U.S. v. One Parcel Prop., 7079 Chilton County Rd.

• Court: U.S. District Court — Middle District of Alabama
• Writing for the Court: Ment
• Citation: U.S. v. One Parcel Prop., 7079 Chilton County Rd., 123 F.Supp.2d 602 (M.D. Ala. 2000)
• Decision Date: 27 November 2000
• Docket Number: No. Civ.A. 00D1084N.,Civ.A. 00D1084N.
• Parties: UNITED STATES of America, Plaintiff, v. ONE PARCEL PROPERTY LOCATED AT 7079 CHILTON COUNTY ROAD 37, CLANTON, CHILTON COUNTY, ALABAMA, with All Appurtenances and Improvements Thereon, Defendant.

123 F.Supp.2d 602

UNITED STATES of America, Plaintiff, v. ONE PARCEL PROPERTY LOCATED AT 7079 CHILTON COUNTY ROAD 37, CLANTON, CHILTON COUNTY, ALABAMA, with All Appurtenances and Improvements Thereon, Defendant.

No. Civ.A. 00D1084N.

United States District Court, M.D. Alabama, Northern Division.

November 27, 2000.

John T. Harmon, Redding Pitt, United State's Attorney's Office, Montgomery, AL, for plaintiff.

Neil L. Hanley, Mobile, AL, for defendant.

MEMORANDUM OPINION AND ORDER

DE MENT, District Judge.

Before the court is Plaintiff United States' Motion For Summary Judgment ("Mot."), filed October 5, 2000. The claimants, E.L. Tracy ("Tracy") and Lebra Renae Cleckler ("Lebra Cleckler"), (collectively "Claimants"), filed a Response ("Resp.") on October 23, 2000. After careful consideration of the arguments of counsel, the relevant law, and the record as a whole, the court finds that Plaintiff's Motion For Summary Judgment is due to be granted.

I. JURISDICTION AND VENUE

The court exercises subject matter jurisdiction over this action pursuant to 21 U.S.C. § 801 et seq. The parties do not contest personal jurisdiction or venue.

II. SUMMARY JUDGMENT STANDARD

On a motion for summary judgment, the court construes the evidence and factual inferences in the light most favorable to the nonmoving party. Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970). Summary judgment can be entered on a claim only if it is shown "that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." FED.R.CIV.P. 56(c). As the Supreme Court has explained:

[T]he plain language of Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial. In such a situation, there can be no `genuine issue as to any material fact,' since a complete failure of proof concerning an essential element of the nonmoving party's case necessarily renders all other facts immaterial.

Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (citing Fed.R.Civ.P. 56(c)).

The trial court's function at this juncture is not "to weigh the evidence and determine the truth of the matter but to determine whether there is a genuine issue for trial." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (citations omitted). A dispute about a material fact is genuine if the evidence is such that a reasonable jury could return a verdict for the nonmoving party. See Anderson, 477 U.S. at 248, 106 S.Ct. 2505; Barfield v. Brierton, 883 F.2d 923, 933 (11th Cir.1989).

The party seeking summary judgment has the initial burden of informing the court of the basis for the motion and of establishing, based on relevant "portions of `the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,'" that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. Celotex, 477 U.S. at 323, 106 S.Ct. 2548 (citing Fed. R.Civ.P. 56(c)). The mechanics of satisfying the initial burden vary depending upon which party, the movant or the nonmovant, bears the burden of proof at trial. See Fitzpatrick v. City of Atlanta, 2 F.3d 1112, 1115 (11th Cir.1993) (detailing the nature of the parties' responsibilities when preparing or defending against a motion for summary judgment).

Once this initial demonstration under Rule 56(c) is made, the burden of production, not persuasion, shifts to the nonmoving party. The nonmoving party must "go beyond the pleadings and by [his or] her own affidavits, or by the `depositions, answers to interrogatories, and admissions on file,' designate `specific facts showing that there is a genuine issue for trial.'" Celotex, 477 U.S. at 324, 106 S.Ct. 2548. In meeting this burden, the nonmoving party "must do more than simply show that there is some metaphysical doubt as to the material facts." Matsushita Elec. Indus. Corp. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). That party must demonstrate that there is a "genuine issue for trial." FED.R.CIV.P. 56(e); Matsushita, 475 U.S. at 587, 106 S.Ct. 1348; Anderson, 477 U.S. at 249, 106 S.Ct. 2505. An action is void of a material issue for trial "[w]here the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party." Matsushita, 475 U.S. at 587, 106 S.Ct. 1348.

