Monday, September 19, 2005

C.O. David Dorland - Sentenced - Antrim SD

Also See:



Corrections officer Dorland - CSC



 
 




Ex-corrections officer sentenced to prison
Week in review :ANTRIM
September 25, 2005
http://archives.record-eagle.com/2005/sep/25week.htm

BELLAIRE - A former Antrim County corrections officer who confessed to having sexual contact with up to nine female jail inmates will himself experience years behind bars.

David R. Dorland was sentenced to three years and four months to five years in prison Monday. Thirteenth Circuit Judge Thomas Power exceeded state sentencing guidelines, which he said "do not adequately address the abuse of authority that occurred here."

Dorland, 44, of Torch Lake Township, pleaded guilty to attempted criminal sexual conduct in the second degree, and two counts of gross indecency. Conditions of Dorland's plea agreement included that he resign as an Antrim corrections officer, where he had been suspended without pay; that he register with the state as a sex offender; and that he give a full disclosure to the Michigan State Police of his inappropriate actions with inmates, county prosecutor Charles Koop said.











Former Antrim County officer will go to prison
David Dorland had sexual contact with inmates
September 20, 2005
Record-Eagle staff writer
http://static.record-eagle.com/2005/sep/20dorland.htm

BELLAIRE - A former Antrim County corrections officer who confessed to having sexual contact with up to nine female jail inmates will himself experience years behind bars.

David R. Dorland was sentenced to three years and four months to five years in prison Monday. Thirteenth Circuit Judge Thomas Power exceeded state sentencing guidelines, which he said "do not adequately address the abuse of authority that occurred here."

Dorland took advantage of a position of trust, victimizing women, damaging the reputation of the sheriff's department and corrupting morale inside the jail, Power said.

"When I send somebody to jail, I certainly don't send them for the purpose of being molested. This is very distressing," Power said.

Dorland, 44, of Torch Lake Township, pleaded guilty to attempted criminal sexual conduct in the second degree, and two counts of gross indecency. Conditions of Dorland's plea agreement included that he resign as an Antrim corrections officer, where he had been suspended without pay; that he register with the state as a sex offender; and that he give a full disclosure to the Michigan State Police of his inappropriate actions with inmates, county prosecutor Charles Koop said.

Koop said Dorland granted favors to female inmates who consented to sex acts with him, such as making them jail trustees, giving them increased family visitation time, and gifts of cigarettes and soda pop.

Dorland's attorney, Joseph Aprea(*) of Traverse City, noted that each of Dorland's victims "indicated they willingly participated in this sexual conduct," and at least one of the situations was a "reciprocal romantic relationship" that continued after the inmate left the jail.

Koop, however, said a truly consensual relationship with the women was impossible, given Dorland's position of authority over them, and the inmates' reliance on their jailers for all necessities and privileges.

"Mr. Dorland used the county jail as his personal harem," Koop said. "He selected vulnerable women and exploited them."

Dorland sobbed as he apologized to Power and to one of the victims in attendance, who also wept. Dorland also apologized to members of the county sheriff's department and his fellow corrections officers, several of whom were present, grim-faced, in the courtroom."I let you down," Dorland said.

Clearing the RecordBecause of a reporter’s error, this story wrongly identified Dorland’s attorney. His attorney was James Aprea of Traverse City.






Jail guard pleads guilty to felony sex counts
Week in review: ANTRIM
August 21, 2005
http://archives.record-eagle.com/2005/aug/21week.htm

BELLAIRE - An Antrim County corrections officer pleaded guilty to three felony counts related to inappropriate sexual contact with jail inmates.

David R. Dorland, 44, of Torch Lake Township, pleaded guilty Tuesday to two counts of gross indecency and one count of attempted criminal sexual conduct in the second degree, each felonies punishable by up to five years in prison, county Prosecutor Charles Koop said.


Friday, September 9, 2005

Unnamed Police Officer - Lansing PD

September 09, 2005: UNNAMED OFFICER, Lansing Police Department










Lansing officer will not face charges
Lansing State Journal, MI
November 10th, 2005
http://www.lsj.com/apps/pbcs.dll/article?AID=/20051110/NEWS01/511100340/1001/news

Livingston County prosecutors have decided not to issue charges against a Lansing police officer arrested in connection with a September domestic assault. Authorities said they felt they couldn't prove their case beyond a reasonable doubt because of factors including inconsistent statements by the complainant, Prosecutor David Morse said.

