Jones v. Town of Woodworth

178 So. 3d 243, 15 La.App. 3 Cir. 568, 2015 La. App. LEXIS 2172, 2015 WL 6735649
CourtLouisiana Court of Appeal
DecidedNovember 4, 2015
DocketNo. 15-568
StatusPublished
Cited by1 cases

This text of 178 So. 3d 243 (Jones v. Town of Woodworth) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. Town of Woodworth, 178 So. 3d 243, 15 La.App. 3 Cir. 568, 2015 La. App. LEXIS 2172, 2015 WL 6735649 (La. Ct. App. 2015).

Opinion

CONERY, Judge.

|TIn response to an order from this court, plaintiff, Kevin W. Jones, Jr., was required to file an amended appeal brief. In response to the amended appeal brief, the Town of Woodworth and Officer David Sikes (Defendants) then filed a Peremptory Exception of No Cause of Action seeking to dismiss the remaining issues on appeal, the alleged wrongful towing claim and attendant damages. For the following reasons, we deny the Defendants’ Peremptory Exception of No Cause of Action and affirm the trial court’s judgment granting the Defendants’ Motion for Involuntary Dismissal with prejudice of all Mr. Jones’ remaining claims and demands against the Defendants at his cost.

FACTS AND PROCEDURAL HISTORY

In December 2009, Kevin Jones was travelling in his vehicle through the Town of Woodworth when he stopped at a convenience store. Officer Sikes, working for the Town’s police department, decided to run a random license plate check on the vehicle and learned that its owner, Kevin Jones, had a suspended driver’s license. Mr. Jones then drove his vehicle from the store’s parking lot onto Highway 165 northbound. Officer Sikes at first passed up Mr. Jones’ vehicle, and upon making an identification of Mr. Jones based on the driver’s license photo he had as a result of the license check he had just run, Officer Sikes stopped Mr. Jones’ vehicle on the northbound shoulder of Highway 165 just inside the city limits of the Town of Wood-worth. At the time of the traffic stop, Mr. Jones’ vehicle was parked just two feet off the fog-line, with Officer Sikes’ patrol vehicle parked several feet behind with the emergency flashers on.

Upon confirming that the driver of the vehicle was in fact Kevin Jones and that Mr. Jones’ license had been suspended, Officer Sikes issued a citation to Mr. 12Jones for driving with a suspended license, unlawful use of a driver’s license, no proof of insurance, and improper muffler/duel pipes. Mr. Jones was prevented from driving his vehicle from the scene due to his license suspension and no proof of insurance. Officer Sikes indicated on the tickets that traffic on the roadway was “MEDIUM.” Two passengers in the vehicle were also prohibited from driving as neither possessed a valid driver’s license. Because none of the occupants were legally able to drive the Jones vehicle from the scene of the traffic stop, Officer Sikes [245]*245called a tow-truck operator pursuant’to state law,1 and the Jones .vehicle was towed by a-‘neutral third-party towing company. Because Mr. Jones was insistent on calling his brother and objected to his vehicle being towed by anyone, we find that there was substantial compliance with La.R.S. S2;1735(A).2

Mr. Jones filed a civil-suit against the Town of Woodworth and Officer Sikes claiming that the initial license plate check on his vehicle while it was-properly parked at a convenience- store was an unconstitutional search and an unconstitutional; invasion of his privacy rights. Further, after the stop, Mr. Jones claimed -that Officer Sikes should • have allowed Mr. Jones’ brother, who lived' several miles away in Alexandria, Louisiana, to come to the scene and take ^possession of the Jones’ vehicle, instead of having- the vehicle towed. He claimed damages for wrongful seizure and towing of his vehicle. -

The Defendants had initially filed a Motion for Summary Judgment, which the trial court had granted; finding that the random license plate check ■ while ' Mr. Jones was. parked at the convenience store was permissible. The trial court ruled that Mr. Jones was properly cited for driving without, a valid driver’s license, and his vehicle was properly towed. An initial appeal in this case was heard by a panel of this court in Jones v. Town of Woodworth, 12-1349 (La.App. 3 Cir. 12/26/13), 132 So.3d 422 (Jones I).- The issue decided was whether an individual has a legitimate privacy interest in'his or her license plate such that a random license plate check constitutes an unconstitutional search or seizure within the meaning of the Fourth Amendment and the Louisiana. Constitution Article 1, § 5.

The Jones I panel affirmed the- Summary Judgment as to the random check of the license plate, but found that genuine issues of material fact precluded complete affirmation of the-trial court’s ruling granting Summary Judgment on the unlawful towing issue and - the alleged damages claimed by Mr. Jones from the loss of his vehicle due- to his alleged inability to pay the tickets, the towing and accrued- storage fees, as well as damages for his alleged ■loss of his job that left him unable to provide for his family. See Jones I.

The Jones I panel determined that the affidavit in-support of the Defendants’ Motion for Summary Judgment failed to disclose any facts regarding the location of the vehicle in relation to the highway, or whether officer safety or traffic safety issues necessitated the immediate removal of the Jones’ Vehicle. More specifically, the Jones I panel found that the affidavit of Officer Sikes submitted by the' Defendants in support of its motion was “silent regarding his decision to have |4Jones’ ve-[246]*246hiele towed" and remanded the case to the trial court for a trial on the merits on the issue of unlawful towing and related damages. Jones I, 132 So.3d. at 426. Mr. Jones did not lodge a writ with the supreme court in response to the ruling in Jones I.

On remand, the trial court heard several Motions in Limine wherein the Defendants attempted to narrow the remaining issues before the trial court. The trial court decided that the only issue remaining to be heard at the- trial on.March 3, 2015, was Mr. Jones’ .claim of wrongful towing and attendant damages. In its written judgment on the Motions in Limine, dated March 2,2015, the trial court stated:

Defendant’s Second Motion in Limine is hereby GRANTED. The Court finds that the Third Circuit’s ruling in Jones v. Town of Woodworth, pp. 2012-1349 (La.App. 3 Cir. 12/26/13); 132 So.3d 422, rehearing, denied (3/19/14) on the issue of privacy expectation in a license plate, and sufficient reasonable suspicion and/or probable cause for the stop are ■ final, and “law of the case.” As such, Plaintiff will not be allowed to present any witnesses or exhibits on those two issues. The only issue for trial which the Court will accept evidence is whether Plaintiff can. establish a claim ■ for “wrongful towing” and attendant damages. .

The trial on the remaining issues of wrongful towing and damages proceeded as scheduled on March 3, 2015,. The testimony of Mr. Jones at trial reflects that all charges stemming from the tickets issued by Officer Sikes were waived, based on a hardship determination by the Mayor, who also functions as the Magistrate of the Town of Woodworth.

As to the wrongful seizure of the vehicle issue, La.R,S.32:1735.1(A) provides, “Any law enforcement agency may place a hold on a vehicle stored at a licensed storage facility for up to fourteen days.” The hold on Mr. Jones’ vehicle was released. .

^Louisiana ‘ Revised Statutes 32:1735.1(B) provides that once the law enforcement hold is'lifted “the storage facility shall release the vehicle to its' owner upon payment by such owner of all towing and storage charges to the storage facility[.]” Mr. Jones was unable to retrieve his vehicle from the towing company, despite haying a licensed driver available to drive the vehicle, due to his refusal and/or inability to pay the towing and storage fees.

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Bluebook (online)
178 So. 3d 243, 15 La.App. 3 Cir. 568, 2015 La. App. LEXIS 2172, 2015 WL 6735649, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-town-of-woodworth-lactapp-2015.