Dawkins v. City of Villa Rica

542 S.E.2d 193, 246 Ga. App. 795, 2001 Fulton County D. Rep. 11, 2000 Ga. App. LEXIS 1360
CourtCourt of Appeals of Georgia
DecidedNovember 14, 2000
DocketA00A2321
StatusPublished
Cited by1 cases

This text of 542 S.E.2d 193 (Dawkins v. City of Villa Rica) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dawkins v. City of Villa Rica, 542 S.E.2d 193, 246 Ga. App. 795, 2001 Fulton County D. Rep. 11, 2000 Ga. App. LEXIS 1360 (Ga. Ct. App. 2000).

Opinion

MIKELL, Judge.

This is an appeal from the grant of summary judgment to the City of Villa Rica and three of its police officers (“city defendants”) arising out of a business dispute between the plaintiffs, Marlene Dawkins and Carter Linn, and their purported lessors, defendants Charles and Peggy Bynum. Plaintiffs asserted claims against the city defendants under 42 USC § 1983 alleging that the police department acquiesced in preventing the plaintiffs from reentering the premises and so deprived them of their property without due process. Holding that the police officers are entitled to qualified immunity and that no viable claim exists against the city, we affirm.

A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.1

So viewed, the evidence shows that on May 13, 1998, Dawkins executed a letter of intent to buy a variety store in Villa Rica from Charles and Peggy Bynum. On that day, the Bynums gave Dawkins the keys to the store, and she began operating it immediately. Within two days Dawkins had paid the Bynums $10,400, representing half of the $20,000 purchase price plus one month rent. Disputes not relevant to this appeal quickly developed between the plaintiffs and the Bynums.

[796]*796Ten days later, on the morning of May 23, 1998 — the Saturday before Memorial Day — Peggy Bynum delivered the final proposed contract to the plaintiffs. Believing the proposal did not reflect the terms set out in the letter of intent, the plaintiffs closed the store around 1:00 p.m. and tried to contact an attorney to review the proposal. Shortly after the plaintiffs left, Charles Bynum, who owned and operated the store next door, tried to gain access to the variety store. Bynum deposed that he was concerned about protecting the remaining inventory.

Bynum could not get in because Dawkins had changed the locks. Bynum summoned a locksmith, who refused to rekey the lock without police consent. Bynum called the police, and Officer S. W. Sea-graves responded. Upon learning that money had changed hands between the plaintiffs and the Bynums, Seagraves explained that the police could not get involved because the dispute was a civil matter. He warned the locksmith that rekeying the lock would constitute burglary. Bynum then requested permission to place a padlock on the door. Seagraves deposed:

[Bynum] was worried about their stock in the store. He said, is there any problem with me putting a lock on over there. I said, I don’t see any problem with that. They can contact you and you can sit down and get a mediator to handle the matter. ... I didn’t give him [permission]; I just told him that there was nothing criminal or illegal that I knew about that.

Seagraves left, and Bynum padlocked the door.

Dawkins deposed that Peggy Bynum called her around 2:00 p.m. and informed her that the police had padlocked the store. Plaintiffs proceeded to the Villa Rica Police Department, where they spoke with Sgt. W. A. Teal. He explained that the police had not padlocked the business. Sgt. Teal also reiterated that the dispute was a civil matter which would have to be handled through civil process. Finally, Sgt. Teal stated that no one would be allowed to enter the store until the matter was settled. Plaintiffs deposed that Linn requested permission to cut off the padlock, but Sgt. Teal threatened to arrest Linn if he did so. Sgt. Teal deposed that he did not recall Linn’s request. Linn deposed that upon the advice of the Georgia Bureau of Investigation, he called Police Chief Dean Maddox, and the following transpired:

I identified myself to the chief of police and [said] that I was calling about the business. The first words out of his mouth were, I thought a black man bought that business. And I said, I don’t understand what that has to do with anything. [797]*797That’s my wife. He goes, oh, oh, well, I didn’t — I didn’t mean anything. That, in my mind, set a tone right there.2

Chief Maddox made an appointment for the plaintiffs to come in and speak with an investigator. Upon arriving at the police station, plaintiffs filed a complaint alleging theft by deception. The complaint was referred to Captain T. Johnson, who investigated the incident and determined that no crime had been committed.

When Captain Johnson went to the Bynums’ store to inform them that no charges would be filed, he saw the Bynums inside the previously padlocked variety store. Johnson asked what the Bynums were doing, and they replied that they were inventorying the property. Captain Johnson also telephoned Dawkins to inform her that the police were closing the investigation. He could not recall whether he did so before or after seeing the Bynums, but Johnson did not inform her that the Bynums had been inside the variety store. Captain Johnson deposed that the dispute between the plaintiffs and the Bynums was a civil matter over which the police lacked jurisdiction.

Linn deposed that Chief Maddox informed him that if the Bynums removed and sold merchandise that they did not own, they would be arrested for theft by conversion.

Ultimately the plaintiffs sued the Bynums, the City of Villa Rica, Chief Maddox, Sgt. Teal, and Officer Seagraves, asserting that the police permitted the Bynums to reenter the variety store, thereby enabling the Bynums to appropriate the plaintiffs’ property. Plaintiffs claim the police unlawfully dispossessed them without a warrant and thus violated 42 USC § 1983. The city defendants moved for summary judgment, and the plaintiffs moved for partial summary judgment as to the city defendants’ liability. The trial court granted the city’s motion and denied the plaintiffs’ motion. The plaintiffs appeal.

1. 42 USC § 1983 provides:

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State . . . , subjects, or causes to be subjected, any citizen of the United States . . . to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured. . . .

Accordingly, to survive summary judgment in a § 1983 action, a plaintiff must demonstrate the existence of genuine issues of material fact showing that the defendants’ acts or omissions, performed [798]*798under color of state law, resulted in the deprivation of a right, privilege, or immunity protected by the United States Constitution or the laws of the United States.3 Here, plaintiffs contend that the police deprived them of their property without due process, thereby violating the Fourteenth Amendment.4

Plaintiffs correctly assert that 42 USC § 1983 provides a cause of action to an individual who has been deprived of a property right by a government official without due process.5 However, the statute also provides qualified immunity from personal liability to government officials performing discretionary functions as long as the officials’ conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”6

Free access — add to your briefcase to read the full text and ask questions with AI

Related

King v. Comfort Living, Inc.
651 S.E.2d 484 (Court of Appeals of Georgia, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
542 S.E.2d 193, 246 Ga. App. 795, 2001 Fulton County D. Rep. 11, 2000 Ga. App. LEXIS 1360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dawkins-v-city-of-villa-rica-gactapp-2000.