L.S.T., Inc. v. Crow, No. 93-3361

• Court: United States Courts of Appeals. United States Court of Appeals (11th Circuit)
• Writing for the Court: Before TJOFLAT, Chief Judge, BIRCH, Circuit Judge, and HENDERSON; PER CURIAM
• Citation: 49 F.3d 679
• Decision Date: 06 April 1995
• Docket Number: No. 93-3361
• Parties: L.S.T., INC., individually dba Kokomo, Harvey Adams, Steven Adams, James Miller, Mark Morris, et al., Plaintiffs-Appellees, v. Lawrence CROW, individually and in his official capacity as sheriff of Polk County, Florida, Wayne Cross, individually and as a Polk County Deputy Sheriff, Grady Judd, individually and as a Polk County Deputy Sheriff, William Haynes, individually and as a Polk County Deputy Sheriff, Rick Dobson, individually and as a Polk County Deputy Sheriff, et al., Defendants-Appellants.

Page 679

49 F.3d 679 L.S.T., INC., individually dba Kokomo, Harvey Adams, Steven
Adams, James Miller, Mark Morris, et al.,
Plaintiffs-Appellees,
v.
Lawrence CROW, individually and in his official capacity as
sheriff of Polk County, Florida, Wayne Cross, individually
and as a Polk County Deputy Sheriff, Grady Judd,
individually and as a Polk County Deputy Sheriff, William
Haynes, individually and as a Polk County Deputy Sheriff,
Rick Dobson, individually and as a Polk County Deputy
Sheriff, et al., Defendants-Appellants. No. 93-3361. United States Court of Appeals,
Eleventh Circuit. April 6, 1995.

Page 680

Mitchell D. Franks, Donald G. Jacobsen, Edwin A. Scales, Lane, Trohn, Clarke, Bertrand, Vreeland & Jacobsen, P.A., Lakeland, FL, for Lawrence Crow, et al.

Lawrence D. Shearer, Lakeland, FL, for William Haynes.

Richard D. Mars, Mars & Masters, Bartow, FL, for appellees.

Ellen Sly Masters, P.A., Lakeland, FL, for Harvey A. Adams and Steven Adams.

Appeal from the United States District Court for the Middle District of Florida.

Page 681

Before TJOFLAT, Chief Judge, BIRCH, Circuit Judge, and HENDERSON, Senior Circuit Judge.

PER CURIAM:

This appeal grows out of an action for money damages filed pursuant to the provisions of 42 U.S.C. Sec. 1983, ¹ and also includes various pendent state law causes of action. The defendants seek review of an order entered in the United States District Court for the Middle District of Florida denying their motion for summary judgment founded upon qualified immunity, 834 F.Supp. 1355. For the reasons stated below, we reverse.

I. BACKGROUND

During the early morning hours of April 15, 1990, the Polk County Sheriff's Department received several 911 calls concerning a disturbance at Kokomo's, a nightclub located in Lakeland, Florida. The callers reported that a fight was taking place in the parking lot and that a patron was being held at the club against his will and possibly assaulted by certain persons in the building. Several deputies were dispatched to investigate. Upon arriving at the establishment, they learned that James Crowder, a customer, had been forcibly detained in an office inside Kokomo's and had been subjected to physical violence. Crowder indicated that he wished to press charges against those responsible. After he identified those whom he contended were involved, Steven Adams, Mark Morris, James Miller, Royce Upthegrove, Gary Hysell and Michael Hadden were taken into custody and transported to the Sheriff's substation for further questioning. Charges were eventually preferred against all of the suspects except Hadden, but were later either "no-billed" by the prosecuting attorney or dismissed for failure to prosecute within the time required by Florida's speedy trial provisions, Fla.R.Crim.P. 3.191. ²

On May 6, 1990 at 2:00 a.m., Polk County deputies were again present at Kokomo's, this time to ensure that alcoholic beverages were not being served after hours. As the officers were leaving, Steven Adams, the club's manager, yelled obscenities at them through the sound system and attempted to incite others gathered in the bar. Adams was thereafter placed under arrest. A short time later, Deputy William Haynes arrived on the scene and was directed by a superior officer to clear the parking lot. When Vincent Galvez refused Haynes' third request to leave the area in an effort to restore some semblance of order, Haynes arrested him for resisting an officer in the execution of his lawful duties. Haynes then escorted Galvez to a patrol car. As he turned Galvez toward the vehicle to position him for handcuffing, Galvez fell against the fender and then the trunk of the car and slid to the pavement. He was subsequently transported to the Polk County Jail. Later, the State's Attorney declined to prosecute and the charge against Galvez was dropped.

