Jaudon v. Sasser

SHANESIA S. JAUDON, Plaintiff, v. ROBERT B. SASSER, for the Estate of Robert C. Sasser,MIKE THOMAS, TIMOTHY HOLLINGSWORTH, and MATTHEW J. DOERING,in their individual and official capacities; and GLYNN COUNTY, GEORGIA, Defendants.

CIVIL ACTION NO.: 2:17-cv-118

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA BRUNSWICK DIVISION

January 16, 2020

ORDER

This lawsuit arises out of the search of Plaintiff Shanesia S. Jaudon's residence and her subsequent arrest and prosecution. (Doc. 12.) Plaintiff alleges that Robert C. Sasser,¹ Mike Thomas, and Timothy Hollingsworth, in their official and individual capacities, searched her home without probable cause and later maliciously arrested and prosecuted her in violation of federal and Georgia law. (Doc. 12, pp. 4-37.) Plaintiff also alleges that Matthew J. Doering,² in hisindividual and official capacities, negligently failed to terminate Defendant Sasser's employment despite a pattern of unlawful behavior. (Id. at pp. 31-32.) Finally, Plaintiff contends Defendant Glynn County is liable for Doering's alleged inaction. (Id. at pp. 38-39.)

Presently before the Court is Defendants' Motion for Summary Judgment, (doc. 62). For the reasons set forth below, the Court finds that Plaintiff has failed to support any of her claims with enough evidence to survive summary judgment. Moreover, even if a genuine dispute of material fact existed as to the merits of Plaintiff's claims, Defendants would nonetheless be shielded by qualified, official, and/or sovereign immunity. Accordingly, the Court GRANTS Defendants' Motion for Summary Judgment, (doc. 62). The Court DIRECTS the Clerk of Court to enter the appropriate judgment of dismissal and to CLOSE this case.

BACKGROUND

I. Procedural History

Plaintiff filed this action on September 9, 2017, (doc. 1), and later filed an Amended Complaint, (doc. 12), alleging violations of her Fourth Amendment rights pursuant to 42 U.S.C. § 1983 and Georgia law. (Id.) Specifically, Plaintiff contends Defendant Sasser, an officer with the Glynn County Sheriff's Department, and Defendant Thomas, an officer with the Brunswick Police Department, lacked probable cause to search her home for Alton Brown—a non-party who was the subject of an active arrest warrant. (Id. at pp. 4-37.) Plaintiff alleges that, after the search, Sasser, Thomas, and Defendant Hollingsworth, another officer with the Glynn County Sheriff's Department, caused her arrest and prosecution based on feelings of ill-will. (Id.) Based on these allegations, Plaintiff asserts claims against Thomas, Sasser, and Hollingsworth for: effecting anunconstitutional search in violation of the Fourth Amendment (Count XII);³ false arrest in violation of the Fourth Amendment and Georgia law (Counts I, II); false imprisonment in violation of the Fourth Amendment and Georgia law (Counts III, IV); malicious arrest in violation of the Fourth Amendment and Georgia law (Counts V, VI); malicious prosecution in violation of the Fourth Amendment and Georgia law (Counts VII, VIII); and intentional infliction of emotional distress in violation of Georgia law (Count IX).⁴ (Doc. 12, pp. 4-37.)

Plaintiff further alleges that Defendant Doering was on notice that Sasser "had no problem violating other persons['] legal and constitutional rights" yet chose not to take remedial action, and that Defendant Glynn County endorsed Doering's decision. (Id. at pp. 31-32, 38-39.) As such, Plaintiff contends that Doering and the County are liable for Sasser's actions (Counts X, XIII).⁵(Id.) Plaintiff also asserts her intentional infliction of emotional distress claim against Doering (Count IX). (Id. at p. 29.) Finally, Plaintiff seeks attorney's fees pursuant to 42 U.S.C. § 1988 (Count XIV) and requests compensatory damages and punitive damages for each of her claims. (Id. at pp. 39-45.)

After an extended period of discovery, Defendants filed the at-issue Motion for Summary Judgment seeking dismissal of all of Plaintiff's claims. (Doc. 62.) Plaintiff then filed a Response, (doc. 71), and an Amended Response, (doc. 83), and Defendant filed a Reply, (doc. 76).

II. Factual Background

The events giving rise to this action took place during an eight-month period. On September 27, 2015, several Glynn County and City of Brunswick police officers conducted a search at Plaintiff's home located 508 Mack Street in Brunswick, Georgia. (Doc. 62-1, p. 5.) Prior to the search, a car belonging to the subject of an arrest warrant, Alton Brown, was located across the street from Plaintiff's residence. (Doc. 62-5, p. 2.) The arrest warrant listed 508 Mack Street as Brown's address. (Id. at p. 8.) Based on this information, officers asked Plaintiff for her permission to conduct a search because they believed that Brown was hiding inside her residence. (Id. at pp. 5-9.) Plaintiff declined to consent to the search, and the officers obtained a search warrant, ultimately locating Brown inside Plaintiff's bedroom. (Id. at pp. 8-9.) Plaintiff was subsequently arrested and indicted on criminal charges in connection with Brown's presence in her home. (Doc. 83, p. 3.) However, the criminal charges against Plaintiff were disposed of via entry of nolle prosequi in May 2016. (Doc. 71-5.) The relevant details from each of these events are described below.

