George Marvaso v. Richard Sanchez
971 F.3d 599
| 6th Cir. | 2020Background
- In May 2013 a fire at Marvaso’s Italian Grille and adjacent business killed a probationary firefighter; initial investigations (fire department, insurer, landlord) found no accelerants or classified cause as "undetermined." MIOSHA later cited the Fire Department for safety violations.
- Plaintiffs allege Fire Marshal John Adams, Fire Chief Michael Reddy Jr., and retired Chief Michael Reddy Sr. conspired to change Adams’s cause-and-origin finding to "incendiary" to divert blame from the department, and Adams submitted the false report to the Michigan State Police.
- The allegedly false report triggered a Michigan State Police homicide/arson investigation, search warrants, seizures, and business/financial harms to Plaintiffs; no criminal charges were ultimately filed.
- Plaintiffs separately allege Lieutenant Richard Sanchez knowingly included false statements and omitted material facts in affidavits supporting search warrants for Plaintiffs’ homes, violating the Fourth Amendment.
- The district court denied motions to dismiss by Adams, Reddy Jr., Reddy Sr., and Sanchez; on appeal the Sixth Circuit dismissed Reddy Sr.’s appeal for lack of jurisdiction and affirmed denial of dismissal as to Adams, Reddy Jr., and Sanchez.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appellate jurisdiction exists over Reddy Sr.’s appeal | Reddy Sr. is a proper §1983 defendant; district denial reviewable | Reddy Sr. is a private actor not entitled to qualified immunity, so interlocutory appeal under qualified-immunity exception is unavailable | Dismissed for lack of jurisdiction (no qualified-immunity interlocutory appeal) |
| Whether Plaintiffs plausibly pleaded a §1983 civil conspiracy against Adams and Reddy Jr. | Complaint alleges a meeting/agreement to change cause, overt act (Adams’s false report), and resulting searches/seizures | Defendants contend allegations lack specificity, intracorporate-doctrine bars conspiracy, and causation is lacking | Pleading sufficient to survive Rule 12(b)(6); single plan, objective, and overt act plausibly alleged |
| Whether Adams and Reddy Jr. are entitled to qualified immunity at pleading stage | Plaintiffs: fabrication of evidence is clearly established constitutional violation | Defendants: qualified immunity applies; factual issues preclude denial | Denial of qualified immunity affirmed; factual development required and fabrication-of-evidence prohibition was clearly established |
| Whether Sanchez is entitled to qualified immunity for executing warrant affidavits | Plaintiffs: Sanchez knowingly made material falsehoods/omissions in affidavit; magistrate reliance excused only absent deliberate falsity or reckless disregard | Sanchez: relied in objective good faith on judicially issued warrants; affidavit supported probable cause | Denial of dismissal affirmed; reliance-on-warrant defense fails where affidavit contains alleged material falsities/omissions and summary-judgment/ discovery is the proper vehicle to test factual disputes |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (pleading standard for facial plausibility and qualified-immunity interlocutory review)
- Harlow v. Fitzgerald, 457 U.S. 800 (1982) (qualified immunity standard)
- Courtright v. City of Battle Creek, 839 F.3d 513 (6th Cir. 2016) (limits on interlocutory appeals and qualified-immunity review)
- Wesley v. Campbell, 779 F.3d 421 (6th Cir. 2015) (generally disfavoring dismissal on qualified-immunity grounds at pleading stage)
- Mills v. Barnard, 869 F.3d 473 (6th Cir. 2017) (recognizing fabrication-of-evidence violates clearly established law)
- Gregory v. City of Louisville, 444 F.3d 725 (6th Cir. 2006) (officers cannot rely on magistrate determinations premised on officer misrepresentations)
- Messerschmidt v. Millender, 565 U.S. 535 (2012) (good-faith reliance on magistrate is strong evidence of objective reasonableness)
- Illinois v. Gates, 462 U.S. 213 (1983) (probable cause standard for warrants; ‘‘totality of the circumstances’')
- Jackson v. City of Cleveland, 925 F.3d 793 (6th Cir. 2019) (intracorporate-conspiracy doctrine and its exception when defendants act outside scope of employment)
- Vakilian v. Shaw, 335 F.3d 509 (6th Cir. 2003) (pleading requirement for deliberate falsehood or reckless disregard in warrant affidavits)