Wilson v. Leeper
| Decision Date | 13 June 2019 |
| Docket Number | Case No. 3:17-cv-644-J-34JRK |
| Parties | RYAN DEXTER WILSON, Plaintiff, v. BILL LEEPER, in his official capacity as Sheriff of the Nassau County Sheriff's Office, a Law Enforcement Agency of the State of Florida, Defendant. |
| Court | U.S. District Court — Middle District of Florida |
THIS CAUSE is before the Court on the Defendant's Dispositive Motion for Summary Judgment (Doc. 24, Motion). On July 3, 2017, Plaintiff, Ryan Dexter Wilson, filed an Amended Complaint against Defendant, Bill Leeper, in his official capacity as Sheriff of the Nassau County Sheriff's Office, alleging federal and state claims arising out of Wilson's arrest and detention for arson and burglary. See Doc. 5 (Amended Complaint), filed July 3, 2017. After completing discovery, on October 3, 2018, Leeper filed this Motion.1 In response to the Motion, on November 15, 2018, Wilson filed his Amended Memoranda of Law Opposing Defendant Bill Leeper's Motion for Summary Judgment. See Doc. 40 (Amended Response).2 Accordingly, the matter is ripe for review.
Under Rule 56, Federal Rules of Civil Procedure (Rule(s)), "[t]he court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Rule 56(a). The record to be considered on a motion for summary judgment may include "depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials." Rule 56(c)(1)(A).3 An issue is genuine when the evidence is such that a reasonable jury could return a verdict in favor of the nonmovant. Mize v. Jefferson City Bd. of Educ., 93 F.3d 739, 742 (11th Cir. 1996) (quoting Hairston v. Gainesville Sun Publ'g Co., 9 F.3d 913, 919 (11th Cir. 1993)). "[A] mere scintilla of evidence in support of the non-moving party's position is insufficient to defeat a motion for summary judgment." Kesinger ex rel. Estate of Kesinger v. Herrington, 381 F.3d 1243, 1247 (11th Cir. 2004) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252 (1986)).
The party seeking summary judgment bears the initial burden of demonstrating to the court, by reference to the record, that there are no genuine issues of material fact to be determined at trial. See Clark v. Coats & Clark, Inc., 929 F.2d 604, 608 (11th Cir. 1991). "When a moving party has discharged its burden, the non-moving party must then go beyond the pleadings, and by its own affidavits, or by depositions, answers to interrogatories, and admissions on file, designate specific facts showing that there is a genuine issue for trial." Jeffery v. Sarasota White Sox, Inc., 64 F.3d 590, 593-94 (11th Cir. 1995) (internal citations and quotation marks omitted). Substantive law determines the materiality of facts, and "[o]nly disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment." Anderson, 477 U.S. at 248. In determining whether summary judgment is appropriate, a court "must view all evidence and make all reasonable inferences in favor of the party opposing summary judgment." Haves v. City of Miami, 52 F.3d 918, 921 (11th Cir. 1995) (citing Dibrell Bros. Int'l, S.A. v. Banca Nazionale Del Lavoro, 38 F.3d 1571, 1578 (11th Cir. 1994)).
On July 31, 2013, Wilson was arrested by members of the Nassau County Sheriff's Office and charged with three counts of second degree arson and two counts of burglary of a structure or conveyance. See Bass Affidavit at 20-21; Arson and Burglary Information at 1.5 After appearing in state court, Wilson was detained on a bond of $35,000, see First Appearance Hearing Notice at 1,6 and went to trial on these charges in May of 2014. See Bass Deposition at 79. A jury acquitted him of all charges. Id. at 80. Wilson subsequently brought the instant action against Leeper, in his official capacity as Sheriff of the Nassau County Sheriff's Office, alleging federal and state law claims arising from his unlawful arrest and detention. See Amended Complaint. The events leading up to Wilson's lawsuit against Leeper are set forth below:
During the Spring of 2013, a series of automobile arsons occurred at the Eastwood Oaks Apartment Complex (Eastwood Oaks), located in Hilliard, Florida.7 There were at least three different arson incidents at the apartment complex over a one month period, resulting in fire damage to at least nine vehicles, as well as other arsons and burglaries in the surrounding area during that same time frame. See Investigative Summary at 2, 3-4, 5. Joshua Bass, a Property Crimes Detective for the Nassau County Sheriff's Office, investigated the arsons and associated burglaries. See Bass Deposition at 27, 29, 30. In particular, on April 25, Bass was called to Eastwood Oaks to investigate the arson of three different vehicles. See Investigative Summary at 3. Then on April 29, another five vehicles suffered fire damage. Id. at 3-4. Finally, on May 28, another two vehicles were set on fire, along with some of the stairs at the apartment complex. Id. at 4.
