S.L. v. Pierce Twp. Bd. of Trustees

Pierce Township Officer Homer responded to a call from S.L.’s mother and “smelled smoke.” S.L.’s mother stated that her teenage son had set fires in the house and that she had found smoldering Popsicle sticks in his bedroom. Homer entered S.L.’s bedroom. Popsicle sticks were not visible, but S.L. allegedly admitted that he had the fire. Homer asked whether he was afraid that the house might catch fire. S.L. responded, “I really don’t care.” Homer arrested S.L. for aggravated arson, transported him to the Juvenile Detention Center, and prepared a complaint charging S.L. as delinquent. Bartley, a deputy clerk, signed the complaint, attesting that Homer had taken an oath in his presence, but never administered the oath. S.L. appeared 12 hours later before Judge Wyler, who scheduled the pre-trial hearing and ordered continued detention pending psychological evaluation. S.L. was released a week later; the charge was dismissed. S.L. sued. Concerning claims against Homer under 42 U.S.C. 1983, the district court held that a genuine dispute of material fact existed on probable cause for arrest. Concerning Bartley, the court held that there is no duty for a detention clerk to make an independent assessment of probable cause and that a genuine dispute of material fact existed as to whether Bartley had legal authority to administer oaths. The court denied summary judgment for the township because the judge did not make a probable-cause determination. There was insufficient evidence that police training was inadequate. The court denied summary judgment based on a qualified immunity defense. The Sixth Circuit affirmed. View "S.L. v. Pierce Twp. Bd. of Trustees" on Justia Law