Pritchett v. Lanier

• Citation: 766 F. Supp. 442
• Decision Date: 31 May 1991
• Docket Number: Civ. A. No. 6:90-324-9.
• Parties: Robert PRITCHETT, et al., Plaintiffs, v. J.H. LANIER, et al., Defendants.
• Court: U.S. District Court — District of South Carolina

766 F. Supp. 442

Robert PRITCHETT, et al., Plaintiffs, v. J.H. LANIER, et al., Defendants.

Civ. A. No. 6:90-324-9.

United States District Court, D. South Carolina, Greenville Division.

May 31, 1991.

COPYRIGHT MATERIAL OMITTED

William Joseph Sussman, Augusta, Ga., Thomas E. Maddox, Jr., Atlanta, Ga., for plaintiffs Robert Pritchett, Ben Pritchett and Marietta Garage.

W. Howard Boyd, Jr., Rainey, Britton, Gibbes & Clarkson, Greenville, S.C., for defendants J.H. Lanier, R.N. Alford, W.E. Williford, K.E. Payne, D.G. Kimbrell and Aaron Taylor.

ORDER

SHEDD, District Judge.

INTRODUCTION

The plaintiffs, Robert Pritchett, Ben Pritchett, and Marietta Garage, Inc., instituted this action against the defendants, officers of the South Carolina Highway Patrol, pursuant to 42 U.S.C. § 1983.¹ The plaintiff Robert Pritchett claims deprivation of his constitutional rights as a result of his arrest on June 6, 1989, for allegedly violating a highway department regulation governing wreckers. Robert Pritchett has also alleged a pendent state claim of malicious prosecution.

Plaintiffs Ben Pritchett and Marietta Garage, Inc. claim deprivation of their constitutional rights under the Due Process Clause of the United States Constitution resulting from the suspension and removal of Marietta Garage, Inc. from the highway department wrecker rotation list from which wreckers are called to the scene of automobile accidents.²

This case is before the court on motions for summary judgment. Defendants moved for summary judgment as to all causes of action. Plaintiffs moved for partial summary judgment on certain liability issues.

FACTUAL SUMMARY

The undisputed facts are as follows. On the evening of June 6, 1989, an automobile accident occurred in Marietta, South Carolina. The Marietta Volunteer Fire Department received a report that one of the automobiles was on fire and an occupant was trapped. Robert Pritchett, an employee of Marietta Garage Inc., was a member of the fire department and heard the report while working at the garage. Robert Pritchett responded to the call in a wrecker owned by Marietta Garage, Inc. As it turned out, there was no one trapped in a vehicle but there was a small brush fire. Robert Pritchett helped put out the brush fire.

Approximately 1 and ½ hours after the accident, defendant Payne, a patrolman with the South Carolina Highway Patrol, arrived on the scene to investigate the accident. Upon his arrival, Trooper Payne questioned plaintiff Robert Pritchett and the fire chief about Pritchett being present with a wrecker. Trooper Payne was informed by the fire chief and Robert Pritchett that Pritchett was dispatched to the accident scene as a volunteer fireman and that Pritchett used the wrecker as a mode of transportation. There was no indication by anyone at the accident scene that Robert Pritchett attempted to solicit business from any of the individuals involved in the accident.

However, Trooper Payne instructed Robert Pritchett to leave the scene with the wrecker because, allegedly, Robert Pritchett was in violation of a highway patrol regulation that prohibits wreckers from responding to automobile accidents unless summoned by appropriate police authority.³ Robert Pritchett thereafter left the accident scene with the wrecker.

Subsequently, defendant Corporal Williford of the S.C. Highway Patrol arrived at the scene and was advised by Trooper Payne that Robert Pritchett had been at the accident scene in a wrecker. Corporal Williford told Trooper Payne to issue Robert Pritchett a citation for violation of the wrecker rules and regulations. Robert Pritchett and the fire chief were summoned back to the accident scene and Robert Pritchett returned in an automobile. Pritchett then was issued a citation. The citation was subsequently nolle prossed.

