Millsaps v. Iredell Cnty. Dist. Attorney's Office

• Jurisdiction: United States,Federal,North Carolina
• Court: U.S. District Court — Western District of North Carolina
• Writing for the Court: David C. Keesler, United States Magistrate Judge
• Docket Number: Civil Action 5:22-CV-095-KDB-DCK
• Decision Date: 28 March 2024
• Citation: Millsaps v. Iredell Cnty. Dist. Attorney's Office, Civil Action 5:22-CV-095-KDB-DCK (W.D. N.C. Mar 28, 2024)
• Parties: GLENN S. MILLSAPS, JR., Plaintiff, v. IREDELL COUNTY DISTRICT ATTORNEY'S OFFICE; KATHLEEN BURRIS; SARA KIRKLAND; ADAM DILLARD; IREDELL COUNTY CLERK OF SUPERIOR OFFICE; JIM NIXON; JOHN/JANE DOES, Unknown Employees of the Iredell County Clerk of Superior Court; REGINA MAHONEY; JOHN/JANE DOES, Unknown Employees of the Iredell County District Attorney's Office; WILSON SECURITY SERVICES; DANNY LILES; PATSY ALLEN; IREDELL COUNTY; IREDELL COUNTY SHERIFF'S OFFICE; RON HILLARD; DARREN CAMPBELL; CITY OF STATESVILLE; STATESVILLE POLICE DEPARTMENT; K. JOHNSON; TOM SOUTHER; JOHN/JANE DOES, Unknown Employees of the Statesville Police Department; ERIC GREEN; MATT CAMPBELL; GARY MYKINSEN; and JOHN WILLIAMS, Defendants.
• topic: Civil Rights,Constitutional Law,Civil Procedure

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GLENN S. MILLSAPS, JR., Plaintiff, v. IREDELL COUNTY DISTRICT ATTORNEY'S OFFICE; KATHLEEN BURRIS; SARA KIRKLAND; ADAM DILLARD; IREDELL COUNTY CLERK OF SUPERIOR OFFICE; JIM NIXON; JOHN/JANE DOES, Unknown Employees of the Iredell County Clerk of Superior Court; REGINA MAHONEY; JOHN/JANE DOES, Unknown Employees of the Iredell County District Attorney's Office; WILSON SECURITY SERVICES; DANNY LILES; PATSY ALLEN; IREDELL COUNTY; IREDELL COUNTY SHERIFF'S OFFICE; RON HILLARD; DARREN CAMPBELL; CITY OF STATESVILLE; STATESVILLE POLICE DEPARTMENT; K. JOHNSON; TOM SOUTHER; JOHN/JANE DOES, Unknown Employees of the Statesville Police Department; ERIC GREEN; MATT CAMPBELL; GARY MYKINSEN; and JOHN WILLIAMS, Defendants.

Civil Action No. 5:22-CV-095-KDB-DCK

United States District Court, W.D. North Carolina, Statesville Division

March 28, 2024

MEMORANDUM AND RECOMMENDATION

David C. Keesler, United States Magistrate Judge

THIS MATTER IS BEFORE THE COURT on the “Motion To Dismiss Plaintiff's Amended Complaint On Behalf [Of] Defendants Iredell County District Attorney's Office Burris, Kirkland, Iredell County Clerk Of Superior Court Nixon, John/Jane Does Unknown Employees Of Clerk's Office, Mahoney, And John/Jane Does Unknown Employees Of District Attorney's Office” (Document No. 21) “Defendants Adam Dillard, Iredell County, Iredell County Sheriff's Office, Ron Hillard, Darren Campbell, Eric Green, Matt Campbell, Gary Mykinsen, And John Williams' Motion To Dismiss Plaintiff's Amended Complaint Pursuant To Rule 12(b)(6), And Rules 12(b)(1), (2), (4) And (5), And Rules 4(c)(1) And 4(m)” (Document No. 24), the “Motion To Dismiss By Defendants Statesville Police Department, Unknown Employees Of Statesville Police Department, Officer K. Johnson, Captain Tom Souther, And City Of Statesville” (Document No. 27), and the “Motion To Dismiss Plaintiff's Amended Complaint On Behalf Of Defendants Wilson Security Service, Inc., Patsy Allen And Danny Liles” (Document No. 31). These motions have been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. §636(b) and are now ripe for disposition. Having carefully considered the arguments, the record, and applicable authority, the undersigned will respectfully recommend that Document No. 21 be granted, and that the other motions to dismiss be granted in part and denied in part.

