Matthew Livers v. Tim Dunning
700 F.3d 340
| 8th Cir. | 2012Background
- The Stocks were murdered in their home in April 2006; Cass County Sheriff’s Office, Nebraska State Patrol, and Douglas County Crime Scene Investigation Unit participated in the investigation.
- Livers, identified as a suspect, confessed after lengthy interrogations but later recanted; the interrogation included leading questions, coercive tactics, and alleged misconduct by multiple officers.
- Sampson was arrested based on Livers’ confession without a warrant, and waived counsel during a later interview; evidence later cast doubt on the confession.
- Forensic evidence and investigative procedures were questioned, including alleged fabrication of evidence and misreporting of blood findings, with later concerns raised about Commander Kofoed’s conduct.
- Charges against Livers and Sampson were dismissed; Reid and Fester pled guilty in 2007; FBI and internal investigations followed allegations of misconduct by Kofoed and others.
- The district court denied summary judgment on qualified immunity to several defendants; the appeals were consolidated for review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Cass/NSP officers violated due process by coercing a confession and fabricating evidence. | Livers and Sampson allege coercive interrogation and fabrication of evidence. | Defendants contend no clearly established violation or qualified immunity applies. | Qualified immunity denied for coercion/fabrication (claims survive). |
| Whether the officers violated the Fifth Amendment by coercing a confession (as to Sampson). | Sampson asserts a Fifth Amendment self-incrimination violation based on Livers’ coerced confession. | No standing to claim Fifth Amendment rights from another’s coerced confession. | Qualified immunity for Sampson on Fifth Amendment claim; no standing. |
| Whether the officers violated the Fourth Amendment by arresting Livers without probable cause. | Arrest based on coerced confession and weak corroboration lacked probable cause. | There was probable cause at the time of arrest. | Livers’ Fourth Amendment false-arrest claim against Cass/NSP survives; immunity not granted. |
| Whether the officers violated Brady by failing to disclose exculpatory evidence. | Failure to disclose exculpatory evidence delayed or prejudiced proceedings. | No Brady violation because no conviction or ongoing prosecution at issue. | Qualified immunity granted on Brady claim; no Brady violation established. |
| Whether the officers had a duty to intervene to stop constitutional violations. | Officers should have intervened to halt misconduct. | No clearly established duty to intervene outside excessive-force context. | Qualified immunity to intervene claim; no clearly established duty in 2006. |
Key Cases Cited
- Moran v. Clarke (Moran I), 296 F.3d 647 (8th Cir. 2002) (evidence of conspiracy to deprive rights; improper procedures may show intent to manufacture results)
- Moran v. Clarke (Moran II), 359 F.3d 1058 (8th Cir. 2004) (post-Moran I; discussion of fabrication and due process)
- Wilson v. Lawrence Cnty., Mo., 260 F.3d 946 (8th Cir. 2001) (coercive interrogation factors and mentally impaired suspect)
- Saucier v. Katz, 533 U.S. 194 (U.S. 2001) (two-step qualified immunity framework)
- Pearson v. Callahan, 555 U.S. 223 (U.S. 2009) (modifies the order of the two-step inquiry)
- Jones v. McNeese, 675 F.3d 1158 (8th Cir. 2012) (reiterates standard for reviewing denial of summary judgment on qualified immunity)
- Kaupp v. Texas, 538 U.S. 626 (U.S. 2003) (discusses custody and police conduct standards in seizure cases)
- Baribeau v. City of Minneapolis, 596 F.3d 465 (8th Cir. 2010) (clarifies limits of entitlement to qualified immunity in certain rights cases)