Cannon v. Vill. of Bald Head Island

• Decision Date: 30 November 2020
• Docket Number: No. 7:15-CV-187-H,7:15-CV-187-H
• Court: U.S. District Court — Eastern District of North Carolina
• Parties: THOMAS CANNON, JESSE CONNER, DONALD KOONS, and NICHOLAS TERRELL, Plaintiffs, v. VILLAGE OF BALD HEAD ISLAND, NORTH CAROLINA, CALVIN R. PECK, JR., in his individual capacity, and CAROLINE MITCHELL, in her individual capacity, Defendants.

THOMAS CANNON, JESSE CONNER, DONALD KOONS,and NICHOLAS TERRELL, Plaintiffs, v. VILLAGE OF BALD HEAD ISLAND, NORTH CAROLINA,CALVIN R. PECK, JR., in his individual capacity,and CAROLINE MITCHELL, in her individual capacity, Defendants.

No. 7:15-CV-187-H

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION

November 30, 2020

JUDGMENT

Decision by Court.

This case came before the Honorable Malcolm J. Howard, Senior United States District Judge for bench trial.

IT IS ORDERED, ADJUDGED AND DECREED relief is granted as to the following claims: 1. Plaintiffs Cannon, Conner, Koons, and Terrell's liberty interest claims against Defendants Peck and Mitchell in their individual capacities on plaintiffs' section 1983 claims for violations of their Due Process Rights under the Fourteenth Amendment. 2. Plaintiffs Cannon, Koons, and Terrell's libel per se claims against Defendants Peck and Mitchell. 3. Plaintiff Conner's libel per se claim against Defendant Mitchell. 4. Plaintiff Conner's libel per quod claim against Defendant Peck.

The following claims are dismissed: 1. Plaintiff Cannon, Conner, Koons, and Terrell's Wrongful Discharge claims against Defendant Village. 2. Plaintiff Conner's Breach of Contract claim against Defendant Village. 3. Plaintiff Cannon, Koons, and Terrell's Libel Per Se Claims against Defendant Village. 4. Plaintiff Conner's Libel Per Quod Claim against Defendant Village.

Page 2

Based upon Findings of Fact and Conclusions of Law as set out herein, the summary of awards are as follows:

a. Thomas Cannon

i. Liberty Interest Damages: $80,000

ii. Libel Damages: $50,000

iii. Punitive Damages: $50,000

TOTAL: $180,000

b. Jesse Conner

i. Liberty Interest Damages: $89,000

ii. Libel Damages: $50,001

iii. Punitive Damages: $50,000

TOTAL: $189,001

c. Donald Koons

i. Liberty Interest Damages: $46,000

ii. Libel Damages: $50,000

iii. Punitive Damages: $50,000

TOTAL: $146,000

d. Nicholas Terrell

i. Liberty Interest Damages: $92,000

ii. Libel Damages: $50,000

iii. Punitive Damages: $50,000

TOTAL: $192,000

Plaintiffs are entitled to recover a total of $707,001 from Defendants Peck and Mitchell as detailed supra. Interest shall accrue at the post-judgment rate applicable on the date of judgment.

This Judgment Filed and Entered on November 30, 2020, with service via CM/ECF Notice of Electronic Filing on:

Samuel B. Potter, Attorney for Plaintiff

Bradley A. Coxe, Attorney for Plaintiff

Dan M. Hartzog, Attorney for Defendant

Norwood Blanchard, III, Attorney for Defendant

DATED: November 30, 2020

PETER A. MOORE, JR., CLERK

By: /s/ Lisa W. Lee

(Deputy Clerk)