Dale Helmig v. Carl Fowler
2016 U.S. App. LEXIS 12684
| 8th Cir. | 2016Background
- Norma Helmig was murdered in July 1993; her son, Dale Helmig, was tried, convicted of first-degree murder in 1996, and sentenced to life without parole. The conviction was later vacated by the Missouri Court of Appeals in 2011 and the State declined to retry him.
- Helmig sued Sheriff Carl Fowler and Deputy Paul Backues (and others) under 42 U.S.C. § 1983, alleging failure to disclose exculpatory evidence (Brady), fabrication of evidence, and conspiracy to deprive him of a fair trial; Monell and other claims were dismissed below and are not pursued on appeal.
- At trial, evidence was circumstantial; relevant disputed facts included (1) whether Norma had repeatedly contacted Sheriff Fowler about fear of her estranged husband Ted, (2) whether an alleged altercation between Dale and Norma at the Country Kitchen existed or was unsubstantiated, and (3) whether officers suppressed or fabricated evidence.
- Helmig contended officers failed to disclose (pre-trial) that the Country Kitchen report was unsubstantiated and that Norma contacted Fowler 5–15 times expressing safety concerns; he also claimed those omissions supported a conspiracy theory.
- The district court granted summary judgment for defendants on the § 1983 Brady, fabrication, and conspiracy claims; the Eighth Circuit affirmed, concluding no Brady violation by the officers, absolute immunity for trial testimony, and insufficient evidence of a conspiratorial agreement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Brady liability for officer nondisclosure of exculpatory/impeachment evidence | Helmig: Fowler and Backues failed to disclose material exculpatory evidence (Norma’s 5–15 contacts and the unsubstantiated Country Kitchen report), depriving him of a fair trial | Defendants: No pretrial knowledge of the unsubstantiated Country Kitchen report; information about Norma’s contacts was cumulative/known to defense or turned over to prosecutors; no bad faith or intent to suppress | No Brady § 1983 liability — evidence cumulative or disclosed to defense/prosecution; officers lacked bad faith intent required for § 1983 recovery from investigating officers |
| Immunity for allegedly false or misleading testimony about the Country Kitchen report | Helmig: Fowler’s testimony suggesting knowledge of an altercation was misleading and amounted to fabrication | Fowler: Trial testimony is protected by absolute witness immunity | Held: Absolute immunity shields Fowler from civil liability for testimony-related allegations |
| Fabrication of evidence claim (beyond trial testimony) | Helmig: Officers fabricated or misrepresented investigative facts to implicate him | Defendants: No evidence of fabrication; disputed facts do not show intentional falsification or suppression | Held: Summary judgment proper — plaintiff produced insufficient evidence of fabrication by officers |
| § 1983 conspiracy to deprive fair trial | Helmig: Failures to disclose and alleged fabrication were overt acts in furtherance of a conspiracy between officers and prosecutors | Defendants: No evidence of an agreement or meeting of the minds; actions explained by investigation and prosecution, not conspiracy | Held: Summary judgment proper — no evidence from which a reasonable juror could infer an agreement to deprive constitutional rights |
Key Cases Cited
- Brady v. Maryland, 373 U.S. 83 (1963) (prosecution must disclose materially favorable evidence)
- Briscoe v. LaHue, 460 U.S. 325 (1983) (absolute immunity for witnesses for testimony-related civil claims)
- United States v. Bagley, 473 U.S. 667 (1985) (materiality standard for nondisclosed impeachment evidence)
- Villasana v. Wilhoit, 368 F.3d 976 (8th Cir. 2004) (officer Brady liability under § 1983 requires intentional suppression/bad faith)
- California v. Trombetta, 467 U.S. 479 (1984) (addressing preservation and disclosure duties for potentially exculpatory evidence)
- White v. McKinley, 519 F.3d 806 (8th Cir. 2008) (investigating officer’s Brady duties and requirement of bad faith for § 1983 liability)