Full opinion text
MEMORANDUM OPINION MacLAUGHLIN, District Judge. Virtually all of the defendants in the eight above captioned cases (hereafter Scott County cases) moved for dismissal and/or summary judgment. The Court heard these motions early in the litigation, either prior to or shortly after the commencement of discovery depositions. The Court quickly announced its rulings in terse orders to enable successfully moving defendants to avoid the burdens of discovery. This Memorandum Opinion sets forth the rationale for those rulings, but it does not deal with Gould v. County of Scott (CIVIL 3-85-506). The Court’s Memorandum and Order of June 26, 1985 fully explains why the Court granted summary judgment in favor of all the defendants in Gould. I. OVERVIEW On September 26,1983, Chris Brown contacted the City of Jordan Police Department because she feared that James Rud had sexually abused her ten-year-old daughter and her eight-year-old son. Jordan Police arrested Rud that same evening on charges of sexually abusing children. The arrest and questioning of Rud set into motion what became known as the “Jordan sex ring investigation.” The initial interview with Chris Brown’s children led investigators to additional purported victims of sexual abuse. The number of suspects also continued to expand as the investigation proceeded. From the date of Rud’s arrest until June 6, 1984, an additional 23 individuals from the Jordan area in Scott County, Minnesota were criminally charged with sexually abusing children. Once charged with sexually abusing children, most parents had their children taken away from them by Scott County officials. Plaintiffs in the present actions were arrested during a period from January 11, to June 4, 1984. Thomas and Helen Brown were arrested on January 11, 1984; Robert and Lois Bentz were arrested on January 20,1984; Greg Myers was arrested on February 6, 1984; Jane Myers, Charles and Carol Lallak, and Duane and Dee Rank all were arrested on May 23, 1984; and Donald and Cindy Buchan were arrested on June 4, 1984. At the time of their arrests, these plaintiffs, except for the Lallaks and the Ranks, had their children taken away from them. (The Ranks have no children and the Lallaks removed their children from Scott County prior to their arrests.) Two other plaintiffs, Daniel and Wanda Meger, were never arrested. The Meger children were separated from their parents on June 5, 1984. Defendants state that this separation was the result of Wanda Meger consenting to voluntary placement of the children with the County, while Wanda Meger contends that she was pressured and misled into signing the placement agreement. See Morris aff. 11XXXIII, and exh. U; Wilker aff. 11XXXVII; Meger aff. 1147-51. Of all the criminal cases involving the Jordan sex ring, only the Bentz case went to trial. In September of 1984, the jury acquitted the Bentzes of all counts. On October 15, 1984, Scott County Attorney R. Kathleen Morris dismissed the charges against the remaining Jordan sex ring defendants. Morris explained the dismissal of these allegations as necessary to avoid prejudicing an investigation of great magnitude, which was a reference to an investigation of alleged homicides in Scott County. Morris also noted that further criminal trials would harm the children who had to appear as witnesses. Subsequently, state and federal authorities assumed control over further investigations and legal proceedings involving alleged Scott County child abusers. These authorities did not reinstate criminal actions against any of the 21 individuals who had their charges dismissed. After dismissal of the criminal allegations, the plaintiffs filed the present actions in federal court under 42 U.S.C. § 1983 and various state laws. Plaintiffs who have children also are suing on. behalf of their children. The list of defendants varies slightly from case to case, but most defendants are present in more than one lawsuit. All plaintiffs have named Morris and Scott County as defendants. The other defendants in these actions are the Sheriff of Scott County, Douglas Tietz; four Scott County deputy sheriffs; therapists who had contact with the children; a therapist who conducted an adverse examination of two plaintiffs who were criminal defendants; guardians ad litem appointed by the Scott County Family Court to protect the interests of children; the Scott County Department of Human Services and individual employees of the department; the Scott County Board of Commissioners; the City of Jordan; the Jordan City Council; the former and current mayor of the City of Jordan; the Jordan Police Department; Jordan Police Chief Alvin Erickson; a Jordan police officer; a foster parent of one of the children; the director of a halfway house in which one of the children stayed; and a doctor who examined some of the children. II. VIABILITY OF PLAINTIFFS’ CLAIMS The major theme of plaintiffs’ allegations against the defendants is that the arrests of various plaintiffs and the separation of parents from their children were improper. Plaintiffs assert that the various defendants acted in concert to bring about the arrests and separations of parents and children, and that the actions of the defendants prolonged the separation of parents and children. Plaintiffs further assert that by repeatedly questioning child witnesses, defendants were able to wear down or brainwash the children into making accusations against adults. In effect, plaintiffs allege that defendants coerced the children to give the responses defendants desired. The thrust of plaintiffs’ charges can be further gleaned from the following paragraph, because each complaint, except the Ranks’, contains a virtually identical paragraph. The aforesaid actions by Defendants were acts in furtherance of a conspiracy. Defendants, and specifically R. Kathleen Morris and her office, were engaged in a publicity campaign against child abuse and incest. Part of this campaign involved the invention by Defendant Morris and others of a “sex ring” in Jordan, Minnesota. Defendants attempted to legitimize this invented “sex ring” by producing a large number of arrests and prosecutions in Jordan for sexual abuse of children. In furtherance of this conspiracy, Defendants recklessly sought out the [plaintiffs] as candidates for prosecution. These arrests were thus made without making any adequate substantiated inquiries regarding the welfare of the Plaintiffs’ minor children and without probable cause and in willful disregard of Plaintiffs’ rights, privileges and immunities secured by the United States Constitution and the law and Constitution of the State of Minnesota. Lallak complaint ¶29. Plaintiffs have brought their lawsuits in federal court because they maintain that defendants’ conduct is actionable under 42 U.S.C. § 1983. In order to state a claim under section 1983, a plaintiff must allege that a person acting under color of state law violated a federally protected right. Parratt v. Taylor, 451 U.S. 527, 535, 101 S.Ct. 1908, 1912, 68 L.Ed.2d 420 (1981). Individual defendants, in addition to raising the defenses of absolute and qualified immunity, argue that plaintiffs’ allegations do not state a claim under section 1983 against them. Before examining the arguments of specific defendants, the Court will determine whether plaintiffs’ allegations state a claim for relief in a general sense. Not all of plaintiffs’ accusations