Swick v. Wilde
| Decision Date | 31 August 2012 |
| Docket Number | No. 1:10-cv-303,1:10-cv-303 |
| Court | U.S. District Court — Middle District of North Carolina |
| Parties | LANCE L. SWICK, Plaintiff, v. JAMES WILDE; RANDI MASON; LEO VEREEN; CHRISTOPHER BLUE; and THE TOWN OF CHAPEL HILL, NORTH CAROLINA, Defendants. |
Plaintiff Lance L. Swick ("Swick") brings suit against Chapel Hill police officers James Wilde ("Wilde") and Randi Mason ("Mason"), police department supervisors Lieutenant Leo Vereen ("Vereen") and Captain Christopher Blue ("Blue"), and the Town of Chapel Hill, North Carolina (also "Town") (collectively, the "Defendants") on the grounds they allegedly violated his rights under the federal Constitution and the constitution and laws of the state of North Carolina by obtaining warrants for Swick's arrest on two separate occasions in May 2007. (Doc. 1.) Before the court is Defendants' motion for summary judgment as to all seventeen claims. (Doc. 26.) Because Swick has identified genuine disputes of material fact as to five claims, Defendants' motion will be granted in part and denied in part.
Taken in a light most favorable to Swick, as the nonmoving party, the evidence reveals the following:
Swick is a neurobiologist who works at a research laboratory in Durham, North Carolina, and, during the time-period relevant to this case, lived in an apartment complex in Chapel Hill known as 82 Magnolia. (Doc. 26-1 (Swick Deposition ("Dep.")) at 8, 11, 65-66.)1 The apartment complex had a lively social scene that sprung up around the complex's pool. (Id. at 64.) Swick occasionally organized pool-side parties himself, and during those events he became acquainted with some of the complex's other residents, including Mason, a Chapel Hill police officer. (Id. at 75-76, 96.)
Over time, Mason and Swick became "very good friends." (Id. at 71.) Swick routinely invited Mason to the parties he hosted at the pool and his apartment. (Id. at 78.) Swick also introduced Mason to a friend of his, Tim Runfola ("Runfola"), whom she dated for "some period of time." (Id. at 76-77.) At some point thereafter, however, Mason began dating fellow Chapel Hill police officer Wilde, and Mason, who eventually arranged for Wilde to stay with her (and whom she later married), startedto distance herself from the social scene at 82 Magnolia. (Id. at 76.)
Against this personal backdrop, three events occurred that precipitated the present lawsuit. First, on January 20, 2007, Mason was patrolling in downtown Chapel Hill when she noticed Swick's Ford Mustang GT automobile parked in a lot along one of the Town's busiest streets. (Doc. 26-3 (Mason Dep.) at 100.) Mason believed that Swick's license had been revoked2 and advised other officers to "be on the look out [sic] for [Swick's] vehicle," indicating that its driver had a "possible revoked license." (Doc. 26-4 at 101, 103.) Later that evening, Wilde, who was also on duty at the time, observed Swick's vehicle traveling at 45 miles-per-hour in a 35 miles-per-hour zone as it left downtown Chapel Hill. (Doc. 26-5 (Wilde Dep.) at 57.) Wilde initiated a traffic stop of the Mustang, discovered that Swick was the driver, and smelled the odor of alcohol on Swick's breath. (Id. at 57-58, 64.) Wilde engaged Swick in several field sobriety tests and concluded that Swick performed "poorly." (Id. at 63.) As a result, Wilde arrested Swick for driving while intoxicated, speeding, and driving with a revokedlicense.3 (Id. at 67-68.) Swick pleaded guilty in March 2008 to driving while impaired. (Doc. 26-1 at 50-51.)
The second precipitating event occurred on the evening of May 20, 2007. At approximately 11:00 p.m., Mason and Wilde were walking their dog around the parking lot of 82 Magnolia as Mason performed a security check of the complex in her capacity as a "courtesy" officer for the apartments, when they heard the sound of jingling keys coming from the direction of Swick's apartment building. (Doc. 26-3 at 73.) Mason and Wilde stopped and observed a man they believed to be Swick exit the building, cross into a garage,4 and get into a silver vehicle at the driver's door. (Id.) When the vehicle began to drive away, Mason followed it on foot and observed it leave the apartment complex parking lot and drive onto a roadway. (Id.) Mason, who knew about Swick's prior DWI arrest (id. at 92), believed that Swick's license may have been revoked, so she called Orange County Communications, the Chapel Hill police force's central dispatch center, to determine the status of Swick's license (id.at 78). The communications operator informed Mason that Swick's license had been revoked. (Id. at 78, 89.) As a result, Mason swore out a warrant for Swick's arrest (id. at 95), which was issued by Orange County Magistrate John Stokes after he determined that probable cause existed to charge Swick for driving while his license was revoked (Doc. 27-7 at 1).
