Meshal v. Wright

• Decision Date: 29 December 2022
• Docket Number: Civil Action 4:22-cv-10
• Parties: AMIR M. MESHAL, Plaintiff, v. CHRISTOPHER C. WRIGHT, in his official capacity as Commissioner of the Georgia Department of Public Safety; JOSHUA J. JANUFKA; KEITH OGLESBY; and DERRICK FRINK, Defendants.
• Court: U.S. District Court — Southern District of Georgia

AMIR M. MESHAL, Plaintiff,
v.
CHRISTOPHER C. WRIGHT, in his official capacity as Commissioner of the Georgia Department of Public Safety; JOSHUA J. JANUFKA; KEITH OGLESBY; and DERRICK FRINK, Defendants.

Civil Action No. 4:22-cv-10

United States District Court, S.D. Georgia, Savannah Division

December 29, 2022

ORDER

R. STAN BAKER UNITED STATES DISTRICT JUDGE

This action is before the Court on Defendants Christopher Wright, Joshua Janufka, and Keith Oglesby's Motion to Dismiss. (Doc. 14.) Plaintiff Amir Meshal commenced this action under 42 U.S.C. § 1983 following an incident involving a prolonged traffic stop and subsequent vehicle search due to Meshal's presence on a terrorist watchlist. (Doc. 1, pp. 1-2.) In the Complaint, Meshal alleges Fourth Amendment violations for his unlawful seizure and the unlawful search of his vehicle. (Id. at pp. 15-17.) Defendants Wright, Janufka, and Oglesby filed the at-issue Motion to Dismiss arguing, inter alia, that there was no Fourth Amendment violation and, in the alternative, that Meshal's claims are precluded by the Eleventh Amendment and qualified immunity. (See generally doc. 14.) Meshal filed a Response, (doc. 21), and Defendants filed a Reply, (doc. 23). For the reasons more fully explained below, the Court GRANTS IN PART and DENIES IN PART the Motion. (Doc. 14.) To the extent Meshal's Complaint seeks the recovery

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of damages from Defendants Janufka and Oglesby in their official capacities, those claims are dismissed. However, the Court DENIES the remainder of the Motion.

BACKGROUND

I. Meshal's Detention on January 20, 2020

The following are the relevant facts that are set forth in the Complaint. (Doc. 1.) Amir Meshal is a U.S. citizen who resides in Minnesota. (Id. at ¶ 5.) He works as an independent contractor and contracts with companies across the country to make deliveries in his semi-truck. (Id. at ¶ 10.) Meshal's job requires him to regularly drive on interstate highways through the state of Georgia. (Id. at ¶ 46.) On January 23, 2020, Meshal was driving north in his semi-truck, without a trailer attached, on Interstate 95 through Bryan County, Georgia. (Id. at ¶ 11.) He was returning home after a brief trip from a job delivering equipment for Super Bowl LIV in Miami Gardens, Florida. (Id.) At around 3:00 p.m., Meshal was stopped by Officer Joshua Janufka in Richmond Hill, Georgia. (Id. at ¶ 12.) Janufka is and was, at all times relevant to this action, a Georgia State Patrol (“GSP”) officer. (Id. at ¶ 6.)

Janufka approached the semi-truck and asked for Meshal's license and registration, which Meshal provided. (Id. at ¶ 13.) Janufka then explained that he had stopped Meshal for following too closely, and that he would be issuing a courtesy warning in lieu of a ticket. (Id. at ¶¶ 13-14.) Janufka told Meshal that, because it was raining, they should go to Janufka's GSP squad car to talk. (Id. at ¶ 14.) Meshal obliged, followed Janufka to the patrol car, and entered on the front passenger side. (Id.) Approximately four minutes later, Officer Keith Oglesby arrived at the scene and pulled up behind Janufka's vehicle. (Id. at ¶ 16.) Oglesby was, at all times relevant to this action, a GSP officer. (Id. at ¶ 7.) Janufka then asked Meshal a series of questions that Meshal interpreted as standard questions asked to truck drivers during traffic stops to ensure that they are

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complying with regulations. (Id. at ¶ 17.) Meshal explained that he was returning from a delivery in Miami, with goods he picked up in Delaware. (Id.) He provided Janufka the bill of lading from the delivery to confirm the job, and explained that, after he dropped off the delivery, he stayed with his mother in Florida for two nights before heading to his next trip in New Jersey. (Id.)

Janufka continued questioning Meshal and asked if Meshal had ever been arrested. (Id. at ¶ 18.) Meshal responded that he had been arrested a long time ago and believed it to be for driving on a suspended license. (Id.) Janufka then asked Meshal if he would consent to a search of the semi-truck. (Id. at ¶ 19.) Meshal declined and asked Janufka why he wished to search the vehicle. (Id. at ¶ 20.) Janufka did not respond to the question, but asked again for Meshal's consent to search the vehicle, which Meshal again refused. (Id.) Janufka then called for a K-9 unit. (Id. at ¶ 21.) Janufka thereafter instructed Meshal to exit the vehicle because “something was wrong,” and he needed to detain Meshal as a result. (Id. at ¶ 22.)