apply to each defendant, but the following section essentially treats defendants generieally to see if plaintiffs’ claims contain a viable cause of action against any defendant. The Court will then discuss the arguments unique to specific defendants. A. Fourth Amendment Plaintiffs clearly do have a fourth amendment right not to be arrested unless probable cause justifies the arrest. E.g., United States v. Watson, 423 U.S. 411, 417-18, 96 S.Ct. 820, 824-25, 46 L.Ed.2d 598 (1976); Carroll v. United States, 267 U.S. 132, 156, 45 S.Ct. 280, 286, 69 L.Ed. 543 (1925). A person arrested without probable cause, moreover, can seek redress under section 1983. E.g., Herrera v. Valentine, 653 F.2d 1220, 1229 (8th Cir.1981); Wheeler v. Cosden Oil and Chemical Co., 734 F.2d 254, 260 (5th Cir.), mod. on other grounds, 744 F.2d 1131 (1984); Clark v. Lutcher, 436 F.Supp. 1266, 1268, 1272-73 (M.D.Pa.1977). The mere fact that a person arrested is later acquitted or the charges against him or her are dropped, however, does not by itself subject the arresting officials to section 1983 liability. Pierson v. Ray, 386 U.S. 547, 555, 87 S.Ct. 1213, 1218, 18 L.Ed.2d 288 (1967). Neither should arresting officials be liable to arrestees if the officials reasonably believed probable cause did exist. See Smiddy v. Varney, 665 F.2d 261, 266 (9th Cir.1981), cert. denied, 459 U.S. 829, 103 S.Ct. 65, 74 L.Ed.2d 66 (1982). Yet a police officer cannot claim he or she simply made a mistake if the officer knew that no probable cause existed, or if the officer was reckless in concluding that probable cause existed. Plaintiffs here assert that the defendants recklessly disregarded the truth in concluding that probable cause existed for plaintiffs’ arrests. Defendants respond that plaintiffs do not have a viable section 1983 claim based on the fourth amendment under any circumstances because independent judicial officers concluded that probable cause did exist for plaintiffs’ arrests. The argument runs that even if defendants committed transgressions prior to the judicial officer’s probable cause determinations, the judicial officer’s findings of probable cause insulate defendants from liability. Citing Baker v. McCollan, 443 U.S. 137, 99 S.Ct. 2689, 61 L.Ed.2d 433 (1979). The Court cannot accept this contention. In Ames v. United States, 600 F.2d 183, 185 (8th Cir.1979), the court did state that a grand jury indictment breaks the chain of causation between investigatory activities and resulting harm to a plaintiff, thus insulating the investigators from liability. The court noted, however, that the indictment would not break the chain of causation if the plaintiff alleged acts such as the presentation of false evidence to, or the withholding of truthful evidence from the grand jury. Ames, 600 F.2d at 185; see also Rodriguez v. Ritchey, 556 F.2d 1185, 1195 (5th Cir.1977) (en banc) (Hill, J. concurring), cert. denied, 434 U.S. 1047, 98 S.Ct. 894, 54 L.Ed.2d 799 (1978) (officer who maliciously seeks an indictment is not shielded from liability simply by obtaining it). Ames dealt with presenting information to a grand jury, but its reasoning should also apply to presenting tainted information to a judicial officer who has to decide whether or not to issue an arrest warrant. See Dick v. Watonwan County, 551 F.Supp. 983, 993 (D.Minn.1982) (section 1983 action could lie against welfare workers who presented information to county attorney where welfare workers failed to corroborate evidence, fabricated evidence, and misleadingly presented information). Dick v. Watonwan County, 562 F.Supp. 1083, 1097-98 (D.Minn.1983) (officials can be subject to section 1983 liability for conduct in procuring court orders) (citing cases), rev’d in part on other grounds, 738 F.2d 939 (8th Cir.1984). In the Scott County cases, the plaintiffs are arguing that defendants knew or should have known the information presented to judicial officers was false. Such accusations may or may not be true, but they do state a claim under section 1983. B. Liberty Interest The other major constitutional violation plaintiffs assert is based on the separation of the parents from their children. Undoubtedly, plaintiffs have a protected liberty interest under the fourteenth amendment in keeping their family unit together. E.g., Santosky v. Kramer, 455 U.S. 745, 753, 102 S.Ct. 1388, 1394, 71 L.Ed.2d 599 (1982); Stanley v. Illinois, 405 U.S. 645, 651, 92 S.Ct. 1208, 212, 31 L.Ed.2d 551 (1972); Duchesne v. Sugarman, 566 F.2d 817, 825 (2d Cir.1977). The United States Court of Appeals for the Eighth Circuit has recently emphasized that “[t]he privacy and autonomy of familial relationships ... are unarguably among the protectible interests which due process protects. We can conceive of no more important relationship, no more basic bond in American society, than the tie between parent and child.” Bohn v. County of Dakota, 772 F.2d 1433, 1435 (8th Cir.1985). Plaintiffs claim that the false accusations defendants created caused the separation of children from parents. Defendants do not dispute that plaintiffs have a protected liberty interest in their family relationships. Nevertheless, defendants contend that even accepting plaintiffs’ allegations as true, plaintiffs still do not have a viable section 1983 action for infringement of their liberty interests. Defendants reason that plaintiffs received all the process that was due through the procedures of the Scott County Family Court and the Minnesota Rules of Procedure for Juvenile Court (Minn.R. Juv.P.). Defendants point out that after children were separated from their parents, the parents were entitled to a hearing within 72 hours to determine if probable cause justified the separation. See Minn.Stat. § 260.171, subd. 2, Minn.R.Juv.P. 52.04. All parent plaintiffs who had children taken away from them either received or waived these hearings. Parent plaintiffs were also entitled to informal court review of the placement of their children every eight days. Minn.R.Juv.P., 52.07, subd. 1. Again, the parent plaintiffs either received or waived these informal reviews. In addition, parent plaintiffs had a variety of other procedural rights under the rules. E.g., Minn.R.Juv.P. 52.04, subd. 4(d) (right to counsel) 52.07, subd. 2 (right to request formal placement review by the court), 57.01-.09 (right to conduct discovery); 59.02 (right to trial on allegations of child abuse within 90 days of denial of the allegations). Defendants conclude that plaintiffs’ rights under state law and procedural rules were sufficient to protect plaintiffs’ liberty interest in their families. Relying on Parratt, 451 U.S. at 537, 101 S.Ct. at 1914, defendants argue that because state law provided adequate remedies after plaintiffs’ children were removed, (i.e., post-deprivation remedies), the separations of the families were accomplished with due process. Although Parratt involved a property right, defendants point to cases which have applied the Parratt adequate state remedies analysis to liberty interests. E.g., Thibodeaux v. Bordelon, 740 F.2d 329, 337 (5th Cir.1984). In fact, a court in the District of Minnesota recently applied Parratt to an intentional deprivation of a liberty interest. Hanson v. Larkin, 605 F.Supp. 1020 (D.Minn.1985) (plaintiff could not sue police officer who allegedly assaulted plaintiff, because state tort action provided adequate state remedies). But see Quaschnick