Dillard v. Lauderdale Cnty.

1

EDWARD RAY “CHIP” DILLARD and TIMOTHY WYLIE STAGGS, Plaintiffs, v. LAUDERDALE COUNTY, ALABAMA, ANGIE KING HAMILTON, CHARLES “CHUCK” HEARN, and LESLIE SHEFFIELD, Defendants.

No. 3:21-cv-00295-HNJ

United States District Court, N.D. Alabama, Northwestern Division

March 31, 2022

MEMORANDUM OPINION AND ORDER

HERMAN N. JOHNSON, JR., UNITED STATES MAGISTRATE JUDGE

This action proceeds before the court on Defendants Angie King Hamilton, Charles “Chuck” Hearn, and Leslie Sheffield's Motions to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (Docs. 12, 14 16).^[1] Plaintiffs Edward Ray “Chip” Dillard and Timothy Wylie Staggs lodge three counts in their First Amended Complaint pursuant to 42 U.S.C. § 1983, and the court determines Defendants merit dismissal of them all. Count I's alleged facts fail to sustain a Fourth Amendment malicious prosecution claim contending Hearn tendered a criminal complaint lacking probable cause, or containing intentional misstatements or omissions material to a finding of probable cause. Therefore, Hearn deserves qualified immunity as to that claim. Defendants warrant absolute immunity against Count II's Fourth Amendment malicious prosecution claim for a sexual abuse charge against Dillard: any alleged unlawful detention arose from the Defendant's grand jury testimony, and Dillard has not alleged any other appropriate basis to hold Defendants liable for his detention. As for Count III Hamilton enjoys prosecutorial immunity against Plaintiffs' procedural due process claims regarding her alleged accession to the grand jury's determination of their bonds.

Therefore based upon the following discussion, the court GRANTS Defendants' Motions to Dismiss.

Standard of Review

Federal Rule of Civil Procedure 12(b)(6) permits a court to dismiss a complaint if it fails to state a claim for which relief may be granted. In Ashcroft v. Iqbal, 556 U.S. 662 (2009), the Court revisited the applicable standard governing Rule 12(b)(6) motions to dismiss. First, courts must take note of the elements a plaintiff must plead to state the applicable claims at issue. Id. at 675.

After establishing the elements of the claim at issue, the court identifies all well-pleaded, non-conclusory factual allegations in the complaint and assumes their veracity. Id. at 679. Well-pleaded factual allegations do not encompass mere “labels and conclusions, ” legal conclusions, conclusory statements, or formulaic recitations and threadbare recitals of the elements of a cause of action. Id. at 678 (citations omitted). In evaluating the sufficiency of a plaintiff's pleadings, the court may draw reasonable inferences in the plaintiff's favor. Aldana v. Del Monte Fresh Produce, N.A., Inc., 416 F.3d 1242, 1248 (11^th Cir. 2005).

Third, a court assesses the complaint's well-pleaded allegations to determine if they state a plausible cause of action based upon the identified claim's elements. Iqbal, 556 U.S. at 678. Plausibility ensues “when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged, ” and the analysis involves a context-specific task requiring a court “to draw on its judicial experience and common sense.” Id. at 678, 679 (citations omitted). The plausibility standard does not equate to a “probability requirement, ” yet it requires more than a “mere possibility of misconduct” or factual statements that are “merely consistent with a defendant's liability.” Id. (citations omitted).

BACKGROUND

Plaintiffs' First Amended Complaint presents the following well-pleaded fact allegations.

Dillard's Alleged Sexual Abuse of Sheffield

On August 18, 2015, Leslie Sheffield, a sergeant for the Lawrence County Drug Task Force, assisted the Lauderdale County Drug Task Force with an investigation of Plaintiffs for committing alleged human trafficking. (Doc. 5 at ¶ 9; Doc. 5-7 at 2-3).^[2]Sheffield assumed an undercover role as “Britney Wilson, ” an inmate arrested for drug manufacturing, and wore an audio recording device. (Doc 5 at ¶¶ 14, 108-10; Doc. 5- 7 at 2-3). Charles “Chuck” Hearn, an agent for the LCDTF, arranged for Sheffield to appear before Judge Carol Medley for a “staged” initial appearance with Judge Medley's knowledge and participation. (Doc. 5 at ¶¶ 8, 14, 108; Doc. 5-7 at 2-3). Before being transported to the courthouse, Sheffield's collaborators shackled her hands and feet. (Doc. 5 at ¶ 109; Doc. 5-7 at 3).

Plaintiff Edward Ray “Chip” Dillard, a criminal defense attorney unaware of the undercover operation, represented Sheffield at the staged proceeding. (Doc. 5 at ¶¶ 14, 109). Hearn acted as the investigator for the fictious drug manufacturing case. (Id.). Angie King Hamilton, the Chief Assistant District Attorney at the time, acted as the prosecutor for the case. (Id. at ¶¶ 7, 14, 109). At the initial appearance, Dillard stood immediately to the right of Sheffield, who stood shackled with her hands in front of her. (Id. at ¶ 109).

