Collins v. Ainsworth, 03-60539.
| Citation | 382 F.3d 529 |
| Decision Date | 20 August 2004 |
| Docket Number | No. 03-60539.,03-60539. |
| Parties | Houston COLLINS; Sharlet Belton Collins; Robert Earl Collins; Velma Jean Collins; Darrell Calender; Larry Valliere; Gregory Tolliver; Sherman Tolliver; Dwayne Kemp, Christopher Wong Won, Detron Bendross, Bernard Vergis, Ashley Grundy, and Eddie Youngblood, III, Also Known As 2 Live Crew; Timothy Vincent Young; Priscilla Morris; Luther Jefferson; Lee Ester Crump; and Linda Christmas, Plaintiffs-Appellees, v. Frank AINSWORTH; et al., Defendants, Frank Ainsworth; Bruce Kirby; Chad Seals; Troy Davis; Tony Hemphill; John Goza; Harold Winters; Eddie Givens; and William Brown, Defendants-Appellants. |
| Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
Carroll E. Rhodes (argued), Law Offices of Carroll Rhodes, Hazlehurst, MS, for Plaintiffs-Appellees.
Michael Jeffrey Wolf (argued), Page, Kruger & Holland, Jackson, MS, for Defendants-Appellants.
Appeal from the United States District Court for the Southern District of Mississippi.
Before GARWOOD, WIENER, and DeMOSS, Circuit Judges.
Defendants-Appellants Frank Ainsworth, et al. ("Defendants"), appeal from the district court's denial of their summary judgment "motion for qualified immunity" in a 42 U.S.C. § 1983 action filed by Plaintiffs-Appellees Houston Collins, et al. ("Plaintiffs"), relating to roadblocks and vehicle checkpoints on the road leading to a concert planned to be held in Copiah County, Mississippi, on June 4, 2000. Defendants argue the district court erred by not granting them qualified immunity because Plaintiffs have failed to offer material facts that demonstrated clearly established constitutional violations and/or objectively unreasonable actions by Defendants.
We find that the Plaintiffs have not put forth material evidence of any constitutional violations committed by Deputies Kirby, Seals, Davis, Hemphill, Goza, Winters, Givens, and Brown. Therefore, the district court erred by not finding these deputies entitled to qualified immunity on all claims as a matter of law. We also find that Plaintiffs have not materially supported any clearly established Fourteenth Amendment violation committed by Sheriff Ainsworth as a matter of law. However, we find that, taking Plaintiffs' facts regarding Sheriff Ainsworth's conduct as true, his actions in connection with the checkpoints were objectively unreasonable in light of clearly established Fourth Amendment law, as to all Plaintiffs, and First Amendment law, as to most Plaintiffs. Therefore, we REVERSE the district court's denial of qualified immunity as to all deputy Defendants on all issues and as to Sheriff Ainsworth on the Fourteenth Amendment issue; we AFFIRM the court's denial of qualified immunity as to Sheriff Ainsworth on the Fourth Amendment issue; we AFFIRM in part and REVERSE in part the court's denial of qualified immunity as to Sheriff Ainsworth on the First Amendment issue; and we REMAND for proceedings consistent with this opinion.
Plaintiffs Sharlet Belton Collins and Houston Collins (together, the "Collins") produced several concerts in Mississippi under the name S&H Productions from about 1991 to 2000. Some of these concerts were staged at Collins Field, a multi-acre tract of land in rural Copiah County, Mississippi, owned by Plaintiffs Robert Earl Collins and Velma Jean Collins. On or about May 16, 2000, the Collins made arrangements for the rap group 2 Live Crew to give a concert (the "Concert") on Sunday, June 4, 2000, at Collins Field. Collins Field was to open early in the afternoon; and the Concert, which included opening disc jockey acts, was to start at 5:00 or 6:00 p.m. Starting on May 17, 2000, a local radio station began airing ads for the Concert.
Early during the week prior to June 4, 2000, Copiah County Deputy William Brown and two other Copiah County deputies not named as defendants, Andre Davis and Fred Boyd according to Brown, went to the Collins' home. They informed Houston that the sheriff of Copiah County, Frank Ainsworth, did not want the upcoming Concert to proceed. Brown stated that this request was made because of calls Ainsworth had received about foul language and issues related to a previous concert held on Mother's Day. The Collins stated the request was really solicitation for a bribe and retaliation for supporting Ainsworth's political opponent. Ainsworth admitted in a television interview that deputies from his office had warned Houston not to have the Concert. Both Sharlet and Houston Collins stated the message that the Concert was not going to happen was sent by Ainsworth.