v. State of Minnesota, 106 F.R.D. 587 (D.Minn.1985) (Murphy, J.); Spell v. McDaniel, 591 F.Supp. 1090, 1103-07 (E.D.N.C.1984). Defendants further draw upon Ellis v. Hamilton, 669 F.2d 510 (7th Cir.) (Posner, J.), cert. denied, 459 U.S. 1069, 103 S.Ct. 488, 74 L.Ed.2d 631 (1982). Ellis held that due process is not violated “if the state provides reasonable remedies for preventing families from being arbitrarily broken up by local domestic relations officers”. Ellis, 669 F.2d at 515. Ellis does state that due process is not violated if state procedures exist to correct “inevitable errors” or “blunder[s]” of local officials regarding custody matters. Ellis, 669 F.2d at 514. Here, however, plaintiffs allege that defendants fabricated sexual abuse charges in reckless disregard for the truth and in willful indifference for plaintiffs’ rights. If these allegations are true, defendants’ conduct would be more culpable than simple errors or blunders. Another reason for rejecting defendants’ adequate state remedies argument concerns the nature of the liberty interest involved. Plaintiffs’ liberty interest in their families being together involves a right protected not only by procedural due process, but also by substantive due process. In Moore v. City of East Cleveland, 431 U.S. 494, 97 S.Ct. 1932, 52 L.Ed.2d 531 (1977) the Supreme Court struck down a zoning ordinance which had the effect of prohibiting a grandparent from living with one of her grandsons. The plurality stated that substantive due process protected the right of an extended family to live together. Moore, 431 U.S. 502-03, 97 S.Ct. at 1937. The grandparent in Moore was not challenging any procedures (e.g., the method by which the ordinance was adopted or the method by which the grandparent was fined for violating the ordinance). Rather, the grandparent attacked the result of the ordinance, and the Supreme Court agreed that the result was improper. The ability of plaintiffs to assert violations of substantive due process is not affected by the availability of adequate state remedies. The Parratt analysis of available adequate state remedies applies to only violations of procedural due process and not to violations of substantive constitutional proscriptions. L & H Sanitation, Inc. v. Lake City Sanitation, Inc., 769 F.2d 517, 523-24 (8th Cir.1985); Lavicky v. Burnett, 758 F.2d 468, 472 n. 1 (10th Cir. 1985); Spell, 591 F.Supp. at 1106-07. Accordingly, plaintiffs’ claim that defendants violated plaintiffs’ liberty interest in maintaining their family units is a viable claim under section 1983. In sum, plaintiffs’ allegations do in a general sense state claims upon which relief can be granted under section 1983. If plaintiffs’ complaints had failed this initial hurdle, then all defendants would have been entitled to summary judgment. Plaintiffs’ passing this threshold does not mean, however, that all defendants’ summary judgment motions should be denied. III. PROCEDURAL POSTURE A. Summary Judgment Nearly every defendant in the Scott County cases has moved for dismissal (under either Fed.R.Civ.P. 12(b)(6) or 12(c)) or in the alternative for summary judgment pursuant to Fed.R.Civ.P. 56. Numerous parties submitted affidavits and other materials outside the pleadings. Although nearly all defendants did technically move for dismissal as well as summary judgment, defendants typically relied heavily on matters outside the pleadings and spoke only in terms of summary judgment in their arguments. Because the Court did not exclude from its consideration these matters outside the pleadings, the Court must treat defendants’ motions as motions for summary judgment. Fed.R.Civ.P. 12(b); Carter v. Stanton, 405 U.S. 669, 671, 92 S.Ct. 1232, 1234, 31 L.Ed.2d 569 (1972) (per curiam); Court v. Hall County, Nebraska, 725 F.2d 1170, 1172 (8th Cir. 1984). A defendant is not entitled to summary judgment unless the defendant can show that no genuine issue exists as to any material fact. Fed.R.Civ.P. 56(e). Summary judgment is an extreme remedy that should not be granted unless the moving party has established a right to judgment with such clarity as to leave no room for doubt and unless the nonmoving party is not entitled to recover under any discernible circumstances. E.g., Vette Co. v. Aetna Casualty & Surety Co., 612 F.2d 1076, 1077 (8th Cir.1980). In considering a summary judgment motion, a court must view the facts most favorably to the nonmoving party and give that party the benefit of all reasonable inferences that can be drawn from the facts. E.g., Hartford Accident & Indemnity Co. v. Stauffer Chemical Co., 741 F.2d 1142, 1144-45 (8th Cir.1984). The non-moving party may not merely rest upon the allegations or denials of the party’s pleading, but must set forth specific facts, by affidavits or otherwise, showing that there is a genuine issue for trial. Salinas v. School District of Kansas City, 751 F.2d 288, 289 (8th Cir.1984). In most cases, a motion for summary judgment at this early stage of the litigation would be premature. Summary judgment is inappropriate in complex litigation where the party resisting summary judgment has not had the opportunity to conduct and complete discovery. See Willmar Poultry Co. v. Morton-Norwich Products, Inc., 520 F.2d 289, 293 (8th Cir.1975), cert. denied, 424 U.S. 915, 96 S.Ct. 1116, 47 L.Ed.2d 320 (1976); Fed.R.Civ.P. 56(f). Providing a party opposing summary judgment ample opportunity to conduct discovery is especially important when relevant knowledge and facts are exclusively or largely within control of the party moving for summary judgment. See Willmar Poultry Co., 520 F.2d at 294; 10A C. Wright, A. Miller & M. Kane, Federal Practice and Procedure § 2741, at 545 (1983). Defendants respond that even though discovery was just commencing when they made their motions, the Court should still require plaintiffs to meet, at this juncture defendants’ affidavits sufficiently to create genuine issues of material fact. Defendants reason that other sources have provided plaintiffs with adequate access to information regarding the Scott County cases. These sources include the Minnesota Attorney General’s investigation and report, see Report on Scott County Investigations, February 12, 1985; criminal discovery associated with the Bentz trial, and other criminal trials which were to take place; and proceedings in Scott County Family Court. Defendants conclude that if information exists to respond to their affidavits, plaintiffs should have already discovered that information. While defendants are correct that some plaintiffs have had access to relevant information prior to the commencement of discovery in these civil suits, the Court cannot accept defendants’ contention that these outside sources preclude plaintiffs from conducting the normal discovery associated with a civil lawsuit in order to rebut defendants’ affidavits. Cf. Marrese v. American Academy of Orthopaedic Surgeons, 726 F.2d 1150, 1161 (7th Cir.1984) (en banc) (party opposing summary judgment must be allowed to conduct discovery to resist summary judgment), rev’d on other grounds, — U.S. -, 105 S.Ct. 1327, 84 L.Ed.2d 274 (1985). The other sources of information to which defendants point, moreover, have not provided plaintiffs with the opportunity to take depositions of the many witnesses plaintiffs wish to depose. B. Qualified Immunity All defendants who are individuals (in contrast to political entities