Agundis v. Rice
| Decision Date | 13 July 2018 |
| Docket Number | No. 2:17-cv-00536-JEO,2:17-cv-00536-JEO |
| Parties | ELIA A. AGUNDIS, Plaintiff, v. JOHN LEON RICE, Defendant. |
| Court | U.S. District Court — Northern District of Alabama |
Plaintiff Elia Agundis, acting pro s e, has sued John Leon Rice in his official and individual capacities for numerous alleged intentional torts and criminal and civil rights violations. (Doc. 68).1 This action was originally filed in the Southern District of Alabama, but was transferred to this court due to a lack of jurisdiction over the claims. (Doc. 62). Rice has filed two motions to dismiss the second amended complaint on various grounds. (Docs. 76 & 78). Rice has also filed a motion to strike Agundis's brief filed in response to one of the motions to dismiss. (Doc. 89). For the reasons stated below, the court finds that the motion to strike is moot and the motions to dismiss are due to be granted and this case dismissed.
To the extent Rice challenges this court's personal jurisdiction over him pursuant to Federal Rule of Civil Procedure 12(b)(2), the court must undertake a two-step inquiry. The court is required to determine whether "the exercise of jurisdiction (1) [is] appropriate under the state long-arm statute and (2) does not violate the Due Process Clause of the Fourteenth Amendment to the United States Constitution." United Techs. Corp. v. Mazer, 556 F.3d 1260, 1274 (11th Cir. 2009).
To the extent Rice challenges whether the second amended complaint states a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure Rule 12(b)(6), the "issue is not whether a plaintiff will ultimately prevail but whether the claimant is entitled to offer evidence to support the claims." Little v. City of North Miami, 805 F.2d 962, 965 (11th Cir. 1986) (quoting Scheur v. Rhodes, 416 U.S. 232, 236 (1974) (internal quotation marks omitted)). In considering a motion to dismiss, the court assumes the factual allegations in the complaint are true and gives the plaintiff the benefit of all reasonable factual inferences. Hazewood v. Foundation Financial Group, LLC, 551 F.3d 1223, 1224 (11th Cir. 2008).
Rule 12(b)(6) is read in light of Rule 8(a)(2), which requires "a short and plain statement of the claim showing that the pleader is entitled to relief," in orderto "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests." See Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)) (internal quotation marks omitted). "While a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations, a plaintiff's obligation to provide the grounds of his entitlement to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Twombly, 550 U.S. at 555 (citations, brackets, and internal quotation marks omitted). "Factual allegations must be enough to raise a right to relief above the speculative level...." Id. Thus, "a complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face,'" i.e., its "factual content ... allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citations omitted). "The plausibility standard is not akin to a 'probability requirement,' but it asks for more than a sheer possibility that a defendant has acted unlawfully." Id. (quoting Twombly, 550 U.S. at 557).
Agundis alleges multiple claims against Rice in both his individual and official capacities, including a conspiracy to commit assault; assault and battery; trespass; "aggravated cruelty to animals;" witness tampering; "crossing stateboundaries to [a] violate protection order;" stalking, breaking and entering; rape; sexual assault; intentional infliction of emotional distress; and outrage. (Doc. 68). The events are alleged to have occurred while Rice was a police officer with the City of Columbus, Mississippi or while he was a deputy sheriff with the Oktibbeha County, Mississippi Sheriff's Department. (Id. at ¶ 1). Agundis appears to be seeking relief, at least in part, pursuant to 42 U.S.C. § 1983. (Id. at 21).
Agundis asserts that Rice broke into her Columbus, Mississippi home between July 2012 and December 2013 on multiple occasions to see Agundis's daughter and to steal food and money. (Id. at ¶¶ 2, 6, 22-26 & 39-41). Rice allegedly grew more violent as time went on, and Agundis claims Rice killed her cat in July of 2012, assaulted her (Agundis) various times from July to December 2012, and sexually assaulted and impregnated her in December 2012. (Id. at ¶¶ 4, 7, 8, 20-21, 27-28, 42-52). According to Agundis, Rice returned to her residence in March 2013 as Agundis was going to a doctor's appointment. He pushed her into her house and told Agundis she did not need a doctor because "Africa[n] women don't use doctors to have babies." (Id. at ¶ 9). Agundis alleges Rice came to the house in July 2013 with a bucket of plaster and forced Agundis's daughter to plaster Agundis's naked body. (Id. at ¶ 10). Agundis further asserts that Rice also attempted to "abduct" her new-born child in September 2013. (Id. at ¶ 11).
