Holland v. Sebunya

2000 ME 160, 759 A.2d 205, 2000 Me. LEXIS 163
CourtSupreme Judicial Court of Maine
DecidedAugust 17, 2000
StatusPublished
Cited by73 cases

This text of 2000 ME 160 (Holland v. Sebunya) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Holland v. Sebunya, 2000 ME 160, 759 A.2d 205, 2000 Me. LEXIS 163 (Me. 2000).

Opinions

CLIFFORD, J.

[¶ 1] Rory Holland appeals from the entry of a summary judgment in the Superi- or Court (Cumberland County, Crowley, J.) in favor of Moses Sebunya and several other named defendants. Holland contends that the court erred when it determined that Sebunya had the authority to request the police to remove Holland from an Executive Committee meeting of the Portland Branch of the National Association for the Advancement of Colored People (the Portland Branch), and that because Sebunya exceeded his authority, the court improperly entered summary judgment against him. Concluding that Holland has presented insufficient evidence as to each of his claims, we affirm the judgment.

[¶ 2] The facts in this case, viewed most favorably to Holland, against whom the summary judgment was entered, are essentially as follows: On February 13, 1995, the Executive Committee of the Portland Branch held a meeting in a room rented solely for that purpose at the Green Memorial A.M.E. Zion Church in Portland. The Executive Committee is the governing body of the Portland Branch. At the time of the February meeting, Sebunya was beginning his two-year term as President of the Portland Branch. The Executive Committee holds a monthly meeting separate from the regular monthly meetings held for the general membership at Wood-[208]*208ford’s Congregational Church. The meetings are open to the public,1 but only the general membership meeting is advertised in the local media. As president, Sebunya presided over both meetings. The Portland Branch has adopted Robert’s Rules of Order to govern its meetings.

[¶ 3] Attendance at the February 1995 meeting was sparse. Only eight people were present at the meeting, and only one, Holland, was not a member of the Executive Committee.2 Holland contends that he was not at the meeting solely as a member of the public, but that he had been deputized by the Portland Branch as its “court liaison.” In this capacity, he contends that he was to report on ways the Portland Branch might influence the court system to further racial equity.

[¶ 4] A member of the Portland Branch, Candy Wright, had alleged she was the victim of police brutality at the hand of the Portland Police Department. Sebunya was an employee of the city, and assigned to the police department.3 Holland and others felt that Sebunya had a conflict of interest between his duties as a police employee and his advocacy duties as Portland Branch president. Sebunya had not advocated on behalf of Ms. Wright after Portland Police Chief Chitwood had requested that he not get involved in that case. According to Holland, Sebunya indicated that he was unwilling to do anything to challenge Chitwood.

[¶ 5] Holland talked with a member of the Executive Committee, Gerald Talbot, about how to proceed, including whether he should attend the meeting. Talbot invited Holland to come to the meeting, even though Talbot himself would not be able to attend. Holland attended the Executive Committee meeting to deal with the Wright matter and what he perceived as Sebunya’s conflict of interest. Almost immediately, Sebunya approached Holland and asked him why he was there. Holland refused to respond. Sebunya then told Holland that he would have to leave; Sebunya called the police department for assistance.4 Two police officers were dispatched to the church. Before they arrived, however, the Executive Committee discussed what they should do in these circumstances. It was at this point that Holland told the committee about Talbot’s invitation. A committee member sought to contact Talbot to discover if he had invited Holland, but was unsuccessful.

[¶ 6] When the two officers arrived, they met with Sebunya, who told them that Holland had refused to leave what Sebun-ya said was a closed meeting.5 The officers asked Holland to leave the meeting, but he did not respond. They then informed Holland that he would be arrested if he refused to leave. Holland got up and began walking with the police toward the [209]*209door. Before he had left the room, however, he stopped and asked if he was under arrest. The officers placed him under arrest for disobeying their orders to leave the room. Holland was then taken from the room.

[¶ 7] In February of 1997, Hollad brought this action in Superior Court against Sebunya, several other members of the Executive Committee, and the National Association for the Advancement of Colored People. Holland’s complaint alleged the denial of his rights under the First, Fourth, Ninth, and Fourteenth Amendments to the United States Constitution; violations of 42 U.S.C. §§ 1983, 1985, and 1986; false imprisonment; violations of Article I, Sections 1, 5, and 6-A of the Maine Constitution; malicious prosecution; intentional and negligent infliction of emotional distress; and prima facie tort. Se-bunya moved for a summary judgment. After concluding that Sebunya acted within his authority when he ejected Holland, the court entered a summary judgment in favor of Sebunya. Holland appeals from that judgment.

[¶ 8] We review the entry of summary judgment “for errors of law, viewing the evidence in the light most favorable to the party against whom the judgment was entered.” Peterson v. State Tax Assessor, 1999 ME 23, ¶ 6, 724 A.2d 610, 612. The entry of a summary judgment will be upheld “if the evidence demonstrates that there is no genuine issue as to any material fact and that the moving party is entitled to [a] judgment as a matter of law.” Id. A defendant is entitled to a summary judgment if the plaintiff bears the burden of proof on an essential element at trial and the state of the evidence is such that, if the plaintiff presented no more evidence, the defendant would be entitled to a judgment as a matter of law. See June Roberts Agency, Inc. v. Venture Properties, Inc., 676 A.2d 46, 48 (Me.1996).

[¶ 9] Holland presses several claims of error challenging the entry of a summary judgment in his claims of constitutional and federal law violations, false imprisonment, intentional and negligent infliction of emotional distress, and malicious prosecution.6 Holland specifically attacks the Superior Court’s determination that Sebunya’s actions at the Executive Committee meeting were authorized by the internal operating procedures of the Portland Branch, and that summary judgment would be proper on that ground.

I.

[¶ 10] As to Holland’s section 1983 and constitutional claims, whether or not Sebunya was authorized by the Portland Branch to have Holland removed is not necessarily dispositive of whether Sebunya had violated Holland’s federal and state constitutional rights. See, e.g., Adickes v. S.H. Kress & Co., 398 U.S. 144, 152, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970) (allowing a section 1983 suit to proceed upon allegations that private restaurant had conspired with police to refuse to serve plaintiff because of plaintiffs race). What is fatal to his claims, however, is Holland’s failure to [210]*210show the state action required to prevail on these counts.

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Cite This Page — Counsel Stack

Bluebook (online)
2000 ME 160, 759 A.2d 205, 2000 Me. LEXIS 163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holland-v-sebunya-me-2000.