TERRY F. MOORER, Magistrate Judge.
In this 42 U.S.C. § 1983 action, James L. Robinson ["Robinson"], a frequent litigant in this court, challenges the constitutionality of his arrests on December 23, 2010 for public intoxication and use of a false identity to obstruct justice. Complaint — Doc. No. 1 at 3. Specifically, Robinson complains that William Kaufman, an officer with the Dothan Police Department, subjected him to a warrantless arrest for these offenses absent probable cause. Id. ("Robinson ... was unlawfully and illegally arrested for public intoxication and obstruction of justice, where officers had no probable cause for said charges to be filed, when the elements did not exist for said charges."). Robinson further asserts that Kaufman and another officer, Timothy Wiggins, conspired with a convenience store clerk to bring about his arrests. Id. at 4. Robinson seeks declaratory and injunctive relief for the alleged violations of his constitutional rights. Id. at 7.
The defendants filed a special report, supplemental special report and supporting evidentiary materials addressing Robinson's claims for relief. Pursuant to the orders entered herein, the court construes the aforementioned reports as a motion for summary judgment. Order of September 27, 2011 — Doc. No. 11. Thus, this case is now pending on the defendants' motion for summary judgment. Upon consideration of this motion, the evidentiary materials filed in support thereof and the plaintiff's responses, the court concludes that the defendants' motion for summary judgment is due to be granted.
"Summary judgment is appropriate `if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show there is no genuine [dispute] as to any material fact and that the moving party is entitled to judgment as a matter of law.'" Greenberg v. BellSouth Telecomm., Inc., 498 F.3d 1258, 1263 (11th Cir. 2007) (per curiam) (citation to former rule omitted); Fed.R.Civ.P. Rule 56(a) ("The 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.").
The defendants have met their evidentiary burden and demonstrated the absence of any genuine dispute of material fact. Thus, the burden shifts to the plaintiff to establish, with appropriate evidence beyond the pleadings, that a genuine dispute material to his case exists. Clark v. Coats & Clark, Inc., 929 F.2d 604, 608 (11
Beard v. Banks, 548 U.S. 521, 530, 126 S.Ct. 2572, 2578, 165 L.Ed.2d 697 (2006) (internal citation omitted). Consequently, to survive the defendants' properly supported motion for summary judgment, Robinson is required to produce "sufficient [favorable] evidence" which would be admissible at trial supporting his claims of constitutional violations. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249 (1986); Rule 56(e), Federal Rules of Civil Procedure. "If the evidence [on which the nonmoving party relies] is merely colorable ... or is not significantly probative ... summary judgment may be granted." Id. at 249-250. "A mere `scintilla' of evidence supporting the opposing party's position will not suffice; there must be enough of a showing that the [trier of fact] could reasonably find for that party. Anderson v. Liberty Lobby, 477 U.S. 242, 106 S.Ct. 2505, 2512, 91 L.Ed.2d 202 (1986)." Walker v. Darby, 911 F.2d 1573, 1576-1577 (11
For summary judgment purposes, only disputes involving material facts are relevant. United States v. One Piece of Real Property Located at 5800 SW 74
Although factual inferences must be viewed in a light most favorable to the nonmoving party and pro se complaints are entitled to liberal interpretation by the courts, a pro se litigant does not escape the burden of establishing by sufficient evidence a genuine dispute of material fact. Beard, 548 U.S. at 525, 126 S.Ct. at 2576; Brown v. Crawford, 906 F.2d 667, 670 (11
On December 23, 2010, at approximately 11:30 p.m., Robinson entered a convenience store in Dothan, Alabama. The store clerk determined that Robinson fit the description of an individual who on two previous occasions stole merchandise from the store. The store clerk locked Robinson inside the store, called the Dothan Police Department and advised law enforcement officials of the potential that Robinson was the individual involved in the prior thefts of merchandise from the store. Robinson demanded that the clerk open the door so that he could exit the building but the clerk denied this request. Plaintiff's Response Affidavit — Doc. No. 24-1 at 2. Robinson became agitated and began to undertake whatever means necessary to gain his release from the store, including kicking the door and attempting to pry open the door with an ice scoop. Id. When Robinson ascertained that the clerk had contacted law enforcement officials "he went behind the check out counter" and verbally confronted the clerk. Id. at 3. Robinson then went to "the entrance exit door [standing] with his arms folded, and awaited on the law officials [to arrive]." Id.