or agencies) claim to be entitled to summary judgment at this stage in the proceedings on the basis of qualified immunity under Harlow v. Fitzgerald, 457 U.S. 800, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982). Governmental officials do enjoy a qualified (or good faith) immunity defense in section 1983 actions. See Harlow, 457 U.S. at 806, 102 S.Ct. at 2732. In Harlow, the Supreme Court redefined the qualified immunity defense in order to strengthen it. Previously, the qualified immunity defense had a subjective, as well as an objective, component. In order to prevail on the basis of qualified immunity, defendants had to satisfy both aspects. Defendants would meet the objective prong by showing that they did not know, and should not reasonably have known, that their conduct violated the constitutional rights of plaintiffs. Defendants would meet the subjective prong by establishing that they did not act with malicious intent to deprive the constitutional rights of, or otherwise injure, plaintiffs. Harlow, 457 U.S. at 815, 102 S.Ct. at 2736, citing Wood v. Strickland, 420 U.S. 308, 322, 95 S.Ct. 992, 1000, 43 L.Ed.2d 214 (1975). Under this formulation of qualified immunity, plaintiffs could escape summary judgment even in situations where no dispute existed that the defendants’ actions were objectively reasonable. See Harlow, 457 U.S. at 815, 102 S.Ct. at 2736. Plaintiffs argued that even if defendants’ conduct was objectively reasonable, the defendants’ acted with malicious intent. Harlow, 457 U.S. at 815, 102 S.Ct. at 2736. The determination of the defendants’ intent was a subjective issue normally for a jury to resolve, and thus summary judgment would often be inappropriate. The Harlow Court accordingly eliminated the subjective component of the qualified immunity defense in order to reduce the number of trials governmental officials had to face. Harlow, 457 U.S. at 816-17, 102 S.Ct. at 2737. See also Davis v. Scherer, — U.S. -, 104 S.Ct. 3012, 3018, 82 L.Ed.2d 139 (1984). The Harlow Court held “that government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow, 457 U.S. at 818, 102 S.Ct. at 2738. The Harlow Court stated that under its new definition, many insubstantial claims against government officials could be resolved on summary judgment motions. Harlow, 457 U.S. at 818-19, 102 S.Ct. at 2738. This procedure would spare government officials from unjustifiably being subjected to trials and broad-reaching discovery. Harlow, 457 U.S. at 817-18, 102 S.Ct. at 2737-38. The Supreme Court elaborated: Reliance on the objective reasonableness of an official’s conduct, as measured by reference to clearly established law, should avoid excessive disruption of government and permit the resolution of many insubstantial claims on summary judgment____ If the law at that time was not clearly established, an official could not reasonably be expected to anticipate subsequent legal developments, nor could he fairly be said to “know” that the law forbade conduct not previously identified as unlawful. Until this threshold immunity question is resolved, discovery should not be allowed. If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct. Harlow, 457 U.S. at 818-19, 102 S.Ct. at 2738. Defendants point to the language in Harlow, which states that a court should not allow discovery until it resolves the threshold immunity question, and conclude that they are presently entitled to summary judgment. Harlow, 457 U.S. at 818, 102 S.Ct. at 2738. Harlow, however, provides for defendants obtaining summary judgment prior to discovery only in certain situations. Harlow states that prior to allowing discovery, a court should determine if the plaintiff is claiming that the defendant violated “clearly established” law. Harlow, 457 U.S. at 818, 102 S.Ct. at 2738. If the law a plaintiff claims a defendant violated was not clearly established at the time of the alleged violation, the defendant is entitled to summary judgment prior to discovery. Harlow, 457 U.S. at 818, 102 S.Ct. at 2738. On the other hand, if the law which plaintiff claims defendant violated was clearly established, a defendant is not entitled to summary judgment prior to discovery. Harlow, 457 U.S. at 818-19, 102 S.Ct. at 2738; Hobson v. Wilson, 737 F.2d 1, 26-27 (D.C.Cir.1984), cert. denied, — U.S. -, 105 S.Ct. 1843, 85 L.Ed.2d 142 (1985); Finch v. Wemlinger, 361 N.W.2d 865, 868-69 (Minn.1985). Therefore, the only situation in which summary judgment is appropriate prior to discovery, is where the court concludes that even if the defendant committed the alleged violation of plaintiff’s rights, those rights were not well established at the time of the violation. See Hobson, 737 F.2d at 26-27; Finch, 361 N.W.2d at 868-69. The rights the Scott County plaintiffs claim were violated, however, are clearly established. Plaintiffs assert that they were arrested without probable cause, and this right is beyond question. See, e.g., Carroll, 267 U.S. at 156, 45 S.Ct. at 286 (1925). Plaintiffs additionally claim that their liberty interests in maintaining their family units were violated, and the right of the family to remain together is also firmly established. See, e.g., Moore, 431 U.S. at 502-03, 97 S.Ct. at 1937 (1977); Stanley, 405 U.S. at 651, 92 S.Ct. at 1212 (1972); Dennison v. Vietch, 560 F.Supp. 435, 442 (D.Minn.1983). Plaintiffs maintain that defendants violated these well founded rights by fabricating accusations against plaintiffs in reckless disregard of the truth. Fabrication of criminal charges is conduct which is definitely actionable under section 1983. See, e.g., Beard v. Udall, 648 F.2d 1264 (9th Cir.1981) (per curiam). Cf. Losch v. Borough of Parkesburg, 736 F.2d 903, 907 (3d Cir.1984) (filing charges without probable cause and for reasons of personal animosity clearly actionable under § 1983). Plaintiffs further assert that defendants coerced witnesses to make the desired accusations. Coercing individuals to give false testimony in order to obtain criminal convictions is conduct clearly actionable under section 1983. See, e.g., Robichaud v. Ronan, 351 F.2d 533, 536-37 (9th Cir.1965); Lewis v. Brautigam, 227 F.2d 124, 128-29 (5th Cir.1955) (both cited in Imbler v. Pachtman, 424 U.S. 409, 430 n. 31, 96 S.Ct. 984, 995 n. 31, 47 L.Ed.2d 128 (1976)). Defendants, moreover, have not argued that fabricating accusations against individuals and coercing testimony cannot implicate clearly established rights. Defendants do state that they never engaged in such conduct and that the actions they took cannot be equated with such conduct. In support of their assertions, defendants submit numerous affidavits delineating their involvement in the Scott County cases. Defendants conclude that these affidavits, and plaintiffs’ failure to rebut them, entitle defendants to summary judgment prior to discovery. This argument misconstrues what the Court’s inquiry should be at this juncture. In a recent pronouncement on the qualified immunity defense, the Supreme Court no longer speaks in terms of “summary judgment” prior to discovery based on Harlow; instead, the Supreme Court states that “dismissal” prior to discovery is appropriate if plaintiff’s complaint fails to state a claim of violations of clearly established law. Mitchell v. Forsyth, — U.S. -, 105 S.Ct. 2806, 2816, 86 L.Ed.2d 411 (1985). Mitchell indicates, therefore, that the issue present in evaluating a qualified immunity