Opinions of the United
2005 Decisions States Court of Appeals
for the Third Circuit
6-8-2005
Edwards v. Kelly
Precedential or Non-Precedential: Non-Precedential
Docket No. 04-3105
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NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 04-3105
STEPHEN EDWARDS
Appellant
v.
MARK KELLY, OFFICER, BADGE NO. 5894, A BENSALEM POLICE
DEPARTMENT OFFICER AND MEMBER OF THE EASTERN AUTO THEFT TASK
FORCE; ERIK TURK, CORPORAL, BADGE NO. 37, AN OFFICER OF THE
BETHLEHEM POLICE DEPARTMENT AND MEMBER OF THE EASTERN AUTO
THEFT TASK FORCE; FREDRICK HARRON, OFFICER, DEPUTY DIRECTOR OF
PUBLIC SAFETY WITH THE BENSALEM TOWNSHIP POLICE DEPARTMENT
On Appeal from the United States District Court
for the Eastern District of Pennsylvania
(D.C. No. 03-cv-03006)
District Judge: Honorable Ronald L. Buckwalter
Submitted Pursuant to Third Circuit LAR 34.1(a)
April 21, 2005
Before: ROTH, FUENTES, and STAPLETON, Circuit Judges.
(Filed June 8, 2005 )
OPINION OF THE COURT
FUENTES, Circuit Judge.
Stephen Edwards appeals from the District Court’s grant of summary judgment in
favor Officers Mark Kelly, Erik Turk, and Fredrick Harran. Edwards sued the defendants
for various federal and state civil rights violations arising out of his arrest for forgery,
tampering with public records, and securing execution of documents by deception. The
District Court granted judgment in favor of the defendants after finding that probable cause
existed and that no material omissions or false assertions were made in the probable cause
affidavit. Because we agree that there were no material omissions or assertions in the
affidavit, we will affirm.
I.
As we write solely for the benefit of the parties, who are well acquainted with the
facts of this case, we only present the relevant facts.1 Stephen Edwards has owned and
operated A Super-Limo Company (“Super-Limo”), which, as the name suggests, provides
limousine service in various cities around the country. In January 2000, Edwards acquired
a car (the “Car”) for Super-Limo by wiring money to an associate and directing her to
purchase Car with a cashier’s check (the “Check”). She registered and titled the car in her
name, in accordance with Edwards’s request.
1
We note that the briefs often spell the names of people and entities in different ways.
We use the spellings most frequently used by the District Court.
2
Edwards was later informed by Louis Devers, a former driver of his that had started
his own limousine company, All Star Limousine (“All Star”), that Devers was seeking an
additional car in order to meet rising demand. Edwards decided to transfer the Car to Devers,
and Devers agreed to pay a monthly rental fee for the Car and had the title changed to name
All Star. Edwards claims that the transfer of the Car was done as part of an oral agreement
involving his purchase of All Star, which never reached consummation.
Over time, Edwards relationship with Devers deteriorated and Edwards demanded that
the Car be returned. Devers refused to return the Car, as he believed that Edwards owed him
money. Edwards made several requests for the Car, and after each refusal, he contacted the
Bensalem Police Department to complain. He was advised that this was a civil matter and
that he should file a civil complaint.
During this time, Edwards contacted PennDOT (the Pennsylvania agency responsible
for the titling of cars, among other things) in order to get the Car titled in his name. He told
the service representative that he had lost the title and provided her with the Bill of Sale and
proof of insurance as evidence of his ownership. Edwards submitted the forms needed to get
the title issued, signing them on behalf of All Star, even though he had not actually purchased
the company. The title was issued.
Edwards’s repeated complaints came to the attention of the Department’s Deputy
Director of Public Safety, Fredrick Harran, who eventually directed Officer Mark Kelly, a
fellow member of the state’s Auto Theft Task Force, to investigate the possibility that two
3
titles existed for the Car. Kelly was assisted by State Trooper Erik Turk, who is also a
member of the Task Force. In support of his complaints against Devers, Edwards had faxed
documents, including the new title, to the Police. In the course of his investigation, Kelly
noticed that one copy of the Check, photocopied at the bottom of the Bill of Sale, differed
from another copy, which accompanied the insurance temporary identification card. There
were no differences that would have any practical consequences.2 Having verified the
authenticity of the Bill of Sale copy of the Check, Kelly came to believe that the insurance
copy was not genuine. Based on interviews with the notary public who notarized forms for
Edwards and the various other people involved in this matter, Kelly and Turk concluded that
Edwards had acted fraudulently in obtaining title from PennDOT by falsely representing
himself as the owner of All Star.
