David Gavitt v. Bruce Born
835 F.3d 623
6th Cir.2016Background
- In 1986 David Gavitt was convicted of arson and felony murder for a 1985 house fire that killed his wife and two daughters; he received concurrent life sentences.
- Advances in fire science (notably NFPA 921 and improved understanding of "flashover") led experts retained by the Innocence Clinic to conclude the fire’s origin was undetermined and that prior indicators of arson were unreliable.
- In June 2012 the state prosecutor agreed there was newly discovered evidence and stipulated to vacatur of Gavitt’s conviction, dismissal of charges, and Gavitt’s release.
- Gavitt then sued under 42 U.S.C. § 1983 and related theories, alleging intentional fabrication/misrepresentation of evidence, Brady violations, and conspiracy against multiple prosecutors, MSP detectives, city and county officials, and a deceased MSP lab technician (DeVries’ Estate).
- The district court dismissed all claims against all defendants except it denied the Estate of DeVries’ motion to dismiss (qualified immunity) as to pretrial investigatory acts; that denial produced an interlocutory appeal which was later dismissed for lack of jurisdiction.
- On appeal, the Sixth Circuit reviewed de novo the Rule 12(b)(6)/(c) dismissals and affirmed dismissal of the remaining claims, finding plaintiffs’ allegations speculative and insufficient to show intentional or reckless conduct violating a clearly established due process right.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether interlocutory denial of qualified immunity re: DeVries is appealable | Gavitt pleaded knowing fabrication by DeVries; allegations must be accepted | Estate argued public record rebutted allegations so claim implausible and appealable | Appeal dismissed for lack of appellate jurisdiction; the challenge was a fact-based attack beyond collateral-order review |
| Whether detectives’ (Fatchett & Kalman) alleged misrepresentation of investigation supports § 1983 due-process claim | Kalman/Fatchett falsely stated they "eliminated all accidental causes" and knowingly misrepresented investigation completeness | Defs: statement was a summary of a multi-page report consistent with 1980s standards; at most negligence; absolute immunity applies to testimony; no clearly established duty to conduct a better investigation | Dismissed: allegations speculative, insufficient to plausibly plead intentional or reckless misconduct; qualified immunity protects them |
| Whether conspiracy claim (skull session) against prosecutor and officers states plausible § 1983 claim | Alleged March 12,1985 meeting evidences a pact to falsely conclude arson and conceal exculpatory evidence | Defs: allegations conclusory, lack specific facts; prosecutorial absolute immunity for judicial acts; officers’ duty to disclose satisfied if they informed prosecutor; no post-conviction Brady duty | Dismissed: conspiracy claims not pled with required specificity and categorically unsupported by public record and experts’ own affidavits |
| Whether MSP defendants’ Brady/failure-to-disclose claims survive dismissal | Gavitt alleges lab contamination and false-positive history were withheld before and after trial | Defs: officers satisfied duty by reporting to prosecutor; no post-conviction constitutional disclosure obligation; allegations speculative | Dismissed: insufficiently specific; Osborne bars post-conviction disclosure claim and qualified immunity applies |
Key Cases Cited
- Plumhoff v. Rickard, 134 S. Ct. 2012 (2014) (collateral-order doctrine governs interlocutory appealability of qualified immunity denials)
- McDonald v. Flake, 814 F.3d 804 (6th Cir.) (qualified immunity at pleading stage; limits on fact-based interlocutory appeals)
- DiLuzio v. Village of Yorkville, Ohio, 796 F.3d 604 (6th Cir.) (distinguishing pure legal questions from evidence-sufficiency appeals)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (pleading must state a plausible claim beyond speculative allegations)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (legal conclusions not entitled to assumption of truth; plausibility standard)
- Pearson v. Callahan, 555 U.S. 223 (2009) (qualified immunity framework and early resolution of immunity questions)
- Mitchell v. Forsyth, 472 U.S. 511 (1985) (qualified immunity shields against suit and discovery absent clearly established law)
- Harlow v. Fitzgerald, 457 U.S. 800 (1982) (objective standard for qualified immunity)
- Sykes v. Anderson, 625 F.3d 294 (6th Cir.) (fabrication of facts necessary to establish probable cause constitutes constitutional violation)
- D'Ambrosio v. Marino, 747 F.3d 378 (6th Cir.) (officers discharge Brady duty by disclosing exculpatory material to prosecutor)
- Koubriti v. Convertino, 593 F.3d 459 (6th Cir.) (scope of prosecutorial absolute immunity)
- Yancey v. Carroll County, Ky., 876 F.2d 1238 (6th Cir.) (no constitutional claim for merely inadequate investigation)