On November 30, 1990, those who were arrested on April 15 and May 6 filed this lawsuit against the deputies directly involved as well as Lawrence Crow, the Sheriff of Polk County. In addition to those arrested, Harvey Adams, the alleged owner and L.S.T., Inc., the purported corporate operator of Kokomo's, were named as plaintiffs. Count one of the thirteen-count complaint alleged that the defendants and other unidentified Polk County deputies had, on unspecified dates, engaged in a course of intimidating conduct at the nightclub which included checking customers' identification, searching employees, patrons and the premises

Page 682

without probable cause, arresting employees and visitors without justification, issuing traffic tickets, blocking the entrances and exits of the establishment and creating public disturbances, all of which eventually caused the club to go out of business. According to the complaint these actions violated the plaintiffs' right to be free from illegal searches and seizures and deprived them of profits from the operation of the bar and their right to assemble. Count two asserted that the foregoing conduct was the result of a policy, custom or practice promulgated by Sheriff Crow. Count three alleged a conspiracy between Sheriff Crow and the deputy defendants to deprive the plaintiffs of their civil rights. Counts four through eleven raised state law claims for false imprisonment, malicious prosecution and battery arising out of the events that occurred on April 15 and May 6. In addition, counts twelve and thirteen concerned charges made only by L.S.T., Inc., Harvey Adams and Steven Adams for the state law causes of action of tortious interference with business and defamation.

After the suit was filed, the court issued an "Order Scheduling Preliminary Pretrial Conference and Directing Answers to Standard Interrogatories." These questions required the plaintiffs to state with particularity the conduct committed by the defendants for which relief was sought. For the most part, however, the plaintiffs' responses ³ merely reiterated the same general allegations set forth in count one of the complaint. The only specific conduct attributed to the named defendants was that surrounding the arrests of the various plaintiffs on April 15 and May 6. Later, the district court denied the defendants' motion for a more definite statement reasoning that, although counts one through three contained only imprecise charges, counts four through eleven of the complaint were sufficient to notify the defendants of the dates and times of their alleged wrongdoing. Even though the court denied the motion for a more definite statement, it ordered the plaintiffs to amend count three of the complaint alleging conspiracy because it failed to meet the pleading requirements for stating a claim imposed by 42 U.S.C. Sec. 1985. ⁴

On June 30, 1993, the defendants filed motions to dismiss or in the alternative for summary judgment asserting numerous grounds for dismissal, including the allegation that they were immune from an assessment of Sec. 1983 damages by virtue of qualified immunity. ⁵ In an order filed October 5, 1993, the district court granted partial summary judgment to the defendants on count two of the complaint because the plaintiffs failed to raise a genuine issue of fact with respect to the existence of an illegal policy, custom or practice. It dismissed count three because the plaintiffs failed to amend it as previously directed. In addition, the court dismissed for lack of standing such Sec. 1983 claims that may have been asserted on behalf of L.S.T., Inc. ⁶ The court determined further

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that the plaintiffs failed to state a cognizable Sec. 1983 claim in count one relating to the right of assembly. For reasons not clear to us, the court construed the defendants' qualified immunity defense as directed solely to the state law claims raised in counts four through eleven of the complaint ⁷ and denied it because such a defense has relevance only to the alleged denial of a federal right. This appeal concerns only the district court's implicit denial of the defense as it applies to count one of the complaint.

II. DISCUSSION

Although a final order has not been entered in this case, this court has jurisdiction to review the district court's denial of the motion for summary judgment grounded on...