Kelly and Turk filed an affidavit of probable cause, and were granted an arrest warrant
for Edwards on charges of forgery, tampering with public records, and securing execution
of documents by deception. Because Edwards resided in Arizona, Turk prepared the
paperwork to support an extradition warrant. The need for extradition was obviated by
Edwards’s decision to return to Pennsylvania voluntarily. After a preliminary hearing,
Edwards was held over based on three of the charged counts, and the case was eventually
nolle prossed by the District Attorney’s office.
2
The alignment of some of the information on the checks was clearly different, the
name of the payee included “Inc.” on one check but not the other, and the signatures on
the checks were not identical.
4
Edwards brought suit against Harran, Kelly, and Turk under 42 U.S.C. § 1983 for
false arrest, arrest without probable cause, false imprisonment, and malicious prosecution.
He also included supplemental state law claims of the same nature. Essentially, he contended
that the officers should have known that he did not possess the intent required under the
crimes for which he was charged, because all of the allegedly illegal activity was done under
his good faith belief that he owned the car. The District Court granted summary judgment
in favor of the officers after finding that probable cause existed on the facts in the affidavit
and that no material misrepresentations or omissions were made. The existence of probable
cause negated any Fourth Amendment violation, rendering the § 1983 claims defective, and
was fatal to the state law claims because the lack of probable cause was an element of each
of the claims. Having disposed of the claims on this ground, the District Court did not reach
the issue of qualified immunity (or immunity under the Pennsylvania Tort Claims Act).
Edwards appeals, contending that the District Court erred in granting summary
judgment to the defendants because genuine issues of material fact existed and the District
Court improperly resolved these issues and granted inferences in favor of the officers. His
main arguments all concern the District Court’s probable cause analysis.
II.
The District Court had jurisdiction over this § 1983 case under 28 U.S.C. § 1331 and
supplemental jurisdiction over the state law claims under § 1367. The standard of review
applicable to an order granting summary judgment is plenary. See Curley v. Klem, 298 F.3d
5
271, 276 (3d Cir. 2002). Accordingly, the District Court’s grant of summary judgment was
proper only if it appears “that there is no genuine issue as to any material fact and that the
moving party is entitled to a judgment as a matter of law.” Id. (quoting Fed. R. Civ. P.
56(c)). In evaluating the evidence, we are required to view the inferences to be drawn from
the underlying facts in the light most favorable to the party opposing the motion. Id. at 276-
77.
Police officers may submit affidavits of probable cause to judicial officers in order to
get arrest warrants. The Supreme Court has held that there is “a presumption of validity with
respect to the affidavit supporting [a] search warrant.” Franks v. Delaware, 438 U.S. 154,
171 (1978). This presumption applies with equal force to arrest warrants. See Wilson v.
Russo, 212 F.3d 781, 786 (3d Cir. 2000). In order to rebut this presumption
the plaintiff must prove, by a preponderance of the evidence, (1) that the
affiant knowingly and deliberately, or with a reckless disregard for the truth,
made false statements or omissions that create a falsehood in applying for [the]
warrant; and (2) that such statements or omissions are material, or necessary,
to the finding of probable cause.
Sherwood v. Mulvihill, 113 F.3d 396, 399 (3d Cir. 1997); see also Wilson, 212 F.3d at 786
(applying the test in the arrest warrant context). “[O]missions are made with reckless
disregard if an officer withholds a fact in his ken that any reasonable person would have
known . . . was the kind of thing the judge would wish to know.” Wilson, 212 F.3d at 788
(internal quotation and alteration omitted). “An assertion is made with reckless disregard
when[,] viewing all the evidence, the affiant must have entertained serious doubts as to the
6
truth of his statements or had obvious reasons to doubt the accuracy of the information he
reported.” Id. (internal quotation omitted).
“To determine the materiality of the misstatements and omissions, we excise the
offending inaccuracies and insert the facts recklessly omitted, and then determine whether
or not the ‘corrected’ warrant affidavit would establish probable cause.” Id. at 789.
“Probable cause to arrest exists when the facts and circumstances within the arresting
officer’s knowledge are sufficient in themselves to warrant a reasonable person to believe
that an offense has been or is being committed by the person to be arrested.” Orsatti v. N.J.
State Police, 71 F.3d 480, 482 (3d Cir. 1995).
III.
Edwards first argues that the officers knew or should reasonably have known that the
copy of the check mailed to the PennDOT was not forged due to various facts of which they
were aware. However, the important question here is whether those facts were omitted from
or misstated in the affidavit, and if so, whether the omissions or misstatements were material.3
3
Edwards only argues on appeal that the affidavit of probable cause was based on false
or omitted information. Thus, the issue here is not whether the judicial officer erred in
granting the arrest warrant, and therefore there is no need to consider whether probable
cause actually existed based on the facts as stated in the affidavit. See Egervary v.
