Bailey v. Daniels
| Decision Date | 30 December 2009 |
| Docket Number | Civil Action No. 1:08-cv-01904. |
| Citation | 679 F. Supp.2d 713 |
| Parties | Clyde Cody BAILEY, Jr. v. Danny DANIELS. |
| Court | U.S. District Court — Western District of Louisiana |
Clyde Cody Bailey, Jr., Alexandria, LA, pro se.
Gregory N. Wampler, Lemoine & Wampler, Pineville, LA, for Defendant.
RULING
Two cross-motions for summary judgment are pending before the Court:
The reasons for these rulings will be explained more fully below. Final disposition will follow by a separate judgment.
This lawsuit arises out of a series of events that took place of January 2, 2007. On that morning, Mr. Daniels and several companions were deer hunting in Catahoula Parish, and were using at least one hunting dog that had been fitted with a "tracking collar." The tracking collar allowed the hunters to pinpoint the dog's position using locator technology.
Mr. Daniels and one of his fellow hunters, Scott Nugent ("Mr. Nugent"), were attempting to locate one of the hunting dogs using the tracking collar. At some point, the two hunters passed Mr. Bailey's truck on a rural road in Catahoula Parish, Louisiana. Judging by indications from the tracking device, Mr. Nugent believed that the dog was inside of Mr. Bailey's truck. Therefore, he and Mr. Daniels pursued Mr. Bailey and attempted to flag him down.1 Mr. Bailey initially accelerated away from the hunters, but eventually stopped his vehicle. At this point, the three men were in LaSalle Parish.
Once Mr. Bailey stopped his vehicle, a confrontation ensued in which Mr. Daniels, a deputy sheriff with the Rapides Parish Sheriff's Office ("RPSO"), accused Mr. Bailey of killing his hunting dog. Mr. Daniels called the RPSO using his cellular telephone, reported Mr. Bailey's license plate number, and obtained from an unknown operator at least some identifying information on Mr. Bailey, including his name.2 Once again, the confrontation took place in LaSalle Parish, not in Rapides Parish. Moreover, it is conceded that Mr. Daniels was not acting in his official capacity as a RPSO deputy when he obtained the identifying information.
Mr. Bailey then contacted the Catahoula Parish Sheriff's Office (CPSO), and two deputies responded to the call. As a result of the CPSO investigation, Mr. Bailey was arrested and charged with the crime of theft under La. R.S. 14:67. On September 18, 2007, in the matter of State of Louisiana v. Clyde C. Bailey, Jr., No. 07-0006, Mr. Bailey was convicted of misdemeanor theft. He was sentenced to a term of six months imprisonment, which was suspended, and was ordered to pay $2,000 restitution and to serve a twenty-four-month term of supervised probation.
On December 5, 2008, Mr. Bailey filed suit in this Court, seeking an award of damages against Mr. Daniels in the amount of $10,000, costs, and such other equitable and punitive relief as may be appropriate. (Doc. 1). In this initial complaint, Mr. Bailey alleged that Mr. Daniels violated the provisions of the Driver's Privacy Protection Act ("DPPA"), 18 U.S.C. § 2721 et seq., as well as 18 U.S.C. § 242, a criminal statute relating to the deprivation of a victim's rights by a person acting under color of law.
Mr. Bailey filed a motion for summary judgment on June 29, 2009 (Doc. 13), alleging that the defendant unlawfully obtained personal information in connection with Mr. Bailey's motor vehicle records, and disclosed that information to others. Mr. Daniels responded to this motion, and subsequently filed his own motion for summary judgment (Doc. 25), arguing that: (1) he was justified in using Mr. Bailey's license plate number to investigate the possible theft of his dog and/or tracking collar, which is a permissible use of the information exempted by the DPPA; (2) he never used, disclosed, or sold the personal information that he obtained, because it became unnecessary to do so after Mr. Bailey initiated the CPSO investigation which led to his arrest.
We have carefully considered the parties' filings, the record, and the evidence presently before the Court. We also note that, with the filing of these cross-motions, we have all of the evidence before us that would likely appear if a trial were held on the merits. As such, we are now prepared to rule on both competing motions in the case.
