Former deputy who sued woman for lying about rape awarded $1 million
A former Washtenaw County sheriff’s deputy who sued a woman for falsely claiming he raped her was awarded $1 million in damages after the woman failed to respond to the lawsuit, county court records show.
Washtenaw County Circuit Judge David Swartz entered an order of default judgment June 16 against Marianne Joseph, who was sued by Deputy Eric Kuhn, records show.
Kuhn testified about “the effects the false accusations have had on him and his family,” said his attorney, Rick Convertino.
Records show various attempts were made to serve Joseph with the lawsuit, including by a police officer hired by Convertino's firm. The officer visited Joseph's home in Superior Township on three occasions after the suit was filed Jan. 14.
According to an affidavit by the officer, he stopped by the home Jan. 21 and saw a woman believed to be Joseph look through the window, but she wouldn't come to the door.
Four days later, an older woman who said she was Joseph's mother answered the door, but "advised she could not accept service of the complaint" on Joseph's behalf, the affidavit says. The officer stopped by again on Jan. 27, but there was no answer, the affidavit says.
Other efforts were made to serve the complaint, including by mail, records show.
Joseph was sentenced June 17, 2009, to two years of probation after pleading guilty to filing a false police report in the case, records show. According to the suit, Kuhn arrested Joseph on Oct. 20, 2008, after she ran from deputies following a traffic stop in Superior Township.
While Kuhn was driving Joseph to the Washtenaw County Jail, Joseph told him if he didn't loosen her handcuffs, she would claim he raped her, the suit says. When they arrived at the jail, Joseph followed through with her threat, the suit says.
Kuhn has a federal lawsuit pending against Washtenaw County and sheriff's Lt. James Anuszkiewicz, alleging Anuszkiewicz, who is white, persisted with an internal investigation into the rape allegation in "whole or in part" because Kuhn is black.
That suit claims Kuhn took medical leave in May 2009 due to "severe emotional stress," and the county ended his employment after he requested an extension of unpaid leave beyond Jan. 3.
Lee Higgins is a reporter for AnnArbor.com. He can be reached by phone at (734) 623-2527 and email at leehiggins@annarbor.com.
Comments
Gomab
Fri, Jul 2, 2010 : 2:06 p.m.
I have looked at the article and all the comments. Some say its a money grab, some say its not, some say its a justified suite, some say its not. The truth is, when you work in a capacity to do serve and protect, you do it with assurance that those you report to would have your back, and protect you, as you protect the taxpayer. Deputy Kuhn had Mrs. Joseph on recorder regarding what she had claimed to do if he didn't loosen her handcuffs. If Deputy Kuhn's superiors heard that recording that deputy Kuhn recorded of Mrs. Joseph, and was told to stop with the investigation then what else did Deputy Kuhn's superiors need for them to stop from the investigation? One person said that Deputy Kuhn should conditioned to this kind of behavior from those that he arrests. True. That's why he had his tape recorder. Also Deputy Kuhn's superiors should also be conditioned to these kinds of acts by those that are arrested, and when presented with the evidence, there shouldn't have been any reason to continue in the investigation. Deputy Kuhn had shown just cause for Mrs. Josephs arrest, and presented evidence of what Mrs. Joseph would alleged. When Deputy Kuhn's superiors continued with the investigation neglecting the evidence presented by Deputy Kuhn and the command from their superiors to cease the investigation, proves that Deputy Kuhn's superiors didn't, or wasn't concern with protecting Deputy Kuhn as Deputy Kuhn served and protected the taxpayer, within there community. The suit is justified, therefore I would expect Deputy Kuhn to continue in winning the suite against the county, and whomever else has there hands in the mix.
DonMega
Fri, Jun 25, 2010 : 4:26 p.m.
Funny how people think it's a money grab but don't ask why the Lt continued a investigation after being told not to by his superiors. Did this Deputy try to sue before or is this the first time? And for those that say he should be used to it? Are you kidding? I am not a police officer, but I don't think anyone's skin is thick enough to take a white woman threatening to say she was raped by a black man, then a white Lt. pressing a investigation when told not to. Too bad we the taxpayers have to pay for the Lt's mistake or his built in feelings towards minorities.
chapmaja
Fri, Jun 25, 2010 : 12:08 a.m.
Scooterdog, I think you are slightly off on your garnishment information. I think the only legal amount than can be garshished from wages is a set amount or 25% of the wages. If she is making below a certain amount it is 25%, if it above the amount, it is the set amount. It is possible to get a court order to garnish back accounts which do not carry a maximum amount that can be taken (they can and will take it all). I still think this will be difficult to collect. This women doesn't sound like she exactly has loads of money to be paying off debts. It would not shock me if she has other garnishment's pending against her, which may eliminate any garnishment from this case.
