was clearly established. Rakovich, 850 F.2d at 1209.
Finch's contention is that Chapman's failure to correct, update, or amend the records maintained by the Navy or the FBI on "William A. Finch" violated a clearly established constitutional right of which a reasonable official would have known at the time of her conduct. Significantly, he offers no authority--no constitutional, statutory, or case law--to support this contention.
The Naval regulations that he does cite are not applicable to Chapman. Navy Military Personnel Command Instruction ("NAVMILPERSCOMINST") 1600.3 is the Standard Operations Manual for the Navy Deserter Branch/Deserter Apprehension Program located at BUPERS in Arlington, Virginia. Reply at 10. ("NAVMILPERSCOMINST") 1600.3 does require that the Navy Deserter Branch/Deserter Apprehension Program "maintain all information and statistical data relating to deserters and to the Deserter Apprehension Program; provide data to the National Crime Information System and government agencies as required and utilize internally for program monitoring and evaluating." NAVMILPERSCOMINST 1600.3, 202(e) (Sept. 1985). However, the provisions of NAVMILPERSCOMINST 1600.3 are not applicable to Chapman and are not the Standard Operations Manual for Chapman's NACU, Reply at 9-10, and therefore place no legal obligation on Chapman.
Each component of the Navy's Deserter Apprehension Program has its own responsibilities, as set forth in Secretary of the Navy ("SECNAVINST") 1620.7. Operationally, SECNAVINST 1620.7 establishes a centralized DIP, or Deserter Information Point, and many field NACUs. SECNAVINST 1620.7 para. 5(a)(1), (a)(2) (May 1980). The Navy DIP is the Navy Deserter Branch/Deserter Apprehension Program in Arlington. Chapman Declaration para. 5. The pertinent regulations make it clear that the Navy Deserter Branch/Deserter Apprehension Program has the responsibility to control, account for, and disseminate "absentee and deserter information." Id. para. 5(a)(1); NAVMILPERSCOMINST 1600.3, § 202(e). Chapman, the Great Lakes NACU supervisor, was under no legal requirement and had no authority to correct Finch's records or provide correct information to the NCIC and other law enforcement agencies. Her conduct did not violate any of Finch's clearly established constitutional or statutory rights of which a reasonable person would have known. Therefore, she is entitled to qualified immunity, and we grant summary judgment in her favor.
Chapman's candid acknowledgment that Finch's second arrest "is a cumulation of errors which I set in motion by not following through on an investigative lead in July 1987," that, as a result, "a snowball turned into an avalanche," and that she "takes responsibility" for the incident, Finch Memorandum (Dec. 21, 1988), is insufficient to rescue Finch's claim. That Chapman felt some sort of moral responsibility for Finch's second arrest and detention does not translate into legal liability, particularly given the above discussion of the applicable rules and regulations.
The fact that Finch is unable to maintain a legal claim to redress his injuries is not to suggest that the Navy should be proud of its role in the September 1988 arrest and detention. Chapman, before her retirement, instituted a series of procedures to be followed at the Great Lakes NACU "to minimize the possibility of a similar . . . situation" occurring again. Finch Memorandum (Dec. 21, 1988). Hopefully, as a result of this litigation, that chat happened to Finch will not happen to anyone else.
We grant summary judgment in Chapman's favor on Count I because she is qualifiedly immune from suit; the alleged right in question was not clearly established in reference to the facts of this case. We dismiss Counts II, III, and IV against the United States on res judicata grounds. It is so ordered.
MARVIN E. ASPEN
United States District Judge