Moore v. Gibson
| Decision Date | 31 March 2022 |
| Docket Number | 4:20-cv-00258-KGB |
| Parties | JEFFERY MICHAEL MOORE PLAINTIFF v. JAMES GIBSON, individually and in his official capacity as a police officer for the city of Vilonia Arkansas DEFENDANTS |
| Court | U.S. District Court — Eastern District of Arkansas |
Before the Court is a motion for summary judgment filed by defendant James Gibson (“Officer Gibson”) (Dkt. No. 18). Plaintiff Jeffery Michael Moore brings this action against Officer Gibson in his individual and official capacity as a police officer for the city of Vilonia, Arkansas (“City”) (Dkt. No. 1). Mr. Moore alleges the following: (1) that Officer Gibson violated Mr. Moore's Fourth “Amendment rights to be free from search and seizure under the United States Constitution, as well as the Arkansas Constitution” and arrested Mr. Moore without probable cause (Dkt. Nos. 1; ¶¶ 3, 20-22; 18 ¶ 2), (2) that Officer Gibson took these actions because Mr. Moore “invoked his First Amendment rights to Freedom of Speech under the Federal Constitution, as well as his clearly established right to remonstrate under the Arkansas State Constitution” (Dkt. Nos. 1; ¶ 29; 18, ¶ 2), (3) that Officer Gibson “caused criminal charges, namely disorderly conduct or criminal trespass, to be filed against [Mr. Moore], without probable cause, ” thus engaging in malicious prosecution and abuse of process (Dkt. Nos. 1; ¶¶ 3, 26, 28; 18, ¶ 2), (4) that the City “failed to train its officers, including [Officer Gibson], in the appropriate probable cause necessary to arrest an American citizen and has ratified [Officer Gibson's] conduct” (Dkt. Nos. 1; ¶ 21; 18 ¶ 2), and (5) that the “City of Vilonia has failed to train [Officer Gibson] in the appropriate response to protected speech under the Arkansas State Constitution and the [First] Amendment to the Federal Constitution” (Dkt. Nos. 1; ¶ 30; 18, ¶ 2).
Officer Gibson filed his motion for summary judgment maintaining that no dispute of material fact exists and that he is entitled to judgment as a matter of law (Dkt. No. 18, ¶ 6). Fed.R.Civ.P. 56. Mr. Moore disagrees and argues that Officer Gibson's account of events directly contradicts a recording of the events in question and Mr. Moore's recollections (Dkt. No. 27, ¶ 2). Based on the record evidence, viewed in the light most favorable to the Mr. Moore, the Court grants Officer Gibson's motion for summary judgment and enters judgment as a matter of law in favor of defendants (Dkt. No. 18).
I. Factual Background
Unless otherwise noted, the following facts are taken from Officer Gibson's statement of undisputed material facts, Mr. Moore's response to Officer Gibson's statement of undisputed material facts, and Officer Gibson's reply to Mr. Moore's response to Officer Gibson's statement of undisputed material facts (Dkt. Nos. 19; 28; 31).
On Saturday, March 24, 2018, Mr. Moore was attending and coaching his daughter's recreational soccer team out of Conway in a game against a recreational soccer team out of Vilonia at the Vilonia soccer fields (Dkt. No. 19, ¶ 1). Another Conway parent, Eric, was helping Mr. Moore coach (Id., ¶ 2).
Approximately five minutes into the game, the ball went out of bounds in front of the Conway team's parents (Id., ¶ 3). There were two people refereeing the game: the head referee, Brandon Torling (“Ref. Torling”), and the line judge, which is usually a young kid, a teenager (Id., ¶ 4). The line judge called the ball for the Conway team (Id., ¶ 5). Mr. Moore and Ref. Torling were on the other side of the field from where the ball went out of bounds (Id., ¶ 6). Ref. Torling began making his way across the field in the direction of where the ball went out of bounds while calling the ball for the Vilonia team (Id., ¶ 7).[1] There was “mass confusion” because the line referee was saying that it was Conway's ball; Ref. Torling was saying it was Vilonia's ball; some parents were yelling it was Conway's ball; some parents were yelling it was Vilonia's ball; and the kids were just standing there confused (Id., ¶ 8).
According to Mr. Moore, Ref. Torling then went to where the Conway parents were screaming and yelled at the parents to, “shut up, [because Ref. Torling was] the one running this game” (Id., ¶ 9). Ref. Torling then turned around and started back across the field to where Mr. Moore was located (Id., ¶ 10). Because there were kids in the area in which Mr. Moore was located, he began to walk out into the field to meet Ref. Torling, so that when they spoke, no one would hear their conversation, and Mr. Moore would not embarrass Ref. Torling in front of the kids (Id., ¶ 11). According to Mr. Moore, Ref. Torling came to Mr. Moore and said, “You're going to go over there and tell your parents to shut up”; Mr. Moore laughed and replied, (Id., ¶ 12). Mr. Moore then turned around and started walking away (Id.).[2] According to Mr. Moore, Ref. Torling then yelled at Mr. Moore again, saying, “Coach, are you not going to tell your parents to shut up?”, to which Mr. Moore replied, (Id., ¶ 13).
