Pitts v. City of Cuba

• Decision Date: 19 December 2012
• Docket Number: Case No. 4:10CV00274 ERW.
• Citation: 913 F.Supp.2d 688
• Parties: Sharon PITTS, et al., Plaintiff(s), v. CITY OF CUBA, et al., Defendant(s).
• Court: U.S. District Court — Eastern District of Missouri

913 F.Supp.2d 688

Sharon PITTS, et al., Plaintiff(s),

v.CITY OF CUBA, et al., Defendant(s).

Case No. 4:10CV00274 ERW.

United States District Court,

E.D. Missouri,

Eastern Division.

Dec. 19, 2012.

Sharon Pitts, Cuba, MO, pro se.

Lisa King, Leasburg, MO, pro se.

Marilyn Copling, Cuba, MO, pro se.

Mark H. Zoole, Renee J. Waters, Mark H. Zoole P.C., Lilian H. Doan, Terese A. Drew, Hinshaw and Culbertson, LLP, St. Louis, MO, Doug Leyshock, Office of the Attorney General, Jefferson City, MO, Brandon L. Howard, Mark Douglas Harpool, Baird and Lightner, P.C., Springfield, MO, for Defendant(s).

MEMORANDUM AND ORDER

E. RICHARD WEBBER, Senior District Judge.

This matter comes before the Court on Defendants, City of Cuba, City of Cuba Police Department, Ralph Bayliss, Les Murdock, Maurice Grant, Harold Halbert, Faye Howard, Kenny Killeen, Kevin Copling, Kent Robinson, Paul Crow, Doug Shelton, Jason Wilkerson, and Tim Bailey's Motion for Summary Judgment [ECF No. 180]. For the reasons set forth below, their motion is granted in part, and denied in part.

I. BACKGROUND

On February 16, 2010, Plaintiffs Sharon Pitts (“Plaintiff Pitts”), Lisa King (“Plaintiff King”), Marilyn Copling (“Plaintiff Copling”), and Daniel Pitts, (collectively, “Plaintiffs”), acting pro se, filed a complaint against twenty-two individuals and eight public entities [ECF No. 1].¹ Plaintiffs filed an Amended Complaint on January 31, 2011 [ECF No. 89]. Plaintiffs set forth twenty-four counts of alleged constitutional and civil rights violations. In their Amended Complaint, Plaintiffs allege eighteen claims (pertaining to Counts I, II, III, V, VI, VII, VIII, X, XI, XII, XIV, XV, XVI, XVII, XIX, XX, XXI, and XXIV), against Defendants: City of Cuba, City of Cuba Police Department, Ralph Bayliss (“Defendant Bayliss”), Les Murdock (“Defendant Murdock”), Maurice Grant (“Defendant Grant”), Harold Halbert (“Defendant Halbert”), Faye Howard (“Defendant Howard”), Kenny Killeen (“Defendant Killeen”), Kevin Copling (“Defendant Copling”), Kent Robinson (“Defendant Robinson”), Paul Crow (“Defendant Crow”), Doug Shelton (“Defendant Shelton”), Jason Wilkerson (“Defendant Wilkerson”), and Tim Bailey (“Defendant Bailey”) (collectively, “Defendants”), for violations of their rights under 42 U.S.C. §§ 1983, 1985, and 1986; First, Fourth, Fifth, Eighth, and Fourteenth Amendments of the United States Constitution. On September 24, 2012, Defendants filed a Motion for Summary Judgment [ECF No. 180] alleging that there existed no genuine dispute as to any material fact, and that Defendants were entitled to judgment as a matter of law. Plaintiffs filed their Response in Opposition to Defendants' Motion for Summary Judgment (“Response in Opposition”) on November 5, 2012 [ECF Nos. 200, 201]. Defendants filed their Reply on November 16, 2012 [ECF No. 209].

In compliance with E.D. Mo. 7–4.01(E), Defendants filed a Statement of Undisputed Material Facts [ECF No. 180–1] in support of their Motion for Summary Judgment. Plaintiffs filed a Statement of Undisputed Material Facts on November 5, 2012 [ECF No. 202]. Plaintiffs do not make reference to the facts set forth by Defendants in their Statement of Undisputed Material Facts, nor do they note the paragraph number from the Defendants' listing of facts, as required by this Court's Local Rules.

The Statement of Undisputed Material Facts submitted by Plaintiffs contains many factual assertions that are wholly irrelevant for purposes of evaluating Defendants' Motion. Because Plaintiffs failed to abide by local rules, and controvert the matters set forth by Defendants in their Statement of Uncontroverted Material Facts, the assertions are deemed admitted.²See Jones v. United Parcel Serv., Inc., 461 F.3d 982, 991 (8th Cir.2006) (concluding that the district court did not abuse its discretion in deeming defendants' statements admitted, as plaintiffs' statement of controverted facts and response to defendants' uncontroverted facts violated local rules).

