Hardy v. Town of Hayneville, Civ.A. 99-A-86-N.

50 F.Supp.2d 1176

Jeffery HARDY, Plaintiff, v. The TOWN OF HAYNEVILLE, Chief Edward Boyd, in his official and individual capacities, Clete Davis, in his official and individual capacities, and Mayor Joe Eddie Morgan, in his official and individual capacities, Defendants.

No. Civ.A. 99-A-86-N.

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

April 1, 1999.

Opinion on Reconsideration June 8, 1999.

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Arlene M. Richardson, Hayneville, AL, for Jeffery Hardy, plaintiff.

William R. Chandler, Bart Gregory Harmon, Webb & Eley, P.C., Montgomery, AL, for defendants.

MEMORANDUM OPINION AND ORDER

ALBRITTON, District Judge.

I. INTRODUCTION

This cause is before the court on the following motions, all filed on January 29, 1999:(1) Motion to Dismiss of Defendant Town of Hayneville; (2) Motion to Dismiss of Defendant Chief of Police Edward Boyd; (3) Motion for Partial Dismissal of Claims against Defendant Clete Davis; and (4) Motion to Dismiss of Defendant Mayor Joe Eddie Morgan. Plaintiff filed a response on February 19, 1999. Defendants filed a Consolidated Reply on February 26, 1999, at which time this matter came under submission.

II. MOTION TO DISMISS STANDARD

A court may dismiss a complaint for failure to state a claim only if it is clear that no relief could be granted under any set of facts that could be proven consistent with the allegations in the complaint. See Hishon v. King & Spalding, 467 U.S. 69, 73, 104 S.Ct. 2229, 81 L.Ed.2d 59 (1984); see also Wright v. Newsome, 795 F.2d 964, 967 (11th Cir.1986) ("[W]e may not ... [dismiss] unless it appears beyond doubt that the plaintiff can prove no set of facts in support of the claims in the complaint that would entitle him or her to relief.") (citation omitted). The court will accept as true all well-pleaded factual allegations and will view them in a light most favorable to the nonmoving party. Hishon, 467 U.S. at 73, 104 S.Ct. 2229. Furthermore, the threshold is "exceedingly low" for a complaint to survive a motion to dismiss for failure to state a claim. Ancata v. Prison Health Services, Inc., 769 F.2d 700, 703 (11th Cir.1985).

III. FACTS

The allegations of the Plaintiff's Complaint are as follows:

On or about July 28, 1998, Plaintiff Jeffery Hardy stood in front of the Red and White Grocery store in Hayneville, Alabama. With permission from storeowner Robert Harrell, Mr. Hardy was preaching the gospel and greeting people as they entered the store. Mr. Hardy was not obstructing the flow of traffic, nor was he harassing store customers.

Officer Clete Davis, an employee of the Town of Hayneville Police Department, made an investigatory stop in the parking lot of the Red and White Grocery Store. He observed Mr. Hardy talking to two store patrons. Without probable cause or reasonable suspicion, Officer Davis interrupted the conversation and told Mr. Hardy to leave the premises. Mr. Hardy asked why he had to leave, and Officer Davis did not respond. Mr. Hardy then proceeded to the back of the store to inform the storeowner that the officer was trying to make him leave.

Officer Davis followed Mr. Hardy to the back of the store, where he assaulted Mr. Hardy and battered him about the head and back. Officer Davis threw Mr. Hardy to the ground and struck his wrists repeatedly with unopened handcuffs while jamming his knee into Mr. Hardy's back. Officer Davis then placed Mr. Hardy under arrest, took him to the front of the store, opened the door to the police car, and kicked Mr. Hardy into the back seat. Mr. Hardy did not resist arrest, and Officer Davis never informed Mr. Hardy of the reasons for his arrest. Officer Davis transported Mr. Hardy to the county jail. Officer Davis charged Mr. Hardy with Failure to Obey a Police Officer and Resisting Arrest. Mr. Hardy subsequently was acquitted of both charges.

On or about August 15, 1998, the Council for the Town of Hayneville held a meeting to determine the employment status of Officer Davis. Chief of Police Edward Boyd recommended that Officer Davis be terminated. The council brought in witnesses in support of Officer Davis's continued employment, as well as witnesses to the assault and battery on Mr. Hardy. Mr. Hardy also was asked to attend the meeting. The council thereafter called an "Executive Session" and voted, in a secret proceeding, to retain Officer Davis. Mr. Hardy claims that the council's decision caused him severe emotional distress and an overwhelming fear of going out in public to preach the gospel.