defense raised prior to discovery is not whether plaintiffs have adequately responded to defendants’ affidavits, but rather whether plaintiffs have asserted violations of clearly established rights. Here, plaintiffs have asserted violations of clearly established rights, and thus the existence of defendants’ affidavits does not entitle defendants to summary judgment at this time. Of course, at the close of discovery if plaintiffs cannot rebut defendants’ affidavits and evidence sufficiently to create a genuine issue of fact as to whether defendants actually committed the alleged transgressions, then defendants may be entitled to summary judgment. See Mitchell, 105 S.Ct. at 2816. In evaluating defendants’ summary judgment motions made at the close of discovery, if any, the Court will look to the objective reasonableness of defendants’ conduct. At this point if no genuine factual issues exist regarding whether defendants’ actions were objectively reasonable, then defendants will be entitled to summary judgment. Mitchell, 105 S.Ct. at 2816. IV. SPECIFIC DEFENDANTS A. County Attorney Morris All plaintiffs have named R. Kathleen Morris as a defendant. Defendant Morris is the duly elected Scott County Attorney. As Scott County Attorney, Morris (with the aid of her staff) prepared and signed the criminal complaints against the plaintiffs who were arrested. Children of the arrested plaintiffs were separated from their parents as the result of neglect petitions brought by the Scott County Human Services Department (HSD). See Minn.Stat. § 260.133. Morris reviewed, approved, and signed these neglect petitions. Morris states that in the early stages of the Jordan sex ring investigation (i.e., fall and early winter of 1983) her involvement was limited to drafting criminal complaints, making court appearances, and contacting law enforcement personnel regarding new information in previously charged criminal cases. Morris aff. 11VII. Morris acknowledges that she occasionally met child witnesses, but maintains that she did not conduct substantive interviews with child witnesses until she began preparing for upcoming criminal trials. These trial preparation interviews commenced after February, 1984. Morris aff. 11VII. Morris subsequently conducted the prosecution of the Bentzes in August and September of 1984. The jury acquitted the Bentzes on September 19, 1984. On October 15, 1984, Morris announced her decision to dismiss the charges against the 21 remaining Scott County residents facing sexual abuse allegations. Morris portrays her role in the Jordan sex ring cases as only that of a prosecutor. She states that she had minimal involvement with the investigation and that she had substantive contact with child witnesses only in the context of preparing for upcoming trials. Plaintiffs strongly contest Morris’ characterization of her role in these cases. Plaintiffs contend that Morris assumed control of the investigation, and they argue she was thus performing duties outside of prosecutorial functions. Plaintiffs claim that Morris, acting in concert with the other defendants, used the investigation to fabricate accusations of child sexual abuse against the adult plaintiffs. Purportedly, Morris directed an investigation which recklessly sought out plaintiffs as candidates for prosecution in willful disregard of plaintiffs’ rights. Specific transgressions include repeated interviews of child witnesses in order to coerce them into making accusations, destruction of evidence, and withholding of exculpatory evidence. Apparently, plaintiffs claim that Morris personally performed some of these acts, and that she directed other defendants to commit other acts. Defendant Morris denies all of plaintiffs’ allegations. Morris argues, moreover, that even assuming the truth of plaintiffs’ allegations, she is absolutely immune from suit under section 1983 because all of her alleged transgressions involve acts within her role as a prosecutor. Morris adds that the defense of qualified immunity also entitles her to summary judgment at this juncture. 1. Prosecutorial Immunity While all governmental officials enjoy the defense of qualified immunity in section 1983 actions, only a limited number of officials can rely on absolute immunity. See Ray v. Pickett, 734 F.2d 370, 371-72 (8th Cir.1984). Prosecutors are one of the select few governmental officials who may be able to assert absolute immunity. Imbler v. Pachtman, 424 U.S. 409, 427, 96 S.Ct. 984, 993, 47 L.Ed.2d 128 (1976). Prosecutors, however, do not enjoy absolute immunity for every action they undertake. In Imbler, the Supreme Court held only that a prosecutor was absolutely immune in initiating a prosecution and presenting the state’s case. Imbler, 424 U.S. at 431, 96 S.Ct. at 995. The Supreme Court reasoned that these prosecutorial functions were “intimately associated with the judicial phase of the criminal process” and thus warranted absolute immunity. Imbler, 424 U.S. at 430, 96 S.Ct. at 995. The Imbler Court, while granting absolute immunity to the prosecutor as an advocate, declined to decide whether the prosecutor acting as an administrator or an investigator was entitled to absolute immunity. Imbler, 424 U.S. 430-31, 96 S.Ct. at 994-95; Ray, 734 F.2d at 374. In the Eighth Circuit, the rule regarding prosecutorial immunity is clear. Prosecutors enjoy absolute immunity only for actions within the scope of their prosecutorial duties. Smith v. Updegraff, 744 F.2d 1354, 1364 (8th Cir.1984). Thus, prosecutors can assert absolute immunity for their prosecutorial functions, but not for their administrative or investigative duties. Dick v. Watonwan County, 551 F.Supp. 983, 992 (D.Minn.1982). For actions taken in these latter roles, prosecutors still can assert the defense of qualified immunity, just like any other public official. See Imbler, 424 U.S. at 430, 96 S.Ct. at 994. Accordingly, the central issue in determining whether Morris is entitled to absolute immunity involves classifying her alleged transgressions as prosecutorial, administrative, or investigative. The Imbler Court recognized that “[d]rawing a proper line between these functions may present difficult questions.....” Imbler, 424 U.S. at 431 n. 33, 96 S.Ct. at 995 n. 33; accord Wilkinson v. Ellis, 484 F.Supp. 1072, 1083 (E.D.Pa.1980). The determination of whether a prosecutor’s actions were prosecutorial or investigatory sometimes requires a limited factual inquiry. Forsyth v. Kleindienst, 599 F.2d 1203, 1215 (3d Cir.1979), cert. denied, 453 U.S. 913, 101 S.Ct. 3147, 69 L.Ed.2d 997 (1981); see also Bushouse v. County of Kalamazoo, 93 F.R.D. 881, 884 (W.D.Mich.1982). Of course, permitting a factual inquiry on the issue of whether actions were prosecutorial or investigatory dilutes somewhat the protection of prosecutorial immunity, but this dilution may be necessary in some cases. Forsyth, 599 F.2d at 1215. a. General Allegations that Morris Acted as an Investigator Plaintiffs assert that defendant Morris is not entitled to absolute immunity because many of her alleged transgressions involved her acting in an investigative role. For instance, Morris and others supposedly used suggestive and coercive interviewing techniques to elicit the desired responses from children, i.e., that adults had sexually abused them. Plaintiffs claim that children often stated that they were not sexually abused, but that interviewers suggested, cajoled, rewarded, and