The audio recording device that Sheffield wore captured the entire proceeding. (Id. at ¶ 110). The device captured Dillard “discussing with Sheffield matters pertinent to her case and discussing with Judge Medley the lowering of Sheffield's bond amount.”

(Id. at ¶ 112). During the proceeding, Judge Medley handed Dillard a bond reduction order. (Id. at ¶¶ 111, 113). Dillard stated he would place the order into the breast pocket of Sheffield's jail uniform and Sheffield replied, “Okay.” (Id. at ¶ 113). The device then captured “a sound suggestive of paper being inserted into Sheffield's pocket.” (Id.). After the proceeding, Sheffield “casually talk[ed], jok[ed] and laugh[ed] with individuals whom she encounter[ed] as she exit[ed] the courtroom.” (Id. at ¶ 114).

Later that day, Sheffield drafted a report regarding the undercover operation. (Doc. 5 at ¶¶ 14, 117; Doc. 5-7 at 2-3). In her report, she alleged Dillard fondled her breast as he placed the bond reduction order into the breast pocket of her jail uniform. (Doc. 5 at ¶¶ 14, 111). Sheffield's report, in relevant part, reads as follows:

On August 18th, 2015, I Sgt. Lesley Sheffield, with the Lawrence County Drug Task Force, was assigned to assist Lauderdale County Drug Task Force with a Human Trafficking case. While assisting, I acted in the official capacity as an Undercover Employee.

During this investigation I was placed in the Lauderdale County jail as an inmate that had been arrested earlier in the morning hours on this date. Following my placement in the jail, a 72 hour hearing was arranged by the Agent Hearn.

Before I was transported to the courthouse by Jail Administration, I went through the procedure of being shackled, my hands were placed in front of me and my feet were shackled together.

We arrived at the courthouse, and I was escorted to the fourth floor of Judge Medleys [sic] courtroom.

I sat in the courtroom until Judge Medley entered, and then I stood before her. I exchanged a brief conversation with my attorney Chip Dillard, and [sic] the hearing began to take place. When the hearing was finished, I was give [sic] a copy of my paperwork from the Judge. Mr. Dillard took the paperwork, and folded it in half. He made a remark to the effect of, here I'll get that for you, and started trying to put the paper in a pocket that covered my left breast. He then put his hand down in the pocket with his palm facing my breast, and grabbed me several times as he was putting the paper in my pocket. When [Dillard] turned away from me I looked at Agent Chuck Hearn, who was sitting in the courtroom, to make sure I had a witness to this incident. I was shackled at the time this incident took place.

After the hearing I was escorted out of the courtroom and taken to the Sheriff's Officer, where I met with the other Agents involved in this case. They removed the shackles and a recording device that I had on me.

(Doc. 5 at ¶ 116; Doc. 5-7 at 2-3).

Subsequently, Hearn drafted and filed an “Agent's Memo” which included Sheffield's report.^[3] (Doc. 5 at ¶¶ 14, 111). The memo, in relevant part, reads as follows:

My name is Chuck Hearn. I am a Police Officer for the Florence Police Department, in Florence, Alabama. I am currently assigned as an Investigator for the Lauderdale County Drug Task Force. I have been in law enforcement for approximately sixteen (16) years.

On 08/18/2015 Sgt. Leslie Sheffield (Lawrence County DTF) was used as an undercover officer for an operation with Lauderdale County Drug Task Force. On this date, Sheffield met with “Chip” Dillard during her 72 hour hearing in front of Judge Medley. The visit was recorded with audio. I requested a report from Sgt. Sheffield on this incident. Due to the different ways agencies complete their reports I was unable to open her report. Sgt [sic] Sheffield then emailed me a narrative that she copied and pasted from her report. I then copied her narrative and included [sic] in this report.

(Doc. 5 at ¶ 117; Doc. 5-7 at 2).

On May 26, 2016, Hamilton brought charges against the Plaintiffs before a grand jury, which thereto issued a secret indictment and arrest warrants for Plaintiffs. (Doc. 5 at ¶¶ 5-6, 11, 27, 118-19, 180). Both Sheffield and Hearn testified before the grand jury as to Dillard's alleged fondling at the initial appearance, and based upon the testimony the indictment lodged a second-degree sexual abuse charge contending Dillard “intentionally subject[ed] another person to wit: L.S. a/k/a B.W., to sexual contact while the said L.S. a/k/a B.W. was incapable of consent.” (Doc. 5 at ¶¶ 118- 19; Doc. 5-1 at 4). Dillard avers Sheffield and Hearn rendered false statements as to the alleged fondling. (Doc. 5 at ¶¶ 125-29).

Further the grand jury charged Dillard with...