The essence of Plaintiffs' case revolves around several key events. On February 28, 2008, Plaintiffs Pitts and King were visiting at the home of their parents, William (Leroy) Copling and Plaintiff Marilyn Copling, when an altercation occurred. Their father left his residence and went to his son, Kevin Copling's home, where a 911 call was placed on his behalf, alleging abuse by Plaintiffs Pitts and King. Plaintiffs Pitts and King remained at their parents' home, and also placed a call to 911, alleging that their father assaulted them. This incident led to the arrests of Plaintiffs Pitts and King on elder abuse charges on March 7, 2008. On April 24, 2008, a 911 call was made by Plaintiff Pitts in reference to a possible threat against Plaintiffs, which was conveyed by the 911 operator as an alleged disturbance at Plaintiff Copling's home. As a result of this call, Defendant Shelton prepared a probable cause statement, alleging that Plaintiff Pitts filed a false report. Plaintiff Pitts was also issued a citation for trespassing at the Wagon Wheel Motel in 2008, and was arrested on January 21, 2010, by Defendant Wilkerson, for the assault of her brother, Dennis Copling. Plaintiffs have filed many complaints with the Cuba Police Department and the Cuba City Council. Numerous 911 calls have been made reporting alleged harassment and domestic abuse. Plaintiffs name several Defendants as members of an alleged conspiracy to deprive Plaintiffs of their constitutional rights in retaliation for their many complaints.

The following facts are those deemed admitted as Plaintiffs failed to controvert them.³ On February 28, 2008, Officer Doug Shelton took a statement from Leroy Copling in which Copling claimed to have been physically assaulted by Lisa King and verbally abused by both King and Sharon Pitts. Officer Doug Shelton observed red marks on Leroy Copling's neck which Shelton believed were consistent with Copling's claim. Officer Shelton also interviewed Sharon Pitts, Lisa King, and Marilyn Copling about the incident. Lisa King claimed to have a video of the incident on her cellular phone, but refused to turn the phone over to Officer Shelton. Marilyn Copling claimed to have a recording of the incident, to which Officer Sheltonlistened at the scene. Officer Shelton ultimately filed probable cause statements against Sharon Pitts and Lisa King for the crime of Elder Abuse. Warrants were issued for Sharon Pitts' and Lisa King's arrests for Elder Abuse. On March 7, 2008, Sharon Pitts was arrested by a Highway Patrol Officer pursuant to the warrant for Elder Abuse. On March 7, 2008, Lisa King was arrested by Paul Crow pursuant to the warrant for Elder Abuse. On March 7, 2008, Paul Crow seized a cellular phone belonging to Lisa King. The cell phone seized by Chief Crow was the same phone Ms. King claimed to have video recordings of the February 28, 2008, incident on it. Chief Crow applied for and was granted a warrant to review the contents of the cell phone. Lisa King's cell phone was returned to her once her criminal charges for Elder Abuse had been resolved.

On October 7, 2008, Officer Jason Wilkerson was dispatched to the Wagon Wheel Motel in Cuba, Missouri. At the time, the Wagon Wheel Motel was owned by the Armstrong family. Upon arrival, Officer Wilkerson was informed by the owners of the Wagon Wheel Motel that Sharon Pitts had been there, despite their prior warnings that she was not welcome on their property and that, this day, Pitts had refused to leave even when commanded to do so. Wilkerson later received written statements from the Armstrongs setting forth their complaint against Sharon Pitts. On the day of the incident, Officer Wilkerson interviewed Sharon Pitts, who claimed she had been assaulted by one of the Armstrongs. Officer Wilkerson issued Ms. Pitts a citation for trespassing based on the verbal statements he had taken from the Armstrongs.

On April 24, 2008, Officer Doug Shelton received a call from dispatch alerting him to a possible disturbance at the residence of Marilyn and Leroy Copling. Sharon Pitts had called dispatch asking for an officer to investigate threats. The dispatcher told Officer Shelton, “The third party report states that there's a female threatening her father and mother and would like an officer to respond.” Officer Shelton responded to the Copling residence and, once there, talked with Marilyn Copling, who told Officer Shelton there was no one there threatening her and there had not been anyone there all day. Officer Shelton determined he had probable cause to believe Sharon Pitts had committed the crime of Filing a False Police Report, and so filled out a probable cause statement to that effect.

On January 21, 2010, Officer Jason Wilkerson investigated a complaint by Sharon Pitts that she had been attacked by her brother, Dennis Copling. Officer Wilkerson went to Dennis Copling's place of business to interview him regarding the allegation, and while there, observed a tear in Copling's jacket. Dennis Copling reported that Sharon Pitts had grabbed his collar, pulled him toward her, and, in the process, ripped his jacket. Officer Wilkerson interviewed other employees who were present when the incident occurred and determined that the other employees' stories matched Dennis Copling's account of the event. Based on the verbal witness statements, Officer Wilkerson determined he had probable cause to arrest Sharon Pitts.

During the period between January 1, 2007, and February 18, 2010, Sharon Pitts made forty-six calls to 911 dispatch. During the same period, Lisa King made eight calls to 911 dispatch, and Marilyn Copling made four calls. Pitts, King, and Copling have made numerous complaints to the Cuba City Council about Cuba Police officers and Kevin Copling. Pitts, King, and Copling have also made numerous complaints about the Cuba Police Department and its officers to other law enforcement agencies, including but not limited to, the Crawford County...