Garcia v. Casey
| Decision Date | 12 February 2020 |
| Docket Number | Case No. 2:18-CV-02079-KOB, Case No. 2:19-CV-00114-KOB |
| Citation | 439 F.Supp.3d 1283 |
| Parties | Megan GARCIA, Plaintiff, v. Pamela CASEY, Scott Gilliland, Sue Ashworth, and Brian K. Ratliff, Defendants. Victor Revill, Plaintiff, v. Pamela Casey, Scott Gilliland, Sue Ashworth, and Brian K. Ratliff, Defendants. |
| Court | U.S. District Court — Northern District of Alabama |
Alan B Lasseter, Lasseter Law Firm, P.C., David Gespass, Gespass & Johnson, Birmingham, AL, for Plaintiff.
Mary A Goldthwaite, Office of the Attorney GeneraL, J Randall McNeill, Joshua Alan Willis, WEBB & ELEY PC, Montgomery, AL, for Defendant.
This matter comes before the court on Defendants Pamela Casey and Scott Gilliland's motions to dismiss. (Garcia Doc. 25; Revill Doc. 2).1
This consolidated action stems from the events of February 23, 2017. Plaintiffs Megan Garcia and Victor Revill, both lawyers, were representing a client, Lloyd Edwards, in state court to oppose a protection from abuse order sought by Mr. Edwards's wife. Mr. Edwards handed over two cell phones to Ms. Garcia that Plaintiffs believed may contain relevant information regarding the protection from abuse proceedings. Outside the courthouse steps, two Blount County sheriff deputies—Sue Ashworth and Brian K. Ratliff—presented a warrant to search Mr. Edwards. After the search, Deputy Ashworth demanded that Ms. Garcia hand over Mr. Edwards's two cell phones.
When Ms. Garcia refused, Deputy Ashworth called Ms. Casey, the Blount County District Attorney, who allegedly instructed Deputy Ashworth to arrest Ms. Garcia and Mr. Revill for obstructing a government investigation. Deputy Ashworth and Deputy Ratliff proceeded to handcuff and arrest Plaintiffs. While still outside the courthouse, Mr. Gilliland, a Blount County Assistant District Attorney, exited the courthouse and made a statement in front of onlookers that Plaintiffs were knowingly in possession of child pornography. A newspaper article published about three weeks later featured statements from Ms. Casey alleging that Plaintiffs possessed child pornography and manipulated the judicial system.
Ms. Garcia and Mr. Revill each filed separate cases against Ms. Casey, Mr. Gilliland, Deputy Ashworth, and Deputy Ratliff; the complaints alleged multiple counts, including malicious prosecution, unlawful detention, and defamation as well as violations of the Fourth and Fourteenth Amendments.
Ms. Casey and Mr. Gilliland jointly filed motions to dismiss in both cases.2 The motions are nearly identical, each raising similar immunity arguments to support dismissal. Specifically, in the motion to dismiss Mr. Revill's case, they raised absolute prosecutorial immunity, qualified immunity, and state-agent immunity. (Revill Doc. 2). In the motion to dismiss Ms. Garcia's case, they raised absolute prosecutorial immunity, qualified immunity, state-agent immunity, judicial or quasi-judicial immunity, and sovereign immunity. (Garcia Doc. 25). Both motions have been fully briefed and are ripe for review.
On July 1, 2019, this court consolidated the two cases because of the multiple common issues of law and fact. (Revill Doc. 26). So, the court will now consider both motions together because they both raise the same issues of immunity, with the exception of judicial or quasi-judicial immunity and sovereign immunity, which are only raised in Ms. Garcia's case.
On February 23, 2017, Ms. Garcia and Mr. Revill were representing their client, Mr. Edwards, in Blount County state court to oppose a protection-from-abuse order sought by Mr. Edwards's wife. Before the hearing, Mr. Edwards told his attorneys that he received explicit pictures and videos from his wife after she filed for protection from abuse. After the hearing, Mr. Edwards handed two cell phones, which were no longer in service, containing the pictures and videos to Ms. Garcia so she and Mr. Revill could retrieve the images and texts sent by Mr. Edwards's wife. Ms. Garcia put both phones in her satchel.
After Ms. Garcia, Mr. Revill, and Mr. Edwards left the courthouse, Sue Ashworth and Brian K. Ratliff, both Blount County deputy sheriffs, confronted Ms. Garcia, Mr. Revill, and Mr. Edwards with a warrant to search Mr. Edwards's person and vehicle. Mr. Revill reviewed the warrant, then instructed Mr. Edwards to consent to the search. After searching Mr. Edwards and his car, Deputy Ashworth demanded that Mr. Revill produce the two cell phones. Mr. Revill did not consent because the search warrant did not extend to Ms. Garcia or her satchel. Deputy Ashworth and Deputy Ratliff did not speak directly to Ms. Garcia.
