Walters v. City of Andalusia

• Decision Date: 16 February 2000
• Docket Number: No. Civ.A. 98-D-540-N.,Civ.A. 98-D-540-N.
• Citation: 89 F.Supp.2d 1266
• Parties: David Henry WALTERS, Plaintiff, v. The CITY OF ANDALUSIA, et al., Defendants.
• Court: U.S. District Court — Middle District of Alabama

89 F.Supp.2d 1266

David Henry WALTERS, Plaintiff, v. The CITY OF ANDALUSIA, et al., Defendants.

No. Civ.A. 98-D-540-N.

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

February 16, 2000.

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John S. Hooper, Montgomery, AL, for plaintiff.

Allison L. Alford, Montgomery, AL, for defendants.

MEMORANDUM OPINION AND ORDER

DE MENT, District Judge.

Before the court is the Motion For Summary Judgment filed on December 9, 1999, by Defendants City of Andalusia, James E. Beaman and Kenny Wheeler ("City," "Beaman" and "Wheeler," respectively, "City Defendants," collectively). The City Defendants filed a Brief In Support ("City Br.") on December 9, 1999 and a Supplemental Submission on December 10, 1999. Plaintiff David Henry Walters ("Plaintiff") filed a Response ("Resp. To City Mot.") on December 29, 1999. The City Defendants filed a Reply Brief ("City Reply") on January 5, 2000.

Also before the court is the Motion For Summary Judgment, filed December 21, 1999, by Defendants Edward Pace, Debra Pace and O.L.S., Inc./American Forum Publishing, Inc. ("Mr. Pace," "Mrs. Pace," "O.L.S.," respectively, "Pace Defendants," collectively). The Pace Defendants filed a Memorandum Brief ("Pace Br.") and Evidence In Support Of Motion For Summary Judgment on December 22, 1999. Plaintiff filed a Response ("Resp. To Pace Mot.") on January 18, 2000. The Pace Defendants filed a Reply ("Pace Reply") on January 25, 2000. Plaintiff filed a Supplement To Plaintiff's Response on February 14, 2000.

After careful consideration of the arguments of counsel, the relevant law, and the record as a whole, the court finds that the City Defendants' Motion For Summary Judgment is due to be granted in part and denied in part. The court further finds that the Pace Defendants' Motion For Summary Judgment on Plaintiff's federal claims against them is due to be granted and that Plaintiff's state law claims against the Pace Defendants are due to be dismissed without prejudice.

JURISDICTION AND VENUE

The court properly exercises subject matter jurisdiction over this action, pursuant to 28 U.S.C. § 1331 (federal question jurisdiction), 42 U.S.C. § 1983 (The Civil Rights Act of 1871, as amended) and 28 U.S.C. § 1367 (supplemental jurisdiction). The Parties do not contest personal jurisdiction or venue.

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. 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. Co. 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 non-moving party." Matsushita, 475 U.S. at 587, 106 S.Ct. 1348.

PROCEDURAL HISTORY AND FACTUAL BACKGROUND

In 1994, Mr. and Mrs. Pace formed O.L.S., in part, for the purpose of publishing a newspaper called The Covington Times-Courier ("Covington Times"). (Pl.'s Dep. at 54; Mr. Pace Aff. at 1.) Thereafter, Mr. Pace, the President of O.L.S., hired Jim Walker ("Walker") as the editor of the Covington Times. (Id. at 54.) The Covington Times was a weekly newspaper published in Andalusia, Alabama. (Mr. Pace Aff. at 1.)

On May 9, 1996, Mr. Pace sold the publishing rights to the Covington Times to Walker as President of E.M.A.X. Publications ("E.M.A.X."). (Pl.'s Dep. at 278; City Br., Ex. 2; Mr. Pace Aff. at 1.) The conditions of sale are embodied in a Contract For Sale Agreement ("Contract"). (City Br., Ex. 2.) The Contract provides that "O.L.S. [ ] agrees to rent the rights, along with all privileges and copyrights, including but not limited to, the [Covington Times]," to E.M.A.X. (Id.) The rent provisions of the Contract require E.M.A.X. to pay a non-refundable $5,000 down payment and monthly payments of $600 for a term of sixty months. (Id.) The Contract also contains two options to purchase, once after twelve months and again after sixty months. (Id.)

Shortly after Walker entered into the Contract, he was injured in an automobiletrain collision. (Pl.'s Dep. at 53, 61-62, 277; Walker Aff. ¶ 4.) The injuries he sustained from the collision rendered him "physically unable" to continue publishing the Covington Times. (Walker Aff. ¶ 4.)

Plaintiff, who is Walker's cousin, expressed an interest in taking over the publication of the Covington Times. Walker agreed, and thus, in June 1996, Plaintiff and Walker entered into an Assignment Of Contract Or Agreements ("Assignment") (Pl.'s Dep. at 51, 277; City Br., Ex. 1; Walker Aff. ¶ 5.) The Assignment provides that Walker, doing business as E.M.A.X., "irrevocably set[s] over and assign[s] all [his] right[s], title and interest" in the Contract to Plaintiff. (City Br., Ex. 1.) Under the Assignment, Plaintiff agreed to pay $5,500 "less all outstanding payables due from June 1, 1996 to date." (Id.)

According to Plaintiff, the Assignment and Contract allowed him to use the Pace's office to publish the Covington Times and transferred "ownership" to Plaintiff of all "files and equipment" of the Covington Times.¹ (Pl.Aff. ¶ 4.) The Pace's office was located on East Three Notch Street in Andalusia, Alabama. (Id. ¶¶ 4, 7.) Plaintiff intended to use the Pace's office temporarily before moving the operation of the Covington Times to a rented office on 201 South Three Notch Street. (Id. ¶ 4; Walker Aff. ¶¶ 3, 8.)

Plaintiff published his first and only edition of the Covington Times on June 26, 1996. (Pl.Aff.¶ 6.) In this edition, he wrote an editorial criticizing the City's mayor and chief of police about the "reconstruction of the town square," which had become a "controversial issue." (Id.; O'Neal Aff. ¶¶ 3-4.²) In the same editorial, Plaintiff also "suggested" that the chief of police resign.³ (Pl.Aff.¶ 6.) At all pertinent times to this action, the mayor was Paul Armstrong, and the chief of police was Jerry Williamson. (Mayor Aff. ¶ 1; Chief of Police Aff. ¶ 1.)

As a result of this editorial, the Paces "became hostile" and on June 27, 1996 "ordered" Plaintiff "out of their office," where the Covington Times was published. (Id. ¶ 7.) Although Plaintiff left at that time, he "came back" that night "when the office was closed." (Id.) Plaintiff did not have a key to the Pace's office.⁴ (Pl.'s Dep. at 284.) However, he was able to enter the office through the back doors by sliding a piece of tin through a gap between the doors. By doing this, Plaintiff was able to dislodge a 2' × 4' piece of wood, which was braced horizontally on the inside of the doors. (Id. at 102-105.) After entering, Plaintiff "removed all files and equipment [he] considered being part of the purchase of the [Covington Times]." (Pl.Aff.¶ 7.) Among the items Plaintiff took was a computer system used to publish the Covington Times. Plaintiff took the items to his rented office at...