Swick, for his part, is unsure about the status of his license on May 20, 2007. (Doc. 26-1 at 85.) Nevertheless, he contends that he did not drive a car that evening. (Id. at 86.) Instead, he states that he was listening to a band at Broad Street Café in Durham.5 (Id.) When police officers served Swick with the warrant later in the week, he turned himself in and retained counsel to challenge the arrest.6 (Id. at 89-90.)
Finally, on May 27, 2007 -- just one week after Mason obtained the warrant for Swick's arrest and several days after Swick had turned himself in to police -- Swick and several of his friends were celebrating Memorial Day weekend at the 82 Magnolia pool. (Id. at 95.) Wilde arrived home from work and, although still on duty, took his "fitness break" by deciding togo swimming.7 (Doc. 26-5 at 77.) Runfola heard someone say, "Oh, James [Wilde] is here" and informed Swick. (Doc. 27-4 at 45.) Swick in turn pointed to Wilde in the pool, who now was standing and looking at the group, and said, "He's right there." (Id. at 48.)
Swick had been drinking throughout the day (Doc. 26-1 at 97), and, upon learning about Wilde's presence at the pool, he indicated to his friends that he would like to speak with Wilde about the "thought process" that went into issuing him the May 20 arrest warrant. (Doc. 26-2 at 106-07, 117.) Swick's friend, Runfola, told Swick that he did not believe confronting Wilde was "a very good idea" and instead offered to speak with Wilde himself. (Id. at 117-18.)
While these discussions were taking place, Wilde, who was swimming in the pool, observed Swick speaking with several friends, heard someone refer to him, 8 and became uncomfortable and decided to leave. (Doc. 26-5 at 81-82.) Runfola, dressed in shorts, t-shirt and flip-flops, followed Wilde out of the pool area, and Swick, dressed in a swim suit and flip-flops, and friends, Deepak Gopalakrishna ("Gopalakrishna"), Carlos Alvarado ("Alvarado"), and Jason Downey ("Downey"), also dressed in poolgarb, filed out shortly thereafter. (Doc. 26-2 at 125-26; Doc. 28-3 at 220.) The five men trailed Wilde, at varying distances from each other, outside the pool area, across a traffic round-about that divided the complex, and into an adjoining parking lot, a distance of approximately 100 yards; but, before any of them could speak to Wilde, Wilde got into his vehicle and drove away. (Doc. 26-2 at 127.) Wilde says he believed the five men were following him. (Doc. 26-5 at 85.)
After driving out of the apartment complex, Wilde decided that he may have overreacted, and a few moments later he chose to return to his apartment. (Id. at 87.) When he pulled into the complex, Wilde initially did not see Swick or his friends. (Id.) However, Swick had been talking to two of his neighbors by the complex's trash compactor, and when he saw Wilde drive up, he decided to confront him. (Doc. 26-2 at 158-59; Doc. 26-5 at 88.) As Wilde pulled into his parking space, Swick approached him to "clear the air." (Doc. 26-2 at 129-30.) By this time, Wilde was gathering his police gear from his trunk. (Doc. 26-5 at 87-88.)
According to Swick, he asked Wilde if he could talk to him, and Wilde answered, "Yes, what do you want, Lance?" (Doc. 28-3 at 211.) Swick asked, "Why are we doing this, James?" "Is there something I did to you?" and "Why are you throwing me under the bus?" (Doc. 26-2 at 130.) Swick also asked why Wilde wascharging him "with these charges" and said that "it appeared that you guys [Mason and Wilde] . . . were targeting me in a way and trying to throw me under the bus." (Doc. 28-3 at 211; see also Doc. 26-2 at 156.) At one point, Wilde responded, "well, stop breaking the law and you won't -- you know -- we won't be charging you." (Doc. 28-3 at 211-12.) Wilde also said he was sensitive to DWI situations because he had a friend who was hurt in a DWI accident. (Id. at 212.) During the course of the conversation, Wilde grabbed his helmet from the trunk and moved to the side of his car, placing his back to the vehicle. (Doc. 28-2 at 144.)
During the discussion, the two men never raised their voices, nor did either show their fists or make any threatening statements. (Doc. 26-2 at 129; Doc. 26-5 at 89.) Swick's four friends were present while the conversation took place. (Doc. 26-2 at 107, 131-32.) Alvarado, Downey, and Gopalakrishna stood around a tree some 50 or more feet away, while Runfola sat "on the curb across the parking lot."9 (Id. at 132.) Swick contends, and his friends at the scene agree, that the conversation was "polite" and "calm," although he acknowledges that Wilde appeared to be "a little agitated" by the end of the encounter. (Id. at 129; Doc. 28-3 at 211, 219.)
Wilde ultimately terminated the conversation by telling Swick that he did not want to speak with him anymore. (Doc. 26-5 at 97.) At that point, Swick acquiesced, saying, "Okay." (Id.; Doc. 27-4 at 68.) Wilde gathered his gear, which included his service firearm (in a carrying case), and walked to his apartment. (Doc. 26-5 at 87-88; Doc. 27-4 ...
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