Michael Dowell v. Lincoln County, Missouri
2014 U.S. App. LEXIS 15282
8th Cir.2014Background
- Dowell filed a 42 U.S.C. § 1983 action against Lincoln County and officers for actions during investigation/prosecution for Hogland's rape and murder.
- Hogland’s 1991 autopsy showed semen, bruising, lacerations, and fatal head trauma; initial investigation yielded no arrests.
- In 2006 DNA matched Dowell; investigation reopened led by Carson, Boyer, Dilworth, Eagan, and Bartlett.
- Dowell was taken to Hogland’s ditch, shown photos, questioned, and ultimately arrested after a Miranda-informed interrogation at the station.
- During interrogation, Dowell invoked right to counsel; charges included murder and rape; murder trial later acquitted Dowell of murder; rape charge severed and proceeded separately.
- Bartlett drafted a second probable-cause statement omitting acquittal and Dr. Case’s consensual-sex interpretation; Dowell was re-arrested for rape based on the second statement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Fifth Amendment voluntariness | Dowell contends statements were coerced. | Statements were voluntary under totality of circumstances. | No genuine dispute; statements voluntary; no overborne will. |
| Sixth Amendment right to counsel | Counsel was invoked but interrogation continued, violating Massiah. | Massiah not violated because no use of uncounseled statements at trial. | No violation; right not implicated as no uncounseled statements used at trial. |
| Fourth Amendment probable cause | Second statement omits acquittal and expert testimony; lacked probable cause. | Omitted facts would still establish probable cause; no suppression warranted. | Probable cause would still exist; summary judgment proper. |
Key Cases Cited
- Massiah v. United States, 377 U.S. 201 (Supreme Court, 1964) (right to counsel applies to uncounseled interrogation)
- Sheets v. Butera, 389 F.3d 772 (8th Cir. 2004) (totality of circumstances in voluntariness analysis)
- Simmons v. Bowersox, 235 F.3d 1124 (8th Cir. 2001) (threats or promises; credible threats required to overbear will)
- United States v. LeBrun, 363 F.3d 715 (8th Cir. 2004) (Miranda rights and understanding as factors in voluntariness)
- United States v. Chahia, 544 F.3d 890 (8th Cir. 2008) (Massiah principle applied by later circuits)
- Baribeau v. City of Minneapolis, 596 F.3d 465 (8th Cir. 2010) (probable cause assessment under totality of circumstances)
- Small v. McCrystal, 708 F.3d 997 (8th Cir. 2013) (unconstitutional arrest requires probable cause)
- United States v. Proell, 485 F.3d 427 (8th Cir. 2007) (probable-cause analysis under totality of circumstances)
- Kansas v. Ventris, 556 U.S. 586 (Supreme Court, 2009) (Massiah right infringed at time of interrogation)
- McCabe v. Parker, 608 F.3d 1068 (8th Cir. 2010) (arguable probable cause standard for qualified immunity)
- United States v. Mashek, 606 F.3d 922 (8th Cir. 2010) (probable cause evaluation after evaluating false/omitted information)