Deputy Ashworth then told Mr. Revill that she would detain him and Ms. Garcia until she and Deputy Ratliff could "determine the next course of action." (Garcia Doc. 18 at 4). Deputy Ashworth then allegedly called Pamela Casey, the Blount County District Attorney, and/or Mr. Gilliland, a Blount County Assistant District Attorney. Deputy Ashworth explained that she saw Mr. Edwards hand the phones to his attorneys. After that phone call, Deputy Ashworth told Mr. Revill that "we either need the phone out of the satchel or we will have to detain you and get a search warrant to get the phone." (Id. ).
Deputy Ashworth then made another call, allegedly to Ms. Casey. Plaintiffs believe that Ms. Casey instructed Deputy Ashworth to arrest Ms. Garcia and Mr. Revill because immediately following the call, Deputy Ashworth and Deputy Ratliff arrested Plaintiffs for obstructing government operations. Mr. Revill did not consent to a search or seizure not authorized by a warrant. Neither Deputy Ashworth nor Deputy Ratliff addressed Ms. Garcia during the arrest, so although she did not offer to turn the satchel over, she also did not expressly refuse to turn over the phones.
After Plaintiffs were handcuffed, Mr. Gilliland walked out of the courthouse and said in front of several onlookers, (Garcia Doc. 18 at 5; Revill Doc. 1 at 7). Plaintiffs allege they were unaware of any child pornography; Mr. Edwards's wife merely claimed—without any corroboration—during the hearing that the phones contained child pornography.
Plaintiffs remained handcuffed outside the courthouse in public for approximately 30 minutes, while other individuals walked past. The incident was recorded on the body cam of a City of Oneonta police officer. The officer was asked to keep an eye on the two attorneys. At one point, during a discussion with another police officer, the two officers questioned Deputy Ashworth's actions because the search warrant did not include Ms. Garcia's satchel. The officer with the body cam noted that he did not want to get involved in the situation. (Revill Doc. 1 at 7).
Plaintiffs were then taken to Blount County Jail and booked. They remained in custody for approximately four hours, before being released after paying a $3,000 bond each. When released, they were informed that they were charged with obstruction of governmental operations and refusing to permit inspection.
In the application for the warrant justifying the arrests, Deputy Ashworth averred that she (Garcia Doc. 18 at 6). But the search warrant only stated that it was for Mr. Edwards's person and vehicle, making no mention of Plaintiffs or Ms. Garcia's satchel.
On March 17, 2017, Carol Robinson, a reporter for AL.com, published an article detailing the arrests. The article included quotes from Ms. Casey, in which Ms. Casey explained that "[w]ithin minutes of learning that their client was alleged to have used his cell phone to produce and/or view child pornography, Mr. Revill and Ms. Garcia took possession of their client's phones and attempted to conceal the phones from law enforcement." (Garcia Doc. 18 at 6). Ms. Casey called Plaintiffs' actions "not only illegal, but unethical." (Id. ). The article had been shared at least 235 times as of December 18, 2018.
On March 29, 2018, Robert Crocked and Anna Sparks, who were appointed as temporary district attorneys, prosecuted Plaintiffs for obstructing governmental operations, in violation of Alabama Code § 13A-10-2, and refusal to permit inspection, in violation of Alabama Code § 13A-10-3. Ms. Casey recused herself from the case and did not attend the proceedings, but allegedly helped prepare Mr. Edwards for the trial on or about March 16, 2018. At the close of the prosecution's case, the court granted Plaintiffs' motion for judgment of acquittal. Although recused, Ms. Casey stated that she would appeal the decision, but never did so.
On December 18, 2018, Ms. Garcia filed her suit against the four Defendants in their individual capacities. Her complaint alleged five counts: (1) unreasonable seizure against all Defendants, pursuant to § 1983; (2) defamation against Mr. Gilliland; (3) defamation against Ms. Casey; (4) malicious prosecution against all Defendants in violation of Alabama common law; and (5) malicious prosecution against Ms. Casey in violation of Alabama Rules of Professional Conduct 3.6 and 3.8(1)(a). (Garcia Doc. 18).
On January 18, 2019, Mr. Revill filed his suit against the four Defendants in their individual capacities. His complaint alleged 13 counts: (1) unlawful investigatory detention against Deputy Ashworth and Deputy Ratliff in violation of the Fourth and Fourteenth Amendments, pursuant to § 1983; (2) unlawful investigatory detention against Ms. Casey and Mr. Gilliland in violation of the Fourth and Fourteenth Amendments, pursuant to § 1983; (3) unlawful arrest against Deputy Ashworth and Deputy Ratliff in violation of the Fourth and Fourteenth Amendments, pursuant to § 1983; (4)...
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