Byrd v. Bryant

• Decision Date: 30 September 2020
• Docket Number: Civil Action No. 5:19-315-DCR
• Citation: 490 F.Supp.3d 1202
• Parties: Sarah BYRD, Plaintiff, v. Frank BRYANT, individually and in his official capacity as Wolfe County Constable, Defendant.
• Court: U.S. District Court — Eastern District of Kentucky

490 F.Supp.3d 1202

Sarah BYRD, Plaintiff,

v.Frank BRYANT, individually and in his official capacity as Wolfe County Constable, Defendant.

Civil Action No. 5:19-315-DCR

United States District Court, E.D. Kentucky, Central Division. (at Lexington).

Signed September 30, 2020

Ned Pillersdorf, Pillersdorf, DeRossett & Lane - Prestonsburg, Prestonsburg, KY, for Plaintiff.

Jonathan C. Shaw, Porter Banks Baldwin & Shaw - Paintsville, Paintsville, KY, for Defendant.

MEMORANDUM OPINION AND ORDER

Danny C. Reeves, Chief Judge

This case involves a property dispute among neighbors that was anything but neighborly. Months of bickering intensified into threats of violence, and Plaintiff Sarah Byrd ended up being charged with terroristic threatening. Byrd claims that the arresting officer was in cahoots with her neighbors and, as a result, she was maliciously prosecuted. The matter is pending for consideration of Defendant Frank Bryant's motion for summary judgment. [Record No. 30] The motion will be granted because Bryant had probable cause to initiate the Byrd's prosecution.

I.

Wolfe County in Eastern Kentucky comprises a portion of the northern end of the Daniel Boone National Forest. Morgan County lies immediately to the northeast. The Wolfe County seat is located in Campton, which is named for the Swift Camp Creek that runs through downtown. One witness observes that Campton is a small community where "pretty much everybody around [is] buddies," and "[e]verybody knows what everybody's doing." [Record No. 28, p. 21] Washington Street runs north from Campton along the Creek for nearly a mile before it turns into Harvest Ridge Road. The street then winds its way around the edge of forest. Eventually, it leads to the site of the events giving rise to this action.

In 2008, Byrd's father purchased a home at 492 Harvest Ridge Road in Campton. [Record No. 27, p. 4] The Linkouses originally owned the land on which the house sits. [Id. at p. 31] At some point many years earlier, the Linkous family conveyed the land but retained an easement in the form of a driveway that allows them to cross the property and access their farm, which borders the back of the Byrds' property. [Id. at pp. 23, 31] Mike Linkous and his wife Geraldine live "a few houses down" from the Byrds, while Mike's father, Denzil, lives about a mile away. [Id. at p. 23]

Byrd lived on the property on Harvest Ridge until 2011. She then moved throughout Wolfe and Morgan Counties multiple times before returning with her husband and children sometime in 2017. [Record No. 27, pp. 2-4] Throughout this period of nearly ten years, neither the Byrds nor any other residents of the Harvest Ridge property had any disputes with the Linkouses concerning their use of the driveway. [Id. at pp. 22, 75]

The Byrds' and the Linkouses' relationship deteriorated sometime around the beginning of 2018. Tensions rose when Byrd allegedly caught Mike Linkous "looking in [her] bedroom window" and confronted him about being on her property. [Record No. 27, p. 22] After that, the Linkouses allegedly began to torment Byrd and her children by habitually sitting on the driveway, walking around the property, and "claim[ing] they owned it." [Id. ; Record No. 28, p. 7] However, when Byrd would voice objections, the Linkouses would respond that it was their property and they would "do as [they] pleased." [Id. at p. 24] Bickering over the use and extent of the right-of-way occurred "several times weekly for six months." [Id. at p. 27]

Byrd called the police a "minimum of three" times over the course of the feud, but law enforcement did not intervened. [Record No. 27, p. 25] She also contacted the county attorney's office, but no action was taken. [Id. at pp. 28-29] At some point, the county attorney wrote to the Byrds on behalf of the Linkouses, requesting that they move a vehicle off the right-of-way. [Id. at p. 29; Record No. 28, p. 10] Apparently, because the Linkouses rarely used the driveway, the Byrds had parked a broken-down truck there for so long that it had "weeds grown up in it." [Record No. 28, p. 10] The Byrds moved the truck without objection, but the spat continued. [Record No. 27, p. 29]

June 22, 2018, proved to be a tipping point. That evening, Byrd was at home with her children when Mike and Geraldine Linkous drove down the driveway and around to the back of the Byrds' home near the back yard where the children were playing. [Record No. 27, p. 30] Mike Linkous exited his truck and began "walking around, just exploring [the Byrds'] yard, looking in the truck bed, and [doing] different things he really had no right to do." [Id. ] Byrd went to the back yard and warned Mike to get back on the right-of-way, at which point the "who-owns-what" argument resumed. [Id. ] This time, however, physical threats were exchanged, allegedly initiated by Mrs. Linkous. [See id. at p. 37; Record Nos. 30-4; 30-5.]