Upon receiving information from a dispatcher regarding the call from the store clerk in which the clerk reported a possible theft in progress, officers Kaufman and Wiggins proceeded to the convenience store. While en route to the store, the dispatcher informed the officers that the suspect was locked in the store and provided them with a description of the suspect as "a black man wearing a black jacket, blue shirt and blue jeans. Dispatch then advised [the officers that the store clerk reported] the suspect was kicking the door, obtained an ice scoop and was hitting the door and had a box cutter on his belt." Defendants' Exhibit 1 to the Special Report — Doc. No. 7-1 at 2. Upon arriving at the scene, Kaufman could not see in the door due to a vehicle blocking his view. During his approach to the store, Kaufman had his "weapon out and could see and hear the suspect in the store yelling, throwing items and acting irate. [The suspect] was holding the handle of an aluminum ice scoop in his hand. The door to the store was locked. From outside the store I ordered the suspect to the ground and he complied. The store clerk then unlocked the door and I entered the store. For may safety I handcuffed the suspect until I could determine what was going on. The clerk informed me the suspect had been in the store on two prior occasions and was suspected of theft. The suspect had left the store before the police could arrive on the prior occasions [of the thefts which had occurred at the store]." Id. Kaufman questioned the store clerk about what had transpired that night prior to his arrival at the store and the clerk advised that no thefts or attempted thefts had occurred.
After speaking with the store clerk, Kaufman attempted to obtain Robinson's "side of the story" at which time the officer recognized Robinson as an individual involved in a traffic stop conducted the previous night, December 22, 2009, in which Robinson was a passenger in the stopped vehicle. Id. During the traffic stop, Kaufman obtained a name and other pertinent information from Robinson.
While speaking with the suspect, Kaufman observed that "Mr. Robinson had a very strong odor of alcohol on him; he was slurring his speech and admitted he had consumed four beers. Mr. Robinson appeared intoxicated and based on my prior law enforcement experience and my personal observation of Mr. Robinson yelling, throwing things in the store and his disorderly behavior when I arrived, I believed he was intoxicated to the point he could endanger himself, other persons or property or by boisterous and offensive conduct annoy other persons in his vicinity, in violation of Alabama Code § 13A-11-10 (1975). I told Mr. Robinson he was under arrest for public intoxication." Defendants' Exhibit 1 to the Special Report (Affidavit of William Kaufman) — Doc. No. 7-1 at 3; Defendants' Exhibit 2 to the Special Report (Affidavit of Timothy Wiggins) — Doc. No. 7-2 at 2 ("The suspect was unsteady on his feet had slurred speech and appeared to be intoxicated. ... Officer Kaufman told me the suspect was being charged with public intoxication and I took the suspect to my car to secure him and await transport to the jail.").
Robinson does not dispute the observations made by Kaufman and Wiggins regarding his emission of a strong odor of alcohol, use of slurred speech and unsteadiness on his feet nor does Robinson deny that he had been drinking on the night in question or that the store clerk reported his disruptive behavior inside the store to law enforcement officials. Robinson, however, asserts that he does not believe Kaufman actually observed his disruptive actions inside the store because, to his knowledge, he was not engaged in this behavior when Kaufman arrived at the store. Plaintiff's Response — Doc. No. 24 at 2; Plaintiff's Response Affidavit — Doc. No. 24-1 at 3. Robinson hypothesizes that when Kaufman initially entered the store he did solely under the impression that a possible theft had occurred and, based on these circumstances, the "intent was to arrive and complete [his] very mental thought — the intent to arrest" and although Kaufman stated he handcuffed Robinson for "security precautions ... once he restrained Robinson his mental intent [to arrest Robinson for theft] was done[,]" even though Kaufman made no actual statement regarding arrest at that precise time. Plaintiff's Response Affidavit — Doc. No. 24-1 at 4. Robinson asserts that since Kaufman had information regarding a possible theft from the dispatcher his "sole intent [to arrest] was done when he placed handcuffs [on] and restrained [Robinson] to get his evidence for the theft. ..." Id. at 5. Robinson alleges that the initial detention, though not actually identified as an arrest, nevertheless constituted a full arrest because Kaufman entered the store with the intent "to complete said arrest for theft. ..." Id. at 5. Robinson maintains that once Kaufman determined that no theft or attempted theft had occurred on the night in question Kaufman then, for the first time, advised Robinson he was "under arrest" and identified the offense underlying the arrest as "public intoxication." Id.