Prior to June 4, 2000, Ainsworth had the county attorney contact the state attorney general's office to obtain an opinion concerning the legality of a driver's license checkpoint. Ainsworth claimed that he was concerned that many unlicensed drivers of all ages would be attending the "rock" Concert, which he had heard advertised. He also stated he had received excessive noise, profanity, and trash complaints concerning a previous concert on Mother's Day. Ainsworth stated that no checkpoints had ever been held in connection with county-staged rodeos because he did not think unlicensed drivers would attend rodeo events. He also claimed that he instructed the deputies who would conduct the checks to be courteous and treat people fairly, and to stop each car approaching the checkpoints, regardless if they planned to attend the Concert. Deputies were instructed to make arrests for any criminal violations found in connection with the checkpoints. Ainsworth stated he was the sole policymaker regarding the procedures, customs, and practices used to effectuate the checkpoints.
On June 4, 2000, at about 7:00 a.m., a roadblock and vehicle checkpoint had been set up along Old Port Gibson ("OPG") Road leading to Collins Field. There was heavy traffic, and another roadblock and checkpoint were set up later facing the other direction on OPG Road. During the course of the day on June 4, 2000, deputies from Copiah County's Sheriff's Office stopped numerous vehicles at these checkpoints, including those driven by certain Plaintiffs: Houston Collins, Sharlet Collins, Robert Collins, Velma Collins, Darrell Calender, Larry Valliere, Gregory Tolliver, Sherman Tolliver, the members of 2 Live Crew, Timothy Vincent Young, Luther Jefferson, and Lee Esther Crump. Plaintiff Linda Christmas was a passenger in Crump's vehicle that was stopped; Plaintiff Priscilla Morris was a passenger in Jefferson's vehicle that was stopped. Deputies confiscated beer in plain view. Deputies also asked permission to search some of the vehicles; some searches yielded beer and/or marijuana.
Deputies arrested approximately 70 to 80 people, approximately two to three for driver's license infractions, including Larry Valliere, but many more for the illegal possession of beer. These arrestees, including Darrell Calender, Larry Valliere, Gregory Tolliver, Sherman Tolliver, Luther Jefferson, and Priscilla Morris, were detained overnight at the Copiah County detention center. Ainsworth had instructed that no one could be released until the morning—Monday, June 5, 2000. There is evidence that thunderstorms set in that night and two judges were brought in the next morning for Plaintiffs to make bond. The large number of detainees exceeded the jail's capacity, which was approximately 50 people.
The rap group 2 Live Crew did not perform at the Concert. There is evidence the cancellation may have been due to the checkpoint incident upsetting them, because of the roadblocks "scaring off" concertgoers, because Sharlet Collins felt ill, or because of the weather. It appears some of the opening deejay acts did perform at the Concert, starting around 1:00 or 2:00 p.m.
Plaintiffs, who are African-American, filed this § 1983 suit in district court on February 5, 2001. Plaintiffs included the Concert promoters, Houston and Sharlet Collins; the owners of Collins Field, Robert and Velma Collins; the members and managers of 2 Live Crew, Dwayne Kemp, Christopher Wong Won, Detron Bendross, Bernard Vergis, Ashley Grundy, and Eddie Youngblood, III; vendors who were going to sell food at the Concert, Gregory Tolliver and Sherman Tolliver; and certain would-be concertgoers, all other Plaintiffs. Defendants included Copiah County Sheriff Ainsworth, and Copiah County Deputies Brown, Kirby, Seals (whose actual last name is Sills1), Davis, Hemphill, Goza, Winters, and Givens, who were all sued in their individual and official capacities. Plaintiffs made various allegations about how Defendants' actions at the roadblock and associated checkpoint stops violated their Fourth and First Amendment rights. Those Plaintiffs who were arrested at the checkpoints and taken to jail alleged that their Fourteenth Amendment due process rights were violated because they were not permitted to make bail within 24 hours of being arrested and were detained in an overcrowded jail.
Defendants filed a motion seeking qualified immunity, arguing that Plaintiffs had not shown that Defendants had taken any specific actions that violated Plaintiffs' constitutional rights. Plaintiffs did not specifically respond to this motion, other than submitting a jail log that showed certain Plaintiffs had been arrested the day of the concert and the Minutes of a 1966 meeting of the Copiah County Board of Supervisors recording the Board's decision to permit the sale and possession of "alcoholic liquors" in Copiah County.2 Plaintiffs then filed a cross-motion for summary judgment, including depositions from Ainsworth, Brown, Givens, Seals, Davis, Sharlet Collins, and Houston Collins. Plaintiffs then supplemented with a news report videotape exhibit and answers to interrogatories. Defendants filed a reply that to the extent Plaintiffs' filing could be a response to Defendants' motion for qualified immunity, Plaintiffs had not shown Defen...
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