565 F.Supp.3d 51
D. Mass.2021Background
- On Jan. 7, 1994 Daniel Rodriguez was murdered in Lynn, MA; Isidoro Rodriguez was the principal eyewitness and initially identified nobody clearly but later pointed to two men after encountering them at a barber shop/restaurant.
- Investigators (Lynn PD and MSP/CPAC) showed mug books and photo arrays; Isidoro twice stopped on a photo of Mariano Bonifacio and later identified the plaintiff (Angel Echavarria) in subsequent arrays and a live line-up; Bonifacio-related materials and some investigatory notes/criminal-history prints were not disclosed to defense.
- MSP hat with MSP insignia was recovered at the scene months later; a witness (Gary Sevinor) whose testimony linked to that hat surfaced later and offered equivocal identifications; video evidence referenced by investigators was never produced.
- Plaintiff was arrested Jan. 17, 1994, tried and convicted; conviction was vacated in 2015 (ineffective assistance and withheld impeachment/exculpatory evidence), prosecution declined retrial; Plaintiff sued under § 1983, state law and MCRA.
- Court considered multiple summary-judgment motions: it granted summary judgment for several defendants (Zuk, Cooney, Rowe, Luise, Scannell, Gokas) and denied or denied-in-part as to others (Garvin, Roach, Guillermo, Hollow, and the City); surviving claims include due-process (Brady/fabrication/ID), Monell failure-to-train/policy, conspiracy and IIED against three officers, and certain negligence claims against the City.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Suppression of exculpatory evidence (Bonifacio materials, criminal histories, notes) | Evidence that investigators (esp. Roach, Garvin, Guillermo) withheld material Brady/impeachment evidence that would have undermined eyewitness ID and altered trial outcome | Defendants say materials were non-material or disclosed, or not in their control; prosecution/DA controlled disclosure; some items inadmissible hearsay | Triable issue re: Garvin, Roach, Guillermo (Brady/fabrication theories survive); summary judgment for Zuk, Cooney, Luise, Scannell, Gokas on suppression claims |
| Fabrication of evidence (Sevinor, MSP hat, reports about Rincon Criollo) | Officers fabricated or manufactured witnesses/records (e.g., Sevinor presence, reports of Isidoro’s restaurant ID, MSP-hat linkage) to create probable cause | Defendants deny fabrication; point to trial testimony, reports, and lack of evidence tying many officers to fabrication | Jury question remains against Garvin, Roach, Guillermo; no genuine issue re fabrication as to Zuk, Cooney, Luise, Scannell, Gokas (summary judgment for those) |
| Unduly suggestive identification procedures (mug books, photo arrays, live line-up, show-up) | Repeated/photo-composition procedures were suggestive and rendered IDs unreliable (esp. post-arrest arrays) | Defendants contend initial spontaneous ID at restaurant was non-suggestive and later procedures did not taint reliability | Court rejects summary judgment for Garvin and Roach on suggestiveness; grants Guillermo summary judgment as to this theory; Luise/Scannell/Gokas entitled to summary judgment re suggestive-ID theory |
| Municipal/supervisory liability (Monell; Hollow/Rowe failure to train/policies) | City/Hollow failed to train, adopt policies, or supervise re: disclosure of exculpatory evidence; single-incident liability applies given obvious risk to fair-trial rights | City/defendants contend DA and MSP ran homicide investigation, no pattern of violations, no notice to City; Rowe had no causal role | City claim survives against failure-to-train/policy theory; Hollow survives on supervisory theory (triable); Rowe entitled to summary judgment on supervisory theory |
Key Cases Cited
- Brady v. Maryland, 373 U.S. 83 (1963) (prosecution’s suppression of favorable, material evidence violates due process)
- United States v. Bagley, 473 U.S. 667 (1985) (materiality standard for impeachment/Brady evidence)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (individual liability under § 1983 requires personal involvement)
- Monell v. Dep’t of Soc. Servs. of City of New York, 436 U.S. 658 (1978) (municipal liability requires official policy or custom causing the violation)
- Connick v. Thompson, 563 U.S. 51 (2011) (limits on single-incident municipal liability; police vs. prosecutors distinction)
- Limone v. Condon, 372 F.3d 39 (1st Cir. 2004) (fabrication of evidence violates due process)
- Drumgold v. Callahan, 707 F.3d 28 (1st Cir. 2011) (law enforcement duty to disclose favorable material; deliberate suppression actionable)
- United States v. De León-Quiñones, 588 F.3d 748 (1st Cir. 2009) (two-step test for suggestive identifications and reliability factors)
- United States v. Crews, 445 U.S. 463 (1980) (effect of prior unlawful police action on later in-court identification)
- Mlodzinski v. Lewis, 648 F.3d 24 (1st Cir. 2011) (qualified immunity framework for § 1983 claims)