Thomas J. ANDERSON, and Karen L. Anderson, Plaintiffs-Appellants, v. Jeffrey L. LARSON, Individually and as County Attorney for Shelby County, Iowa; Durwood Eugene Cavenaugh, Individually and as Sheriff of Shelby County, Iowa; Mark Hervey, Individually and as Deputy Sheriff of Shelby County, Iowa; and Todd G. Jones, Individually and as Special Agent of the Iowa Division of Narcotics Enforcement, Shelby County, Iowa, Defendants-Appellees.
No. 02-2071.
United States Court of Appeals, Eighth Circuit.
Submitted: Dec. 9, 2002. Filed: April 30, 2003.
327 F.3d 762
This is an issue committed to the district court‘s discretion. See Drews, 877 F.2d at 12. Here, the district court initially overruled the government‘s objection to the admission of Hopkins‘s plea agreement into evidence, but then sustained the objection of another defendant who sought to have the agreement excluded. The plea agreements contained information that might have implicated one defendant, and sentencing calculations that the jury might have taken as substantive evidence of the defendants’ guilt. The court permitted thorough cross-examination of both Hopkins and Youngblood as to the details of their agreements to cooperate. Both readily admitted they had entered into plea agreements and hoped to receive favorable sentencing recommendations for their cooperation. In these circumstances, the district court did not abuse its discretion by concluding that any additional probative value of the written plea agreements was “substantially outweighed by the danger of unfair prejudice,” that is, an “undue tendency to suggest decision on an improper basis.”
The judgments of the district court are affirmed.
Jeffrey D. Farrell, argued, Asst. Atty. Gen., Des Moines, IA, for appellee Todd Jones.
John P. Mullen, argued, Omaha, NE, for appellees Larson, Cavenaugh, Hervey and Shelby County, IA.
Before McMILLIAN, FAGG and BYE, Circuit Judges.
BYE, Circuit Judge.
Thomas J. Anderson, an attorney, and his wife Karen L. Anderson brought this action pursuant to
I
Viewed in the light most favorable to the Andersons, the record reveals the following facts. Todd G. Jones, a Special Agent with the Iowa Division of Narcotics Enforcement, was investigating Steven Schuemann for drug offenses in late 1997. Jones posed as a drug dealer and befriended Schuemann. While Jones was undercover Schuemann suggested Jones hire Thomas Anderson, who represented Schuemann, because Anderson accepted drugs as payment for legal services. Schuemann told Jones Anderson had accepted drugs from Schuemann as payment
On February 24, 1998, Schuemann agreed to cooperate with the investigation in exchange for reduced charges. Jeffrey L. Larson, Shelby County Attorney, prepared the cooperation agreement and signed it on behalf of Shelby County. When questioned, Schuemann reaffirmed what he told Jones earlier; his attorney, Anderson, had in the past accepted drugs as payment for legal services and would likely do so again. In accordance with the cooperation agreement, Schuemann introduced Jones, again undercover, to Anderson by telephone. Schuemann told Anderson that Jones had been charged with a crime in another county and needed Anderson‘s legal services. Schuemann implied Jones was affiliated with another man who had committed a notorious murder in a nearby county a month earlier.
On March 18, 1998, Jones called Anderson on the pretext of discussing the fake charge against him. During that recorded telephone call Jones told Anderson he owed Schuemann a big favor and, to settle it, wanted to pay for Schuemann‘s legal bills. Jones then told Anderson he would come to Anderson‘s office and bring “half a Z” (slang for one half-ounce of cocaine) with him. Jones asked whether Anderson knew what that meant and Anderson responded that he knew.
Jones then went to Anderson‘s office and recorded the conversation. Jones wore leather and long hair and appeared to be a member of a motorcycle gang. Anderson claims Jones had a bulge in his pants and he believed it to be a gun, but Jones was not in fact armed. When Jones asked about Schuemann‘s legal bills, Anderson explained the legal services for which Schuemann owed him money. When Anderson told Jones the exact amount Schuemann owed, Jones stood up, pulled a bag of cocaine from his pocket, and placed it on Anderson‘s desk. Anderson picked it up, examined it, untied it, smelled it, and in response to Jones‘s inquiry, said it was worth six or seven hundred dollars off Schuemann‘s total bill of $1360. Jones and Anderson then discussed future delivery of drugs to settle the rest of the bill. Anderson kept the cocaine when Jones left his office.
