Date: 05-01-2002

Case Style: Gary L. Higgason, M.D., v. Robert F. Stephens, et al.

Case Number: 00-5984

Judge: Clay

Court: United States Court of Appeals for the Sixth Circuit

Plaintiff's Attorney: Robert L. Treadway, Lexington, Kentucky, for Appellant.

Defendant's Attorney: James M. Herrick, KENTUCKY STATE POLICE LEGAL OFFICE, Frankfort, Kentucky, for Appellees.

Description: Plaintiff, Gary L. Higgason, M.D., appeals from the district court's judgment entered on May 18, 2000, dismissing Plaintiff's civil rights action filed pursuant to 42 U.S.C. § 1983 against Defendants, Robert F. Stephens, in his official capacity as Secretary of Justice Cabinet, Commonwealth of Kentucky and as acting Commissioner of the Kentucky State Police; Gary Rose, individually; Dennis Benningfield, individually; Dwaine Barnett, individually; and Barry Bertram, individually (who together constitute Kentucky's Commonwealth's Attorney for Green County, and officials of the Kentucky State Police), in connection with Plaintiff's indictment for twelve counts of attempted murder of his mother, which was ultimately dismissed by the state trial court. For the reasons set forth below, we AFFIRM.

BACKGROUND

Procedural History

Following the dismissal of the criminal charges brought against Plaintiff in the Green Circuit Court, Green County, Kentucky, Plaintiff filed a § 1983 claim on February 29, 2000, in federal district court seeking injunctive relief from Stephens and monetary relief from Rose, Benningfield, and Bertram. Plaintiff also sought monetary damages from Defendants Rose, Benningfield, and Bertram in connection with pendent state law claims of false arrest and imprisonment, defamation, and perjury. Defendants were specifically sued in the following capacities: 1) Robert F. Stephens is Secretary of the Justice Cabinet for the Commonwealth of Kentucky and is acting Commissioner of the Kentucky State Police; 2) Rose was, at the time of the alleged wrongful actions, the Commissioner of the Kentucky State Police and is now simply employed by the Kentucky State Police; 3) Benningfield was, at the time of the alleged wrongful actions, a detective with the Kentucky State Police and is now employed by the Kentucky State Police in its Driver Testing Division; 4) Barnett was, at the time of the alleged wrongful actions, employed by the Kentucky State Police as a trooper and was identified as a "spokesman" for the Kentucky State Police in news reports, and is currently employed by the Kentucky State Police; 5) Bertram is and was at the time of the alleged wrongful actions, Kentucky's Commonwealth's Attorney for the Eleventh Judicial Circuit, comprising, among others, Green County, Kentucky.

Defendant Bertram filed a motion to dismiss the § 1983 action on the basis of absolute prosecutorial immunity, and also requested that the pendent state law claims should therefore be dismissed. Defendants Stephens, Rose, Benningfield and Barnett collectively filed a motion to dismiss, claiming that Plaintiff had failed to set forth a basis for injunctive relief and had failed to state a colorable civil rights claim. These Defendants also argued that the state claims were barred by the applicable statute of limitations. All Defendants attached exhibits to their motions such as affidavits and various pieces of documentary evidence.

In response, Plaintiff filed a cross-motion for partial summary judgment as to Count II of his complaint regarding Benningfield's alleged violation of Plaintiff's civil rights under § 1983. Plaintiff claimed that because Defendants went beyond the pleadings in filing their motions to dismiss, the motions should be interpreted as ones for summary judgment under Rule 56. Plaintiff therefore claimed that his cross-motion for summary judgment as to Benningfield was procedurally proper and should be granted inasmuch as no genuine issue of material fact remained for trial that Benningfield's conduct was wrongful under an objective standard.

On May 18, 2000, the district court entered its judgment dismissing Plaintiff's federal claims with prejudice, dismissing Plaintiff's pendent state law claims without prejudice, and denying all pending motions as moot. The district court contemporaneously issued its memorandum opinion and order. In so doing, the district court found that the statement in the Green Circuit Court's Order of Dismissal of the criminal charges against Plaintiff, to the effect that probable cause had existed to bring the charges, constituted res judicata or collateral estoppel as to Plaintiff's § 1983 claims.

Plaintiff thereafter filed a motion to alter, amend, or vacate the May 18, 2000 judgment; and on July 12, 2000, the district court denied Plaintiff's motion. Plaintiff filed this timely appeal.

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Finally, the court dismissed Plaintiff's § 1983 claims against Commonwealth's Attorney Bertram on the basis that a prosecutor enjoys absolute prosecutorial immunity when he acts within the scope of his prosecutorial duties. (J.A. at 57.) The court opined, "[a]s Bertram is being sued for conducting his duties as a prosecutor, he is absolutely immune from suit under Count Two." (J.A. at 57.) Because the court dismissed Counts I and II of Plaintiff's complaint regarding his federal claims, the court declined to exercise supplemental jurisdiction over Plaintiff's state law claims, and the court denied Plaintiff's cross-motion for summary judgment as moot.

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Click the case caption above for the full text of the Court's opinion.

Outcome: Affirmed

Plaintiff's Experts: Unavailable

Defendant's Experts: Unavailable

Comments: None