Gray v. City of Eufaula

• Citation: 31 F.Supp.2d 957
• Decision Date: 20 October 1998
• Docket Number: Civil Action No. 97-D-413-N.
• Parties: Ivan Keith GRAY, et al., Plaintiffs, v. CITY OF EUFAULA, Alabama et al., Defendants.
• Court: United States District Courts. 11th Circuit. Middle District of Alabama

31 F.Supp.2d 957

Ivan Keith GRAY, et al., Plaintiffs, v. CITY OF EUFAULA, Alabama et al., Defendants.

Civil Action No. 97-D-413-N.

United States District Court, M.D. Alabama, Northern Division.

October 20, 1998.

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James W. Parkman, III, Dothan, AL, for Plaintiffs.

William F. Patty, Montgomery, AL, Roderick K. Nelson, Birmingham, AL, for Defendants.

MEMORANDUM OPINION AND ORDER

DEMENT, District Judge.

Before the court is Defendants' City of Eufaula ("Def. Eufaula") and Dalton Francis' ("Def. Francis") Motion for Summary Judgment ("Def.s' Mot."), filed on September 3, 1998. Plaintiffs filed a Response ("Pl.s' Resp.") on October 7, 1998. After careful consideration of the arguments of counsel, the relevant law, and the record as a whole, the court finds that the Defendants' Motion for Summary Judgment is due to be granted.

JURISDICTION

The court properly exercises subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1331. The Parties do not contest personal jurisdiction or venue.

SUMMARY JUDGMENT STANDARD

On a motion for summary judgment, the court is to construe the evidence and factual inferences arising therefrom in the light most favorable to the nonmoving party. See Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970). Summary judgment can be entered on a claim only if it is shown "that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). As the Supreme Court has explained the summary judgment standard:

[T]he plain language of Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial. In such a situation, there can be no genuine issue as to any material fact, since the complete failure of proof concerning an essential element of the non-moving party's case necessarily renders all other facts immaterial.

Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

The trial court's function at this juncture is not "to weigh the evidence and determine the truth of the matter but to determine whether there is a genuine issue for trial." See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (citations omitted). A dispute about a material fact is genuine if the evidence is such that a reasonable jury could return a verdict for the nonmoving party. Anderson, 477 U.S. at 248, 106 S.Ct. 2505; see also Barfield v. Brierton, 883 F.2d 923, 933 (11th Cir.1989).

The party seeking summary judgment has the initial burden of informing the court of the basis for the motion and of establishing, based on relevant "portions of `the pleadings, depositions, answers to interrogatories, and admissions in the file, together with affidavits, if any,'" that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. Celotex, 477 U.S. at 323, 106 S.Ct. 2548. Once this initial demonstration under Rule 56(c) is made, the burden of production, not persuasion, shifts to the nonmoving party. The nonmoving party must "go beyond the pleadings and by [his or her] own affidavits, or by the `depositions, answers to interrogatories, and admissions on file,' designate `specific facts showing that there is a genuine issue for trial.'" Celotex, 477 U.S. at 324, 106 S.Ct. 2548; see also Fed.R.Civ.P. 56(e).

In meeting this burden the nonmoving party "must do more than simply show that there is a metaphysical doubt as to the material facts." Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). That party must demonstrate that there is a "genuine issue for trial." Fed.R.Civ.P. 56(c); Matsushita, 475 U.S. at 587, 106 S.Ct. 1348; see also Anderson, 477 U.S. at 249, 106 S.Ct. 2505.

FACTUAL BACKGROUND

At the time of the incident giving rise to the instant lawsuit, Plaintiff Ivan Gray ("Gray") was employed as a law enforcement officer for the City of Dothan Police Department. (Gray's Dep. at 6.) Plaintiff Frankie Peterman ("Peterman") was employed as a law enforcement officer for the City of Ozark on September 5, 1995, but was previously employed by Defendant Eufaula as a police officer. (Peterman's Dep. at 6, 36-37.)

On September 5, 1995, both of the Plaintiffs were off duty and were riding together in Gray's corvette in downtown Eufaula. (Gray's Dep. at 76; Peterman's Dep. at 64.) Peterman spotted Defendant Francis, who was employed by Defendant Eufaula as a police officer and on duty at the time of the incident. (Gray's Dep. at 76; Peterman's Dep. at 65.) Francis was talking with a woman named Julie Parr, now known as Julie Harrison Wallace ("Ms.Wallace"). (Id.; Def.s' Mot. at 2.)

