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Kulwicki v. Dawson

Kulwicki v. Dawson

United States Court of Appeals for the Third Circuit

December 12, 1991, Argued ; July 2, 1992, Filed

Nos. 91-3358, 91-3394

Opinion

 [*1456]  OPINION OF THE COURT

ROTH, Circuit Judge 

Appellants Dawson, Loutzenhiser and Mullen challenge the district court's denial [*1457]  of their individual claims of official immunity. Dawson is the District Attorney for Crawford County, Pennsylvania. Loutzenhiser [**2]  and Mullen are both employed by the City of Meadville Police Department, Loutzenhiser as a Detective Sergeant and Mullen as the Chief of Police.

Appellee Kulwicki, a local attorney, brought suit against the three men under 42 U.S.C. § 1983, alleging that they conspired to deprive him of constitutional rights when they unsuccessfully charged him in the fall of 1988 with criminal conspiracy and attempt to deal in infant children. 1 See 18 Pa. Cons. Stat. Ann. §§ 903, 901(4305) (1983). Kulwicki alleges he suffered additional constitutional affront from the appellants' solicitation of false witness testimony in support of the charges, false testimony at trial, and publication of the criminal charges in the local media.

Dawson filed a motion to dismiss and/or for summary judgment under Fed. R. Civ. P. 12(b)(6), raising the defense of absolute immunity. 2 Appellants Loutzenhiser and Mullen submitted motions to dismiss [**3]  under Fed. R. Civ. P. 12(b)(6), asserting qualified immunity. The trial court denied each of their claims. We will affirm in part and reverse in part.

Procedural History 

Kulwicki's claims arise out of an unsuccessful criminal prosecution against him in Pennsylvania state court, based upon his alleged role in a conspiracy to deal in infant children. He was charged with criminal conspiracy to deal in infant children on October 13, 1988, and with an attempt to deal in infant children on December 19, 1988. On May 19, 1989, after a five-day jury trial, a jury acquitted Kulwicki of the criminal charges. The jury deliberated for less than one hour before coming to its verdict. Commonwealth v. Joseph F. Kulwicki, III, Crim. No. 1988-674 (C.P. of Crawford County) (1988).

After he was acquitted, Kulwicki initiated [**4]  the present action in federal district court. His amended complaint sets forth ten separate violations of federal and state law:

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969 F.2d 1454 *; 1992 U.S. App. LEXIS 15103 **

JOSEPH F. KULWICKI, III and JUDITH ANN KULWICKI, his wife v. JOHN M. DAWSON, Appellant at No. 91-3358 JACK L. LOUTZENHISER and ROBERT J. MULLEN, Appellants at No. 91-3394 and THE CITY OF MEADVILLE, a Municipal Corporation, and CRAWFORD COUNTY, a Municipal Corporation.

Subsequent History: As Amended July 31, 1992.

Prior History:  [**1]  On Appeal From the United States District Court For the Western District of Pennsylvania. (D.C. Civil Action No. 90-127E)

CORE TERMS

immunity, absolute immunity, qualified immunity, charges, motion to dismiss, initiated, summary judgment, prosecutorial, interview, alleges, criminal charge, district court, infant child, proceedings, confession, appellate jurisdiction, quasi-judicial, conspiracy, media, prosecute, baby, malicious prosecution, constitutional right, criminal complaint, false testimony, solicitation, Appeals, custody, motives, arrest

Civil Procedure, Appeals, Appellate Jurisdiction, Collateral Order Doctrine, Civil Rights Law, Immunity From Liability, Local Officials, Customs & Policies, Constitutional Law, Congressional Duties & Powers, Speech & Debate Immunity, Summary Judgment Review, Appealability, General Overview, Dismissal of Appeals, Standards of Review, De Novo Review, Defenses, Demurrers & Objections, Motions to Dismiss, Failure to State Claim, Dismissal, Involuntary Dismissals, Failure to State Claims, Judicial Officers, Judges, Discretionary Powers, Responses, Motions to Dismiss, Torts, Public Entity Liability, Immunities, Judicial Immunity, Legal Ethics, Prosecutorial Conduct, Criminal Law & Procedure, Juvenile Offenders, Sentencing, Confinement Practices, Prosecutorial Misconduct, Counsel, Prosecutors, Self-Incrimination Privilege, Immunity, False Statements Under Grant of Immunity, Scope of Immunity, Defenses, Privileges, Absolute Privileges, Final Judgment Rule, Reviewability, Preliminary Proceedings, Preliminary Hearings, Evidence, Protection of Rights, Section 1983 Actions, Scope, Freedom of Speech, Defamation, Elements