Kennett v. Norton

District Court, D. South Carolina·Decided June 13, 2025·No. 4:24-cv-04625·Unknown

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION

ELAINE M. HARTSHORN KENNETT ) Civil Action No. 4:24-cv-4625-JD-TER And RICKY A. KENNETT, ) ) Plaintiff, ) ) -vs- ) ) REPORT AND RECOMMENDATION ) LOIS J. NORTON, ELIZABETH M. ) THOMPSON, KELLY J. PARKER, ) HORRY COUNTY POLICE ) DEPARTMENT, CITY OF NORTH ) MYRTLE BEACH, NORTH MYRTLE ) BEACH POLICE DEPARTMENT, ) HORRY COUNTY SHERIFF'S OFFICE, ) and SYNCHRONY BANK, ) ) Defendants. ) ___________________________________ )

I. INTRODUCTION This case arises from an intra-familial dispute between Plaintiff Elaine Kennett and Elaine's mother, Defendant Lois J. Norton and Plaintiff Elaine's two sisters, Defendants Elizabeth M. Thompson and Kelly J. Parker regarding Elaine's use of Norton's Rakuten credit card, issued and managed by Defendant Synchrony Bank, and her subsequent arrest. Plaintiffs assert causes of action for false arrest and false imprisonment, malicious prosecution and abuse of process pursuant to both 42 U.S.C. § 1983 and state law. They also assert state law claims for negligence/gross negligence and recklessness, defamation, negligence, carelessness, and recklessness, and loss of consortium. Plaintiffs originally filed this action in the Court of Common Pleas, Horry County, South Carolina and Defendants removed the case to this court. Presently before the court are Defendants Horry County Police Department (HCPD) and Horry County Sheriff's Office's 1 (HCSO) Motion to Dismiss (ECF No. 4) and Defendant City of North Myrtle Beach's (City of NMB) Motion to Dismiss (ECF No. 7)1. All pretrial proceedings in this case were referred to the undersigned pursuant to the provisions of 28 U.S.C. ' 636(b)(1)(A) and (B) and Local Rule 73.02(B)(2)(d), DSC. This report and recommendation is entered for review by the District Judge.

II. FACTUAL ALLEGATIONS2 At all times relevant to this action, Plaintiffs resided in South Carolina. Compl. ¶ 31. Norton is Elaine’s mother and resided with her for approximately nine years. Compl. ¶ 44. Elaine married Plaintiff Ricky Kennett on January 7, 2022, and shortly thereafter, differences arose between Plaintiffs and Norton. Compl. ¶ 50. As a result, Norton moved to Ohio in May of 2022 to live with Thompson, Elaine’s sister. Compl. ¶ 50. Plaintiffs allege that Norton, Thompson, and Parker, Elaine’s other sister, developed a plan to extort money from Plaintiffs after learning that Ricky was a wealthy individual. Compl. ¶¶ 49, 51. Part of the plan included demands made by Norton, Thompson, and Parker that Plaintiffs pay Norton’s credit card bills while at the same time lying to various credit card companies that certain charges were fraudulent so that they would

waive or write off the charges. Compl. ¶¶ 57, 58. When Plaintiffs refused to pay the credit card bills, Norton and Thompson threatened to file criminal charges against them. Compl. ¶ 60. Norton and Thompson told the “Law Enforcement Defendants”3 that Elaine used Norton’s Rakuten credit card without Norton’s knowledge, consent, or authorization. Compl. ¶ 61. Plaintiffs allege that Norton intentionally and

1 This motion was filed by Defendants City of NMB and the North Myrtle Beach Police Department (NMBPD). They state that Plaintiffs incorrectly identified them as separate entities. 2 Some factual allegations not relevant to the parties that filed the present motions to dismiss may be omitted. 3 In their complaint, Plaintiffs refer to Defendants HCPD, HCSO, City of NMB, and NMBPD collectively as “the Law Enforcement Defendants.” Compl. ¶ 23. 2 knowingly made Elaine an authorized user of the card and knew that Elaine was paying all the charges she made on the card as well as some of Norton’s charges. Compl. ¶¶ 61, 65. On March 18, 2022, after differences arose between Plaintiffs and Norton, Elaine contacted Defendant Sychrony, who issued the card, and removed herself as an authorized user of the card. Compl. ¶

63. Thereafter, Elaine made no further purchases on the card. Compl. ¶ 64. Norton and Thompson repeatedly called law enforcement officers to complain of Elaine using Norton’s card without permission and demanded that criminal charges be filed against Elaine. Compl. ¶ 66. Prior to July 11, 2022, Officer Maybank, a police officer with the HCPD, visited Elaine at her home to question her regarding her use of Norton’s card. Compl. ¶ 67. After hearing Elaine’s explanation and reviewing documentation Elaine had, Officer Maybank acknowledged that Elaine had done nothing wrong and stated “I am done here.” Compl. ¶ 68. As such, Elaine believed no charges would be filed against her. Compl. ¶ 69. However, Norton, Thompson, and/or Parker continued to demand that Elaine be arrested. Compl. ¶ 70. As part of their investigation, the Law Enforcement Defendants issued a subpoena or

search warrant to Synchrony, who designated Brookshire to respond to the request. Compl. ¶¶ 71, 73. Plaintiffs allege that Syhchrony failed to thoroughly investigate its records prior to responding to the search warrant or subpoena and, thus, failed to provide the Law Enforcement Defendants with documents that would have exonerated Elaine. Compl. ¶¶ 74, 75. They also allege that the Law Enforcement Defendants failed to properly review the documents they did receive from Synchrony, which also would have exonerated Elaine. Compl. ¶ 75. On June 26, 2022, Officers Fitzwater and Beaudoin swore out an affidavit in which they asserted,

3 On or about May 4, 2022, in the area of 1430 HWY 17 North, Hobby Lobby, located in the City of North Myrtle Beach, the Defendant [Elaine] used the victim’s Rakuten card to purchase items totaling 562.04. The victim stated that the Defendant is not an authorized user of the card. A search warrant was applied for and sent to Rakuten and Rakuten did advise that the Defendant is not an authorized user of the card.

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