According to the Plaintiffs, Peterman recognized Francis, as they previously had worked together as officers for the City of Eufaula. (Peterman's Dep. at 65.) From approximately ten to fifteen feet away, Peterman waved at Francis and yelled out the window of the corvette, "Hey copper, Hey copper."¹ Plaintiffs' proceeding driving away from Defendant Francis after they yelled.

Francis excused himself from Ms. Wallace, proceeded to his patrol car, radioed in a request for backup, and pursued the Plaintiffs. (Francis' Dep. at 52.) Francis had not recognized Peterman (Gray's Dep. at 77; Francis' Dep. at 53), and thus, he turned on his blue lights and motioned for the Plaintiffs to pull their car over to the side of the road. (Gray's Dep. at 77; Peterman's Dep. at 65.) Plaintiffs did not immediately stop their vehicle because they were surprised that Francis was motioning to them. (Id.) Thus, Francis again motioned for the Plaintiffs to pull over. (Id.) Gray made a right turn and stopped his vehicle. (Id.)

After making the stop, Francis ordered the Plaintiffs to put their hands out of the car. (Id.) Instead of complying with Francis' request, Gray asked Peterman if Francis was kidding. (Grey's Dep. at 77.) Francis again ordered the Plaintiffs to put their hands out of the car. (Id.) The Plaintiffs complied with this request and Francis "grabbed [Gray's] left wrist and twisted it backwards and started pulling [his] arm back to the back of the car, where the pit of [his] arm hit the back of [the] body of [the] car." (Gray's Dep. at 78.)

Gray identified himself as a police officer and asked Francis why he was being stopped. (Id.) Francis replied to Gray that he was being stopped for disorderly conduct and then ordered Gray to step out of the car. (Id.; Francis' Dep. at 61, 64-65.) Gray complied with Francis' command and Francis kept Gray's arm twisted behind his back. (Gray's Dep. at 78; Peterman's Dep. at 67.)

Next, Francis ordered Peterman to get out of the car and Peterman complied. (Id.) Peterman said "Francis, what is the problem?" and Francis let go of Gray's arm and walked over to Peterman. (Peterman's Dep. at 67.) Francis then grabbed Peterman by his left arm, twisted it, put it behind his back, and shoved him up against the car. (Id.) About this time, two or three patrol cars arrived, and the incoming officers got out of their cars smiling because they recognized Peterman. (Id.) Their arrival caused Francis to look at Peterman closely and then release Peterman's arm because he finally recognized him. (Id.) All parties left the scene later and went their separate ways, including Gray, Peterman, and Francis. (Francis' Dep. at 76.) The entire sequence of events occurred in a very compressed time frame, which was approximately five minutes. (Francis' Dep. at 72; Def.s' Ex. 6 at 3.)²

Francis never arrested Gray or Peterman or filed any charges against them. (Gray's Dep. at 110.) Francis never handcuffed either Plaintiff or stated that they were under arrest. (Id. at 116; Francis' Dep. at 116.) Francis never drew his gun or baton. (Francis' Dep. at 64.)

Gray stated that he suffered pain from the incident, but the pain subsided and he has no permanent physical injury. (Gray's Dep. at 101.) Furthermore, Gray has not received any medical treatment. (Id.) Peterman stated that he has pain in his left shoulder due to the incident, but he has never sought medical treatment nor missed any work due to the injury. (Peterman's Dep. at 117.) Peterman has also worked out with weights since the incident. (Id. at 118.)

On March 24, 1997, Plaintiffs filed a two count Complaint against the City of Eufaula and against Officer Francis in both his individual and official capacity. Count I of the complaint is brought pursuant to 42 U.S.C. § 1983 and alleges that the Plaintiffs were falsely arrested in violation of the Fourth and Fourteenth Amendments. In Count II, Plaintiffs allege an assault and battery claim in violation of 42 U.S.C. § 1985.³ Defendants have filed a Motion for Summary Judgment⁴ and request that the court dismiss both counts of Plaintiffs' Complaint. The court will separately address the Defendants' arguments for each of Plaintiffs' claims.

DISCUSSION

Plaintiffs' Section 1983 Claim Against Defendant Francis in His Individual Capacity

Section 1983 of Title 42 of the United States Code creates a private right of action for damages and injunctive relief against individuals and governmental bodies whose conduct under the color of state or local law deprives a plaintiff of rights, privileges, or immunities secured by the United States Constitution or federal statutes. 42 U.S.C. § 1983. In Count I of their complaint, Plaintiffs allege that they are entitled to recovery under 42 U.S.C. § 1983 against Defendant Francis in his individual capacity because he allegedly deprived them of their constitutional rights. Specifically, Plaintiffs argue that Defendant Francis violated...