III. FACTUAL BACKGROUND

The United States filed this civil forfeiture action on August 10, 2000, "seeking forfeiture of the Defendant property located at 7079 Chilton County Road 37, Clanton, Chilton County, Alabama, with all appurtenances and improvements thereon." (Mot. at 1.) The United States avers that the Defendant-property is subject to forfeiture pursuant to 21 U.S.C. § 881(a)(7). (Id.) Section 881(a)(7) provides, in part, for the forfeiture of certain real property, which was used, or intended to be used, in any manner, or part, to commit or to facilitate the commission of a felony controlled substance offense contained in 21 U.S.C. § 801 et seq.

The United States contends that the following facts and circumstances support the forfeiture of the Defendant-property: In December 1999, law enforcement agents received information from a confidential source ("CS") that Eddie R. Cleckler ("Cleckler"), Christopher W. Headley ("Chris Headley"; Cleckler's son-in-law), Pamela Jo Headley ("Pam Headley"; Chris Headley's wife and Cleckler's daughter), and Jeremy Allen Peters ("Peters") were distributing cocaine in the Chilton County, Alabama area.¹ (Compl.¶ 5.a.) The information revealed that Cleckler furnished Chris Headley with money to initially purchase the cocaine and Peters helped Chris Headley distribute the cocaine. (Id.) Law enforcement agents have an ongoing investigation that has verified the information received from the CS. (Id.)

On February 2, 2000, an undercover police officer ("UO") and the CS went to the residence of Chris and Pam Headley to purchase cocaine. (Id. at 5. b.) The Headleys were not there, so they proceeded to the residence of Cleckler, which is located on the Defendant-property. There, Pam Headley, in the presence of Cleckler, told the CS that the cocaine was at the residence of Chris and Pam Headley. (Id.) While at the Defendant-property, Pam Headley, with Cleckler still present, discussed getting someone who could cook "crack" cocaine for her. The UO and CS departed the Defendant-property and purchased approximately 25.1 grams of powder cocaine at the Headley residence.

On March 29, 2000, the CS called Cleckler, at the Defendant property and made arrangements to purchase "crack" cocaine. Later that same day, the UO and CS went to the Defendant-property and the CS purchased an unspecified amount of "crack" cocaine from Cleckler.

The claimants, Tracy and Lebra Cleckler, contend that based on the foregoing facts there is a genuine issue as to whether there is a substantial connection between the property and the alleged illegal transaction. (Resp. at 1.) Claimants further contend that they are innocent owners pursuant to 21 U.S.C. § 881(a)(7). (Id.) Finally, Claimants argue that this forfeiture amounts to an excessive fine in violation of the Eighth Amendment. (Id.)

IV. DISCUSSION

A. The United States' Burden

At the summary judgment stage, the burdens of production and persuasion in § 881 forfeiture proceedings are well established by statute and case law. See United States v. $121,100.00 in U.S. Currency, 999 F.2d 1503, 1505 (11th Cir.1993); United States v. One Parcel of Real Estate, 963 F.2d 1496, 1499 (11th Cir.1992). When the United States moves for summary judgment in a § 881 civil forfeiture action, the initial burden rests with the United States to establish probable cause to forfeit the property. See Four Parcels of Real Property, 941 F.2d at 1439. If the United States fails to establish probable cause, summary judgment for the United States is improper.² See id. at 1439 (citing United States v. Twenty (20) Cashier's Checks, Having the Aggregate Value of Two Hundred Thousand ($200,000) Dollars in U.S. Currency, 897 F.2d 1567, 1570 (11th Cir.1990)). Upon a demonstration of probable cause, the burden of proof shifts to the claimant. To satisfy her burden, the claimant must prove, by a preponderance of the evidence, that the property is not subject to forfeiture; i.e. not connected or related to unlawful drug activity. See Four Parcels of Real Property, 941 F.2d at 1438 (citations omitted); United States v. Lot 5, Fox Grove, Alachua County, Florida, 23 F.3d 359, 364 (11th Cir.1994) (interpreting § 881(a)(7)). If the claimant does not meet this burden, the property is forfeited to the United States. See id. at 1439.

Whether the United States has demonstrated probable cause is a question of law. See United States v. Four Million, Two Hundred Fifty-Five Thousand, 762 F.2d 895, 903 n. 17 (11th Cir.1985); United States v. $364.960 in U.S. Currency, 661 F.2d 319, 323 & n. 12 (5th Cir.1981).³ The Eleventh Circuit has interpreted the probable cause requirement as "probable cause to believe that a substantial connection exists between the property to be forfeited and an illegal exchange of a controlled substance."⁴ United States v. A Single Family Residence and Real Property, 803 F.2d 625, 628 (11th Cir.1986); see also $121,100.00, 999 F.2d at 1505; United States v. Real Property and Residence, 921 F.2d 1551, 1556 n. 8 (11th Cir.1991) (interpreting § 881(a)(7)). The United States is not required to "actually prove by a preponderance of the evidence a substantial connection to drug dealing," Four Parcels of Real Property, 941 F.2d at 1440 (quoting United States v....