simply wore down the children until they emitted the correct response. If Morris’ interviews of children were in fact investigatory (as opposed to in preparation for trial) then absolute immunity may not cloak Morris for her actions during the interviews. In Imbler, the Supreme Court “recognized that the duties of the prosecutor in [her] role as advocate for the State involve actions preliminary to the initiation of a prosecution and actions apart from the courtroom.” Imbler, 424 U.S. at 431 n. 33, 96 S.Ct. at 995 n. 33. The Court further noted that “[preparation, both for the initiation of the criminal process and for a trial, may require the obtaining, reviewing, and evaluating of evidence.” Imbler, 424 U.S. at 431 n. 33, 96 S.Ct. at 995 n. 33. The Court acknowledged, however, that at some point a prosecutor begins to function in roles other than as an officer of the court. Imbler, 424 U.S. at 431 n. 33, 96 S.Ct. at 995 n. 33. Preliminary evidence gathering which may blossom into potential prosecutions is investigatory activity outside the scope of absolute immunity. Rex v. Teeples, 753 F.2d 840, 844 (10th Cir.1985), citing McSurely v. McClellan, 697 F.2d 309, 320 (D.C.Cir.1982) (per curiam) and Marrero v. City of Hialeah, 625 F.2d 499, 505 (5th Cir.1980), cert. denied, 450 U.S. 913, 101 S.Ct. 1353, 67 L.Ed.2d 337 (1981). The Rex court held that a prosecutor’s interrogation of a general suspect was police-type or investigatory work not entitled to absolute immunity. Rex, 753 F.2d at 844. The Marrero court reasoned that a prosecutor who assists, directs, or participates with police in gathering evidence prior to an indictment acts as an investigator rather than a prosecutor. Marrero, 625 F.2d at 505. Here, plaintiffs assert that Morris was acting in an investigatory role, and they have provided indications that defendant Morris actually took over the Jordan sex ring investigation at an early stage. In support of this assertion, a number of plaintiffs point to the December 28, 1984 rough notes of Minnesota Bureau of Criminal Apprehension (BCA) agent Ray Perron (hereafter Perron notes). Scott County deputy sheriff Menden allegedly told Perron that Morris had “actually usurped [Scott County Sheriff Tietz’] power by transferring [children’s] interviews to her office.” Perron aff., Perron notes at 4. Supposedly, Menden further stated that Morris “took charge of calling the children in for interviews” and that the “bulk of the interviewing” of children would take place in Morris’ office. Perron aff., Perron notes at 2. Menden concluded that Morris’ work in conducting interviews “was more in the investigative area than prosecutorial area.” Perron aff., Perron notes at 4. Deputy Menden did not provide a time frame for when Morris allegedly began conducting child interviews, but Jordan police officer Larry Norring did. FBI special agent Erwin interviewed Norring on December 19,1984 and Erwin later summarized the interview in a report dated December 27, 1984 (hereafter Erwin Report). Norring purportedly stated that Morris “got actively involved in the investigation around November 1983.” Erwin Report at 2. Norring further indicated that Morris or members of her staff personally began interviewing children in the spring. Erwin Report at 2. The reference to spring must have been the spring of 1984, because the spring of 1983 was prior to James Rud’s September, 1983 arrest. Deputy Menden has, however, submitted an affidavit in which he denies having made the statements concerning Morris’ usurpation of power which Perron attributes to him. Menden aff. ¶ 6. In addition, Morris claims that she was not conducting interviews of children in the fall and early winter of 1983. Morris aff. tí VII. She states that during that period law enforcement officers used her offices for interviews because of space limitations elsewhere. See Morris aff. ¶ VII. Morris notes that she would meet the children at these interviews, but she maintains that she did not conduct any substantive interviews of the children. According to Morris, she began meeting and interviewing child witnesses in preparation for upcoming trials after February of 1984. Morris aff. If VIL The Court cannot, however, simply accept defendant Morris’ version of the facts at this juncture. See Hartford Accident & Indemnity Co. v. Stauffer Chemical Co., 741 F.2d 1142, 1144-45 (8th Cir. 1984). Plaintiffs have alleged that Morris acted in an investigatory role, and plaintiffs do provide some support for their contentions. If Morris were directing the Jordan sex ring investigation, and she instructed others to engage in improper acts, Morris would not be entitled to absolute immunity. A prosecutor who directs illegal investigatory activities is not cloaked by absolute immunity even if the prosecutor did not personally perform the improper acts. See Robichaud v. Ronan, 351 F.2d 533, 537 (9th Cir.1965); cf. Butz v. Economou, 438 U.S. 478, 505-06, 98 S.Ct. 2894, 2910-11, 57 L.Ed.2d 895 (1978). Accordingly, the Court cannot conclude at this time that all of Morris’ alleged transgressions involved activities within her prosecutorial role. b. Conspiracy Another allegation which could constitute a transgression outside of Morris’ prosecutorial duties involves a charge of conspiracy. Plaintiffs allege that Morris was engaged in a publicity campaign against child abuse and incest. Morris purportedly invented the Jordan sex ring in order to further the publicity campaign. Morris supposedly attempted to legitimize the existence of the sex ring by producing a large number of arrests and prosecutions for child sexual abuse. Plaintiffs claim that Morris recklessly sought out plaintiffs for arrest in full disregard of plaintiffs’ rights. See, e.g., Lallak Complaint ¶ 29. If Morris was directing a conspiracy to recklessly seek out plaintiffs for arrest, she would not be entitled to absolute immunity. In Smith, 744 F.2d 1354 (8th Cir.1984), a prosecutor had hired an individual to “get [the plaintiff] no matter what,” including illegal means and through framing the plaintiff. Smith, 744 F.2d at 1364. The prosecutor also threatened the plaintiff, a deputy sheriff, with prosecution if the plaintiff attacked the sheriff’s office during the plaintiff’s discharge hearing. Smith, 744 F.2d at 1364. The Eighth Circuit concluded that these examples of the prosecutor’s conduct were “more than sufficient” to establish that the prosecutor was acting beyond the scope of his prosecutorial duties. Smith, 744 F.2d at 1364. Other cases indicate that a prosecutor’s involvement in a conspiracy to coerce guilty pleas are actions outside the scope of prosecutorial duties. Robichaud, 351 F.2d at 537; Lewis v. Brautigam, 227 F.2d 124, 128-29 (5th Cir.1955). (The Imbler Court cited both Robichaud and Lewis as examples of acts of a prosecutor not entitled to absolute immunity. Imbler, 424 U.S. at 430 n. 30, 96 S.Ct. at 994 n. 30.) In Lewis, the prosecutor had allegedly ordered police officers to extort a guilty plea, which the police officers did through threats, intimidation, and promises of rewards directed at the plaintiff. The court concluded that if the prosecutor had in fact directed the police officers to conduct such activity, the prosecutor would not be entitled to absolute immunity. The Robichaud court similarly held that if a prosecutor directed police officers to intimidate a suspect into confessing, the prosecutor was acting