Robinson complains that he should not have been arrested for public intoxication as, in his opinion, he did not "pose a danger to the store clerk," he did not harm himself nor was he threatening or annoying anyone. Id. at 7. Notably, Robinson concedes that he acted disruptively while inside the store, approached the clerk behind the counter in a physically intimidating manner, verbally accosted the clerk and damaged store property while attempting to exit the store. He likewise does not dispute the officers' assertions that he admitted consuming alcohol prior to entering the store, smelled of alcohol, spoke with slurred speech and was unsteady on his feet.
After the officers secured Robinson in Wiggins' patrol unit, Kaufman went to his vehicle and began preparation of an arrest report. In order to complete this report, Kaufman "entered the name `Clarence Robinson' in [the] in-car computer and pulled up the driver's license photograph associated with this name and it did not match the Mr. Robinson [currently] detained. I had not checked [Robinson's] photograph the night before when I had contact with him, I simply checked for warrants on the name he gave me. I confronted Mr. Robinson about using a false name and [the other inaccurate] information he had given me and he admitted he gave me his brother's name and a false date of birth and social security number. He [then] told me his name was `James Robinson.' When I checked the name `James Robinson,' the photograph [for this individual] matched and it showed an outstanding fugitive warrant from the Department of Corrections for a parole violation and two outstanding warrants from the Dothan Municipal Court [for failure to appear on two separate traffic violations]. Mr. James Robinson was then arrested on the three outstanding warrants. [Based on the evidence in my possession, I believed that] Mr. Robinson lied to me about [his] identity to avoid being arrested on the warrants therefore I arrested him for the felony charge of using a false identity to obstruct justice under Ala. Code § 13A-8-194 (1975)."
On March 1, 2011, a grand jury for Houston County issued a two count indictment against Robinson for use of a false identity to obstruct justice and public intoxication. Defendants' Exhibit 5 to the Special Report — Doc. No. 7-5 at 1. On July 23, 2012, the felony charge of obstructing justice by using a false identity was amended to a misdemeanor charge of giving a false name to a law enforcement officer. On July 26, 2012, Robinson entered guilty pleas to giving a false name to law enforcement officials and public intoxication. Defendants' Exhibit 1 to the Supplemental Special Report — Doc. No. 40-1 at l-2; Defendants' Exhibit 2 to the Supplemental Special Report — Doc. No. 40-2 at l-2.
To the extent Robinson complains Kaufman illegally detained him while obtaining information relative to the incident at the convenience store, this claim provides no basis for relief. "The Fourth Amendment is not, of course, a guarantee against
Under Terry and its progeny, police can briefly detain a person for investigative purposes if the officer has "a reasonable suspicion, grounded in specific and articulable facts, that a person they encounter was involved in ... [criminal activithy]. ..." United States v. Hensley, 469 U.S. 221, 229 (1985).
United States v. Pack, 612 F.3d 341, 352 (5
United States v. Glover, 957 F.2d 1004, 1009-1010 (2
The circumstances of this case, taken as a whole, are sufficient to demonstrate that Officer Kaufman had reasonable suspicion to detain Robinson at the time Kaufman entered the convenience store. Specifically, the store clerk had provided law enforcement officials information regarding possible criminal activity by Robinson and had detained Robinson in the store prior to the officers' arrival at the scene. Kaufman observed Robinson inside the store acting in a disorderly manner, i.e., yelling and throwing objects. Defendants' Exhibit 1 to the Special Report (Affidavit of William Kaufman) — Doc. No. 7-1 at 3. It is likewise clear that Kaufman pursued his investigation in a reasonable and diligent manner as he placed Robinson under arrest for public intoxication within a few minutes of the initial detention. "Clearly this case does not involve any delay unnecessary to the legitimate investigation of the law enforcement officers. [Robinson] presented no evidence that the officers were dilatory in their investigation. ..." Sharpe, 470 U.S. at 688. The defendants are therefore entitled to summary judgment on the initial detention claim.