While the citation against Robert Pritchett was pending, defendant Captain Alford, the South Carolina Highway Patrol District Supervisor, suspended Marietta Garage, Inc. from the rotation wrecker list for a period of 90 days for violating the wrecker rules and regulations. The rotation list for wreckers is established according to regulations promulgated by the South Carolina Highway Department. Wreckers are called from this list to remove vehicles from accident scenes. At the end of the 90 day suspension period, defendant Corporal Kimbrell of the South Carolina Highway Patrol inspected Marietta Garage, Inc., to determine whether it complied with all rules and regulations for reinstatement on the rotation list. Corporal Kimbrell determined that the storage fees charged by Marietta Garage, Inc. exceeded fees customarily charged by the wrecker services in the area, violating a requirement that wrecker services on the towing rotation list charge reasonable towing and storage fees.⁴ Marietta Garage Inc., was informed that in order to be reinstated on the rotation list the storage fees had to be lowered. Plaintiffs refused to lower the fees and as a result were not reinstated on the rotation list.⁵

Plaintiffs, prior to the events that gave rise to this lawsuit, had participated in an investigation into an alleged "kickback" scheme involving highway patrolmen and wrecker service operators. There is evidence that the arresting officers, Payne and Williford, were aware of plaintiffs' participation in this "kickback" investigation. Additionally, there are allegations that defendant Payne was implicated in the "kickback" investigation. Plaintiffs contend that these actions taken by the defendants were in retaliation for plaintiffs' participation in this investigation.

LEGAL ANALYSIS⁶

Defendants moved for summary judgment on all of plaintiffs' causes of action arguing essentially that there are no genuine issues of material fact and the defendants are entitled to prevail on the merits of each cause of action as a matter of law. Additionally, defendants contend that they are protected from liability under the doctrine of qualified immunity as to plaintiffs' constitutional claims and that the South Carolina Tort Claims Act bars plaintiffs' pendent state claims. Plaintiff Robert Pritchett moved for partial summary judgment on the issue of whether Corporal Williford and Trooper Payne had probable cause to arrest him. Plaintiffs Ben Pritchett and Marietta Garage, Inc. moved for partial summary judgment on their due process claim.

I. CONSTITUTIONAL CLAIMS

A. FALSE ARREST

Defendants Payne and Williford moved for summary judgment contending that there was probable cause to believe that Robert Pritchett had committed a crime and therefore these defendants could validly arrest him. Robert Pritchett allegedly violated Section 9 of the wrecker rules and regulations which provides that "Wreckers shall only respond upon the request of the proper police authority." According to defendants, this alleged violation of the wrecker rules and regulations was a crime.

Plaintiff Robert Pritchett argues that there are no genuine issues of material fact and that he is entitled to partial summary judgment on the issue of probable cause as a matter of law. Robert Pritchett asserts that violating a wrecker regulation is not a crime. Alternatively, Robert Pritchett argues that even if the wrecker regulation does provide the basis for criminal charges, the officers knew or should have known that he was legitimately at the scene as a volunteer fireman and was not violating the regulation.

Initially, this court must determine whether the wrecker rules and regulations can form the basis for criminal charges. The regulations were promulgated pursuant to § 56-5-6180 S.C.Code Ann. (1976). Section 56-5-6180 S.C.Code Ann. (1976) provides that all rules and regulations promulgated by the highway department "shall have the full force and effect of law." Additionally, § 56-5-6190 S.C.Code Ann. (1976) states "it is a misdemeanor for any person to violate any of the provisions of this chapter ...". It is clear from the plain reading of these statutory provisions that the legislature intended that regulations promulgated pursuant to § 56-5-6180 S.C.Code Ann. (1976) would form the basis of misdemeanor crimes.

This reading is consistent with the general rule of administrative law that a duly promulgated regulation has the force and effect of law and becomes an integral part of the enabling statute. See Faile v. South Carolina Employment Security Commission, 267 S.C. 536, 230 S.E.2d 219, 221 (1976). Plaintiffs have not argued that the highway department exceeded the authority of the enabling statute with these wrecker regulations. As duly promulgated regulations, the wrecker rules and regulations have become an integral part of the statute and a violation of the provisions can form the basis of criminal charges.

Although the wrecker regulations can form the basis of criminal charges, defendants are not entitled to summary judgment on the false arrest cause of action. Probable cause is an essential element to a valid arrest. Without probable cause the arrest is unlawful. The Supreme Court has defined probable cause as: "Facts and circumstances within the officer's knowledge that are sufficient to warrant a prudent person, or one of reasonable caution, in believing ... that the suspect has committed, is committing, or is about to commit an offense." Michigan v. DeFillippo, 443 U.S. 31, 99 S.Ct. 2627, 61 L.Ed.2d 343 (1979).

The undisputed facts reveal that a reasonable officer could not have believed that Robert Pritchett violated the wrecker regulations. Defendants argue that the mere fact that Pritchett was at the accident scene with a wrecker was sufficient to create probable cause for an arrest. This fact alone was not sufficient to justify an arrest, considering the other facts learned by the defendants prior to arresting plaintiff.⁷ Defendants Payne and Williford were informed that Robert Pritchett had been summoned to the scene as a volunteer fireman and had remained at the scene under the...