During this encounter Hervey and Cavenaugh were waiting outside Anderson‘s office but could not hear the exchange between Jones and Anderson. When Jones left Anderson‘s office he told Hervey and Cavenaugh Anderson had accepted the drugs. Hervey and Cavenaugh entered Anderson‘s office and arrested him approximately two minutes after Jones left the office. The cocaine was in Anderson‘s coat pocket.
Anderson was charged with the lone offense of solicitation of a felony pursuant to
Anderson and his wife brought this action against the county prosecutor and three officers involved in the investigation, arrest and prosecution. They allege in
The district court granted the Defendants’ motion for summary judgment on all claims. With regard to the federal causes of action, the district court determined Larson, the prosecutor, was shielded by absolute immunity for his actions. The court further found Anderson could not establish Cavenaugh, Hervey or Jones violated his constitutional rights and they were entitled to qualified immunity. The court held all the Defendants were immune from the state law claims pursuant to
II
“We review a district court‘s grant of summary judgment de novo. Summary judgment is appropriate when the evidence, viewed in the light most favorable to the nonmoving party, demonstrates that there is no genuine issue of material fact, and the moving party is entitled to judgment as a matter of law.” Duffy v. McPhillips, 276 F.3d 988, 991 (8th Cir. 2002) (citations omitted);
The Andersons complain the district court did not view all the evidence in their favor. They point to two instances of improper weighing of evidence: the district court‘s discussion of the Iowa Supreme Court decision and its treatment of Anderson‘s asserted fear of Jones.
The Andersons argued below and on appeal the Iowa Supreme Court‘s holding supports their assertion Defendants had no probable cause to believe Anderson committed any crime when they investigated, arrested and prosecuted him. The district court noted the Iowa Supreme Court‘s holding concerned the definition of solicitation, and quoted its footnote explaining the holding did not mean Anderson was innocent of all crimes. The district court‘s treatment of the Iowa Supreme Court‘s opinion was relevant to rebut the Andersons’ over broad reading of it. Proper interpretation of the Iowa Supreme Court‘s decision was a question of law, not the improper weighing of factual evidence. Moreover, it was the only correct interpretation of the Iowa court‘s decision. It was not improper under the summary judgment standard.
In its memorandum and order granting summary judgment, the district court noted: “Anderson now states that he was so intimidated by Jones that he thought his life was in imminent danger unless he accepted the drugs.” Anderson interprets that sentence as suggesting he did not assert he was afraid of Jones before the suit was filed. The Andersons protest the district court‘s “finding of fact” as improper because Anderson had always
III
The Andersons contend the district court‘s grant of absolute immunity to Larson was error, and we agree in part. Prosecutors are protected by absolute immunity from civil liability under
The Andersons argue Larson‘s communications with Schuemann violated the rules governing attorney conduct in the state of Iowa, and such a violation should rob Larson of absolute immunity. The Iowa Disciplinary Rules state, in pertinent part:
During the course of representing a client a lawyer shall not ... [c]ommunicate or cause another to communicate on the subject of the representation with a party known to be represented by a lawyer in that matter except with the prior consent of the lawyer representing such other party or as authorized by law.