I. BACKGROUND

Plaintiff filed his “Complaint” (Document No. 1) on July 19, 2022 in this Court. Notably, Plaintiff is pro se. On October 11, 2022, Plaintiff filed his “1^st Amended Complaint” (Document No. 3) (“Amended Complaint”) against Defendants Iredell County District Attorney's Office (“DA's Office”), Kathleen Burris (“Burris”), Sara Kirkland (“Kirkland”), Adam Dillard (“Dillard”), the Iredell County Clerk of Superior Office, Jim Nixon (“Nixon”), unknown employees of the Iredell County Clerk of Superior Court, Regina Mahoney (“Mahoney”), unknown employees of the Iredell County District Attorney's Office, Wilson Security Service, Danny Liles (“Liles”), Patsy Allen (“Allen”), Iredell County, the Iredell County Sheriff's Office, Ron Hillard (“Hillard”), Darren Campbell (“Campbell”), the City of Statesville, the Statesville Police Department, K. Johnson (“Johnson”), Tom Souther (“Souther”), unknown employees of the Statesville Police Department, Eric Green (“Green”), Matt Campbell, Gary Mykinsen (“Mykinsen”), and John Williams (“Williams”). Plaintiff's Amended Complaint purports to allege a variety of claims against various defendants - arising out of his arrest for second-degree trespass at the Iredell County District Attorney's Office and the resulting, subsequent criminal trials. See (Document No. 3). Ultimately, Plaintiff was found not guilty by a jury of second-degree trespass. Id. at p. 22.

The events giving rise to Plaintiff's lawsuit began in July 2019 when Plaintiff “called the Iredell County Clerk of Superior Court about rescheduling a hearing for a seatbelt ticket,” which Plaintiff had missed. Id. at p. 8. The court employee “told Plaintiff he could not reschedule the hearing because there was a 24 hour notice to reschedule.” Id. Instead, Plaintiff was directed to contact the District Attorney's Office “within [] 20 days.” Id. A few days after calling the courthouse, on July 19, 2019, Plaintiff “went to the District Attorney's Office to reschedule a hearing for the traffic ticket.” Id. An employee at the DA's Office, Kathleen Burris, “told Plaintiff because he is not an attorney he was required to either pay the fine or hire an attorney.” Id. Burris eventually told Plaintiff to leave or she would call security. Id. Plaintiff ultimately left, returning to the DA's Office five days later on July 24, 2019. Id.

After again unsuccessfully attempting to reschedule the traffic hearing with Defendant Burris, “Plaintiff left the DA's lobby and went to the Justice Hall annex lobby.and approached [Defendant] Security Guard Danny Liles.” Id. at p. 10. “After a short discussion with Liles, Plaintiff reentered the DA's lobby[, and] Liles followed Plaintiff and grabbed him by his arm.” Id. Liles told Plaintiff to leave or he would get a sheriff involved. Id. “Plaintiff heard Liles tell Patsy Allen to get Deputy Hillard.” Id. According to Plaintiff's Amended Complaint, Plaintiff “was standing in the doorway which separated the DA's lobby and the Justice hallway of the Annex building” when Deputy Hillard approached Plaintiff. Id. Hillard and Plaintiff stepped into the hallway and had a conversation about what occurred. Id. at p. 11. Thereafter, even though “Hillard had not spoken to Kathleen Burris nor had Hillard witnessed why he was placing Plaintiff under arrest,” he arrested Plaintiff. Id. at p. 12.