Mrs. Linkous called 9-1-1 first. [Record No. 30-7, "1 – Linkus [sic] call to 911"] She reached Corey Centers, the dispatcher on duty. [See Record No. 30-6.] However, before she could speak, Byrd could be heard saying, "[y]ou better get in that vehicle and get out of my yard before I shoot your ass."¹ [Id. at 0:20-0:25]² Mrs. Linkous then advised Centers that she and her husband came down the driveway to "check on the cows" when a woman came out and threatened to shoot them. [Id. at 0:40-0:45] When Mrs. Linkous asked Byrd for her name so she could relay it to Centers, Byrd responded that it was "none of [her] damn business." [Id. at 1:00-1:05]

Byrd called 9-1-1 next. [Record No. 30-7, "2 – Sarah Byrd's 911 call"] She began her call by briefly summarizing the situation:

My name is Sarah Byrd, I have got Mike Linkous in my yard and he is taking full advantage of what is called a right of way, and he swears ... that he owns my property, and he does not. His wife is out here threatening to whip my ass. I've caught this man looking in my bedroom window. I want somebody out here.

[Id. at 1:00-1:30] Byrd went on to tell Centers that

I'm not [going to] have somebody up here threatening me in front of my children. I told him you can either use your right of way and get through your fence or leave. And that big mouthed woman of his jumped out and started threatening me. I ain't having it, I will shoot [them]. Whoever's coming better get their ass out here [be]cause I've got a gun and I will shoot them.

[Id. at 4:23-4:45]³ Byrd then backtracked and reassured Centers that she did not have the gun in her hand, but she quickly affirmed that she would "protect [her] property." [Id. at 4:50-5:00] When Byrd realized she knew Centers,⁴ she doubled down on the threats, saying, "[y]ou know who you're dealing with then, and you know I'm mean as s--t." [Id. at 5:10-5:15]

Centers dispatched Wolfe County Constable Frank Bryant to the scene because "anytime a gun is involved in a situation it has to be investigated." [Record No. 30-5, p. 1] An officer with the Wolfe County Sheriff's Department, Michael Caudill, and a Kentucky State Trooper (not identified in the record) were also dispatched, but they arrived well after Bryant. [See Record No. 27, p. 44-46.]

When Bryant arrived, the Linkouses were all on the right-of-way. Mike and Geraldine were in one vehicle, and Denzil, who Mike had called for help, was in another vehicle parked behind them. [Record No. 29, p. 11] Bryant noticed fairly quickly that there was no gun involved, so he proceeded to intervene before the other officers arrived. [Id. at p. 16] It was an "upset scene," with Byrd claiming that the Linkouses had been on her property, and the Linkouses vehemently denying the accusations. [Id. at 11-12] As the neighbors exchanged obscenities, Bryant made several attempts to diffuse the situation by directing Byrd to remain on her porch. [Id. at 12-13] But when it began to rain, Bryant got in Denzil Linkous's vehicle to stay out of the rain and talk about "what [was] going on." [Record Nos. 29, p. 13; 28, pp. 16-17]

Following conversations with the officers, Mike and Geraldine Linkous provided written statements and were told to leave. [See Record Nos. 30-4; 30-5] However, when Byrd observed that the Linkouses were being allowed to leave, she came off the porch to object. [Record No. 27, p. 48] Bryant repeatedly reminded Byrd that she should not make threats in his presence. [Record No. 29, p. 23] But when Bryant would turn around, Mrs. Linkous would mouth threats and gesture obscenities at Byrd. [Record No. 27, pp. 47-48] Unfortunately, as the Linkouses were leaving, Byrd threatened to drag Mrs. Linkous out of her vehicle and strike her.⁵ [Id. at p. 48] Bryant and the other officers eventually left the scene without making any arrests.

Bryant later reported the incident to the county attorney, who made the decision to file a criminal complaint against Byrd. [Record no. 29, pp. 23-24] Bryant provided an affidavit in support of the complaint, in which he stated that

Sarah Byrd threatened to "stomp" Michael Linkous and would not calm herself down during the interviews of the witnesses despite being told by affiant that she was in danger of being charged for a crime (when she again came toward affiant shaking her finger and yelling at Michael Linkous). Affiant had to direct her several times to stay on the porch at her home while he talked with other witnesses. Defendant continued to be agitated and angry to the point she told affiant that there "would be blood shed" and when Michael Linkous and his wife began driving away (after the interview), Defendant yelled "bitch" and "I will drag you out of that car and stomp you." Defendant had also called into 911/dispatch and threaten[ed] to "shoot them." The affiant conformed [sic] that 911 call with dispatch and also witnessed/heard the other statements made by Defendant. Further investigation by affiant confirms the prior report of Denzel [sic] Linkous to the Wolfe County Sheriff's Office that Defendant had threatened to kill him if is [sic]

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