Throughout his investigation, Bass and his associates were unable to gather any physical or DNA evidence from the crime scenes, and did not discover any evidence specifically indicating how the car fires were started. See Bass Deposition at 33, 35-36. Bass also was unable to identify any eye-witnesses to the arsons. Id. at 36-37. However, Bass did receive numerous tips from Eastwood Oaks residents and others relating to the arsons and suggesting potential suspects for the crimes. See Bass Investigative Summary at 4, 5, 6, 7, 8, 9-10. Bass investigated these tips and interviewed any number of individuals, including several potential suspects. Id. Nevertheless, after investigation, most of the reported tips did not result in Bass identifying the individual responsible for the arsons. Id.
Concerned about the ongoing arson threat to its community, Eastwood Oaks management donated $5,000 to the local Crime Stoppers organization in an effort to encourage individuals who might have information regarding the arsons to share that information with authorities. See Bass Deposition at 40, 58. Likewise, Crime Stoppers, a "private organization that offers reward money for tips leading to the arrest of criminal suspects," id. at 39, offered a reward of up to $1,000 for any tips related to the arson. Id. at 40. Finally, the Florida Advisory Counsel on Arson Prevention also contributed an additional $5,000 to help further the investigation. Id. at 58. Therefore, there existed a total reward of up to $11,000 for information about the fires at Eastwood Oaks. Bass testified that Bass Affidavit at ¶ 27. Moreover, Bass stated that while Crime Stoppers worked "hand in hand with law enforcement across the state to provide tips," Bass Deposition at 39-40, including tips to the Nassau County Sheriff's Office, it was not his understanding that the Nassau County Sheriff's Office "offer[ed] rewards for information or tips that [might] lead to an arrest, prosecution, and conviction of a suspect." Id. at 40.
Similarly, Greg Foster, supervising Captain of the Nassau County Sheriff's Office Administrative Services Division, testified "[w]hile certain private organizations such as Crime Stoppers or the Arson Tip Hotline may pass information onto law enforcement agencies, such as the Nassau County Sheriff's Office, the Nassau County Sheriff's Office has no control over those private organizations." Foster Affidavit at ¶ 9. Likewise, he confirmed that the Nassau County Sheriff's Office does not provide any funding to those organizations. Id. at ¶ 8. Foster nonetheless acknowledged that the Nassau County Sheriff's Office does maintain an Investigative Funds Policy to help further narcotics investigations. Id. at ¶ 5-6. The policy allows investigating officers to use funds to cover the costs for narcotics purchases, as well as to encourage otherwise reluctant confidential informants to provide investigators with information. Id. at 4-8. However, Foster testified that the fund was only used to further narcotics investigations, and not arson investigations. Id. at ¶ 6. Moreover, Foster stated that the "Nassau County Sheriff's Office did not offer money for information about the investigation in the Eastwood Oaks Apartment Complex Arsons." Id. at ¶ 7. Finally, Foster explained that it was "not a custom of [sic] practice of the Nassau County Sheriff's Office to provide witnesses with the contact information of private organizations who may provide financial rewards to individuals with information about unsolved crimes." Id. at ¶ 10.
On June 18, Bass received a phone call from Wendy Goodman, a resident of Eastwood Oaks, reporting that her boyfriend, Wilson, "had told her that he set the first set of vehicle fires at the apartments." Bass Investigative Summary at 7. Goodman further informed Bass that Wilson told her that he used a bag of potato chips to ignite the first vehicle. She also reported that one of the arson victims, Susan Gibson, had been in a traffic accident with Wilson in the prior year, for which Wilson was found at fault. Goodman reported to Bass that Wilson "was upset by this and had a problem with that victim." Id. See also Bass Affidavit at ¶ 11; id. at 21; Bass Deposition at 47, 50.
Wilson and Goodman grew up in the same town and were childhood friends. See Wilson Deposition, Doc. 36-1 at 14, 15. As youths, they had an "on and off" dating relationship, but eventually went their separate ways. Id....
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