A. Events Leading to the Search of 508 Mack Street

Plaintiff met Alton Brown approximately ten years ago. (Doc. 64, p. 26.) According to Plaintiff, she and Brown began to have relationship problems at some point in 2014. (Id. at pp. 74-76.) For example, on May 25, 2015, Plaintiff called the police when Brown tried to break into her residence at 508 Mack Street. (Id. at pp. 74-76.) Plaintiff told the responding officer, Officer Chapman, that she had instructed Brown "to leave several times but he [kept] returning to her residence." (Id. at p. 76.) According to Chapman's police report, Brown left the property before Chapman arrived but Plaintiff told Chapman that Brown was driving a "silver Nissan Altima with dark tinted windows and a Georgia wild life tag." (Doc. 62-2, p. 8.) Chapman located a car matching that description but did not find Brown. (Id.)

About three months later, on August 26, 2015, Officers Melendez, Gibson, Browning, and Lowther responded to a domestic dispute at the home of a woman named Jessica Thomas. (Id. at p. 3.) Thomas claimed that Brown threatened to kill her and her family. (Id.) While the officers spoke to Thomas, Brown ran out of the residence, and Browning and Lowther pursued him. (Id.) However, Brown evaded capture. (Id.) Two days later, a Glynn County Magistrate Court Judge signed two arrest warrants for Brown prepared by Officer Williams—one for willful obstruction of law enforcement officers and another for terroristic threats and acts. (Doc. 62-3, pp. 2-3.) The warrants listed Brown's "home address" as "1610 Mlk [sic] Blvd," property that Brown owns. (Id.; doc. 71-2, p. 2.) On September 11, Thomas told Officer Kapellers that Brown called her over twenty times despite having been instructed not to contact her, and Officer Haney used this information to obtain a third arrest warrant for Brown on September 14. (Doc. 62-2, pp. 4-5; doc. 62-4, p. 2.) This warrant listed Brown's home address as 508 Mack Street—Plaintiff's residence. (Doc. 62-4, p. 2.)

At some point before the morning of September 25, 2015, Defendant Sasser received information about Brown that ultimately led him to 508 Mack Street to locate Brown. (Doc. 62-8, pp. 2-3; see doc. 62-2, p. 3.) Sasser testified that he spoke with "a reliable confidential informant who told him that Brown was hiding out" at Plaintiff's house, and that a "concerned citizen" informed another officer that he saw Brown arrive at the residence. (Doc. 62-8, pp. 2-3.) According to Defendant Thomas, Sasser also represented that he was told Brown parked "his silver Nissan Altima at hotels near his ex-girlfriend's residence at 508 Mack Street and walk[ed] to the residence." (Doc. 65, pp. 20-21.) Sasser surveilled the area based on this information because part of his job "was to actively search for wanted fugitives in Glynn County," and Brown was classified as such. (Doc. 62-8, p. 2.) The surveillance revealed that Brown's car was indeed parked at "a hotel within walking distance of [Plaintiff's] residence," the Clarion Inn. (Id.; doc. 62-5, p. 2.) Sasser explained that this information led him to believe that Brown was at 508 Mack Street. (Doc. 62-8, p. 2.) Accordingly, he and at least one other officer went to Plaintiff's house around 8:30 a.m. on September 25. (Id.; doc. 62-2, p. 3; doc. 64, pp. 41-42.) After Plaintiff answered the door, the officers told her they were looking for Brown to execute a warrant for his arrest. (Doc. 62-9, pp. 2-3.) Plaintiff does not recall whether the officers explained why they thought Brown was inside her home. (Doc. 64, pp. 42-43.) Nevertheless, Plaintiff told the officers that Brown was not inside her house and that they could not search her home without a warrant. (Id. at p. 42; doc. 62-9, p. 3.)

The next day, September 26, Sasser contacted Defendant Thomas and his unit at the Brunswick Police Department and requested their assistance in serving an arrest warrant at 508 Mack Street. (Doc. 65, pp. 8-9.) Thomas remembers that "four or five" officers from his "group" responded and that a K9 city officer, Officer Condo, eventually joined them. (Id.) After Sasserapprised the officers of the situation, Thomas saw the "silver car" across the street at the hotel and verified that it belonged to Brown. (Id. at pp. 15-16.) The officers went to Plaintiff's residence later that day and spoke to her about Brown's arrest warrants for the second time.⁶ (Id. at pp. 52-53.) Plaintiff once again told the officers that Brown was not there and said they could only search the residence if they showed her a warrant. (Doc. 64, p. 44.) Thomas testified that as she spoke to the officers, Plaintiff "became very loud" and "bo...