Cranford v. Kluttz

• Citation: 278 F.Supp.3d 848
• Decision Date: 30 September 2017
• Docket Number: 1:15CV987
• Court: U.S. District Court — Middle District of North Carolina
• Parties: Brian D. CRANFORD, Plaintiff, v. Eddie KLUTTZ and Reese Helms, Defendants.

278 F.Supp.3d 848

Brian D. CRANFORD, Plaintiff,

v.Eddie KLUTTZ and Reese Helms, Defendants.

1:15CV987

United States District Court, M.D. North Carolina.

Signed September 30, 2017

Frederick H. Nelson, The Law Offices of Frederick H. Nelson, P.A., David J. Markese, Orlando, FL, Jeff T. Schrameck, Schrameck Law, P.L.L.C., Plymouth, MI, Philip J. Clarke, III, Philip J. Clarke, III Attorney at Law, Morehead, NC, for Plaintiff.

Patrick Houghton Flanagan, Stephanie H. Webster, Cranfill Sumner & Hartzog LLP, Charlotte, NC, for Defendants.

MEMORANDUM OPINION AND ORDER

OSTEEN, JR., District Judge

This matter comes before the court on the parties' cross-motions for summary judgment. Defendants Eddie Kluttz ("Defendant Kluttz") and Reese Helms ("Defendant Helms") have moved for summary judgment (Doc. 22), to which Plaintiff Brian Cranford has responded (Doc. 31), and Defendants have replied (Doc. 36). Plaintiff has also moved for summary judgment (Doc. 25), to which Defendants have responded (Doc. 34), and Plaintiff has replied (Doc. 37). This matter is now ripe for resolution. For the reasons stated herein, this court will grant Defendants' motion. Plaintiff's motion will be denied.

I. BACKGROUND

A. Facts and Procedural Background

i. Background

The majority of the facts in this case are relatively undisputed, as a large part of the activities at issue were either videotaped or audiotaped. Two significant factual disputes are present. The first factual dispute arises from the question of whether Plaintiff's preaching involved a general admonishment to the crowd as a whole when Plaintiff used the terms "tramps, whores, and prostitutes" or whether Plaintiff directed those comments to a specific individual in the crowd. The second dispute relates to the legal effect of Plaintiff's conviction in state district court of the offense of Disorderly Conduct in violation of N.C. Gen. Stat. § 14–288.4 ; the conviction was followed by an acquittal of that offense in state superior court. While the parties suggest different interpretations of the evidence of the actions of Plaintiff, the principle issue is whether Plaintiff has presented evidence sufficient to create a material issue of fact as to whether the conviction in state district court was obtained by fraud or unfair means. This court finds there are sufficient undisputed facts to render summary judgment determination appropriate.

In his own words, Plaintiff is a "Christian[ ] that take[s] a Bible out on the street and just preach[es]," which some call "street preaching." (Pl.'s Br. in Supp. of Mot. for Summ. J. ("Pl.'s Br."), Ex. 1, Excerpts from Dep. of Brian Douglas Cranford ("Pl.'s Dep.") (Doc. 26–2) at 3.)¹ According to Plaintiff, he engages in street preaching "almost every afternoon," usually focusing on "local towns" or "surrounding towns" and that "then on the weekends, [he] usually travel[s]." (Id.)

On July 20, 2013, the Town of China Grove, North Carolina, held its annual "Farmers Day Festival" ("Festival") and Plaintiff decided to preach during the festival. (Pl.'s Br., Ex. 4, Pl.'s Resp. to Defs.' First Set of Interrogs. (Doc. 26–5) at 3–4.) Plaintiff alleges that, when he arrived at the Festival, he received a "sheet of paper" or "ordinance" detailing "festival rules." (Pl.'s Dep. (Doc. 26–2) at 9.) In his deposition, Plaintiff explained that "[i]f you want to pass out literature or to speak on anything open, you had to have a booth. You had to be a vendor." (Id. ) Plaintiff did not elect to proceed as a "vendor," instead choosing to stand "outside of the barricade" to preach. (Id. at 10.) Plaintiff preached for over an hour before he was arrested.

While preaching at the Festival, Plaintiff wore an audio recording device under his shirt. (Id. at 7–8.) One of Plaintiff's colleagues also filmed a video of some of the events that transpired on July 20, 2013. (Id. at 11.)

ii. Audio Recording

Plaintiff began preaching at the 6:55 mark² of the audio recording. (Defs.' Mem. of Law in Supp. of Defs.' Mot. for Summ. J. as to All Claims ("Defs.' Br.") (Doc. 23), Ex. 7, Audio recording filed manually (Audio Disc) at 6:55.) At the 10:53 mark, Defendant Helms asked to talk to Plaintiff before informing Plaintiff that "you're more than welcome to be here, okay, but to be here, you have to purchase a booth." (Id. at 11:00–11:05.) Upon Plaintiff's resistance, Defendant Helms read, from what he later described as the "rules and regulations for Farmers Day," the following:

Any person or group wishing to hand out materials or provide information to the public must register with the town of China Grove for a booth within the festival area. No person or group will be allowed inside the festival area to approach visitors with material, verbal, printed or otherwise, unless they register with the town of China Grove.