Young, 366 F.3d 238, 250-51 (3d Cir. 2004) (stating that where “the judicial officer is
provided with the appropriate facts to adjudicate the proceeding but fails to properly
apply the governing law and procedures, such error must be held to be a superseding
cause, breaking the chain of causation for purposes of § 1983 . . . liability). Although
Edwards spends much of his brief outlining why he thinks that no probable cause existed
with respect to the facts in the affidavit, that argument is irrelevant to this appeal. Insofar
as those arguments can be construed as suggesting that the officers omitted material legal
conclusions, they are untenable. See id.
7
Edwards asserts that the officers omitted the following facts 4 : (1) that the bank on which the
Check was drawn had confirmed the authenticity of a “nearly identical copy” of the Check that
Edwards had earlier provided to the police; (2) that, because Edwards had previously provided
the verified copy of the Check referenced above, he had no reason to forge the insurance copy;
(3) that the discrepancies (which he lists) between the two copies were not material; and (4)
that the charges related to the forgery were ultimately dismissed.
There was no omission with respect to the first fact, as the affidavit recognizes that one
of the checks was verified to be the actual check. (App. 773.) As to the second “fact,” the
factual bases for that assertion were present in the affidavit and thus it was also not an
omission. Moreover, the officers did not know why Edwards had submitted two different
copies purporting to be the same check (given the minuteness of the differences), but that does
not mean that they had to conclude that there was no reason why he did it. Indeed, the very
fact that he did so suggests that he had some reason. With respect to the third fact, the affidavit
does list the differences, so, again, no omission could be charged.5 (App. 771.) Insofar as
Edwards is suggesting that it was a reckless omission to fail to disclose that the differences
were not material, his argument must be rejected. That determination is a legal one, and it is
4
We agree with the District Court that, because Edwards’s claims all center around the
probable cause affidavit, Harran’s status as a defendant is somewhat puzzling. However,
we need not dwell on this point, as we affirm the rejection of all of the charges.
5
Edwards suggests that the District Court improperly weighed evidence in scrutinizing
the differences between the copies of the Check. However, the District Court simply
recites the discrepancies from the affidavit, and there is no dispute over these differences.
8
properly left to the judicial officer scrutinizing the affidavit. See Egervary, 366 F.3d at 250-51.
The last “fact” obviously was not in the officers’ possession when the affidavit was filed and,
moreover, it is not relevant to a probable cause determination. See Dowling v. City of
Philadelphia, 855 F.2d 136, 141 (3d Cir. 1988). Thus, with respect to the facts surrounding
the “forged” copy of the Check, Edwards points to no reckless omissions or
misrepresentations.
Edwards cites facts allegedly negating any possible specific intent to defraud. He states
that the officers knew that: (1) Edwards was the equitable owner of the Car; (2) Edwards
believed that he was the legal owner of the Car; (3) Edwards was repeatedly imploring the
police to investigate Devers’s fraudulent procurement of the Car at the same time as he was
allegedly perpetrating the title fraud; and (4) they (the officers) failed to inquire with Edwards
as to why he executed the PennDOT forms.
Edwards’s claim to equitable ownership of the Car is based on his having paid for the
vehicle. This fact is noted in the affidavit, and therefore there was no omission. (App. 773.)
Once again, there is no need for the officers to have stated the possible legal effect (equitable
ownership) of his purchase of the Car. The second “fact” is apparent from the narrative of the
affidavit–Edwards was clearly trying to get the Car back because he believed that he owned
it. (App. 769-77.) It cannot be said that there is any omission. Edwards’s near-continuous
calling of the police is also well documented in the affidavit. (App. 770.) As to the last
allegation, the affidavit states that one of Edwards’s employees (who the police believes was
9
Edwards himself) was asked over the phone about the discrepancies between the checks and
told that the issue was going to be investigated when he called to inquire about the Car. Thus,
Edwards was on notice of the investigation and could have offered reasons for his action. In
addition, Edwards points to no duty that would require officers to give suspects a chance to
explain their apparently criminal behavior before arresting them. Accordingly, there was no
omission with respect the facts surrounding Edwards’s intent, and, for reasons already
discussed, Edwards’s quarrel with the judicial officer’s probable cause determination with
respect to his intent to defraud is not relevant to this appeal.
Finally, Edwards suggests that the District Court erred in finding that he had not
presented enough evidence to go forward on his retaliation claim. As an initial note,
Edwards’s complaint does not appear to state a “retaliation” claim, and whether he can satisfy
the malice prong of the malicious prosecution claims is irrelevant, as those claims fail on
probable cause grounds. In any case, we agree with the District Court that his claims of
retaliatory intent are bare allegations devoid of evidentiary support.
IV.
Because we find that the District Court was correct in determining that the probable
cause affidavit contained no material misstatements or omissions, we will affirm.
10