McCoy v. Favata

ISAIAH W. MCCOY, Plaintiff, v. R. DAVID FAVATA, et al., Defendants.

C.A. No. 17-1046 (MN)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

April 21, 2020

MEMORANDUM OPINION

Herbert W. Mondros, Krista M. Reale, MARGOLIS EDELSTEIN, Wilmington, DE - attorneys for Plaintiff

Aaron R. Goldstein, Joseph C. Handlon, Stephen M. Ferguson, Deputy Attorneys General, STATE OF DELAWARE DEPARTMENT OF JUSTICE, Wilmington, DE - attorneys for Defendants Matthew Denn, Gregory Babowal, Stephen Smith, and Deborah Weaver

George T. Lees, III, Deputy Attorney General, STATE OF DELAWARE DEPARTMENT OF JUSTICE, Wilmington, DE - attorney for Defendants Robert M. Coupe, Nathaniel McQueen, Jr., and Mark Ryde

Ryan P. Connell, Deputy Attorney General, STATE OF DELAWARE DEPARTMENT OF JUSTICE, Wilmington, DE - attorney for Robert M. Coupe, David Pierce, Marcello Rispoli, Todd Drace, and George Gill

Scott G. Wilcox, MOORE AND RUTT, P.A., Wilmington, DE - Attorneys for Defendant Anthony DiGirolomo

April 21, 2020

Wilmington, Delaware

NOREIKA, U.S. DISTRICT JUDGE:

Before the Court are four motions to dismiss for failure to state a claim filed by: (1) Defendants Robert Coupe (in his capacity as Commissioner of the Delaware Department of Corrections), David Pierce, Marcello Rispoli, Todd Drace, and George Gill ("the DOC Defendants") (D.I. 70); (2) Defendants Nathaniel McQueen, Jr., Mark Ryde, and Robert Coupe (in his capacity as Superintendent of the Delaware State Police) ("the DSP Defendants") (D.I. 72); (3) Defendants Gregory Babowal, Matthew Denn, Stephen Smith, and Deborah Weaver ("the Prosecutor Defendants") (D.I. 74); and (4) Defendant Anthony DiGirolomo (D.I. 81). Together, the motions seek dismissal of all remaining claims in this suit.¹ Plaintiff opposes the motions. (D.I. 78-80, 90).

For the reasons set forth below, the Court will GRANT the motions to dismiss filed by the DSP Defendants (D.I. 72), the Prosecutor Defendants (D.I. 74), and Defendant DiGirolomo (D.I. 81). It will also GRANT the motion to dismiss filed by the DOC Defendants (D.I. 70) as to Defendants Coupe and Pierce, but will DENY that motion as to Defendants Rispoli, Drace, and Gill.

I. BACKGROUND

This litigation stems from the investigation, prosecution, conviction, and incarceration of Plaintiff Isaiah McCoy ("Plaintiff" or "McCoy") for the May 4, 2010 murder of James Munford. (D.I. 66 ¶¶ 1-17). On July 6, 2010, Plaintiff was indicted for the murder of Munford. See State v. McCoy, No. 1005008059A, 2012 WL 5552033, at *1 (Del. Super. Ct. Oct. 11, 2012). His first trial was prosecuted by former Defendant R. David Favata and Weaver. (D.I. 66 ¶¶ 38, 48).During that trial, Plaintiff represented himself pro se with the aid of stand-by counsel. (See, e.g., id. ¶¶ 199, 208). On June 29, 2012, the jury returned a guilty verdict against Plaintiff for the murder. (Id. ¶ 193). On October 11, 2012, the court sentenced Plaintiff to death. (Id. ¶ 196).

Thereafter, Plaintiff filed for post-conviction relief and, on January 20, 2015, the Delaware Supreme Court reversed his conviction and remanded the case for a new trial. (Id. ¶ 214). Explaining the reversal, the Delaware Supreme Court noted that the trial court had committed a "reverse-Batson" error and Favata had engaged in a number of improper actions during the prosecution. See generally McCoy v. State, 112 A.3d 239 (Del. 2015). The Delaware Supreme Court also found that, "[a]lthough there was no physical evidence linking McCoy to the crime, the record does not support McCoy's argument that the evidence was insufficient to convict him." Id. at 268.

Plaintiff's second trial began on January 9, 2017. (D.I. 66 ¶ 253). The second trial was prosecuted by Defendants Babowal and Smith. (Id. ¶¶ 53-59). McCoy was represented by counsel. (Id. ¶ 248). On January 19, 2017, he was found not guilty of the murder and released from prison. (Id. ¶¶ 255, 258).

On July 28, 2017, Plaintiff filed this lawsuit. (D.I. 1 ("Original Complaint")). The Original Complaint included seven counts raising theories of liability under federal and state law against twelve defendants. (Id.). On March 29, 2019, this Court granted motions to dismiss filed by the DSP Defendants, the DOC Defendants, and the Prosecutor Defendants, dismissing all claims against those parties without prejudice. (D.I. 64 ("First Opinion"); D.I. 65). On April 22, 2019, Plaintiff filed an amended complaint. (D.I. 66 ("Amended Complaint")). The Amended Complaint includes fourteen counts and adds a defendant, Anthony DiGirolomo. (Id.).