The officer, who was not identified because he was never officially charged, returned to work in mid-October, Lansing Lt. Bruce Ferguson said.









Lansing cop arrested on domestic
Published September 14, 2005
Lansing State JournalLocal news briefs
http://www.lsj.com/apps/pbcs.dll/article?AID=/20050914/NEWS01/509140344/1001/news

A Lansing police officer is on paid administrative leave after being arrested in connection with a domestic assault Friday, police Chief Mark Alley said Tuesday.

Mason police are investigating because the officer was arrested there, and the Livingston County Prosecutor's Office is handling the case. Ingham County Prosecutor Stuart Dunnings III said his office is not handling the case because it would be a conflict of interest; the officer is serving as a key witness in another investigation.

Neither Dunnings nor Alley would identify the officer or provide details on the case. Alley said the officer will be on leave until the case is resolved or until the department conducts a thorough internal investigation.



[MI POLICE OFFICER INVOLVED PERPETRATED DOMESTIC VIOLENCE LAW ENFORCEMENT MURDER SUICIDE]

Thursday, September 8, 2005

C.O. Ronald Mielcarek - Appeal - Buena Vista


Also See:

Correctional officer Ronald Mielcarek shot and injured wife:



On December 03, 2003, Buena Vista State Corrections Officer Ronald Mielcarek shot and wounded his wife. Mielcarek was charged with assault with intent to commit murder and possessing a firearm while committing a felony. He was convicted of assault with intent to commit murder.

In September 2005, Mielcarek filed an appeal on the felony gun conviction. His conviction was affirmed in April 2007.


 
 
 
 
 








































Thursday, September 1, 2005

Beth Thompson, murdered - C.O. Edward Elvert





Beth Thompson: Murdered by her boyfriend, Correctional Officer Edward Elvert. September 01, 2005.








Ionia prison employees found dead in home
September 2, 2005
ASSOCIATED PRESS

An unmarried couple who worked at an Ionia prison were found shot to death in their home in an apparent homicide-suicide, Ionia County sheriff's deputies said.

The bodies of Beth Thompson, 42, and Edward Elvert, 44, were discovered around 7 a.m. Thursday by Thompson's high school-age daughter, Sheriff Dwain Dennis said.

The daughter found her mother's body in a chair in the living room and the boyfriend's body on the living room floor. Dennis said it appeared the boyfriend fired the shots and that each person had been shot once, The Grand Rapids Press reported.

Deputies found a .38-caliber revolver near the man's body, the sheriff said. They did not find any suicide notes.

The Michigan Department of Corrections confirmed that Thompson and Elvert were employed at Bellamy Creek Correctional Facility.

The man was hired as a corrections officer in 1981 and promoted to sergeant in 1986, while the woman had worked in food service since 1998.








2005 Michigan Homicide List

The New Citizens Press
http://www.thenewcitizenspress.com/Articles/tabid/1800/articleType/ArticleView/articleId/289/Default.aspx

Beth Thompson - 42 Ionia, Mi.On September 1, the body of Beth Thompson and her boyfriend, Edward Elvert, were discovered by Beth's 20 year old daughter in their home. Police believe that Elvert shot Beth and them himself in an apparent murder-suicide. Both Beth and Elvert were employees of the Dept. of Corrections.









My Name is Beth Thompson
http://www.gvsu.edu/women_cen/index.cfm?id=6C6A4A53-0346-F725-D4EB84707D1898CB

I am 42 years old and live in Ionia, Michigan.

On September 1st my body and the body of my boyfriend, Edward Elvert, were discovered by my 20 year old daughter in my home.

Police believe that Edward shot me and then himself in an apparent murder-suicide.

We were both employees of the Department of Correction.

My name was Beth Thompson.

Remember my name.





C.O. Edward Elvert - Murder / Suicide




Correctional Officer Edward Elvert. Murdered his girlfriend Beth Thompson, and then committed suicide. September 01, 2005.






Ionia prison employees found dead in home
September 2, 2005
ASSOCIATED PRESS

An unmarried couple who worked at an Ionia prison were found shot to death in their home in an apparent homicide-suicide, Ionia County sheriff's deputies said.

