## Facts

- After a July 1982 traffic incident on the New Jersey Turnpike, New Jersey State Trooper Harry H. Messerlian arrested Joseph P. Topolosky for driving while intoxicated and placed him, handcuffed, in a patrol car.
- While in the patrol car, Topolosky kicked out a window.
- Multiple eyewitnesses testified that Messerlian repeatedly struck Topolosky in the head and neck with a flashlight while Topolosky remained handcuffed in custody.
- Topolosky was taken to a hospital and pronounced dead on arrival.
- The prosecution theory was that Messerlian’s blows caused the fatal injuries; the defense claimed the death resulted from the prior accident or Topolosky’s own conduct.
- The government also alleged that Messerlian and Trooper Henry F. Wolkowski agreed to conceal and misrepresent the circumstances of Topolosky’s death, including by preparing false reports and giving false testimony to investigators and a federal grand jury.
- State manslaughter charges against Messerlian were initially brought, later not re-indicted after new evidence, and dismissed.
- A federal grand jury later indicted Messerlian for deprivation of rights under color of law (18 U.S.C. § 242), conspiracy to obstruct justice (18 U.S.C. § 371), and false grand jury declarations (18 U.S.C. § 1623), and indicted Wolkowski for conspiracy and false declarations.
- After a lengthy jury trial, Messerlian was convicted on all counts; Wolkowski was convicted of conspiracy to obstruct justice.

## Issues

1. Whether the jury instructions on “willfully” under 18 U.S.C. § 242 adequately required specific intent, or improperly allowed conviction based only on excessive force without intent to deprive a federal right.
2. Whether a conspiracy to obstruct justice under 18 U.S.C. § 371 (predicated on obstruction principles associated with 18 U.S.C. § 1503) can be sustained when no federal judicial proceeding was pending when the conspiracy began, where a federal proceeding was foreseeable.
3. Whether the government’s alleged failure to disclose exculpatory medical-causation information required relief under Brady.

## Decision

- The Third Circuit affirmed the convictions and sentences on all counts of conviction.
- The court held the § 242 instructions were legally sufficient: the government need not prove knowledge of the precise constitutional provision, and the jury could find willfulness if the defendant intentionally used force he knew was wrongful and that in fact deprived the victim of a federally protected right.
- The court held the obstruction-conspiracy conviction could rest on efforts aimed at obstructing a reasonably foreseeable federal proceeding, even if no such proceeding was pending when defendants acted.
- The court rejected the Brady claim, finding no suppression of material, favorable evidence warranting a new trial.

## Legal Principles

- Under 18 U.S.C. § 242, “willfully” does not require proof that the defendant knew the specific constitutional text or label of the right violated; it is enough that the defendant intentionally committed a wrongful act under color of law that in fact deprived a person of a federally protected right.
- A conspiracy to obstruct justice may be proved where defendants agree to acts intended to impede the due administration of justice in a federal proceeding that is reasonably foreseeable, even if not yet pending at the time of the agreement.
- Brady relief requires suppression of evidence favorable to the defense that is material; no relief is warranted absent a showing of undisclosed, material exculpatory evidence likely to affect the verdict.

## Conclusion

The Third Circuit affirmed federal civil-rights and obstruction-related convictions arising from a custodial death, holding that § 242 willfulness does not require knowledge of the specific constitutional provision, that obstruction conspiracies may target foreseeable federal proceedings, and that the record did not support a material Brady violation.


United States v. Messerlian, 832 F.2d 778 (3d Cir. 1987)