there is some metaphysical doubt as to the material facts." Matsushita Electric Industrial Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 1355, 89 L.Ed.2d 538 (1986); Celotex Corp. v. Catrett, 477 U.S. 317, 323-24, 106 S.Ct. 2548, 2552-2553, 91 L.Ed.2d 265 (1986). Summary judgment must be entered against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial. In such a situation, there can be "no genuine issue as to any material fact," since a complete failure of proof concerning an essential element of the nonmoving party's case necessarily renders all other facts immaterial. Celotex Corp., 477 U.S. at 322-23, 106 S.Ct. at 2551-2552. A court must look to the substantive law to identify which facts are material. Anderson, 477 U.S. at 248, 106 S.Ct. at 2510.

B. Section 1983/Equal Protection Standard.

Section 1983 of 42 United States Code provides:

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper

...