Richard Wesley v. Alison Campbell
779 F.3d 421
| 6th Cir. | 2015Background
- Plaintiff Richard Wesley, a school counselor, was accused by a seven‑year‑old student (J.S.) of multiple episodes of anal sodomy occurring in Wesley’s office; initial February 5 report described only over‑the‑clothes touching.
- Child underwent a forensic interview (CAC) and a medical exam; the CAC interview expanded the allegations, but the medical exam was negative for trauma.
- Social worker Alison Campbell investigated, concluded the abuse was substantiated, and notified licensing/state agencies; Wesley appealed that administrative finding.
- Detective Joanne Rigney, at Campbell’s request, conducted a police investigation, interviewed other students (who uniformly denied abuse), did not interview key school staff eyewitnesses, and sought an arrest warrant 84 days after the initial report.
- A magistrate found probable cause from Rigney’s warrant affidavit (which omitted facts undermining J.S.’s reliability); Wesley was arrested, later not indicted, and an administrative finding was reversed.
- District court dismissed Wesley’s false‑arrest claim at Rule 12(b)(6) and later granted summary judgment (qualified immunity) to Rigney on a retaliatory‑arrest claim; Sixth Circuit reversed and remanded for trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the warrant affidavit supported probable cause for arrest (false‑arrest) at Rule 12(b)(6) | Wesley: affidavit omitted material exculpatory facts (child’s age, mental problems, inconsistent statements, negative medical exam, eyewitness availability), so probable cause was lacking | Rigney: J.S.’s allegations alone (and details matching office) created probable cause; no duty to investigate further | Reversed dismissal — complaint plausibly alleged lack of probable cause and material, reckless omissions precluding qualified immunity; case survives 12(b)(6) |
| Whether summary judgment on retaliatory‑arrest claim was proper (qualified immunity) | Wesley: discovery shows contradictory evidence and omissions (other students’ denials, implausible facts, negative medical exam) creating triable issues on probable cause and material omissions/motive | Rigney: probable cause existed as a matter of law, so qualified immunity bars the retaliatory‑arrest claim | Reversed summary judgment — factual disputes about material omissions, witness reliability, and probable cause preclude qualified immunity at summary judgment; remand for trial |
Key Cases Cited
- Beck v. Ohio, 379 U.S. 89 (U.S. 1964) (probable cause defined by facts and circumstances reasonably trustworthy)
- Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (plausibility standard for pleading)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (U.S. 2007) (plausibility pleading standard)
- Gregory v. City of Louisville, 444 F.3d 725 (6th Cir. 2006) (officer liable where warrant affidavit contains deliberate or reckless material omissions)
- Vakilian v. Shaw, 335 F.3d 509 (6th Cir. 2003) (qualified immunity inquiry; summary judgment context)
- Ahlers v. Schebil, 188 F.3d 365 (6th Cir. 1999) (eyewitness ID may establish probable cause when witness is reasonably trustworthy)
- United States v. Shaw, 464 F.3d 615 (6th Cir. 2006) (young child’s uncorroborated allegations may be too unreliable to establish probable cause)
- Logsdon v. Hains, 492 F.3d 334 (6th Cir. 2007) (presumption of eyewitness reliability applies only when no apparent reason to question it)