Meshal was then made to place his hands on the roof of the squad car, and Janufka performed a pat-down on him and removed his cellphone. (Id. at ¶ 23.) Meanwhile, Oglesby continued asking Meshal questions about his personal information, which Meshal answered. (Id.) Janufka then brought one of Meshal's hands behind his back and began to handcuff him. (Id. at ¶ 24.) When Meshal asked what he was doing, Janufka replied, “you're not under arrest but I have to detain you.” (Id.) Meshal then brought his other hand down and allowed Janufka to handcuff him. (Id.) Janufka next placed Meshal in the back of the squad car. (Id. at ¶ 25.) Janufka then closed the door and told Meshal to “just hang tight.” (Id.) By this point, at least thirty minutes had passed since the traffic stop was initiated. (Id. at ¶ 27.)

Once placed in the back of the squad car, Meshal had a view of the squad car's computer system, and he saw the word “terrorist” on the screen. (Id. at ¶ 28.) Meshal then asked Janufka if

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he was being detained because of his presence on a watchlist, to which Janufka replied “exactly.” (Id. at ¶ 29.) Meshal subsequently proffered details surrounding the context of his presence on the No-Fly List, explaining that he was placed on the list for refusing to work as an FBI informant during his time in Somalia. (Id.) Janufka simply replied, “This is over my head. I'm getting instructions on what to do.” (Id.) Janufka then continued to question Meshal, inquiring whether Meshal had any explosives, drugs, weapons, or anything else law enforcement should be concerned about, to which Meshal replied that he did not. (Id. at ¶ 30.) Janufka told Meshal at multiple points during Meshal's detention that he was waiting on a call from the FBI for guidance about whether to arrest Meshal. (Id. at ¶¶ 31, 39.)

Approximately thirty minutes after Meshal was handcuffed and placed in the back of the squad car-and approximately one hour after his initial stop-two additional officers arrived with dogs trained to detect explosives and narcotics. (Id. at ¶ 32.) The first officer, Deputy Derrick Frink, conducted the first search of the semi-truck by walking his dog around the exterior of the truck. (Id. ¶ 33.) He then conducted a second canine search accompanied by Janufka, during which both the dog and Frink entered the interior of the truck. (Id. at ¶¶ 34-35.) In this search, Frink opened the passenger side door of Meshal's truck, physically lifted the dog into the cabin, and then also entered the vehicle himself. (Id. at ¶ 35.) With no apparent positive notification from the dog, Frink and the dog exited the vehicle and returned with Janufka to the squad car. (Id.) The second officer then conducted an additional search of the truck's exterior and returned to join the other officers outside the squad car. (Id. at ¶¶ 36-37.)

Following the searches, the officers allowed Meshal to leave the squad car but did not remove his handcuffs. (Id. at ¶ 37.) The officers further questioned Meshal about his work, and Meshal continued to respond to their questions. (Id.) After the dog handlers left, Janufka informed

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Meshal that they were “just waiting on a call from the FBI” and asked even more questions concerning Meshal's religious background and travels abroad. (Id. at ¶ 39.) About ten to fifteen minutes later, one of the officers stepped away to take a call. (Id.) When he returned, he told Meshal he was allowed to leave. (Id.) Janufka then removed Meshal's handcuffs and handed him a written warning for following too closely. (Id. at ¶ 40.) At this point Meshal had been detained for approximately one hour and thirty-one minutes. (Id. at ¶ 44.)

II. Meshal's Presence on the No-Fly List

According to the Complaint, Meshal has been on the No-Fly list since 2009, following an incident in which he was detained in Somalia by Kenyan authorities working with federal law enforcement agencies and he refused the FBI's requests that he work as an informant. (Id. at ¶¶ 29, 47.) He has petitioned, unsuccessfully, to be removed from the list. (Id. at ¶ 46.) According to the Complaint, the January 2020 incident at issue in this case is the most recent of “multiple such incidents” that Meshal has been subjected to due to his presence on the “No-Fly List.” (Id. at ¶ 46.)

The “No-Fly List” is a subset of the Terrorist Screening Database (“TSDB”), or the terrorist watchlist. (Doc. 1, ¶ 47; doc. 14-1, p. 2); see Terrorist Screening Center, Federal Bureau of Investigation, https://www.fbi.gov/investigate/terrorism/tsc, last visited Dec. 28, 2022. According to the parties in this case, state and local law enforcement officers can search for an individual by name through the National Crime Information Center (“NCIC”) to determine whether they are listed on a watchlist; if the individual is on such a list, the NCIC sends an automated message to the officer disclosing that information. (Doc. 1, ¶ 57; doc. 14-1, p. 2.) The only information conveyed to the officer, however, is the individual's presence on the list; the reason for their

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placement on the list is not shared. (Doc. 1, ¶ 58; doc. 14-1, p. 2.) If the individual is on a watchlist, the notification that officers receive reads in full:

***LAW ENFORCEMENT SENSITIVE INFORMATION***

DO NOT ADVISE THIS INDIVIDUAL THAT THEY MAY BE ON A TERRORIST WATCHLIST. CONTACT THE TERORRIST SCREENING CENTER (TSC) AT (866) XXXXXXX DURING THIS ENCOUNTER. IF

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