The question of whether absolute or qualified immunity applies depends upon whether the prosecutor‘s acts were prosecutorial, investigatory or administrative in nature. Buckley, 509 U.S. at 268-71; Imbler, 424 U.S. at 430-31. We first note Larson‘s involvement with Schuemann‘s cooperation agreement fell well within the normal acts of a prosecutor and qualify for absolute immunity. Brodnicki, 75 F.3d at 1268. The same is true for Larson‘s deci-
The Andersons offer no evidence supporting their claim Larson told or directed Jones to engage Anderson in solicitation of a felony. They do, however, have evidence showing Larson gave Jones legal advice during the investigation. Specifically, Larson may have advised Jones to engage Anderson in the crime of solicitation of a felony. The Supreme Court has held giving legal advice to police during an investigation strips a prosecutor of absolute immunity for that act because it is not a normal part of prosecutions. Burns, 500 U.S. at 494. Because a reasonable jury could find Larson gave Jones legal advice during the investigation, we conclude Larson is not absolutely immune for that act. With respect to all other acts, Larson has absolute prosecutorial immunity. While we hold the district court erred in finding Larson absolutely immune for the act of providing legal advice during the investigation, the doctrine of qualified immunity remains available to him for that act, as it does for Cavenaugh, Jones and Hervey. Imbler, 424 U.S. at 430-31.
IV
Qualified immunity shields government officials from federal suit unless their conduct violates a clearly established constitutional or statutory right of which a reasonable person would have known. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). The purpose of qualified immunity is to “allow public officers to carry out their duties as they believe are correct and consistent with good public policy ....” Sparr v. Ward, 306 F.3d 589, 593 (8th Cir. 2002). The inquiry “focuses on the objective legal reasonableness of the official‘s acts,” and the qualified immunity defense fails if the official violates a clearly established right because “a reasonably competent public official should know the law governing his conduct.” Harlow, 457 U.S. at 818-19. The analysis is two-part: first, has plaintiff alleged a violation of a constitutional right; second, was that right “clearly established at the time of the alleged violation.” Manzano v. S.D. Dep‘t of Soc. Servs., 60 F.3d 505, 509 (8th Cir. 1995). The district court found the Andersons could not establish a violation of a constitutional right by any Defendant, and we agree.
Anderson claims his arrest and prosecution violated his right to substantive due process pursuant to the Fourteenth Amendment. Such is a claim if a defendant‘s conduct “shocks the conscience or interferes with rights implicit in the concept of ordered liberty,” or “offends judicial notions of fairness,” or is “offensive to human dignity,” or is taken with “deliberate indifference” to protected rights. Weiler v. Purkett, 137 F.3d 1047, 1051 (8th Cir. 1998) (citing United States v. Salerno, 481 U.S. 739, 746 (1987)); Weimer v. Amen, 870 F.2d 1400, 1405 (8th Cir. 1989); Neal v. St. Louis County Bd. of Police Comm‘rs, 217 F.3d 955, 958-59 (8th Cir. 2000).
It is uncontested Schuemann told the Defendants he had paid Anderson for legal services with drugs, and it was Anderson‘s practice to accept drugs. Larson, Cavenaugh, Hervey and Jones therefore had probable cause to believe Anderson had committed a drug crime and would again. Their initiation of an investi-
The Andersons also argue Jones‘s actions violated the Iowa statute governing undercover police work, and said violation rose to the level of a Fourteenth Amendment substantive due process violation. The Iowa statute provides that officers who commit crimes during an investigation “shall not be guilty of that crime or of the crime of solicitation” provided the officers do not instigate the crime, do not injure another, have the consent of superiors, and are reasonable.
Anderson also claims his arrest violated the Fourth Amendment. A claim of false arrest brought pursuant to
Jones was wearing leather and long hair and had a bulge in his clothing Anderson incorrectly believed to be a gun. Anderson claims he was lead to believe Jones was responsible for a recent murder in which the victim‘s ears were removed with a chainsaw. Anderson‘s fear, however, does not show Defendants did not have probable cause to believe Anderson committed a crime when he accepted the drugs. Jones had no way of knowing Anderson believed he was an armed, corpse-mutilating murderer. In their telephone conversation Jones told Anderson he was coming over with drugs and intended to pay for Schuemann‘s legal bill and Anderson did not discourage him. It was Anderson, not Jones, who suggested the value of the drugs on Schuemann‘s bill. Anderson voiced no hesitation or concern when Jones gave him the drugs and left. From Jones‘s perspective, when Anderson accepted the drugs without protest and in apparent agreement with the exchange, there was ample probable cause for arrest. We therefore hold Anderson can not show his arrest violated the Fourth Amendment.
V
The district court ruled Defendants were immune from the Andersons’