Procedurally Defective Investigation Did Not Violate A "Clearly Established" Constitutional Right
PURVIS v. OEST (AUGUST 2, 2010)
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Gina Purvis was a high school teacher in Spring Valley, Illinois. In early 2004, rumors of a sexual relationship between Purvis and a 15-year-old student arose. Principal Patricia Lunn questioned Purvis and the student. When both denied the truth of the rumors, she dropped it. However, when the rumors resurfaced the following year, Lunn and Superintendent Oest decided to investigate. Oest and Dean of Students Gary Vicini carried out the investigation. Unfortunately, Vicini knew that Purvis had reported him for the sexual harassment of a student the prior year. Lunn was aware of Vicini's conflict, although Oest was not. Oest and Vicini interviewed the student, who denied the relationship. There is evidence that Vicini then threatened the student with expulsion if he continued to deny the relationship. The student recanted his denial, admitted the relationship, and provided numerous details about its development. Oest reported the matter to the local police, who in turn reported the matter to the Department of Children and Family Services (“DCFS”). Neither the police nor DCFS were informed of Vicini's potential bias. The police investigation resulted in significant additional information, some of which supported the student's admission and some of which did not. Of particular importance was the fact that the student's cousin, while on leave from the Navy, picked the student up from Purvis' house and saw them kissing. Purvis was arrested and resigned her teaching position but was later acquitted of all charges. She brought suit alleging a denial of due process and false arrest against Oest, Lunn, Vicini, and the police investigator. Judge Mihm (C.D. Ill.) denied the defendants' request for summary judgment, finding genuine issues of fact with respect to the constitutional violation itself and concluding that the defendants were not entitled to qualified immunity. The defendants appeal.
In their opinion, Judges Cudahy, Manion, and Williams reversed. First, the Court found genuine issues of material fact both with respect to Vicini's bias and with respect to the independence of the subsequent investigations by the police and the DCFS. Due process is not provided when the process is biased and deprives one of a protected interest. Purvis had a protected interest in her job as a tenured teacher. The Court concluded that a jury could find that the subsequent investigations did not cure the fundamental bias present in the original investigation. The Court then addressed qualified immunity. The first prong of the qualified immunity test was already answered in the Court's treatment of the summary judgment appeal. The facts in a light most favorable to Purvis demonstrated a constitutional violation. Application of the second prong of the test, whether the right was "clearly established," led the Court to conclude that each of the non-police defendants was entitled to qualified immunity. Oest was not even aware of Vicini's bias and could not have knowingly violated a clearly established right. Lunn and Vicini are also entitled to qualified immunity based on the Court's conclusion that there was no case law holding that reporting Purvis to a separate body for an independent investigation violated a clearly established constitutional right. Finally, the Court concluded that the police investigator was entitled to qualified immunity under the first prong of the test. The officer had probable cause to arrest Purvis -- there was no constitutional violation. The evidence uncovered by the police officer "easily" met the probable cause standard -- whether there is a probability of criminal activity. Although significant exculpatory evidence was uncovered in the police investigation (enough, in fact, that Purvis was ultimately acquitted), it did not negate the existence of probable cause. As an alternative ground for finding qualified immunity, the Court noted that a reasonable police officer would believe probable cause existed even if it did not.
