Bryant Davis v. Daniel Lang

706 F. App'x 551
CourtCourt of Appeals for the Eleventh Circuit
DecidedAugust 30, 2017
Docket17-10069 Non-Argument Calendar
StatusUnpublished
Cited by7 cases

This text of 706 F. App'x 551 (Bryant Davis v. Daniel Lang) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bryant Davis v. Daniel Lang, 706 F. App'x 551 (11th Cir. 2017).

Opinion

PER CURIAM:

In this civil appeal involving only a malicious prosecution claim under Georgia law, plaintiff Bryant Davis (“Plaintiff’) appeals the district court’s order granting summary judgment to defendant Daniel Lang on the basis of official immunity. After careful review, we affirm.

I. BACKGROUND

This appeal involves whether Plaintiff has created a jury issue on his claim that defendant Daniel Lang acted with “actual malice” when he obtained an arrest warrant for Plaintiff on the misdemeanor *553 charge of theft by deception. We outline the facts giving rise to the warrants.

A. Rivers Refrigerator Repair

Starting in 2000, Plaintiff operated an appliance repair service under the name Davis Appliance Service. In 2010, because his own business was slow, Plaintiff connected with another repairman named Jonathan Davis (“Jonathan”), who is of no relation to Plaintiff. Plaintiff agreed to work part time for Jonathan’s appliance repair company, ARC Appliance. Plaintiff worked as a subcontractor for ARC Appliance, with Plaintiff keeping forty percent of the profits from his work and Jonathan keeping the remaining sixty percent.

In early January 2011, Jonathan received a call from Charlotte Rivers, who requested repair on a Sub-Zero refrigerator located at her home in Rockdale County, Georgia. Jonathan had no experience with this type of refrigerator but wanted to learn about them, so he asked Plaintiff to take the job and planned to accompany him.

On January 4, 2011, Plaintiff and Jonathan went to look at Rivers’s refrigerator. Rivers was not at home, but her cousin, Beverly Harrison, let Plaintiff and Jonathan into the house. Plaintiff determined that there was an issue with the refrigerator’s compressor, called Rivers, and proposed replacing the filter dryer. Rivers agreed. Plaintiff did not have the necessary parts or tools with him to make the repair and planned to return the next day. Harrison paid Jonathan $286.

On January 5, Plaintiff returned to Rivers’s home without Jonathan, and Rivers was there. Plaintiff replaced the refrigerator filter dryer. The refrigerator was working properly, and Plaintiff asked Rivers to monitor it over the next week. Plaintiff did not take any payment from Rivers during this visit.

The next day, on January 6, Rivers called Plaintiff and complained that the refrigerator had stopped working. Rivers also tried unsuccessfully to contact Jonathan.

On January 7, Plaintiff went to Rivers’s home and determined that the refrigerator’s filter dryer had malfunctioned again. Plaintiff suggested replacing the evaporator, but Rivers, who was upset about not being able to communicate with Jonathan, would not agree to any further repairs. Plaintiff called Jonathan from his own phone and let Rivers speak to Jonathan directly. After speaking to Jonathan, Rivers asked Plaintiff to leave, which he did without making any repairs or taking any payment from Rivers.

That same day, after leaving Rivers’s home, Plaintiff called Jonathan and suggested that he give Rivers a refund. Jonathan told Plaintiff that he no longer had the money Rivers paid him, did not have insurance, and was concerned that Rivers might sue him. Upon learning that Jonathan had no insurance, Plaintiff immediately quit working for Jonathan and ARC Appliance.

In March 2011, Rivers contacted another appliance repair company, BSH Home Appliance (“BSH”), to repair her refrigerator. A BSH repairman named Travis Stephens looked at Rivers’s refrigerator. In the invoice from this service call (the “BSH Invoice”), Stephens summarized his findings as follows: (1) “[fjilter dryer was [rjesold-ered but not exchanged,” (2) “[compressor oil ... underneath the [compressor,” (3) “[compressor had been hard wired with a 1/3 horse headstart [and] the system is in a constant 23 inch [vacuum], suggesting that the ... system is [fjully [restricted,” • (4) “the capillary tube has been [r]esoldered onto the evaporator,” (5) “[third] party servicer’s [receipt] indicated that they *554 charged the system with '9 [ounces] of [coolant] when the system only [r]equirés 7.125 [ounces],” and (6) “[u]nit [c]annot [b]e [Repaired.”

B. Rivers’s Criminal Complaint

On May 31, 2012, in response to a call from Rivers, Daniel Suwinski, an officer with the Rockdale County Sheriffs Office, met with Rivers at her home and took her initial statement. Rivers told Officer Su-winski that she paid Jonathan and Plaintiff to repair her refrigerator, but that they not only failed to repair the refrigerator, but also damaged it beyond repair. Rivers also told Officer Suwinski that she saw a news report indicating that Jonathan had defrauded other customers and had outstanding warrants in Georgia. In his incident report, Officer Suwinski wrote that “Mr. Bryant Davis uses the company name of Fox appliances” and “Mr. Jonathan Davis uses the company name of ARC appliances.”

In a separate written statement, Rivers recounted how she paid Jonathan and Plaintiff to repair her refrigerator, but the refrigerator was never repaired. Rivers stated that she made two payments to Jonathan in the amounts of $484.50 and $834.20 and two payments to Plaintiff in the amounts of $206.41 and $64.99. Rivers stated that she had all receipts for these payments, which totaled $1,590.10. Rivers also reported that Plaintiff and/or Jonathan did business under the names Fox Appliance and/or ARC Appliance.

After Officer Suwinski took Rivers’s initial oral and .written statements, defendant Daniel Lang, now a Sergeant with the Rockdale County Sheriffs Office, investigated Rivers’s complaint. On July 7, 2012, Rivers came to Sergeant Lang’s office and gave him these key documents: (1) receipts showing that she paid $484.50 to Jonathan via check, $64.99 to Fox Appliance Parts via check, $206.41 to Fox Appliance Parts via debit card, and $834.20 to ARC Appliance via credit card; and (2) a copy of the BSH Invoice, which detailed the problems with Plaintiffs repair work, indicated that “whoever worked on [Rivers’s refrigerator] didn’t know what they were doing,” and concluded that Rivers’s refrigerator could not be repaired. In short, according to Rivers, she paid $1,509.10 in total to Jonathan and Plaintiff, but they had not repaired her refrigerator, and in fact had damaged it beyond repair.

On July 12, 2012, defendant Sergeant Lang searched the internet for information about Plaintiff and Jonathan and found customer reviews. According to Sergeant Lang, in these online reviews, former customers claimed that Plaintiff and Jonathan took money from them without completing the requested repair services. The online reviews include comments claiming that Jonathan is a “con artist” who “needs to be stopped.”

In his incident report, Sergeant Lang noted that “[t]here [were] warrants on the two brothers from other jurisdictions,” a news special had exposed “the two brothers[’] scams,” and “it was apparent that these men scam people by taking 'their money and either mess[ing] up the appliance or just not working] on it and tak[ing] the money.” Sergeant Lang assumed that the two men were brothers because they shared a last name (Davis) and because Rivers described them as such.

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Cite This Page — Counsel Stack

Bluebook (online)
706 F. App'x 551, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bryant-davis-v-daniel-lang-ca11-2017.