Mr. Hardy has asserted numerous claims based on the Defendants' alleged conduct. Specifically, he alleges federal claims for deprivation of civil rights in violation of the Fifth, Eighth, and Fourteenth Amendments to the United States Constitution, unlawful arrest in violation of the Fourth and Fourteenth Amendments, false imprisonment in violation of the Sixth and Fourteenth Amendments, and violation of his First Amendment right to free speech. Additionally, Mr. Hardy asserts state law claims for assault and battery, false imprisonment, malicious prosecution, negligent hiring, intentional infliction of emotional distress, and wantonness. Defendant Clete Davis agrees that Plaintiff has stated a First and Fourth Amendment claim against him in his individual capacity, but requests that all other claims against him be dismissed. The other Defendants assert that all claims against them should be dismissed.

IV. DISCUSSION

A. Claims Under 42 U.S.C. § 1983

Plaintiff has sued the Town of Hayneville, Police Chief Edward Boyd, Clete Davis, and Mayor Joe Eddie Morgan under 42 U.S.C. § 1983. Section 1983 is not a source of federal rights. It is merely a means for vindicating constitutional and federal statutory rights, a means for an injured party to sue state officials who infringe upon those rights. Albright v. Oliver, 510 U.S. 266, 271, 114 S.Ct. 807, 127 L.Ed.2d 114 (1994). In any section 1983 lawsuit, the plaintiff must initially show that he was "deprived ... of a right secured under the Constitution or federal law" in order to recover. Willis v. University Health Services, Inc., 993 F.2d 837, 840 (11th Cir.1993), cert. den. 510 U.S. 976, 114 S.Ct. 468, 126 L.Ed.2d 420 (1993).¹ Plaintiff asserts that the conduct of the Defendants violated his constitutional rights secured by the First, Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments.

1. Official Capacity

Plaintiff sued Edward Boyd, Clete Davis, and Joe Eddie Morgan in their individual and official capacities. Defendants correctly note that the claims against the individual Defendants in their official capacities are treated as claims against the city. The Supreme Court has stated, "Official-capacity suits ... `generally represent only another way of pleading an action against an entity of which an officer is an agent.' As long as the government entity receives notice and an opportunity to respond, an official-capacity suit is, in all respects other than name, to be treated as a suit against the entity." Kentucky v. Graham, 473 U.S. 159, 165-66, 105 S.Ct. 3099, 87 L.Ed.2d 114 (1985) (citations omitted).

The Court further noted, "There is no longer a need to bring official-capacity actions against local government officials, for ... local government units can be sued directly for damages and injunctive or declaratory relief." Id. at 167 n. 14, 105 S.Ct. 3099; see also Pompey v. Broward County, 95 F.3d 1543, 1545 n. 2 (11th Cir.1996) (citing Kentucky v. Graham and treating claims against county administrators in their official capacity as claims against the county). Thus, the court finds that the Plaintiffs § 1983 claims against the individual defendants in their official capacities are due to be dismissed.

2. Sixth Amendment

The Plaintiff has brought a claim for violation of the Sixth Amendment. The Plaintiff alleges that Defendant Davis detained him against his constitutional right to be informed of the nature and cause of the accusation against him in violation of the Sixth and Fourteenth Amendments. Compl. ¶ 36. The Defendants move for the dismissal of this claim, arguing that the Sixth Amendment has no applicability under the facts in this case.

The Sixth Amendment of the United States Constitution requires that in every criminal prosecution the accused shall be informed of the nature and cause of the accusation against him or her. U.S. Const. amend. VI. "The Supreme Court has emphatically ruled that the Sixth Amendment is not implicated until adversarial judicial proceedings have been initiated." Little v. City of North Miami, 805 F.2d 962, 967 (11th Cir.1986) (citing United States v. Gouveia, 467 U.S. 180, 104 S.Ct. 2292, 81 L.Ed.2d 146 (1984)). The Supreme Court has identified five specific "adversary judicial criminal procedures" — a formal charge, preliminary hearing, indictment, information, or arraignment — which are starting points. See Kirby v. Illinois, 406 U.S. 682, 689, 92 S.Ct. 1877, 1882, 32 L.Ed.2d 411 (1972) (plurality opinion) (Stewart, J.) (cited in United States ex rel. Hall v. Lane, 804 F.2d 79, 82 (7th Cir. 1986)).

In the present case, Mr. Hardy asserts that Officer Davis arrested him and detained him in the county jail without informing him of the nature and cause of the accusations against him. Compl. ¶¶ 13, 14, 36. Mr. Hardy also states that he "was subsequently charged by Officer Davis with Failure to Obey a Police Officer and Resisting Arrest," the two charges for which he was prosecuted and acquitted. Compl. ¶ 15. Though Mr. Hardy may not have a Sixth Amendment right to notice of the charges against him at the time of arrest, see, e.g., Kladis v. Brezek, 823 F.2d 1014, 1018 (7th Cir.1987); Martin v. Malhoyt, 830 F.2d 237, 260-61 (D.C.Cir.1987), it is not clear from the factual allegations in the Complaint whether Mr. Hardy was informed of...