Gantt v. Whitaker

• Decision Date: 26 February 2002
• Docket Number: No. 1:00-CV-00383.,1:00-CV-00383.
• Citation: 203 F.Supp.2d 503
• Court: U.S. District Court — Middle District of North Carolina
• Parties: Kenneth GANTT, Plaintiff, v. William Alan WHITAKER, Sheriff of Davie County, in his official capacity, William Lee Whitesides, in his individual and official capacities, The Cincinnati Insurance Company, as Surety, the County of Davie, Defendants.

203 F.Supp.2d 503

Kenneth GANTT, Plaintiff, v. William Alan WHITAKER, Sheriff of Davie County, in his official capacity, William Lee Whitesides, in his individual and official capacities, The Cincinnati Insurance Company, as Surety, the County of Davie, Defendants.

No. 1:00-CV-00383.

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

February 26, 2002.

COPYRIGHT MATERIAL OMITTED

Stephen Luke Largess, Ferguson, Stein, Wallas, Adkins, Gresham & Sumter, P.A., Charlotte, NC, for Plaintiff.

James Redfern Morgan, Jr., Robert Danny Mason, Jr., Womble, Carlyle, Sandridge & Rice, Winston-Salem, NC, Peter G. Pappas, Adams Kleemeier Hagan Hannah & Fouts, Greensboro, NC, for defendants.

MEMORANDUM OPINION

OSTEEN, District Judge.

This matter is before the court on Plaintiff's Motion for Partial Summary Judgment, Defendants' Motion for Summary Judgment, Defendants' Motion to Strike Copies of Newspaper Articles, Plaintiff's Motion for Leave to Depose Newspaper Reporter, and Plaintiff's Request for Disposition of Motions Regarding News Article or Motion to Allow Voluntary Dismissal.

For the reasons set forth herein, Defendants' Motion for Summary Judgment will be granted as to Plaintiff's § 1983 claims. Plaintiff's Motion for Partial Summary Judgment will be denied. Defendants' Motion to Strike will be granted. All remaining motions will be denied.

I. PROCEDURAL HISTORY

Plaintiff Kenneth Gantt filed this action on April 17, 2000, asserting claims under 42 U.S.C. § 1983 and North Carolina law for malicious prosecution and trespass by a public officer (false arrest) against the Sheriff of Davie County, William Whitaker ("Whitaker"), Deputy Sheriff William Whitesides ("Whitesides"), Davie County, and the Cincinnati Insurance Company ("Cincinnati"). Plaintiff's § 1983 claims are asserted against Whitaker and Whitesides in their official capacities and Whitesides in his individual capacity. Plaintiff's state law malicious prosecution and false arrest claims name Whitesides in both his official and individual capacity. Davie County is sued under the doctrine of respondeat superior for the acts of Whitaker and Whitesides. Cincinnati is sued as the issuer of the Sheriff's surety bond.

Plaintiff's suit arises out of his arrest by Whitesides on April 9, 1999, on charges of impersonating a law enforcement officer, selling alarms without a license, and obtaining property under false pretenses. Plaintiff alleges that he was arrested without probable cause and with malice on the part of Defendants. Defendants respond that Plaintiff was arrested pursuant to a valid warrant signed by a magistrate upon an independent finding of probable cause, and that Plaintiff's federal and state law claims for malicious prosecution and false arrest are thus without merit. For the reasons discussed herein, Defendants' motion will be granted as to Plaintiff's § 1983 claims; the court consequently will decline to exercise jurisdiction over Plaintiff's state law claims.

II. FACTUAL BACKGROUND

On April 9, 1999, the Davie County Sheriff's Office received several calls from citizens reporting that an individual impersonating a law enforcement officer was attempting to sell alarm systems door-to-door in the Joe Road/Highway 64 East area of Davie County. (Whitaker Dep. at 21.) One anonymous caller reported that a black male, possibly driving a black Chevy Blazer, had been telling elderly citizens he worked for the Sheriff's Office and had offered them self-defense lessons. (Brown Dep. at 16-17.) In response to these calls, Deputy Sheriff Mitchell Brown was dispatched to the vicinity that afternoon but did not find any vehicle or person fitting the description. (Id. at 53-54.)

That night, a local television station included a story in its 11 o'clock newscast about the reports of a black male impersonating an officer and selling alarms. Shortly thereafter, the Sheriff's Office received two additional calls from local residents, Mr. Paul Johnson and Mrs. Jo Anne Allen, who reported that they too had been visited by a man attempting to sell them alarm systems.¹ Deputy Brown was dispatched to investigate the call from Mr. Johnson. Mr. Johnson, who was elderly, told Deputy Brown that a black man who identified himself as Mr. Gantt had driven into his yard earlier that day, exchanged pleasantries, and offered to sell him an alarm system. Mr. Johnson informed the man that he was not interested in buying the system, after which Mr. Gantt gave him a business flyer and left in a blue minivan. (Brown Dep. at 17-18; Johnson Dep. at 12.)

