Joe D'Ambrosio v. Carmen Marino
2014 U.S. App. LEXIS 5588
| 6th Cir. | 2014Background
- D’Ambrosio was convicted of murder in Ohio in 1989 and sentenced to death.
- In 2008, a panel of this court affirmed a conditional habeas writ for Brady violations.
- The state eventually obtained an unconditional habeas writ, barring re-prosecution in 2010.
- In May 2011, D’Ambrosio filed a 42 U.S.C. § 1983 action against prosecutors Marino and Mason, and Detective Allen, plus the City of Cleveland and Cuyahoga County.
- The district court granted judgments on the pleadings, holding the complaint failed to state cognizable § 1983 claims and timely accrual under Heck.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| accrual of §1983 claims after habeas relief (Heck timing) | D’Ambrosio argues accrual occurred after vacatur/termination of conviction. | Defendants argue accrual at conditional writ or pre-trial stage. | Accrual deferred until conviction vacated/expunged; claims not barred. |
| Monell liability against Cuyahoga County for Brady violations | County policy or widespread practice violated rights. | Prosecutors act as state officials; no county policy shown. | No cognizable Monell policy; county not liable. |
| Brady duties of Detective Allen vs. prosecutors | Allen failed to disclose exculpatory evidence to defense. | Brady duty is on prosecutors; police disclose to prosecutors, not directly to defense. | Complaint failed to plead that Allen breached Brady obligations; no §1983 claim. |
| Brady claim against City of Cleveland | City liable for officer’s Brady violations as policymaker. | No underlying constitutional injury by Allen; cannot premise city liability on inaction. | No City of Cleveland liability where individual claim failed. |
Key Cases Cited
- Wallace v. Kato, 549 F.3d 384 (U.S. 2007) (accrual for §1983 actions standard; pretrial lodging permitted)
- Heck v. Humphrey, 512 U.S. 477 (U.S. 1994) (bar on §1983 where success would imply invalidity of conviction; accrual delayed)
- Cooey v. Strickland, 479 F.3d 412 (6th Cir. 2007) (accrual look to when plaintiff knew act caused injury)
- Smith v. Gonzalez, 222 F.3d 1220 (10th Cir. 2000) (accrual in §1983 where conviction vacated in separate proceeding)
- Connick v. Thompson, 131 S. Ct. 1350 (2011) (municipal notice of pattern required for failure-to-train/Monell claims)