Perzynski v. Cerro Gordo County
2013 U.S. Dist. LEXIS 85206
| N.D. Iowa | 2013Background
- Perzynski, a Cerro Gordo County MIS employee, edited her own time entries from May 2007 to Oct 2009, using the time-clock system without authorization.
- Edits were discovered Oct 2009 after an anomalous 15-hour overtime entry; internal staff and outside auditor investigated.
- Investigation showed 595 edits by Perzynski over about two years; supervisor Tepner did not authorize edits and claimed no awareness.
- Criminal charges for theft were filed Feb 22, 2010; information filed Mar 23, 2010; Perzynski turned herself in and was briefly jailed.
- Plaintiff filed suit Jan 13, 2012 asserting §1983, malicious prosecution, and false imprisonment; this motion for summary judgment seeks dismissal of all claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause to arrest existed as a matter of law? | Perzynski contends lack of probable cause given improper edits. | Defendants contend there was reasonably trustworthy information supporting the charge. | Probable cause existed as a matter of law. |
| Kline and Mathre liability for instigating the prosecution? | Kline and Mathre instigated the prosecution by providing false information to Hepperly. | No evidence they knowingly supplied false information or pressured indictment. | No genuine dispute; no instigation by Kline/Mathre. |
| Municipal liability under Monell theory (policy or cat's paw)? | County policy or cat's-paw manipulation caused the arrest. | No showing of an official policy or custom; cat's paw theory not applicable here. | County entitled to summary judgment on §1983 claim. |
| Malicious prosecution elements—malice and instigation? | Defendants acted with malice and instigated the prosecution. | No evidence of malice or instigation; probable cause existed. | Malicious prosecution claim fails; support for all elements lacking. |
Key Cases Cited
- Maryland v. Pringle, 540 U.S. 366 (U.S. 2003) (probable-cause standard is probabilistic and totality of circumstances governs)
- Illinois v. Gates, 462 U.S. 213 (U.S. 1983) (probable cause assessed by totality of the circumstances)
- Monell v. Dep’t of Soc. Servs. of City of New York, 436 U.S. 658 (U.S. 1978) (establishes municipality liability requires official policy or custom)
- Veatch v. Bartels Lutheran Home, 627 F.3d 1254 (8th Cir. 2010) (probable cause standard applied to determine arrest validity)
- Moser v. Black Hawk Cnty., 300 N.W.2d 150 (Iowa 1981) (actual malice required for official-prosecution claims)