Vogt v. Jefferson County Sheriff's Department, 3:14-cv-01224

On Aug. 1–4, 2012, Jefferson County Deputy Bryan Skidgel responded to reports that Matthew Vogt was occupying property owned by Donnie Parks, after being evicted in 2010; Parks had asked Vogt to leave.
Skidgel warned Vogt to remove his belongings by 5:00 p.m.; Vogt remained and claimed he owned the property. Skidgel arrested Vogt for second-degree criminal trespass and third-degree criminal mischief on Aug. 4.
Vogt’s trailer and vehicle were towed to a secured storage lot; Vogt later reported missing items and spoke with Captain Marc Heckathorn, who asked Vogt for a list of missing items but did not receive one.
Vogt sued pro se under 42 U.S.C. § 1983 alleging Fourth, Fifth, and Fourteenth Amendment violations, negligent investigation, negligent securing of the trailer, and a failure-to-train claim against the Jefferson County Sheriff’s Department.
Defendants moved for summary judgment arguing (1) the Sheriff’s Department is not a suable entity, (2) Vogt’s claims rest on impermissible negligence theories under § 1983, (3) Skidgel had probable cause to arrest, and (4) qualified immunity. The magistrate judge recommended granting summary judgment for defendants.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Validity of suing Jefferson County Sheriff’s Department	Department is a proper defendant for § 1983 claims	Sheriff’s Department is not a separate legal entity subject to suit	Dismissed — Sheriff’s Department is not a suable entity
Viability of negligence-based § 1983 claims	Vogt alleges negligence (locking trailer, negligent investigation) violated constitutional rights	Negligence alone cannot sustain a § 1983 due-process claim	Dismissed — negligence is not a proper basis for § 1983 liability
Fourth Amendment: unlawful arrest/warrantless seizure	Arrest was wrongful; Vogt had ownership evidence	Skidgel had probable cause for trespass and criminal mischief based on Parks’s statements, warning, and Vogt’s refusal to leave	Summary judgment for Skidgel — probable cause existed
Necessity to address qualified immunity	Vogt contests conduct as unconstitutional	Defendants raised qualified immunity; court need not reach it if probable cause/other grounds dispose	Not addressed — resolved on probable cause and other grounds

Devenpeck v. Alford, 543 U.S. 146 (warrantless arrest reasonable when probable cause exists)
United States v. Lopez, 482 F.3d 1067 (probable cause standard — information sufficient to lead reasonable caution)
John v. City of El Monte, 515 F.3d 936 (totality of circumstances test for probable cause)
Caballero v. City of Concord, 956 F.2d 204 (negligence by state officials does not violate due process)
Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment standard)