Mick52
Thu, Jun 24, 2010 : 12:15 p.m.
I found the original story about the lawsuit, here's the link: http://www.annarbor.com/news/deputy-was-fired-for-complaining-about-improper-internal-investigation-lawsuit-alleges/
Mick52
Thu, Jun 24, 2010 : 12:10 p.m.
I recall an earlier article about this which explained the story further including the quest of the Lt on the internal investigation of this deputy after apparently being told not to by I believe two other WCSD command officers. My main question then was why was this internal investigation into this alleged rape ongoing after the Lt was told to stop. So if you are a black male and a white supervisor continues on in an internal investigation after being told not to, that kind of makes me wonder what the heck is going on and racial bias is as good a reason as any. Also if I recall correctly, the deputy had his recording device going anyway and her comments were recorded. So it seemed odd that this incident reached the level it did. At the time of the story I am trying to recall, I posted several questions in re to the story leaving readers with questions. Mr. Higgins, is that story still online? Can we get a link to it? I do not recall if any of my questions were addressed. It was one bizarre escapade. The other thing that might be of interest is whether or not Ms Joseph is capable of ponying up this reward. Just based on her address might give us a clue on what her personal worth is. I'm thinking that a person wealthy enough to pay $1 mill is not going to act like she did. This reward may never be realized unless Joseph hits the lotto. And if she comes forward and admits she lied the county may have a problem defending itself from the deputy's suit.
angela
Thu, Jun 24, 2010 : 11:40 a.m.
He is suing because he sais a the officer who investigated the case is white and the case was only investigated internally because the accused is black. Cant anyone read anymore. Kuhn believes the only reason there was an investigation was in whole or in part because he was black. Everything must always be about color. Heaven forbid the ivestigation not be conducted the Ms Joshiph would sue because she wasnt taken seriously because shes a woman, then the police officers would sue eachother because some are tall and some are short. This is just a money grab and its disgusting
Gorc
Thu, Jun 24, 2010 : 11 a.m.
@ riverb - according to the article the county did not extend his leave of absence beyond his request. The Family Medical Leave Act (FMLA) typically allows 84 days of leave time. He probably exhusted the FMLA time that was due to him. I fully understand that being a police office is a very stressful profession, but I'm sure dealing with people with the ilk like Mrs. Joesph on a cosistant basis should condition Officer Kuhn to this situation. I still beleive he is probably just looking for a pay day. And if that is the case....it's wrong.
scooter dog
Thu, Jun 24, 2010 : 10:09 a.m.
She'll pay one way or another Either by attaching 1/2 of her pay each week or putting a lein on her house,she will pay.
River B
Thu, Jun 24, 2010 : 10:04 a.m.
I'm struggling with why Deputy Kuhn would be considered a villain because he's suing the Sheriff's Dept. I don't believe the lawsuit is based on the fact that the department investigated her false accusation. I would assume his suit is based on their refusal to extend his unpaid medical leave. Despite having worked in an extremely stressful situation myself, I don't think most of us could begin to imagine how horrendous it would be to be falsely accused as he was. To have one's unpaid leave denied is akin to throwing salt on the wound.
bruceae
Thu, Jun 24, 2010 : 9:30 a.m.
There are ways to collect something. If she has a job, home, car, etc. you can go back to court and start taking away her stuff and garnishee her wages.
Magoo
Thu, Jun 24, 2010 : 8:29 a.m.
There is obviously some missing info about the investigation the county did. More details might help the reader understand.
Gorc
Thu, Jun 24, 2010 : 8:02 a.m.
As I am reading this article, I am thinking to myself good for Officer Kuhn for fighting back against a false accusation. And being awarded a financial judgement against a liar like Mrs. Joseph is what she deserves. Good luck collecting...there's a big difference between winning a lawsuit and actually being able to collect. But....as I was finishing reading the article, my impression is that Officer Kuhn is acting hypocritically. Suing the the county because they investigated the false accusation. He's just looking for a pay day. I guess we have two villains in this story.
The Picker
Thu, Jun 24, 2010 : 7:14 a.m.
Thats right sue the taxpayers! They have much deeper pockets.
glimmertwin
Thu, Jun 24, 2010 : 6:51 a.m.
If there has been that much difficulty just getting a response from the papers, imagine how hard it will be to collect any of the judgment.