as a police officer (i.e., an investigator) and not in a prosecutorial capacity. Robichaud, 351 F.2d at 534, 537. By contrast, if Morris simply did a bad job in deciding to charge plaintiffs, she is entitled to absolute immunity. Courts uniformly agree that a prosecutor is entitled to absolute immunity for failing to adequately investigate accusations against a defendant before charging the defendant. Dick, 551 F.Supp. at 992; see also Henzel v. Gerstein, 608 F.2d 654, 657 (5th Cir.1979). Morris would also be protected by absolute immunity for basing her decision on whether or not to initiate charges against the plaintiffs on improper motives. Jennings v. Shuman, 567 F.2d 1213, 1221-22 (3d Cir.1977); see also Imbler, 424 U.S. at 422, 430-34, 96 S.Ct. at 991, 994-97 (decision to initiate proceedings is absolutely immune). Yet, Smith, Robichaud, and Lewis involved something more than a prosecutor doing a bad job, making an improperly motivated decision to file charges, or presenting false evidence at trial. Those cases all involved prosecutors taking affirmative steps to fabricate a case against someone. Nevertheless, defendant Morris points to Rose v. Koch, 465 F.Supp. 1157, 1159-60 (E.D.N.Y.1979) for the proposition that a prosecutor’s fabricating evidence is absolutely immune. The Rose court acknowledged that a prosecutor is absolutely immune for presenting false evidence at trial. Rose, 465 F.Supp. at 1159; see also Butz, 438 U.S. at 517, 98 S.Ct. at 2916. As far as the allegation that the defendants in Rose concocted and fabricated evidence by suborning perjury and otherwise, the Rose court simply stated that the plaintiff had not specifically alleged that the prosecutor defendants took part in those activities. Rose, 465 F.Supp. at 1160. The court indicated that such activities by prosecutors might have constituted investigative acts. Rose, 465 F.Supp. at 1160. Rose, therefore, does not stand for the proposition that a prosecutor is absolutely immune from charges of fabricating a case. Even if Rose stood for that proposition, the Eighth Circuit’s decision in Smith would negate Rose’s precedential value. If Morris really did orchestrate the fabrications of cases, she would have been acting in an investigatory role. Such allegations involve more than simply preparing witnesses for trial or doing the necessary investigation upon which to base a decision to file charges. Smith, Robichaud, and Lewis further indicate that if Morris directed police officers to fabricate evidence, then she would have been acting in an investigatory role. c. Destruction of Evidence Plaintiffs additionally allege that Morris ordered the destruction of evidence in the criminal cases and that she personally destroyed evidence herself. Such acts, contend plaintiffs, are not protected by absolute immunity. No dispute exists that detective (and defendant) Norm Pint video taped an interview of the two oldest Myers children on May 22, 1984 at the scene of alleged child sexual abuse, the Quarry Camp Grounds, and that video tape was later erased. Defendant Morris points to four affidavits which state that the video tape contained nothing exculpatory in relation to charges against the Lallaks, Ranks, or Myerses. E.g., Pint aff. TI VII; Morris aff. 11XXIII. Yet deputy sheriff (and plaintiff) Donald Buchan also viewed this tape and he concluded that the tape contained inconsistencies in allegations and a denial of certain accusations by the Myerses' eldest son. Buchan aff. 117. Thus, plaintiffs refer to this tape as exculpatory evidence. Defendant Morris argues that she was never aware of the existence of this tape and that she never ordered its erasure. See Pint aff. 11VII. Defendant Morris asserts that assistant county attorney Gehl Tucker advised Pint that the tape would be of no value as evidence and thus Pint simply taped over portions of the tape. Pint aff. 11VII. Another incident which plaintiffs label as the destruction of evidence surrounds Morris’ 1984 appointment calendar. Morris’ appointment calendar indicated when she interviewed child witnesses. Because Morris frequently did not make notes or reports of each interview, the calendar would have provided the only method to more accurately approximate how frequently Morris interviewed the children. Since plaintiffs claim that Morris interviewed the children an excessive number of times in order to brainwash or break the children, the number of interviews may be an important fact. Morris admits that she discarded the 1984 calendar at the end of November, 1984. She states that this act was perfectly innocent because she always discards her calendar when she receives the calendar for the new year. Morris uses a calendar which contains the month of December for the current year as well as the twelve months of the upcoming year (e.g., the 1985 calendar contains December of 1984). Thus, Morris concludes that her custom of discarding her calendar prior to the close of the year is not unusual. Morris aff. U XXIV. Morris adds that it was not until after she had thrown her calendar away that she received a subpoena for it in connection with family court matters in December of 1984. Morris aff. 11XXIV. Plaintiffs respond that destroying an appointment calendar instead of preserving it is quite unusual. Plaintiffs also reason that Morris logically would not have thrown away the calendar until the very end of November, or else she would not have had a calendar for a period of time. On November 20, 1984, the Lallaks served Morris with their complaint, a notice of motion for a nondestruct order, and a proposed nondestruct order. The proposed order forbade the destruction of relevant “documents” and the order explicitly defined “document” to include “calendars.” The United States Magistrate did not sign this proposed order until December 10, 1984, but Morris should have been on notice from at least November 20, 1984 that plaintiffs wanted the calendar preserved. This date precedes the time when Morris would have, under her own rationale, logically discarded the calendar (i.e., before her new calendar commenced in December). At this juncture of the litigation, the Court cannot accept either defendant Morris’ characterization of the video tape as nonexculpatory or her assertion that she did not order its destruction. See Hartford Accident & Indemnity Co., 741 F.2d at 1144-45. Neither can the Court accept at this time, Morris’ claim that she innocently discarded her calendar. See Pfizer, Inc. v. International Rectifier Corp., 538 F.2d 180, 185 (8th Cir.1976), cert. denied, 429 U.S. 1040, 97 S.Ct. 738, 50 L.Ed.2d 751 (1977) (summary judgment is notoriously inappropriate when issue of intent is central). While maintaining that the destruction of the tape and the calendar were both totally innocent, defendant Morris asserts that taken at their worst, these acts are still cloaked by absolute immunity. Defendant Morris relies on two Seventh Circuit cases for the proposition that the destruction of evidence is within the scope of prosecutorial duties and thus enjoys absolute immunity. Hampton v. Hanrahan, 600 F.2d 600, 633 (7th Cir.1979), rev’d in part on other grounds, 446 U.S. 754, 100 S.Ct. 1987, 64 L.Ed.2d 670 (1980) (per curiam); Heidelberg v. Hammer, 577 F.2d 429, 432 (7th Cir.1978). Defendant Morris acknowledges cases to the contrary exist, but she implies that they are poorly reasoned. Hampton and Heidelberg, however, do