After speaking with Mr. Johnson, Deputy Brown prepared an incident report describing both the anonymous call from earlier in the day and his conversation with Mr. Johnson. In the space on the report reserved for a description of how the crime was committed, Deputy Brown wrote, "By possibly representing self as law enforcement officer to sell alarm systems." (Brown Dep. Ex. 1, at 10.)

The second call received following the newscast, from Mrs. Jo Anne Allen, was investigated by Sergeant Diggs. Mrs. Allen and her husband told Sgt. Diggs that a black man named Mr. Gantt had come to their residence, told them he worked with the Sheriff's Office or the police department, and offered to sell them an alarm system. Mr. Gantt was carrying a black briefcase-type bag with a gold star emblem on it. With the Allens' permission, Mr. Gantt entered their home and demonstrated his alarm system. Mr. Allen asked Mr. Gantt if he had a business card, but Mr. Gantt never produced one. Eventually, the Allens decided to buy the system and gave Mr. Gantt a $20 deposit toward the purchase price. Mr. Gantt gave the Allens a receipt and told them he would be back the following Wednesday to install their system. He then left the premises in a blue minivan. (Diggs Dep. at 25-25; J. Allen Dep. at 9-10.)

Sgt. Diggs, after getting a physical description of Mr. Gantt and taking the Allens' receipt, completed an incident report using the information he had gathered. In the space reserved for how the crime was committed, Sgt. Diggs wrote that the suspect stated he worked for the "S.O." (Sheriff's Office). (Brown Dep. Ex. 1, at 8.)

The morning after the newscast, April 9, 1999, Officer William Whitesides reported for duty and attended the shift meeting at which officers working the night shift relayed information to the next shift's officers. Whitesides learned that the Sheriff's Office was looking for a black male who was suspected of impersonating a law enforcement officer to sell alarm systems and/or self-defense lessons. Whitesides and the other officers were informed that the suspect's name might be Mr. Gantt. (Whitesides Dep. at 14-16.)

Later that morning, around 11:00 A.M., the Sheriff's Office received a call from the Mocksville Police Department reporting that an individual was there who wanted to speak to someone from the Sheriff's Office about the reports of impersonating a law enforcement officer. Whitesides was dispatched to the Mocksville Police Department to investigate and, upon arrival, met Plaintiff, a black male who identified himself as Kenneth Gantt. Plaintiff explained to Whitesides that he had seen the TV newscast the night before, believed the reports were about him, and had come to the police department to clear his name. At Whitesides' request, Plaintiff followed Whitesides back to the Sheriff's Office in his own vehicle to investigate the matter. (Id. at 17-19.)

Upon arrival at the Sheriff's Office, Plaintiff asked to speak to Sheriff Whitaker. Whitaker came out into the hallway to talk to Plaintiff, while Whitesides went to review the incident reports filed the day before concerning the individual suspected of impersonating an officer. (Id. at 19-22.) After reviewing the reports, Whitesides asked Plaintiff whether he sold alarms and, if so, whether he had a license to do so. Plaintiff replied that he did sell alarms but that he did not need a license. (Id. at 23.) Whitesides then asked Plaintiff if he had a briefcase with a gold star emblem on it. Plaintiff replied that he did and retrieved the briefcase from his vehicle for Whitesides' inspection. Whitesides noted that the briefcase had a large gold star Sheriff's Association emblem on the side. (Id. at 25.) Inside the briefcase were a demonstration kit for a home alarm system and several receipts, including one signed by Mr. and Mrs. Allen. (Id. at 30, 32; Brown Dep. Ex. 1, at 16-17.)

At this time, Whitesides went to discuss the situation with Sheriff Whitaker. The Sheriff advised Whitesides to call the district attorney's office to see if they had a case against Plaintiff. If the district attorney's office believed the elements of a crime had been met, the Sheriff told Whitesides, he was then to present the information to a magistrate to determine if an arrest warrant should be issued. (Whitaker Dep. at 23-24.)

Whitesides called the district attorney's office and spoke with Assistant District Attorney Douglas Vreeland, relating the information he had regarding the case. (Id. at 34-37.) After discussing the case with Whitesides, it was apparent to Mr. Vreeland that the facts supported probable cause to arrest Plaintiff on several charges. According to Mr. Vreeland, the facts fit the elements of impersonating an officer. Furthermore, Mr. Vreeland indicated that probable cause might also exist for the offenses of selling alarms without a license in violation of N.C. Gen.Stat. § 4D-2 and obtaining property by false pretenses. (Vreeland Dep. at 28-33, 46-49.)

After his conversation with Mr. Vreeland, Whitesides presented the facts to Magistrate Ellen Drechsler. (Whitesides Dep. at 37-39.) Ms. Drechsler researched the statutes governing the offenses of obtaining property by false pretenses, selling alarms without a license, and impersonating an officer. Finding that the facts supported each of the elements of these offenses, the magistrate found that probable cause existed for...