The core facts alleged in the Amended Complaint, however, remain similar to those alleged in the Original Complaint. Thus, rather than summarize them here, the Court will discuss them (and Plaintiff's modifications to the Original Complaint) as necessary in its analysis below.

II. LEGAL STANDARDS

When a complaint is challenged by a Rule 12(b)(6) motion to dismiss, the Court conducts a two-part analysis. Fowler v. UPMC Shadyside, 578 F.3d 203, 210 (3d Cir. 2009). First, the Court separates the factual and legal elements of a claim, accepting "all of the complaint's well-pleaded facts as true, but [disregarding] any legal conclusions." Id. at 210-11. Second, the Court determines "whether the facts alleged in the complaint are sufficient to show . . . a 'plausible claim for relief.'" Id. at 211 (quoting Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009)). To withstand a Rule 12(b)(6) motion to dismiss, a complaint must contain "sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.'" Iqbal, 556, U.S. at 678 (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). A claim is facially plausible where "the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Iqbal, 556 U.S. at 678. "A pleading that offers 'labels and conclusions' or 'a formulaic recitation of the elements of a cause of action will not do.'" Id. (internal citations omitted).

"In deciding a Rule 12(b)(6) motion, a court must consider only the complaint, exhibits attached to the complaint, matters of public record, as well as undisputed authentic documents if the complainant's claims are based upon these documents." Mayer v. Belichick, 605 F.3d 223, 230 (3d Cir. 2010). The Court is not obligated to accept as true "bald assertions" or "unsupported conclusions and unwarranted inferences." Morse v. Lower Merion Sch. Dist., 132 F.3d 902, 906 (3d Cir. 1997). Instead, "[t]he complaint must state enough facts to raise a reasonable expectationthat discovery will reveal evidence of [each] necessary element" of a plaintiff's claim. Wilkerson v. New Media Tech. Charter Sch. Inc., 522 F.3d 315, 321 (3d Cir. 2008) (internal citations omitted).

III. DISCUSSION

Counts I through VII, IX², X, and XIV of the Amended Complaint include claims against the movant Defendants. Counts VIII, XI, XII, and XIII are alleged only against former Defendant Favata, who has been dismissed from this case without prejudice pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. (See D.I. 98).³

A. Counts I and III: Malicious Prosecution and Substantive Due Process Claims Against Defendant Ryde

Counts I and III are asserted against Defendant Ryde, a homicide detective with the Delaware State Police ("DSP") and the lead detective assigned to investigate the murder of James Munford. (D.I. 66 ¶¶ 60-62). Much like those in the Original Complaint, the Amended Complaint's claims against Ryde relate to Plaintiff's allegation that Ryde's investigation was "constitutionally defective." (Id. ¶ 63).

Plaintiff alleges that Ryde "conspired with Favata and DiGirolomo" to investigate, prosecute, and execute Plaintiff for Munford's murder, despite knowing that Plaintiff was not involved in that incident. Ryde also allegedly "arrested Dashaun White and Reykeisha Williams for the murder of Mr. Munford, suggested to both that Plaintiff was the shooter, and "coerced" both to provide statements and testimony implicating Plaintiff. (Id. ¶¶ 64-65, 73). Plaintiff furtheralleges that Ryde, "[i]n conjunction with Defendants Favata and Weaver . . . offered sweet plea deals to White and Williams" to testify against Plaintiff, "made knowingly false statements and failed to disclose material information" in the affidavit he submitted to obtain an arrest warrant for Plaintiff ("the Ryde Affidavit"), and "provided false statements to the grand jury leading to the indictment of Plaintiff." (Id. ¶¶ 66-67, 75-76).

According to the Amended Complaint, Ryde also "failed to conduct an investigation to discover evidence that would have corroborated or refuted the patently incredible and ever-changing versions of the stories told by White and Williams" and "employed discredited interrogation techniques including lying to White and Williams in order to induce them to provide false testimony against Plaintiff." (Id. ¶¶ 74, 155). Plaintiff alleges that Ryde materially misstated various facts in the Ryde Affidavit by: making certain statements about the content of the surveillance video of Munford's murder that could not be "reasonably concluded" from that video; inappropriately referring to Williams as a "victim"; omitting that Williams did not mention Plaintiff when she was first interviewed by police about the murder; and "fail[ing] to note that of the eight witnesses interviewed only two, both of whom were implicated in the shooting and received leniency for implicating [Plaintiff], identified [Plaintiff] as being present at the shooting." (Id. ¶¶ 68-72, 158). Plaintiff further alleges that Ryde did not consult detectives trained in gunshot residue analysis and failed to re-interview certain witnesses, and no detective was asked or made any attempt to reconstruct the Munford shooting. (Id. ¶¶ 161, 166, 177).

Counts I and III assert claims for malicious prosecution and substantive due process violations, respectively. Like those...