Huffman v. Sunshine Recycling, LLC

790 S.E.2d 401, 417 S.C. 514, 2016 S.C. App. LEXIS 68
CourtCourt of Appeals of South Carolina
DecidedJune 22, 2016
DocketAppellate Case No. 2014-001492; Opinion No. 5417
StatusPublished
Cited by2 cases

This text of 790 S.E.2d 401 (Huffman v. Sunshine Recycling, LLC) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Huffman v. Sunshine Recycling, LLC, 790 S.E.2d 401, 417 S.C. 514, 2016 S.C. App. LEXIS 68 (S.C. Ct. App. 2016).

Opinion

GEATHERS, J.

In this action for false imprisonment and malicious prosecution, Appellant Meredith Huffman seeks review of the circuit court’s order granting summary judgment to Respondents, Sunshine Recycling, LLC (Sunshine) and Aiken Electric Cooperative, Inc, (Aiken) (collectively, Respondents). Huffman argues there were genuine issues of material fact concerning whether Respondents caused, instigated, or procured her arrest and the extent of Respondents’ participation in law enforcement’s charging Huffman with receiving stolen goods. We reverse and remand for a trial on the merits of Huffman’s false imprisonment and malicious prosecution claims.1

FACTS/PROCEDURAL HISTORY

On May 16, 2010, an unidentified black male broke into Aiken’s Orangeburg facility. Shortly thereafter, a white Ford F-150 truck was seen leaving the facility’s parking lot. The next day, Mark Goss, Aiken’s Loss Control and Safety Coordinator, viewed the surveillance video and advised Deputy Maurice Huggins of the Orangeburg County Sheriffs Department that several pounds of solid copper and several pounds of aluminum tie wire had been stolen from Aiken. At that time, Goss estimated the value of the stolen metal to be approximately $330.

[519]*519On that same day, Goss also checked with Sunshine, a metal recycling business, to see if anyone had tried to sell the stolen metal to Sunshine. Goss discovered the stolen metal at Sunshine and spoke with Sunshine’s owner, Joseph Rich. Goss told Rich he was looking for a black male in a white Ford pickup truck.

Officer Ashley Aldridge of the Orangeburg County Sheriffs Department also appeared at Sunshine to investigate the theft. Rich, who claimed to speak Spanish, spoke to an unnamed Spanish-speaking employee working in the metal drop-off area but failed to mention that Goss was looking for a black male in a white Ford pickup truck. Rich’s employee allegedly told Rich that a white woman was the first person to drop off metal that morning. Although the individual who stole the metal from Aiken was a black male, Goss testified in his deposition that in the metal industry, “it’s not uncommon for girlfriends and wives to bring metal in and drop them off. It happens all the time.”

Rich told Officer Aldridge and Goss they were welcome to view the receipts documenting the amount paid to customers who had sold metal to Sunshine and the time-stamped video footage of customers waiting at the payment window. Officer Aldridge viewed this video and saw Huffman waiting for her payment. Officer Aldridge also obtained a receipt for the metal sold by Huffman, which indicated a payment of $53 to her.

Subsequently, Goss spoke with Officer James Ethridge of the Orangeburg County Sheriffs Department and told Officer Ethridge that he had spoken with Huffman while she was waiting to get paid for “the items that she had just brought in.”2 Goss also told Officer Ethridge that “he viewed the items after she left and identified them as” belonging to Aiken. Actually, when Goss identified the metal left in Sunshine’s drop-off area as the metal stolen from Aiken, he was viewing what had been commingled with the metal left by Huffman. Goss recognized that some of the copper and aluminum in the area had characteristics distinguishable from those of the copper and aluminum stolen from Aiken. Goss admitted in his deposition, “it was all right there in like a big pile kind of, and [520]*520I don’t remember if it was on top of each other or what. It was all right there in one section.” When Rich advised Goss that Huffman left the stolen metal, Goss apparently did not mention the distinction he had made between the different types of copper and aluminum in the area. Further, Rich’s employee apparently did not tell Rich that a black male in a white Ford pickup truck dropped off metal immediately after Huffman dropped off her metal.

On the next day, May 18, 2010, Officer Ethridge visited Sunshine to photograph the metal identified as stolen. While he was there, he also spoke with Rich, who stated he had not yet obtained a copy of the video showing customers dropping off their metal but he would contact Palmetto Security Cameras to request Alan Price to “burn” a copy of the video for Officer Ethridge. During the next three days, Goss called Officer Ethridge several times, asking him what he was going to do with the case. During this same time period, Officer Ethridge called Rich several times, asking when he could obtain the video of customers dropping off metal.

While still waiting on this video, Officer Ethridge contacted a local magistrate on May 21, 2010, to obtain a warrant for Huffman’s arrest for receiving stolen goods.3 After Huffman learned about the warrant, she advised Officer Ethridge that she sold metal to Sunshine but it was not stolen; rather, it was salvaged from a mobile home belonging to her and her husband after they tore down the home. Officer Ethridge instructed Huffman to meet him at the Sheriffs Department at 9:00 a.m. the next morning, June 2, 2010. At that time, Huffman gave a statement to Officer Ethridge, and he formally served Huffman with the arrest warrant. Officer Ethridge then placed Huffman in handcuffs, and she was required to change into a prison jumpsuit and wait for the next bond hearing. She was unable to telephone her home to check on her children, who were not being supervised by an adult, and she was required to appear at the bond hearing handcuffed and shackled. Huffman obtained a personal recognizance bond, and she was finally released at approximately 5:00 p.m.

[521]*521After Huffman’s arrest and release, Officer Ethridge finally was able to view the video of Huffman dropping off her metal at Sunshine. Goss viewed this video around the same time that Officer Ethridge viewed it, although Goss had actually received the video before Huffman was arrested. Rich never viewed the video.

In his report, Officer Ethridge stated that he watched “the video of where [Huffman] took the items off of her truck and she did have some copper that resembles what was taken in the back of her truck, but the aluminum was sheeting[,] not wire.” He further stated he advised Rich “that after viewing the video, it does not show her with the same items that w[ere] taken. Due to these facts[,] there is not enough evidence to support this case. I will be dismissing these charges on Huffman.” Notably, the video also showed that the customer following Huffman was the black male Goss had seen on Aiken’s surveillance video, Eugene James, unloading metal from the white Ford pickup truck he was driving.

Near the end of his report, Officer Ethridge noted, “At this time[,] I am not comfortable with this case due to the witnesses gave [sic] me false information the first time.” After Officer Ethridge dropped the charge of receiving stolen goods against Huffman, the Sheriffs Department finally located James. James ultimately pled guilty to the charges brought against him.

On May 9, 2012, Huffman filed a complaint against the Sheriffs Department and Sunshine, asserting claims for negligence, false imprisonment, and malicious prosecution. In May 2013, Huffman amended her complaint to add Aiken as a defendant. On or about June 27, 2013, Aiken filed a motion to dismiss Huffman’s complaint against it. Huffman later settled her claims against the Sheriffs Department, and the two parties filed a stipulation dismissing the Sheriffs Department from the action on or about December 18, 2014.

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Related

Huffman v. Sunshine Recycling, LLC
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Court of Appeals of South Carolina, 2018

Cite This Page — Counsel Stack

Bluebook (online)
790 S.E.2d 401, 417 S.C. 514, 2016 S.C. App. LEXIS 68, Counsel Stack Legal Research, https://law.counselstack.com/opinion/huffman-v-sunshine-recycling-llc-scctapp-2016.