Robinson complains that Kaufman subjected him to illegal arrests for public intoxication and obstruction of justice by use of a false identity. Under the circumstances of this case and well established law, this claim is without merit.
"An arrest without a warrant and lacking probable cause violates the Constitution and can underpin a § 1983 claim, but the existence of probable cause at the time of arrest is an absolute bar to a subsequent constitutional challenge to the arrest. Case v. Eslinger, 555 F.3d 1317, 1326-27 (11
Upon review of the evidentiary materials filed in this case, the court concludes that Officer Kaufman had probable cause to arrest Robinson for public intoxication and, subsequently, obstruction of justice for using a false identity. Initially, when Kaufman actually placed Robinson under arrest for public intoxication, Kaufman had knowledge of information which established probable cause to arrest Robinson for this offense. Specifically, the dispatcher had provided Kaufman details with respect to Robinson's actions inside the convenience store, Kaufman had previously observed Robinson acting in a disruptive manner and, upon speaking with Robinson, Kaufman smelled alcohol emanating from Robinson and Robinson's speech was slurred. With respect to the arrest for obstruction of justice, Kaufman had information within his possession which demonstrated that Robinson previously provided false information to him regarding Robinson's identity. Based on the facts available to him, Kaufman deduced that Robinson, in providing this false information, was attempting to avoid arrest on the outstanding warrants which had been issued against him. In light of the foregoing, summary judgment is due to be granted in favor of the defendants on the illegal arrest claim.
Robinson asserts that the defendants conspired with the convenience store clerk to effectuate his arrests for public intoxication and obstruction of justice by use of a false identity. Complaint — Doc. No. 1 at 4. "Conspiring to violate another person's constitutional rights violates section 1983. Dennis v. Sparks, 449 U.S. at 27, 101 S.Ct. at186 (1980); Strength v. Hubert, 854 F.2d 421, 425 (11
The defendants deny that they conspired to obtain Robinson's arrests and maintain that his arrests were based on the facts and circumstances available at the time of the arrests. The court has carefully reviewed the pleadings filed by the plaintiff. There is a total lack of evidence to support Robinson's suppositious theory that the defendants engaged in conspiratorial acts against him. Specifically, Robinson has failed to present any evidence which demonstrates that the defendants "reached an understanding" to violate his rights or committed an "actionable wrong to support the conspiracy." Bailey, 956 F.2d at 1122; Bendiburg, 909 F.2d at 468. At best, Robinson's assertions are self-serving, purely conclusory allegations which fail to assert those material facts necessary to sufficiently plead a conspiracy between the defendants and the store clerk. Harvey, 949 F.2d 1133; Fullman, 739 F.2d at 556-557. Consequently, Robinson has failed to produce any probative evidence of a conspiracy and summary judgment is therefore due to be granted in favor of the defendants on this claim. Bailey, 956 F.2d at 1122.
Accordingly, it is the RECOMMENDATION of the Magistrate Judge that:
1. The defendants' motion for summary judgment be GRANTED.
2. This case be dismissed with prejudice.
3. Judgment be GRANTED in favor of the defendants.
4. No costs be taxed herein.
It is further
ORDERED that on or before October 29, 2014 the parties may file objections to this Recommendation. Any objections filed must clearly identify the findings in the Magistrate Judge's Recommendation to which the party is objecting. Frivolous, conclusive or general objections will not be considered by the District Court. The parties are advised that this Recommendation is not a final order of the court and, therefore, it is not appealable.
Failure to file written objections to the proposed findings and advisements in the Magistrate Judge's Recommendation shall bar the party from a de novo determination by the District Court of issues covered in the Recommendation and shall bar the party from attacking on appeal factual findings in the Recommendation accepted or adopted by the District Court except upon grounds of plain error or manifest injustice. Nettles v. Wainwright, 677 F.2d 404 (5