Warth v. Gwinnett Cnty. Pub. Schs.

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David C. Warth, Plaintiff, v. Gwinnett County Public Schools, Gwinnett County School Police, Thomas Williamson, and Brittney Dewey, Defendants.

No. 1:23-cv-5072-MLB

United States District Court, N.D. Georgia, Atlanta Division

September 26, 2024

OPINION & ORDER

MICHAEL L. BROWN, JUDGE.

Defendant Brittney Dewey was Plaintiff's special education teacher at Brookwood High School from 2012 to 2014. (Dkt. 1-1 at 3 99-100.) In late 2014, she learned that Plaintiff-who suffered from autism spectrum disorder-had “lingering feelings [about] his time spent in special education.” (Dkt. 1-1 at 3, 100.) She met with him and the school principal to discuss the issue in February 2015. (Dkt. 1-1 at 100.) At the end of the meeting, Plaintiff said the discussion did not go “the way [he] planned.” (Dkt. 1-1 at 100.) The next day at school, Defendant Dewey noticed Plaintiff “loitering outside a trailer [she] taught in, . . . giving [her] a death stare.” (Dkt. 1-1 at 100.) She immediately notified a school administrator. (Dkt. 1-1 at 100-101.)

A few weeks later, Plaintiff's therapist called the school to report Plaintiff “wanted to kill” Defendant Dewey and had “made movement to find [her] at [her] place of employment.” (Dkt. 1-1 at 101.) Defendant Dewey obtained a copy of the therapist's notes, which said Plaintiff “fixated on [Defendant Dewey] as a specific target,” “wanted to kill [her],” and “spent little time discussing any other aspects of his life outside of [her] classroom.” (Dkt. 1-1 at 101.) Based on this, a court granted Defendant Dewey a one-year temporary protective order (“TPO”) against Plaintiff beginning March 2015. (Dkt. 1-1 at 61-62, 93, 102.) Plaintiff did not oppose the TPO. (Dkt. 1-1 at 63, 101-102.)

In September 2016, Plaintiff-now a college student-went to a CVS store and bought a fake beard, a fake mustache, a hairnet latex gloves, and a hat. (Dkt. 1-1 at 3-4, 61.) He put these things on-along with some sunglasses-and walked towards Brookwood High School, allegedly to obtain a copy of his school records. (Dkt. 1-1 at 4, 61-63.)

As he walked, a CVS employee and a passerby called the police to report Plaintiff's activity. (Dkt. 1-1 at 61, 103.)

A school security officer stopped Plaintiff at the back of Brookwood High School, “within feet of [Defendant Dewey's] personal vehicle” and “about 100 yards from [the] trailer where she teaches.” (Dkt. 1-1 at 4, 61, 93, 103.) Plaintiff tried to run, but the security officer chased him into an adjacent neighborhood where Defendant Thomas Williamson (a school resource officer) and other law enforcement officers soon arrived. The officers asked Plaintiff who he was and why he was at the school. (Dkt. 1-1 at 4.) Plaintiff did not respond. (Dkt. 1-1 at 4.) The officers then arrested Plaintiff, searched him, found his ID, and removed the items from his face and head. (Dkt. 1-1 at 4.) Defendant Williamson recognized Plaintiff, took over the arrest, notified Defendant Dewey, concluded Plaintiff came to see her, and obtained a warrant to arrest Plaintiff for stalking. (Dkt. 1-1 at 4, 103, 20.) Plaintiff bonded out of jail on the condition that he have no further contact with Defendant Dewey. (Dkt. 1-1 at 7.)

On December 13, 2016, the Gwinnett County Solicitor's Office charged Plaintiff with stalking Defendant Dewey, criminal trespass, and wearing a mask in public. (Dkt. 1-1 at 7, 39.) Defendant Dewey obtained another TPO against Plaintiff on January 31, 2017. (Dkt. 1-1 at 7.) Less than a week later, on February 6, 2017, Defendant Dewey received an anonymous email instructing her to dismiss “all of [her] civil and criminal cases”-including any “specific court orders [she] currently ha[d] in place”-and “never . . . take legal/police/state action again for the rest of [her] life.” (Dkt. 1-1 at 8, 45-51.) The email repeatedly said Defendant Dewey-or someone “important” to her-would “be dead within 24 hours” if she told anyone about the email or did not comply. (Dkt. 1-1 at 45.) The email also said “[w]e are an independent group who handles legal situations like the one you've caused,” “[t]he defendants and respondents in your cases have not requested these services from us,” “[t]his message was not sent by these respondents and defendants,” and “[w]e have chosen to do what we feel is best for these people.” (Dkt. 1-1 at 47.) The email concluded by warning Plaintiff to “consider just how closely you're actually being watched” and referencing “a photo we took of you in the Walmart parking lot next to your house.” (Dkt. 1-1 at 51.) Plaintiff alleges he had nothing to do with this email. (Dkt. 1-1 at 9.)

