Mattox v. City of Beaufort
Decision Date | 29 June 2015 |
Docket Number | C/A No. 9:14-CV-00384-DCN-MGB |
Court | U.S. District Court — District of South Carolina |
Parties | MICHELLE MATTOX, PLAINTIFF, v. CITY OF BEAUFORT, JOSH DOWLING, TRISHA GUTTERSON, DEFENDANTS. |
The Plaintiff brings this action under Title 42, United States Code, Section 1983 and under South Carolina state law. The Plaintiff's Amended Complaint contains causes of action for False Arrest/False Imprisonment, Gross Negligence, Slander/Libel Per Se, Abuse of Process, Malicious Prosecution, and Civil Rights Violations 42 U.S.C. Sections 1983 and 1988. (Dkt. No. 10.) This matter is before the court on Defendant's Motion for Summary Judgment. (Dkt. No. 29.) Under Local Civil Rule 73.02(B)(2) of the United States District Court for the District of South Carolina, pretrial proceedings in this action have been referred to the assigned United States Magistrate Judge.
The Plaintiff brought this action on or about January 14, 2014, in the Beaufort County Court of Common Pleas, and the Defendants removed the case to federal court on February 13, 2014. (Dkt. No. 1.) The Plaintiff filed her Amended Complaint, with leave of the court, on March 6, 2014, and the Defendants answered on March 17, 2014. (Dkt. Nos. 10, 11.) The Defendants filed their Motion for Summary Judgment and Memorandum in Support ("Memorandum") on December 15, 2014. (Dkt. No. 29.) The Plaintiff responded on January 14, 2015, and the Defendants replied on January 26, 2015. (Dkt. Nos. 36, 39.)
Defendants Dowling and Gutterson were officers with the City of Beaufort Police Department at all times relevant in the Amended Complaint. (Dkt. Nos. 29-2, 29-7.) Defendants Dowling and Gutterson were participating in a Drug Enforcement Agency ("DEA") drug investigation involving Kimberly Filbert in 2012. (Id.) On May 29, 2012 Kimberly Filbert was arrested on six counts of forgery unrelated to the drug investigation and held in the Beaufort County Detention Center (BCDC). (Dkt. 36 at 1.) Filbert is the Plaintiff's daughter and had a child, who is deceased, with the victim of the forgeries, Joe Estrada. (Dkt. No. 36-1.) The total amount of the forged checks was approximately $125.00. (Id.) Defendants Dowling and Gutterson requested a high bond on the forgery charges and bond was set at $60,000. (Id.)
Following Filbert's arrest, Defendants Dowling and Gutterson sought to have Filbert cooperate in the DEA investigation. (Dkt. No. 36-1; Dkt. 29-3) Defendants Dowling and Gutterson came to Filbert multiple times pressuring her to cooperate and told her "they would make trouble for anyone" who aided her in being released from BCDC. (Id.) Defendants Dowling and Gutterson called Filbert's family members and in-laws telling them not to aid Filbert. (Id.)
Defendants Dowling and Gutterson monitored Filbert's recorded jail phone calls, some of which were placed to her mother, the Plaintiff. (Dkt. No. 29-2.) The contents of these calls between Filbert and the Plaintiff led Defendant Dowling to investigate the Plaintiff. (Id.) Defendant Dowling included detailed information on the contents of the recorded telephone callsin his Incident Report and these recordings have been provided to the court. (See Dkt Nos. 29-3, 29-8.) These statements include the following:2
The Plaintiff made one phone call to Estrada. (Dkt. No. 29-4.) Defendant Dowling called Estrada as part of his investigation and recorded the phone call. (Id.) The following is the conversation in part starting at 00:50 into the recording:
On June 11, 2012, Defendant Dowling appeared before the Honorable Richard Arlen Brooks.9 Judge Brooks issued Defendant Dowling arrest warrants N-165071 and N-165072 for"Conspiracy" and "Public official, bribes, influence action of public employee, member, official or witness" respectively. (Dkt. No. 29-10.) Judge Brooks issued both warrants based solely on the sworn affidavits on the faces of the warrants. (Dkt. No. 36-3.) Defendant Dowling swore before Judge Brooks the affidavits were "true and correct." (Id.) In warrant N-165071, Defendant Dowling swore (Dkt. No. 29-10.) In warrant N-165072, Defendant Dowling swore (Id.)
Following the filing of this lawsuit, Judge Brooks reviewed excerpts of the jail phone calls and the phone call between Defendant Dowling and Estrada. (Dkt. No. 36-3.) Judge Brooks states in his affidavit that he would not have issued the warrants had he known that there was no attempt to influence testimony but rather Estrada was asked to go to the solicitor. (Id.) Judge Brooks swears that these facts would have been "critical" in his finding of probable cause, and based on his review of the calls, he "see[s] no facts from which one could conclude testimony was sought to be influenced or bought by money." (Id. at ¶13.) Judge Brooks further states that, based on the recorded call with Estrada he "could not have concluded that Mr. Estrada corroborated that he was offered money" because "the recording confirms he was not offered money," but rather "Filbert would make restitution to a third party (Publix)." (Id. at 15.)Judge Brooks states in his affidavit that, based on "what actually occurred in the recorded calls," he would not have issued either warrant. (Id. at 16.)
After receiving the arrest warrants from Judge Brooks, Defendant Dowling contacted Defendant Gutterson to assist him in arresting the Plaintiff. (Dkt. No. 29-7.) The Plaintiff was arrested on June 11, 2012, and transported to BCDC. (Dkt. No. 29-2.) While the Plaintiff was being arrested, Defendant Gutterson told her "I told you not to try and help your daughter get out of jail." (Dkt. No. 36-2.) Once in BCDC, the Plaintiff called a bail bondsman and reported the charges and facts surrounding them over a recorded jail phone line that was monitored by Defendant Dowling. (Dkt. No. 29-2 at ¶14.) The Plaintiff spent "several days" in BCDC and lost her job as a result of being arrested. (Dkt. Nos. 36 at 5; 10 at ¶14.)
Both of the Plaintiff's warrants were dismissed at the preliminary hearing by the Honorable Ralph E. Tupper. (Dkt. No. 29-1; See Also 36-1 at ¶11.) According to the Amended Complaint, the charges were no-billed by the Beaufort County Grand Jury as well.10 (Dkt. No 10 at ¶7.)
Pursuant to Rule 56 of the Federal Rules of Civil Procedure, summary judgment "shall" be granted "if the movant shows that there is no genuine dispute as to any material fact and that the movant is entitled to judgment as a matter of law." FED. R. CIV. P. 56(a). "Facts are 'material' when they might affect the outcome of the case, and a 'genuine issue' exists when the evidence would allow a reasonable jury to return a...
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