By Gregory A. Hall, Louisville Courier-Journal
A federal appeals court has reinstated a lawsuit filed by a Nelson County woman alleging that the failure by Louisville police to serve a warrant helped lead to her daughter being murdered by her live-in boyfriend four years ago.
Christy Caldwell’s 25-year-old daughter, Rebecca Caldwell, was found strangled Sept.19, 2000, seven days after a warrant for Benjamin A. Mills Jr.'s arrest had been issued, the lawsuit claimed. Mills was sentenced to life in prison in 2001 after pleading guilty in 2000 to murdering Rebecca Caldwell.
U.S. District Judge Edward Johnstone granted the city’s summary judgment request last year, prompting Caldwell’s appeal to the Sixth Circuit Court of Appeals in Cincinnati.
The appellate court ruled Thursday that the city’s problems with serving warrants and the failure of one detective to serve the warrant make it possible that a jury could side with Caldwell.
“I am just thrilled that they’ve reinstated the case,” Christy Caldwell said. “I want them (city officials) to be held accountable for what they did.”
Bill Patteson, a spokesman for the Jefferson County attorney’s office, which represents the city, declined to comment because the lawsuit is ongoing.
Johnstone ruled that a reasonable person could not conclude that the city’s actions were gross enough to say that Rebecca Caldwell’s civil rights had been violated.
Johnstone made a similar finding on Caldwell’s allegation that the city was negligent under state law.
The Court of Appeals opinion overturned Johnstone on the civil-rights claim, but agreed with him on the state law claim.
“Viewing the evidence in a light that is most favorable to Christy Caldwell, the LPD, at a minimum, failed to implement a reasonable policy for processing warrants despite its recognition for such a need and in spite of the obvious risks that its actions would violate a constitutional right,” the opinion said.
Police revised their warrant-serving process after Caldwell’s murder.
The opinion also was critical of the actions of Mary Lett, a former detective on the old city of Louisville police force.
Mills had a history of beating Rebecca Caldwell, the opinion said. But Rebecca Caldwell had opposed police efforts to prosecute him and filed an internal affairs complaint against Lett, accusing the detective of forcing her to aid their investigation of Mills, the opinion said.
At the time a warrant was issued for Mills’ arrest, a prosecutor called Lett to tell her that the warrant had been issued, the opinion said.
With the internal affairs complaint pending, Lett declined to serve the warrant, saying she would have someone else do it, according to the complaint.
Then, about a week later, Mills strangled Rebecca Caldwell.
“Under the circumstances which have been placed upon the record, it is our judgment that Christy Caldwell can succeed in establishing that Lett was deliberately indifferent to the risks and dangers that her daughter faced during the mid-months of” 2000, the opinion said.
The opinion also said that Lett “had several days in which to fully consider and reflect upon her decision not to serve the warrant on Mills.
The evidence also indicates that she was aware of facts from which a reasonable inference could be drawn that Rebecca faced a substantial risk of serious harm.”
Lett has retired from the Louisville police, said Officer Dwight Mitchell, a Metro Police spokesman.
Attempts to contact Lett through the Jefferson County Sheriff’s Department, where she is now employed, were unsuccessful yesterday afternoon.
The decision “vindicates my client,” said Caldwell’s attorney, Will Driscoll.