Defendant Dewey immediately took the email to Defendant Williamson, who-without further investigation-concluded Plaintiff wrote it. (Dkt. 1-1 at 9.) At Defendants' request, the Gwinnett County Solicitor's Office filed a motion to revoke Plaintiff's bond based on the email. (Dkt. 1-1 at 10-11.) Before the court could rule on that motion, Plaintiff pled guilty to the three charges against him (stalking, trespass, and wearing a mask) and was sentenced to 90 days in jail plus probation. (Dkt. 1-1 at 11, 53-70.)^[1]

Over the next week, Defendant Williamson and other law enforcement officers executed search warrants at Plaintiff's college dorm room, Plaintiff's college IT Department, and Plaintiff's family home (twice). (Dkt. 1-1 at 12-16, 72, 78-79.) The officers seized more than 20 electronic devices, searched them, obtained other information from Plaintiff's college IT Department, and spoke to Plaintiff's neighbors, but found nothing that linked Plaintiff to the anonymous email. (Dkt. 1-1 at 12-16, 72, 78-79.) While Defendant Williamson believed the email was sent using a “TOR browser” (that would make it hard to trace), college IT records revealed Plaintiff “did not use TOR on the date the anonymous email was sent.” (Dkt. 1-1 at 16, 72.)

On February 21, 2017, Defendant Williamson wrote in an internal police report that “no new evidence has been located that directly links [Plaintiff] with the e-mail that was sent to [Defendant Dewey].” (Dkt. 1-1 at 78-79.) He concluded, “[t]his case will remain pending until further evidence surfaces to move the case forward.” (Dkt. 1-1 at 79.) No further evidence surfaced. (Dkt. 1-1 at 16.) But Defendant Williamson did not let the case “remain pending.” Instead, on March 17, 2021, he applied for a warrant to arrest Plaintiff for aggravated stalking, ostensibly based on the theory that Plaintiff sent the email to Defendant Dewey. (Dkt. 1-1 at 16-17, 81.) A magistrate judge issued the requested warrant, and law enforcement arrested Plaintiff on March 24, 2017. (Dkt. 1-1 at 17, 81, 93.) Law enforcement obtained an indictment in June 2017, charging Plaintiff with two counts of aggravated stalking (presumably for sending the email to Defendant Dewey and for following her at a Walmart store as detailed in the email) and one count of influencing a witness (presumably for making the threats in the email). (Dkt. 1-1 at 17, 81, 93.) As a result of his arrest and indictment, Plaintiff remained in jail even after he completed his 90-day sentence for the September 2016 incident. (Dkt. 1-1 at 17.)

Plaintiff later withdrew his guilty plea for the September 2016 incident and asked to be released on bond for the charges arising from the February 2017 email. (Dkt. 1-1 at 18, 86.) The court denied his requests. (Dkt. 1-1 at 18.) Defendant Dewey testified in opposition to Plaintiff's requests and “constantly pressured and influenced” the District Attorney's Office to oppose them as well. (Dkt. 1-1 at 18.) The court finally released Plaintiff on bond in January 2021 after more than three years in pretrial custody. (Dkt. 1-1 at 18, 91, 93.)

In November 2021, the District Attorney's Office moved to dismiss all charges arising from the September 2016 incident and the February 2017 email. (Dkt. 1-1 at 19.) Defendant Dewey testified in opposition to the motion. (Id.) The court granted the motion and dismissed all charges. (Id.)

Two years later, Plaintiff filed this lawsuit against Defendant Williamson, Defendant Dewey, Defendant Gwinnett County School Police (Defendant Williamson's employer), and Defendant Gwinnett County Public Schools (Defendant Dewey's employer). (Dkt. 1-1.) Plaintiff's complaint asserts federal claims for false arrest (Count 1), malicious prosecution (Counts 2 and 7), and conspiracy (Count 11). Plaintiff also asserts state-law claims for false imprisonment (Count 3), malicious prosecution (Counts 4 and 9), intentional infliction of emotional distress (Counts 5 and 10), false arrest (Count 8), conspiracy (Count 11), and punitive damages (Counts 6 and 12). All these claims arise from Plaintiff's arrest in September 2016 (for visiting the school) and his arrest in March 2017 (for sending the email). Defendant Williamson and the County Defendants move to dismiss. (Dkts. 4; 5; 6.) Defendant Dewey also moves for judgment on the pleadings. (Dkt. 11.) The Court grants the County Defendants' motion in full, Defendant Dewey's motion in full, and Defendant Williamson's motion in part.

I. Standard of Review

“To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. This requires more than a “mere possibility of misconduct.” Id. at 679. Plaintiff's well-pled allegations must “nudge[] [his] claims across the line from conceivable to plausible.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007).

A motion for judgment on the...