not analyze the issue of whether absolute immunity extends to the destruction of evidence, rather, they merely state a conclusion. Wilkinson, 484 F.Supp. at 1085 n. 31 (E.D.Pa.1980). Wilkinson is a very thoughtful opinion. The court points out that the destruction of evidence warrants different treatment from a prosecutor’s decision not to turn over exculpatory evidence to the defense, or from a prosecutor not truthfully responding to a court’s inquiry concerning the existence of exculpatory evidence. These latter two acts are protected by absolute immunity. These latter two acts, though, involve prosecutors making discretionary judgments, and absolute immunity prevents lawsuits challenging a prosecutor’s judgments. They also involve the prosecutor’s role as an advocate and are intimately involved in the judicial process. Wilkinson, 484 F.Supp. 1083-84. By contrast, destroying evidence is not closely related to the judicial process, because it keeps evidence away from judicial scrutiny altogether. Unlike withholding evidence, destroying evidence forever eliminates the corrective process of judicial review based on the evidence. Wilkinson, 484 F.Supp. at 1083-84. Further, the destruction of evidence does not involve a prosecutor making discretionary decisions as an advocate. A lack of absolute immunity for prosecutors destroying evidence would not hinder prosecutors in making discretionary decisions because prosecutors could merely retain evidence for a reasonable time. Wilkinson, 484 F.Supp. at 1083-84. The decision in Henderson v. Fisher, 631 F.2d 1115, 1120 (3d Cir.1980) (per curiam), also supports the conclusion that the destruction of evidence is not entitled to absolute immunity. In Henderson, the plaintiff alleged that the prosecutor knew a police officer had removed exculpatory evidence from a police evidence locker on the day of trial. As a result, the plaintiff did not have access to the evidence while presenting his criminal defense. The plaintiff did not allege that the prosecutor personally destroyed evidence, but only that the prosecutor failed to direct police officers to correct their action. Henderson, 631 F.2d at 1117. The court concluded that such action by the prosecutor was not entitled to absolute immunity. Henderson, 631 F.2d at 1120. The case law stating that the destruction of evidence is not entitled to absolute immunity has considerable persuasive force. Hence, Morris, at least at this juncture, cannot use absolute immunity to defeat such allegations. In sum, a number of Morris’ alleged transgressions involve acts which may be outside of her prosecutorial duties. Morris, therefore, cannot rely on absolute immunity at this time to defeat plaintiffs’ lawsuits. 2. Qualified Immunity If defendant Morris is not entitled to absolute prosecutorial immunity, she can still assert the defense of qualified immunity. See Imbler, 424 U.S. at 430, 96 S.Ct. at 994. Even under the doctrine of qualified immunity, argues Morris, she is entitled to summary judgment before plaintiffs conduct discovery. Yet a defendant’s assertion of qualified immunity can defeat a section 1983 action prior to discovery only if the plaintiff has not alleged that the defendant violated clearly established rights. The Court has previously determined that plaintiffs’ allegations do involve violations of clearly established rights. No question exists, moreover, that plaintiffs’ allegations assert that Morris herself violated their rights. Thus, qualified immunity does not entitle Morris to summary judgment at this stage of the litigation. B. Deputy Sheriffs The following Scott County deputy sheriffs are defendants in the Scott County cases: Michael Busch and Patrick Morgan in Myers, Lallak, Buchan, Meger, and Bentz; Norman Pint in Myers, Lallak, Buchan, and Bentz; and David Einertson in Lallak. The Scott County Sheriff’s Department became involved in the Jordan sex abuse cases in the fall of 1983. Defendant David Einertson, a detective sergeant in the department, was a complaining witness against James Rud in late October and early November of 1983. Einertson states that he had general supervisory responsibility over defendants Busch, Morgan, and Pint from October, 1983 until the dismissal of the Jordan sex ring cases in October, 1984. Einertson aff. ¶ II. Defendants Busch, Morgan, and Pint were extensively involved in the Jordan sex ring investigation. They conducted numerous interviews of alleged child sexual abuse victims, and were involved in the initiation of criminal charges and the separation of children from their parents. The deputy sheriffs’ interviews with suspected child victims frequently formed the basis of the sexual abuse allegations against the adult plaintiffs. Plaintiffs allege that the deputy sheriffs participated in the fabrication of accusations against the adult plaintiffs. Purportedly, the deputy sheriffs conducted coercive interviews of the children in order to produce incriminating statements. Plaintiffs further claim that the deputy sheriffs, either personally or in concert with other defendants, caused the improper arrests of the adult plaintiffs and the separations of plaintiffs’ families. The deputy sheriffs deny having committed any wrongdoing. They argue, moreover, that they could not be liable to plaintiffs even if plaintiffs’ allegations were true. The deputy sheriffs base this conclusion on two legal arguments which the Court has previously discussed. Initially, the deputy sheriffs reason that their actions did not cause the arrests or separations of families because independent judicial officers determined that probable cause existed for the arrests and the separations. These independent judicial determinations, according to the deputy sheriffs, broke the chain of causation between their conduct and the resulting arrests and separations. Probable cause determinations by independent judicial officers, however, do not insulate the deputy sheriffs from liability if the deputy sheriffs, as alleged, deceived the independent judicial officers. A law enforcement officer who intentionally misleads a judicial officer should not escape section 1983 liability simply because the deception was successful. See Rodriguez v. Ritchey, 556 F.2d 1185, 1195 (5th Cir.1977) (en banc) (Hill, J., concurring); see also Ames v. United States, 600 F.2d 183, 185 (8th Cir.1979). The deputy sheriffs also argue that they are entitled to summary judgment on the basis of qualified immunity. Qualified immunity will protect these defendants from liability if they merely made a mistake in assessing whether probable cause existed, see, e.g., Pierson v. Ray, 386 U.S. 547, 555, 87 S.Ct. 1213, 1218, 18 L.Ed.2d 288 (1967); Smiddy v. Varney, 665 F.2d 261, 266 (9th Cir.1981), cert. denied, 459 U.S. 829, 103 S.Ct. 65, 74 L.Ed.2d 66 (1982), or if they merely acted in good faith reliance on court orders. E.g., Tymiak v. Omodt, 676 F.2d 306, 308 (8th Cir.1982) (per curiam). Yet the deputy sheriffs’ purported transgressions go well beyond simple mistakes; plaintiffs accuse them of reckless disregard of plaintiffs’ rights. Furthermore, the deputy sheriffs’ alleged misconduct involves the violation of clearly established rights, and thus they cannot obtain summary judgment before plaintiffs have had the opportunity to conduct discovery. See, e.g., Mitchell v. Forsyth, — U.S. -, 105 S.Ct. 2806, 2816, 86 L.Ed.2d 411 (1985); Hobson v. Wilson, 737 F.