Hillard apparently did not handcuff Plaintiff correctly, according to Plaintiff, and he repeatedly told Hillard that he was in pain because “the handcuffs were not positioned correctly and were not placed on his wrist properly.” Id. Plaintiff allegedly told Hillard to “double lock” the handcuffs.” Id. Other deputies allegedly arrived, to whom Plaintiff directed the same complaint about the handcuffs. Id. at p. 13. Plaintiff was put in a patrol car driven by Defendant Johnson, who “did not inspect the handcuffs.” Id. at p. 14. Plaintiff alleges that he yelled out in pain, and “Officer Johnson loosened the handcuffs.” Id.

Plaintiff was charged with second-degree trespass and found guilty at a bench trial on November 5, 2019. Id. at p. 16. After the trial, Plaintiff claims that he “made a public records request to the Sheriff's Office for video, audio and or electronics surveillance which would have depicted Plaintiff.” Id. at p. 18. He goes on to allege that “Adam Dillard falsely stated in a letter that the recording sought did not exist,” and that the Sheriff's Office “has no record.” Id. Plaintiff claims that “on the day of the second trial, [he] was handed a copy of the July 24, 2019 [video] footage [that he had earlier requested] that allegedly [he had been told] did not exist.” Id. at p. 2. He claims, though, that the video was missing “24 minutes of footage” but nonetheless “showed that Plaintiff did not have one foot in the DA's doorway at the time Deputy Hillard approached Plaintiff.” Id. Plaintiff contends that had Defendants not “suppressed the footage.. .the verdict of the bench trial would have been favorable to Plaintiff and he would not have suffered three trials.” Id. at p. 21. Ultimately, Plaintiff was found not guilty by a jury of the trespass charge at a third trial. Id. at p. 1.

Plaintiff's Amended Complaint alleges eleven claims against various Defendants: (1) for a First Amendment violation under 42 U.S.C. § 1983 (“§ 1983”) against all Defendants; (2) for unlawful arrest and false imprisonment against all Defendants; (3) for Brady violations under § 1983 against all Defendants; (4) for excessive force in violation of the Fourth Amendment for tight handcuffs under § 1983 against “[a]ll [i]nvolved [l]aw [e]nforcement official[s], and all involved policy makers”; (5) for malicious prosecution against all Defendants; (6) for abuse of process against all Defendants; (7) for assault against Defendant Liles; (8) for a Monell claim against Defendants Johnson, Statesville Police Department, Deputy Hillard, and unknown deputies; (9) for § 1985 conspiracy to interfere with civil rights against all Defendants; (10) for fraud against all Defendants; and (11) for “[n]egligence or in the alternative [n]o dep[rivation] of a liberty interest or privilege but by the law of the land” under the North Carolina Constitution. See (Document No. 3).

The “Motion To Dismiss Plaintiff's Amended Complaint On Behalf [Of] Defendants Iredell County District Attorney's Office, Burris, Kirkland, Iredell County Clerk Of Superior Court, Nixon, John/Jane Does Unknown Employees Of Clerk's Office, Mahoney, And John/Jane Does Unknown Employees Of District Attorney's Office” (Document No. 21) was filed March 3, 2023. “Defendants Adam Dillard, Iredell County, Iredell County Sheriff's Office, Ron Hillard Darren Campbell, Eric Green, Matt Campbell, Gary Mykinsen, And John Williams' Motion To Dismiss Plaintiff's Amended Complaint Pursuant To Rule 12(b)(6), And Rules 12(b)(1), (2), (4), And (5), And Rules 4(c)(1) And 4(m)” (Document No. 24) was filed March 6, 2023. The “Motion To Dismiss By Defendants Statesville Police Department, Unknown Employees Of Statesville Police Department, Officer K. Johnson, Captain Tom Souther, And City Of Statesville” (Document No. 27) was filed March 6, 2023. The “Motion To Dismiss Plaintiff's Amended Complaint On Behalf Of Defendants Wilson Security Service, Inc., Patsy Allen And Danny Liles” (Document No. 31) was filed March 27, 2023. “Plaintiff's Opposition To Defendants' Motions To Dismiss And Motion For Leave To...