09012012 - Officer James Moore - Detroit PD

In September, Detroit Police Officer James Moore assaulted his wife. Within 30 days of that assault, Moore assaulted his girlfriend: Officer Deloma Stone. 

Moore was not arrested for either assault. He was not charged with domestic violence. He was not even fired or suspended from the DPD.

Instead, the Detroit PD simply demoted Moore. That's all...

DPD commander demoted after domestic violence allegations
Posted: Oct 30, 2012 3:34 PM CDT
Updated: Oct 30, 2012 9:04 PM CDT
By Fox 2 News Staff
http://www.myfoxdetroit.com/story/19956402/sources-dpd-commander-demoted-after-domestic-violence-allegations

DETROIT (WJBK) -- The Detroit Police Department says they have demoted Commander James Moore two ranks to lieutenant. The move comes after Fox 2 reported that Moore was under investigation by internal affairs for two alleged domestic violence incidents.

Earlier this month, Fox 2's Ronnie Dahl explained that the incidents reportedly took place over a 30 day period and involved Detroit police officer Deloma Stone.

"Based on the seriousness of these allegations, his role as commander was compromised in the police department and in the community. Standards for appointees are higher than that of other ranking officers. There are consequences for any allegation of inappropriate behavior. We will investigate all reports of misconduct," Interim Chief of Police Chester Logan said in a statement.

"The chief's action is consistent with my desire to eliminate improper behavior in the police department and all City of Detroit departments," said Mayor Dave Bing. "Employee misconduct will not be tolerated."

Moore told Dahl by phone that he wasn't romantically involved with Stone and had done nothing wrong.

Dahl also reported that while the case was presented to the Wayne County Prosecutor's Office, there would be no criminal charges because Stone was not "cooperating with the investigation".

The mayor's office says Moore has been with the police department since 1978 and was elevated to the rank of commander in 2007.









Detroit Cop Beat Goes on as Inspector's Johnson Exposed
Posted: Oct 26, 2012 12:52 PM CDT
Updated: Oct 26, 2012 3:58 PM CDT
By Charlie LeDuff
FOX 2 News
http://www.myfoxdetroit.com/story/19925812/johnson-text-the-latest-in-laundry-list-of-detroit-police-sex-scandals

DETROIT (WJBK) - Super cop Don Johnson - caught super-exposed?

Nobody can accuse the Detroit Police department these days of being anything less than transparent. After placing a call to the mayor's office, Inspector Don Johnson, commanding officer of the Homeland Security division, was suspended with pay pending the results of an Internal Affairs investigation. Police sources say Johnson apparently texted a female subordinate a snapshot of his "johnson."

We're also told the female subordinate is married but the photograph was found by her boyfriend, also a cop and also her subordinate.

Trying to get our hands around this one, we reached out to Johnson. He is on a pre-planned vacation, which is a regrettable stroke of coincidence seeing as the Worlld Series is in town this weekend.

So what in the world is going on in the Detroit Police Department? Remember earlier this month that Chief Ralph Godbee was forced to resign in a sex and text scandal of his own after a scorned female officer tweeted a photograph of herself with her lips wrapped around her service revolver? Godbee dispatched a group of undercover cops to track her down.

Godbee was in San Diego at the time attending a police convention. It was revealed that he was there canoodling with another woman who stayed in his room, which was paid for with money seized from Detroit drug dealers.

In a limp defense, Godbee insisted the room had two beds and the two never commingled. But according to reservation documents obtained under the Freedom of information act, Godbee booked a room with only one bed. According to city lawyers, Godbee has not turned in his receipts.

In a tidy bit of synchronicity, it happens that Inspector Johnson made the San Diego trip too. One can only imagine the late night bar scene at that hotel. Hot dog!

The whole scene is more shabby than an Eight-Mile motel room rented by the hour. Because this isn't even the SECOND sex scandal to hit the Motor City this week.

Consider Detroit Police Commander James Moore is also being investigated by Internal Affairs for punching a female officer, one of two domestic violence incidents between the two in a 30-day period.

Moore said he has done nothing wrong and denied that he and the female officer are romantically involved. After all the female officer lives at his Detroit home sure, but Moore lives with his wife and children in the suburbs!

Then consider that Third Circuit Court Judge Wade McCree was publicly reprimanded by the Michigan Supreme Court this week for texting a naked portrait of himself to a female bailiff.

When we showed the barrister the shower scene photograph of him in his birthday suit last April, Hizzoner crowed: "Hot Dog. Yep that's me. There's no shame in my game!"

Hot Dog, indeed!

No wonder we can't catch or convict criminals in Detroit. Our public officials are obviously distracted, carrying on like they're at a cocktail party at Larry Flynt's pleasure palace. Maybe it's time to put some shame in the game.















DPD commander being investigated by internal affairs
Posted: Oct 22, 2012 10:36 PM CDT
Updated: Oct 22, 2012 10:37 PM CDT
By Ronnie Dahl
FOX 2 News Reporter
http://www.myfoxdetroit.com/story/19887018/dpd-commander-being-investigated-by-internal-affairs


DETROIT -- For several weeks, FOX 2 has learned the Detroit Police Department's Internal Affairs Division has been investigating the alleged actions of Commander James Moore. Within a 30 day period, he was reportedly involved in two domestic violence incidents with fellow female officer Deloma Stone.

"You may know more about that than I do at this point, but I will say to you that it will be dealt with," Mayor Dave Bing said.

According to internal affairs, Stone's young son called 911 in September and reported his mom had been assaulted by Moore outside a liquor store.

Not long afterwards, Detroit police were called to a home on Strathmoor on the city's west side. It's owned by Moore, but Stone was living there at the time. She told dispatchers she was having problems with her partner. When cops arrived, Moore was already gone.

Bing was asked about the incident during a press conference Monday.

"We've had issues in our police department with these kind of relationships, and it's not something that we accept," he said.

Bing pledged change is on the way.

"We are going to have some different policies that are going to come out that the city has never had before, and I'm probably a week, two weeks away from getting that (drafted) and (finalizing) that."

We were unable to reach Stone, and Moore wasn't home when we stopped by his house. The married father later told us by phone he has done nothing wrong and is not involved romantically with Stone.

We have learned this case was turned over to the Wayne County Prosecutor's Office, but no criminal charges will be filed because Stone is not cooperating with the investigation. Meanwhile, Moore could still be in trouble with the police department for not reporting the use of force.

08122012 - Dispatcher Sonte Rounda Everson Lawsuit Against Detective Picketts Jr.

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.