(Id. at 15:29–15:47.) Following an argument with Defendant Helms and another bystander regarding his First Amendment rights in which Defendant Helms told Plaintiff that if he did not move to the other side of the barricade he would be arrested, Plaintiff moved outside the barricade marking Festival grounds and resumed preaching. (Id. at 20:48.)

During the time period between Plaintiff moving to the other side of the barricade and the span for which video footage exists, Plaintiff preached and interacted with festival attendees. (See id.) At multiple points, Plaintiff expressed a continued willingness to enter the barricade and an expectancy to "go to jail" as a result. (Id. at 26:56, 27:30, 28:40, 32:35, 38:30.) At the 32:16 point, Plaintiff told a festivalgoer that "there's video cameras all over [Defendants] right now." (Id. ) Plaintiff also expressed that he was "fixin' to cross the line here in a minute." (Id. at 32:27.)

Around the 45:28 mark, following a contentious exchange with a specific festivalgoer, Defendant Helms approached Plaintiff and said, "You're not gonna be disrespectful." (Id. ) Plaintiff responded, "Loud mouth rebellious ladies like this, she needs to keep her mouth quiet." (Id. at 46:06–46:15.) Defendant Helms responded, "I'm gonna ask you one more time—don't start causing issue with the people. You can preach, but that has nothing to do with talking about people." (Id. at 46:15–46:30.) Plaintiff then called the police officers "wicked," said Defendant Helms was "digging a hole deeper for hisself and deeper for hisself," and said to Defendant Helms, "You're wicked as hell, you're gonna be on your way to hell, officer." (Id. at 47:58–48:07.) Plaintiff later called Defendant Helms "a sinner" and "wretched." (Id. at 1:03:45.)

Plaintiff continued to accost individual festivalgoers. (Id. at 57:58.) Plaintiff also said, "See I know most of you people, you'd love nothing more to come punch a preacher in his face. Oh, but you're not gonna do anything." (Id. at 58:54.)

The exchange leading to Plaintiff's arrest occurs from 1:08:09 to 1:09:35. Plaintiff begins:

Oh, God's gonna judge you, wicked sinner—I'm talking to you. All you ladies need to learn how to put on some clothes, too. I'm talkin' to her. I'm talkin' to your family members. And all of those ladies over there. The Bible says that a woman should dress modestly. See a lot of ladies out here dressed like tramps and whores and prostitutes today. The Bible says you dress modestly. Today all you ladies who's dressed half-nekkid out here.

(Id. ) Defendant Helms interrupted him, "Sir, you cannot call people whores and prostitutes." Plaintiff immediately responded, "The Bible says it calls ‘em whores and prostitutes." (Id. ) Defendant Helms said, "If you say that one more time, I'ma place you under arrest" and Plaintiff again immediately responded, "You can't be whores and prostitutes, you can't be." (Id. )

iii. Video Recording

The video generally shows Plaintiff from behind, as it appears the videographer was standing some distance behind Plaintiff. The video shows Defendant Helms standing away and to the front of Plaintiff, inside the barricade and beside a car. At various times, as the camera pans from side to side, it appears that one or more police officers may be standing to Plaintiff's left, off the street and on the corner, several feet away from Plaintiff.

During much of the time Plaintiff was preaching, he was forceful but did not appear to cause any fear in bystanders. An older woman using a walker walked past Plaintiff and appeared to pay him no attention. (Defs.' Br. (Doc. 23), Ex. 5, videotaped recording filed manually (Video Disc) at 01:55.) A young woman walked by and appeared to giggle after she passed him. (Id. at 2:36.) However, in the preaching preceding Plaintiff's arrest, his rhetoric, motions, and mannerisms could be construed to be more directed toward those standing and watching. Nevertheless, even assuming there to be issues of fact as to the events preceding Plaintiff's arrest, it does appear something occurred immediately preceding Plaintiff's arrest causing officers to respond.

In the video, 14:42 marks the point where Plaintiff said, "Oh, God's gonna judge you, wicked sinner." (Id. at 14:42.) As he said that phrase, Plaintiff extended his right arm parallel to the ground and pointed using his index finger in the direction of a group of people inside the Festival. (Id. ) Plaintiff raised his finger and pointed again as he said "talkin' to her" at the 14:50 mark. (Id. ) Plaintiff then said "talkin' to your family." (Id. at 14:51.) Plaintiff then pointed again with his left arm and index finger in the same general direction as he said, "And all of those ladies over there ... the Bible says that a woman should dress modestly." (Id. at 14:54–14:49.) One second later in the video, beginning at 14:50, Plaintiff continued, "see a lot of ladies out here dressin' like tramps and whores and prostitutes."

At this point, Defendant Helms's daughter and wife turned and spoke to him. (Id. at 15:07.) Defendant Helms then spoke into his radio briefly before approaching Plaintiff. (Id. at 15:25.) When Defendant Helms...