After failing to receive help from various law enforcement agencies in Mississippi, Agundis moved to Gulf Shores, Alabama, in December 2013. (Id. at ¶ 13). Thereafter, she obtained a "Protection [From] Abuse Order" in an Alabama court against Rice. (Id.) According to Agundis, Rice actively avoided being served with the Protection Order. (Id.)
Agundis alleges she received threatening text messages from Rice subsequent to her move to Alabama. She also states that Rice posted death threats directed at her on social media. (Id. at ¶ 13).
On December 21, 2015, Agundis was in Birmingham, Alabama to attend a Protection from Abuse hearing. When she arrived at the courthouse with her daughter, Agundis saw Rice and Regina Sykes, another Oktibbeha County deputy sheriff. According to Agundis, Rice identified her to Sykes and Rice had Sykes roll up some "legal documents" and strike her "in the abdomen, causing swelling and bruising." (Id. at ¶¶ 14 & 17). Agundis asserts that this incident occurred after Rice had been served with a copy of an "emergency protection order, forbidding him or any third-party under his direction [from] contact[ing] or communicat[ing] with [Agundis]." (Id. at ¶ 18).
To place the foregoing in context, it also is helpful to review various proceedings in the state courts of Mississippi. After Agundis had her child in December 2013, Rice filed suit in the Chancery Court of Oktibbeha County,Mississippi against Agundis, seeking to determine paternity, visitation and custody. (Docs. 17-1; 44-1). Following a trial, the Chancery Court determined Rice was the natural father of the child. The court also awarded the parties joint legal custody of the child, with physical custody remaining with Agundis; visitation for Rice; and child support for the child. (Docs. 17-3 at 172-78; 44-3 at 172). After Agundis moved to Alabama she filed numerous motions opposing the award of visitation rights to Rice. She specifically attempted to have the findings of the Chancery Court set aside. The decision of the Chancery Court was affirmed by the Mississippi Court of Appeals on June 28, 2016. See Adams v. Rice,2 196 So. 3d 1086 (Miss. Ct. App. 2016).3 Rice also filed a petition for contempt andmodification of child custody in November 2015, alleging that Agundis refused to allow him visitation or contact with their then two-year old child. Adams v. Rice, 2018 WL 2928703 (Miss. Ct. App. Jun. 12, 2018). The Chancery Court found Agundis in contempt for failing to allow Rice to see the child. It also ordered Riceto pay his child support arrearage. Id. at *2-3. Agundis challenged that decision in a pro se appeal. The Mississippi Court of Appeals affirmed the Chancery Court decision on June 12, 2018.
Rice resigned from the City of Columbus Police Department on February 14, 2013. (Doc. 76-1 at 2, ¶ 5).
This federal action was filed while the child custody proceedings were still pending in the Chancery Court. (See Docs. 17-3 at 179-245; 44-3 at 179-245). Agundis initially named numerous other Mississippi defendants, including the Chancery Court Judge. (Doc. 1 at 1). All the defendants except Rice previously were dismissed in this action.
Agundis's second amended complaint is the operative pleading at this juncture. Therein, she asserts thirteen separate claims against Rice in his individual and official capacities as a former police officer for the City of Columbus, Mississippi (the "City") and as a deputy sheriff for Oktibbeha County, Mississippi (the "County"). She asserts federal claims against Rice purportedly arising under 18 U.S.C. §§ 2261, 2262 and 2265 (doc. 68 at ¶¶ 17 & 34) and under 42 U.S.C. § 1983 (id. at 21). The claims include the following: (1) conspiracy to commit assault (Count I); (2) assault and battery (Count II); (3) trespass (Count III); (4) aggravated cruelty to animals (Count IV); (5) witness tampering (CountV); (6) crossing state boundaries to violate a protection order (Count VI); (7) stalking (Count VII); (8) breaking and entering (Count VIII); (9) rape (Count IX); (10) sexual assault (Count X); (11) invasion of privacy (Count XI); (12) intentional infliction of emotional distress (Count XII); and (13) outrage (Count XIII). (Doc. 68).
Rice responded to the second amended complaint with two motions to dismiss. The first is advanced by Rice in his official capacity as a former police officer of the City. (Doc. 76). Therein, he alleges the amended complaint is due to be dismissed because there is a lack of personal jurisdiction and because the...
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