The bodies of Beth Thompson, 42, and Edward Elvert, 44, were discovered around 7 a.m. Thursday by Thompson's high school-age daughter, Sheriff Dwain Dennis said.

The daughter found her mother's body in a chair in the living room and the boyfriend's body on the living room floor. Dennis said it appeared the boyfriend fired the shots and that each person had been shot once, The Grand Rapids Press reported.

Deputies found a .38-caliber revolver near the man's body, the sheriff said. They did not find any suicide notes.

The Michigan Department of Corrections confirmed that Thompson and Elvert were employed at Bellamy Creek Correctional Facility.

The man was hired as a corrections officer in 1981 and promoted to sergeant in 1986, while the woman had worked in food service since 1998.




[MI POLICE OFFICER INVOLVED PERPETRATED DOMESTIC VIOLENCE LAW ENFORCEMENT MURDER SUICIDE]

Detective Guy Picketts Jr. - Calhoun SD

Also See:
http://michiganoidv.blogspot.com/2004/12/officer-doug-graham-battle-creek-pd.html


An OIDV victim's horror story at the hands of Detective Guy Picketts Jr. [Calhoun SD]

December 16, 2004: Dispatcher Sonte Rounda Everson [Battle Creek PD] was sexually assaulted by her ex-boyfriend, Officer Doug Graham [also of the Battle Creek PD]. However, Sonte was afraid to report the incident, and did not report it for almost a year and only at the urging of her counselor.

September 2005: Dispatcher Everson reported the December assault to Detective Guy Picketts Jr. [Calhoun SD], who failed to properly investigate her complaint.

August 16, 2006: Everson filed a complaint against Detective Picketts for his failure to properly investigate her complaint.

August 22, 2006: Detective Picketts had Everson charged and arrested for filing a false police report [December 16, 2004 assault].

May 2007: At a court hearing, the charges for filing a false police report against Everson were dropped.

May 2007: As Everson was leaving the courthouse from having the charges dropped, Detective Pickett had her re-charged and re-arrested on new charges for filing a false police report.

February 2008: Charges of filing a false police report were once again dismissed against Everson.

August 12, 2012: Everson won a $1,000,000 lawsuit for the retaliation she was subjected to at the hands of Detective Guy Picketts.



"This has been a long ordeal. To survivors of sexual assault and domestic violence, know that you have the right to stand up for your life, no matter who the perpetrator is. Justice will eventually prevail." Sonte Rolina Everson.

           







Linda Everson, Named As "Linda (Sonte) Everson," Aka Sonte v. Calhoun County, et al
http://www.law.com/jsp/decision_friendly.jsp?id=1202489051659
6th Cir.
01-24-2011
Cole, Circuit Judge.
09-2183
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 11a0053n.06
BEFORE: BOGGS, COLE, and CLAY, Circuit Judges.

OPINION

In this 42 U.S.C. § 1983 action for First Amendment retaliation, Defendant-Appellant Gary Picketts appeals on qualified immunity grounds the district court's order granting in part and denying in part his motion to dismiss and alternative motion for summary judgment.*fn1 For the following reasons, we AFFIRM the judgment of the district court.

I. BACKGROUND

A. Factual History

1. The Police Report & Initial Investigation of Graham In September 2005, Plaintiff-Appellee Linda Everson reported to the Calhoun County Sheriff's Office that, on December 16, 2004, her then-boyfriend Officer Doug Graham of the Battle Creek Police Department forcibly sodomized her during an otherwise-consensual sexual encounter. She stated that she had broken up with Graham and, unsure how to proceed, confided in friends, a counselor, and her physician about the sexual assault before finally deciding to file a police report.

Calhoun County Detective Guy Picketts handled the investigation into Graham's conduct. He interviewed Everson; several of Everson's friends and coworkers in the police department, all of whom confirmed that Everson reported being sexually assaulted by Graham; and Everson's doctor. He also interviewed Graham, who denied that the sodomy occurred and suggested that Everson filed the report out of spite when she found out that he was marrying another woman. Picketts interviewed Everson's friend Sheri Lemonious as well. Although Picketts reported in 2005 that Lemonious said Everson described the sodomy as consensual, Lemonious attested in 2009 that she told Picketts the opposite. Everson alleges that Picketts failed to interview several important witnesses during his investigation.

