Moon v. Rockdale County

188 F. Supp. 3d 1369, 2016 U.S. Dist. LEXIS 69619, 2016 WL 3035552
CourtDistrict Court, N.D. Georgia
DecidedMay 27, 2016
DocketCIVIL ACTION FILE NUMBER 1:14-cv-3926-TCB
StatusPublished
Cited by3 cases

This text of 188 F. Supp. 3d 1369 (Moon v. Rockdale County) is published on Counsel Stack Legal Research, covering District Court, N.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Moon v. Rockdale County, 188 F. Supp. 3d 1369, 2016 U.S. Dist. LEXIS 69619, 2016 WL 3035552 (N.D. Ga. 2016).

Opinion

ORDER

Timothy C. Batten, Senior United States District Judge

This case comes before the Court on Defendants’ motion for summary judgment [31].

I. Background

A. Factual Background

On November 3, 2012, at approximately 11:36 p.m., Corporal Shasta Duren of the Rockdale ' County Sheriffs Office (“RCSO”)1 noticed a 2006 Chevrolet Equinox without functioning tag lights. Duren initiated a traffic stop. Jarret Jennings was driving the vehicle, and Plaintiff Keishaun Moon was in the front passenger seat.

Most of the relevant actions in this case were recorded by the “dash cam” video camera in Duren’s patrol car. See [32] (dash cam video). Duren approached the driver’s side door of the vehicle and spoke with Jennings. [32] at 1:21. Duren told Jennings that she smelled marijuana coming from the vehicle, which Jennings denied. [32] at 3:42-4:00. Defendant Charles Smith, an RCSO Deputy, arrived at the scene to provide assistance. Smith approached the passenger’s side door of the vehicle. [32] at 4:20. Smith claims that he, too, observed the smell of marijuana coming from the vehicle. [34-1] at ¶5-6.

Smith instructed Moon to step out of the vehicle and began to frisk him. [32] at 4:29. After conducting the frisk, Smith instructed Moon to stand in front of Duren’s patrol car. Moon complied, and sat on the front of the patrol car. [32] at 6:13. Duren, Smith, and other officers that had arrived at the scene conducted a search of the vehicle that lasted approximately five-and-a-half minutes. During this time, Moon remained at the front of Duren’s patrol car, and appears to have occasionally spoken with the officers on the scene, including Smith. See [32] at 5:20-6:27, 8:22-8:30, 12:18-12:22; see also [34] at 41:9-42:16. At one point, Duren asked Moon about his driver’s license, and Moon spelled out his name. [32] at 11:30-11:53. Throughout this time, he was in full view of the officers, and his hands remained either at his sides or folded in front of his chest. At no time did he appear to put his hands near his face or mouth.

Duren placed Jennings under arrest for driving with a suspended license. [32] at 11:59. Smith helped Duren secure Jennings, and then approached the area where Moon was standing. [32] at 12:37. Another officer at the scene began questioning Moon, who stood up to allow the officer to pat him down. [32] at 12:38-12:59. While the audio recording is not clear, Moon appears to have answered the officer’s questions.

[1374]*1374After Moon sat back down on the patrol car, Smith shined his flashlight onto Moon’s face. [32] at 13:06. Smith claims that he saw Moon attempting to swallow something, which he suspected was marijuana. [34-1] at ¶8.2 Smith then placed his hand on Moon’s throat, and in one continuous motion he pushed Moon backwards by the throat onto the hood of the patrol car. [32] at 13:07-13:10. Smith repeatedly told Moon to open his mouth. [32] at 13:10-13:18. Other officers approached, and Moon put his hands above his head. [32] at 13:14. Moon can be heard saying “I haven’t swallowed anything” and “my mouth is open.” [32] at 13:18-13:34. After approximately fifteen seconds, Smith released his grip on Moon’s neck. [32] -at 13:22. Smith directed Moon to stand up and face the patrol car, which Moon did. [32] at 13:25. Smith placed Moon in handcuffs and searched him again. [32] 13:32-14:46. No drugs were found, and Moon was led away in handcuffs. [32] at 14:47.

Moon was charged with disorderly conduct. In Rockdale County, it is considered disorderly conduct to “[w]illfully obstruct, resist, oppose or hinder any law enforcement officer in the lawful discharge of his official duties.” Rockdale Cty. Ordinance § 66-1. The charge was later dismissed.

Moon alleges that Duren had no legitimate reason to stop Jennings’s vehicle, and that Duren and Smith falsely claimed to smell marijuana as a pretext for searching the vehicle. He claims that Smith had no reason for grabbing his throat and pushing him by the throat onto the patrol car, and that Smith used excessive force.

B. Procedural Background

Moon filed an amended complaint [14] that, while comporting with minimum standards under the federal rules, leaves ambiguity as to what claims he is asserting. Moon does not enumerate the claims he is asserting.' Paragraphs in the amended complaint appear to combine factual allegations with legal claims, and Moon does not make clear which claims are based on state law and which are based on federal law. However, Defendants did not move to dismiss the complaint, and appear from the answer [16] and motion for summary judgment [31] to understand the claims against them and are able to mount a reasonable defense. Therefore, the Court will use the parties’ briefs to resolve any ambiguity regarding the claims asserted.

As far as the Court can tell, based on both the complaint and the issues addressed by the parties in the motion for summary judgment, Moon asserts the following state law claims: assault and battery, [14] at ¶8 & 11; false imprisonment, [14] at ¶15; false arrest, [14] at ¶15; malicious prosecution, [14] at ¶15; conspiracy, [14] at ¶19; and negligent hiring, training and supervision of law enforcement officers, [14] at ¶26. Moon does not cite any federal law related to these claims, so they are presumably state law claims.3 Moon clearly alleges federal claims under 42 U.S.C. § 1983, § 1985 and § 1986 based on violations of the Fourth and Fourteenth Amendments. [14] at ¶10,18 & 24.

II. Legal Standard

Summary judgment is appropriate when “there, is no genuine dispute as to any [1375]*1375material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a), There is a “genuine” dispute as to a material fact if “the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” FindWhat Investor Grp. v. FindWhat.com, 658 F.3d 1282, 1307 (11th Cir.2011) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)). In making this determination, “a court may not weigh conflicting evidence or make credibility determinations of its own.” Id. Instead, the court must “view all of the evidence in the light most favorable to the nonmoving party and draw all reasonable inferences in that party’s favor.” Id.

The moving party bears the initial burden of showing the court, by reference to materials on file, that there are no genuine issues of material fact that should be decided at trial. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). If the nonmoving party would have the burden of proof at trial, there are two ways for the moving party to satisfy this initial burden. United States v. Four Parcels of Real Prop., 941 F.2d 1428, 1437-38 (11th Cir.1991).

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
188 F. Supp. 3d 1369, 2016 U.S. Dist. LEXIS 69619, 2016 WL 3035552, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moon-v-rockdale-county-gand-2016.