Ref. Torling then told Mr. Moore that he was “out of the game” (Id., ¶ 14).[3] Mr. Moore then walked back to the bench to pick up his cooler and tablet to leave, realized that the kids would need the cooler and that the assistant coach, Eric, would need the tablet, so he flipped open the cooler, grabbed a Gatorade, and started walking “in a direct line” to his car (Id., ¶ 15).[4] The “direct line” to Mr. Moore's car was across the middle of the field and went directly through the middle of where the Conway parents were congregated (Id., ¶ 16). When Mr. Moore got to the Conway parents, they stopped him, and conversation ensued regarding why Mr. Moore was leaving the game (Id., ¶ 17). Ref. Torling then yelled to Mr. Moore, “Coach, you have to leave the entire complex.” (Id., ¶ 18). At this point, Mr. Moore was still answering questions from the Conway parents, explaining that he had been kicked out of the game and had to leave (Id., ¶ 19). Ref. Torling then yelled at Mr. Moore, again, that he had to leave the complex (Id., ¶ 20).
Mr. Moore turned to start walking to his car, and as his back was to Ref. Torling, Ref. Torling yelled at him a third time that he had to leave (Id., ¶ 21). As Mr. Moore walked away, he made a gesture at Ref. Torling, not even looking at him (Id., ¶ 22). Mr. Moore claims that this gesture was a “thumbs up” (Dkt. No. 28, ¶ 22). As Mr. Moore was walking out onto the road, he heard the whistle blow, and he turned his head back toward the field (Dkt. No. 19, ¶ 23). Mr. Moore was told that Ref. Torling called the game because the assistant coach, Eric, told the Conway players, “Come on kids, I guess we've got to go play through this biased referee calling” (Id., ¶ 24).
On March 24, 2018, Officer Gibson, a patrol officer with the City of Vilonia Police Department (“VPD”), was flagged down by James Lathe Anderson, a Vilonia parent, who was at a soccer game at the Vilonia soccer complex; Mr. Anderson told Officer Gibson that there was an individual who had been causing a disturbance, used obscene language, and was refusing to leave city property after being instructed to do so by parks and recreation staff (Id., ¶ 25).[5] Mr. Moore does not dispute the actions Mr. Anderson took (Dkt. No. 28, ¶ 25). However, Mr. Moore, maintains that, throughout his interactions with Ref. Torling, he did not argue, “was calm, did not cuss, did not scream or yell, [and] did not wave his hands” (Id., ¶ 12, 14-15, 22). Officer Gibson's video began as he was speaking to Mr. Anderson; Mr. Anderson pointed Mr. Moore out as the individual causing the disturbance (Dkt. No. 19, ¶ 26).
The parties dispute the exact nature of what occurred next (Dkt. Nos 19, ¶ 27; 28, ¶ 27). Officer Gibson maintains that he believes he saw Mr. Moore flip off people at the soccer game while “walking in the area of the parents, children, and young soccer players” (Dkt. No. 19, ¶ 27). Mr. Moore maintains that he gave a thumbs up and was past the parents and children when making that gesture (Dkt. No. 28, ¶ 27). Officer Gibson next contends that it appeared as though Mr. Moore began to leave the soccer field (Dkt. No. 19, ¶ 28). Officer Gibson states that Mr. Moore then stopped, made the above-discussed gesture, and then, upon seeing Officer Gibson's police car approach, began finally to leave the soccer complex (Id.). Mr. Moore contends that the dashcam video contradicts Officer Gibson's contentions (Dkt. No. 28, ¶ 28). Specifically, Mr. Moore maintains that the dashcam video shows Officer Gibson leave Mr. Anderson and begin driving towards Mr. Moore at which point Mr. Moore stopped for approximately four seconds (Id.). Mr. Moore maintains that the video then shows him continue to walk toward his car, without making the thumps up gesture (Id.). It was Officer Gibson's understanding that Mr. Moore had been told to leave by the official and the soccer director (Dkt. No. 19, ¶ 29). After speaking with Mr. Anderson, Officer Gibson began to approach Mr. Moore (Dkt. No. 19-2(a); 19-2(b)).
Officer Gibson maintains that he believed Mr. Moore had committed criminal trespass for not having left the soccer complex upon Officer Gibson's approach (Dkt. No. 19, ¶ 31). Mr Moore disputes this contention, maintaining that the dashcam video indicates he was...
To continue reading
Request your trial