Picketts submitted a report of his investigation to the Calhoun County Prosecutor's Office, which recused itself on conflict-of-interest grounds. In January 2006, the Branch County prosecutor reviewed Picketts's report and declined to prosecute Graham for sexual assault.

2. Everson's Speech

Upset by the decision not to prosecute, Everson publicly criticized Picketts loudly and repeatedly, accusing him of not doing his job and being "just part of the good ole boy system." She mentioned her complaints to colleagues in law enforcement, at least one of whom relayed her statements to Picketts. Everson also met with Picketts's boss on August 16, 2006, to initiate a formal complaint against Picketts and sent a letter to the Calhoun County prosecutor on August 31, 2006, asking him to take action about her concerns regarding Picketts's investigation of Graham.

3. Picketts's Investigation & Arrest of Everson

Picketts began documenting Everson's comments in a new investigative report-this time against Everson. On August 22, 2006, Picketts interviewed Ethel Fitzpatrick ("Mrs. Fitzpatrick"), Everson's former friend, who stated that Everson had told her that the sexual assault had never occurred. Picketts did not confront Everson about the allegations, and eight days later, he requested an arrest warrant for Everson for the felony of filing a false police report. Everson alleges that Picketts opened the investigation against her before he interviewed Mrs. Fitzpatrick. Everson also alleges that Picketts lied about the first time he met Mrs. Fitzpatrick. Keith Fitzpatrick ("Mr. Fitzpatrick"), Mrs. Fitzpatrick's husband, asserts that at some point Picketts came to their house, told them that he had a personal dispute with Everson, and spoke with Mrs. Fitzpatrick at length and in private. Mr. Fitzpatrick attested that he could not remember whether the in-home meeting took place before or after the August 22, 2006 interview. But he also stated that he had never seen Picketts before the in-home meeting, and both Fitzpatricks were present for the August 22, 2006 interview.

Calhoun County did not recuse itself from the case against Everson, but rather charged her with filing a false police report. After a preliminary hearing, the Michigan district court found probable cause that Everson had committed the crime and bound her over to the circuit court for trial. The circuit court quashed the bind-over and dismissed the case for lack of evidence. Everson was then rearrested on the same charges, and the case was transferred to Kalamazoo County. On February 1, 2008, the Kalamazoo County Prosecutor dismissed all charges against Everson "in the best interests of justice."

B. Procedural History
Everson filed a complaint against Calhoun County, the prosecutor, and Picketts (collectively, "Defendants") under § 1983, alleging that their actions (1) violated her equal protection rights; and (2) constituted illegal retaliation for the lawful exercise of her First Amendment rights. In response, Defendants filed a motion to dismiss and, in the alternative, a motion for summary judgment. After oral argument, the district court issued an order (1) dismissing the equal protection claim; (2) dismissing the retaliation claim against the prosecutor on absolute prosecutorial immunity grounds; (3) denying the motion in all other respects as to Picketts; and (4) denying the motion in all other respects as to Calhoun County without prejudice to renewal of the motion after the close of all discovery. Picketts filed this appeal, alleging that the district court erred in failing to dismiss all claims against him on qualified immunity grounds.

II. DISCUSSION

A. Standard of Review

This court reviews a district court's denial of summary judgment on qualified immunity grounds de novo. Gregory v. City of Louisville, 444 F.3d 725, 742 (6th Cir. 2006). "We may only review the denial of qualified immunity to the extent that the 'appeal involves the abstract or pure legal issue of whether the facts alleged by the plaintiff constitute a violation of clearly established law.'" Dorsey v. Barber, 517 F.3d 389, 394 (6th Cir. 2008) (quoting Gregory, 444 F.3d at 742). The defendant must "be willing to concede the most favorable view of the facts to the plaintiff for purposes of the appeal." Moldowan v. City of Warren, 578 F.3d 351, 370 (6th Cir. 2009).

B. Analysis

In determining whether qualified immunity applies, this court employs a two-step test, considering (1) whether, viewing the allegations in the light most favorable to the injured party, a constitutional right has been violated; and (2) whether that right was clearly established. Dorsey v. Barber, 517 F.3d 389, 394 (6th Cir. 2008). We have discretion to undertake the steps in either order. Pearson v. Callahan, 129 S. Ct. 808, 818 (2009).

