Clark v. Coleman

335 F. Supp. 3d 818
CourtDistrict Court, W.D. Virginia
DecidedAugust 14, 2018
DocketCase No. 4:17-cv-00045
StatusPublished
Cited by2 cases

This text of 335 F. Supp. 3d 818 (Clark v. Coleman) is published on Counsel Stack Legal Research, covering District Court, W.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clark v. Coleman, 335 F. Supp. 3d 818 (W.D. Va. 2018).

Opinion

Jackson L. Kiser, SENIOR UNITED STATES DISTRICT JUDGE

This matter is before the Court on Motions for Summary Judgment filed by Defendants Sheriff Dan Smith [ECF No. 37], Rob Coleman [ECF No. 39], and Geri Hazelwood [ECF No. 41]. All motions were fully briefed by the parties, and I heard *822oral argument on July 12, 2018. Having reviewed the pleadings, arguments of counsel, and the applicable law, the motions are ripe for disposition. For the reasons stated herein, I will grant Sheriff Smith's and Geri Hazelwood's Motions for Summary Judgment, and deny Rob Coleman's Motion for Summary Judgment.

I. STATEMENT OF FACTS AND PROCEDURAL BACKGROUND

Pursuant to the appropriate standard of review, the facts are recounted in the light most favorable to Plaintiff Brian Clark ("Plaintiff"), the party opposing summary judgment. See Scott v. Harris, 550 U.S. 372, 380, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007).

For reasons unimportant to this Opinion, Plaintiff has been banned from the Patrick County Circuit Court Clerk's Office by the Hon. Martin Clark, with some exceptions. On July 25, 2016, during the time when the so-called "ban" was in place, Plaintiff asked his friends, Wendy Inzerillo and Denise Freeman, to file some papers on his behalf while he waited outside the courthouse. Both went into the clerk's office and, according to their sworn affidavits, while Freeman returned to the car to have Plaintiff sign a paper, Inzerillo overheard several Patrick County Sheriff's deputies speaking about Plaintiff. (Wendy Inzerillo Decl. ¶ 6, May 30, 2018 [ECF No. 48-2].) According to Inzerillo, one deputy said, "Brian [meaning Plaintiff] doesn't know what we have in store for him," while another commented that he couldn't "wait to see his face when we take him down." (Id. ¶¶ 9-10.) Inzerillo affirms in her declaration that Defendant Rob Coleman ("Coleman") was one of the officers involved in the conversation, but does not specify whether he was a speaker. (Id. ¶ 12.) According the Inzerillo, a clerk in the courthouse alerted the deputies that Inzerillo was "with him," meaning Clark, and the deputies ended their conversation.

After Inzerillo overheard the conversation among the deputies, Plaintiff and his sister, Beth Richardson, left the courthouse in her car. (Brian Clark Aff. ¶ 6, May 30, 2018 [ECF No. 48-1].) As they were leaving, Plaintiff saw several deputies "rush" to their patrol cars. (Id. ) While riding in the car with Richardson a short time later, Coleman effectuated a traffic stop on her car. According to Coleman, he saw Plaintiff make a "gesture" that "concerned" him, so he pulled the car over. (Robert Coleman Decl. ¶ 7, May 14, 2018 [ECF No. 40-3].) Plaintiff categorically denies that he made any obscene, inappropriate, or concerning gesture to Coleman or anyone else. (Clark Decl. ¶¶ 12-13.)

According to Plaintiff, after stopping the vehicle, Coleman approached the passenger side of the car; no officer approached the driver. (Id. ¶¶ 14, 17.) Coleman asked for Plaintiff's identification, which Plaintiff provided, and Coleman asked Plaintiff why he "had 'gigged' him (or why [Clark] had given [Coleman] the finger)." (Id. ¶ 15.) Coleman returned to his car and, for twenty minutes, Clark and Richardson were detained. (Id. ¶ 19.)1

*823While he was waiting to be released by Coleman, Clark avers that six additional police vehicles arrived on the scene: one state police vehicle, four sheriff's office vehicles, and a Black Dodge Charger driven by Defendant Sheriff Dan Smith. (Id. ¶ 18.) A short time later, a seventh vehicle (the fifth sheriff's office vehicle) arrived on the scene. A Deputy Sheriff emerged from the car with a "no trespass notice" that he served on Clark. Plaintiff was then told he was free to go. Coleman does not assert that he was aware of the existence of the "no trespass notice" prior to the stop, but did state that it is standard procedure to ask for identification and run any individual stopped by the sheriff's department for outstanding warrants or process. In so doing, Coleman learned of the outstanding process to be served on Plaintiff.2

Plaintiff filed suit in this Court on July 10, 2017, against Defendants Rob Coleman, Geri Hazelwood, Sheriff Dan Smith, and Officer Does. [ECF No. 1.] He filed an Amended Complaint on April 5, 2018, substituting Deputy Ronnie Williams Jr., Deputy Dustin Dillon, Investigator Tyler Wilson, and Deputy Shawn Keffer for Officer Does. [ECF No. 33.] Sheriff Smith filed a Motion for Summary Judgment on May 16, 2018 [ECF No. 37], and Rob Coleman and Geri Hazelwood followed suit the next day [ECF Nos. 39, 41]. The motions were fully briefed by the parties, and I heard oral argument on the motions on July 12, 2018. After having reviewed the evidence and arguments of the parties, as well as the relevant law, the matter is now ripe for disposition.

II. STANDARD OF REVIEW

Summary judgment is appropriate where there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c) ; George & Co. LLC v. Imagination Entm't Ltd., 575 F.3d 383, 392 (4th Cir. 2009). A genuine dispute of material fact exists "[w]here the record taken as a whole could ... lead a rational trier of fact to find for the nonmoving party." Ricci v. DeStefano, 557 U.S. 557, 586, 129 S.Ct. 2658, 174 L.Ed.2d 490 (2009) (internal quotation marks and citing reference omitted); see also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A genuine dispute cannot be created where there is only a scintilla of evidence favoring the nonmovant; rather, the Court must look to the quantum of proof applicable to the claim to determine whether a genuine dispute exists. Scott

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Clark v. Coleman
W.D. Virginia, 2020

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Bluebook (online)
335 F. Supp. 3d 818, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-coleman-vawd-2018.