Under Rule 56(c), the Court will grant a party's motion for summary judgment only if:
the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.
Fed.R.Civ.P. 56(c). A genuine issue of material fact exists if the evidence is such that a reasonable jury could return a verdict in favor of the nonmoving party. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).
Where adverse parties have filed cross-motions for summary judgment, we "`review each party's motions independently, viewing the evidence and inferences in the light most favorable to the nonmoving party.'" Tidewater Inc. v. United States, 565 F.3d 299, 302 (5th Cir.2009) (quoting Ford Motor Co. v. Tex. Dep't of Transp., 264 F.3d 493, 499 (5th Cir.2001)). However, mere conclusory allegations are not competent summary judgment evidence, and such allegations are insufficient to defeat a motion for summary judgment. Brock v. Chevron U.S.A., Inc., 976 F.2d 969, 970 (5th Cir.1992).
The Court also notes that the filing of cross-motions "does not necessarily constitute an agreement to trial on a stipulated record." John v. State of La. Bd. of Trs., 757 F.2d 698, 705 (5th Cir.1985). Likewise, the fact that both parties argue there are no genuine issues of material fact does not mandate that a district court resolve the dispute without a trial. Dotson v. City of Indianola, 739 F.2d 1022, 1026 n. 5 (5th Cir.1984). Rather, in the context of this case, Mr. Bailey will be entitled to summary judgment if he can meet the Rule 56(c) standard as to each of the required elements of his claim, while the Mr. Daniels need only negate one of those essential elements. See Fontenot v. Upjohn Co., 780 F.2d 1190, 1195 (5th Cir.1986).
Mr. Bailey seeks relief under two federal statutes, which we will analyze independently. The Court notes that Mr. Bailey, unlike Mr. Daniels, is proceeding pro se. As a result, and in accordance with settled precedent, the Court holds Mr. Bailey's filings to a less exacting standard than the filings of an attorney, and construes Mr. Bailey's arguments liberally. See Haines v. Kerner, 404 U.S. 519, 520-21, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972); Parker v. Fort Worth Police Dept., 980 F.2d 1023, 1026 (5th Cir.1993).
The plaintiff contends that Mr. Daniels, while acting under color of law, deprived him of rights secured by federal law. The controlling statute in this claim, 18 U.S.C. § 242, provides as follows:
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
"The term `willfully' in § 242 implies conscious purpose to do wrong and intent to deprive another of a right guaranteed by the Constitution or other federal law." United States v. Sipe, 388 F.3d 471, 480 n. 21 (5th Cir.2004).
In the summary judgment motion, defense counsel suggests that § 242 "does authorize a private civil cause of action." (Doc. 25-1, p. 3 n. 3). That statement is incorrect. At no point does § 242, or any parallel or enabling provision, even mention civil liability.3 To the contrary, it is well settled that "18 U.S.C. §§ 241 and 242 do not provide a basis for civil liability," but rather, are purely criminal provisions. Gill v. State of Tex., 153 Fed.Appx. 261, 262 (5th Cir.2005) (citing Hanna v. Home Ins. Co., 281 F.2d 298, 303 (5th Cir.1960); Ali v. Shabazz, 8 F.3d 22 (5th Cir.1993)).4 Mr. Bailey, "as a private citizen ... has no standing to institute a federal criminal prosecution and no power to enforce a criminal statute." See id. (citing Linda R.S. v. Richard D., 410 U.S. 614, 619, 93 S.Ct. 1146, 35 L.Ed.2d 536 (1973); United States v. Batchelder, 442 U.S. 114, 124, 99 S.Ct. 2198, 60 L.Ed.2d 755 (1979)).
As such, no set of facts could provide Mr. Bailey with a basis for relief under 18 U.S.C. § 242, and Mr. Daniels is entitled to judgment as a matter of law.5 Therefore, Mr. Daniels's motion for summary judgment is GRANTED as to this particular claim.
Mr. Bailey also seeks relief under the DPPA, alleging that Mr. Daniels unlawfully obtained and...
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