It is clearly established that "the First Amendment prohibits government officials from subjecting an individual to retaliatory actions, including criminal prosecutions, for speaking out." Hartman v. Moore, 547 U.S. 250, 256 (2006). To state a prima facie First Amendment retaliation claim, Everson must establish (1) protected speech; (2) injury as a result of defendant's actions; and (3) causation. See Mt. Healthy City Sch. Dist. Bd. of Educ. v. Doyle, 429 U.S. 274, 287 (1977).

Picketts first argues that Everson's allegations do not constitute a prima facie retaliation claim because they fail to establish a lack of probable cause, an element of causation. He is correct that § 1983 claims for retaliatory prosecution and arrest fail as a matter of law if the defendant had probable cause. See Hartman, 547 U.S. at 261-62 (Bivens claim for retaliatory prosecution); Barnes v. Wright, 449 F.3d 709, 720 (6th Cir. 2006) (retaliatory arrest). Probable cause exists when an officer has reasonably trustworthy information sufficient to warrant a prudent person in believing that a suspect has committed a crime. Gardenhire v. Schubert, 205 F.3d 303, 315 (6th Cir. 2000). In determining whether probable cause existed in this case, we examine the totality of the circumstances from the perspective of the arresting officer at the time of the arrest. Parsons v. City of Pontiac, 533 F.3d 492, 501 (6th Cir. 2008). In § 1983 actions, the existence of probable cause is a jury question unless only one reasonable determination is possible. Id. (citing Fridley v. Horrighs, 291 F.3d 867, 872 (6th Cir. 2002)).

In this case, there are genuine disputes of material fact about whether Picketts intentionally changed Lemonious's statement in his report, spoke privately with Mrs. Fitzpatrick in her home at length before she gave her formal statement, and influenced the content of Mrs. Fitzpatrick's statement. Viewing the facts in the light most favorable to Everson, a reasonable jury could find that, at the time Picketts sought an arrest warrant for Everson, the information he had collected against her was not reasonably trustworthy. Because more than one reasonable determination as to probable cause is possible, it is therefore appropriate to allow the case to proceed to trial.

Picketts's argument that this court should accept the prosecutor's and state court's findings of probable cause as evidence that probable cause existed is inapposite. Because these probable cause determinations were based only on the evidence that Picketts included in his report-which did not describe the circumstances, as alleged by the plaintiff, surrounding Lemonious's and Mrs. Fitzpatrick's statements-we do not find them probative to the issue of whether Picketts had sufficient reasonably trustworthy information at the time of the arrest.

Picketts also contends that the district court's finding that genuine issues of material fact exist was erroneous because it relied on a series of unreasonable adverse inferences and omitted a number of relevant facts. But the "contention that the district court erred in finding a genuine issue of fact for trial is not the type of legal question which we may entertain on an interlocutory basis." Gregory, 444 F.3d at 743. Although this court has recognized an apparent exception "'where the trial court's determination that a fact is subject to reasonable dispute is blatantly and demonstrably false,'" Moldowan, 578 F.3d at 370 (quoting Wysong v. Heath, 260 F. App'x 848, 853 (6th Cir. 2008)) (internal quotation marks omitted), that exception does not apply here. The district court noted the following disputed facts, among others: (1) when Picketts opened his investigation into Everson; (2) whether Lemonious told Picketts that Everson said she had not been raped; and (3) when and how Mrs. Fitzpatrick surfaced as a witness. All of these facts are material to the existence of probable cause. These facts are also genuinely in dispute: each party answers these questions differently, each party's allegations of fact are supported by witness statements, and no objective evidence makes one party's allegations obviously false. Cf. Scott v. Harris, 550 U.S. 372, 380-81 (2007) (finding no genuine dispute of material fact where video evidence blatantly contradicted the plaintiff's allegation that he was driving carefully). Because the district court's finding of genuine issues of material fact was not blatantly and demonstrably false, we lack jurisdiction to undertake further review in this regard.

III. CONCLUSION

For the reasons discussed above, we AFFIRM the judgment of the district court denying Picketts's motion for summary judgment.

Opinion Footnotes

*fn1 Defendant Calhoun County appealed the district court's determination that it was not entitled to sovereign immunity, but withdrew its appeal of this issue at oral argument.