Occupy Columbia v. Haley

922 F. Supp. 2d 524, 2013 WL 496334, 2013 U.S. Dist. LEXIS 16702
CourtDistrict Court, D. South Carolina
DecidedFebruary 7, 2013
DocketC/A No. 3:11-cv-03253-CMC
StatusPublished
Cited by2 cases

This text of 922 F. Supp. 2d 524 (Occupy Columbia v. Haley) is published on Counsel Stack Legal Research, covering District Court, D. South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Occupy Columbia v. Haley, 922 F. Supp. 2d 524, 2013 WL 496334, 2013 U.S. Dist. LEXIS 16702 (D.S.C. 2013).

Opinion

OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS

CAMERON McGOWAN CURRIE, District Judge.

This matter is before the court on Defendants’ motion to dismiss the Third Amended Complaint or for judgment on the pleadings pursuant to Rules 12(b) and 12(c) of the Federal Rules of Civil Procedure. Defendants argue that Plaintiffs’ claims for injunctive relief are moot and that Defendants have qualified immunity as to Plaintiffs’ claims for money damages. For reasons explained below, the court grants Defendants’ motion as to Plaintiffs’ claims for injunctive relief and denies the motion as to Plaintiffs’ claims for money damages.

STANDARD

A motion under Federal Rule of Civil Procedure 12(c) is assessed under thé same standards as a Rule 12(b)(6) motion. See Walker v. Kelly, 589 F.3d 127, 139 (4th Cir.2009). A motion under Federal Rule of Civil Procedure 12(b)(6) should be granted only if, after accepting all well-pleaded allegations in the complaint as true, it appears certain that the plaintiffs cannot prove any set of facts in support of their claims that entitles them to relief. See Edwards v. City of Goldsboro, 178 F.3d 231, 244 (4th Cir.1999). Although the court must take the facts in the light most favorable to the plaintiffs, it “need not accept the legal conclusions [the plaintiffs would draw] from the facts.” Giarratano v. Johnson, 521 F.3d 298, 302 (4th Cir.2008) (quoting Eastern Shore Mkts., Inc. v. J.D. Assocs. Ltd. P’ship, 213 F.3d 175, 180 (4th Cir.2000)). The court may also disregard any “unwarranted inferences, unreasonable conclusions, or arguments.” Id.

The Rule 12(b)(6) standard has often been expressed as precluding dismissal unless it is certain that the plaintiffs are not entitled to relief under any legal theory that plausibly could be suggested by the facts alleged. See Mylan Labs., Inc. v. Matkari, 7 F.3d 1130, 1134 (4th Cir.1993). Nonetheless, the plaintiffs must allege “enough facts to state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) (quoted in Giarratano, 521 F.3d at 302).

As recently explained by the Fourth Circuit,

“Although a motion pursuant to Rule 12(b)(6) invites an inquiry into the legal sufficiency of the complaint, not an analysis of potential defenses to the claims set forth therein, dismissal nevertheless is appropriate when the face of the complaint clearly reveals the existence of a meritorious affirmative defense.” Brooks v. City of Winston-Salem, 85 F.3d 178, 181 (4th Cir.1996). One such defense is that of qualified immunity. Jenkins [v. Medford ], 119 F.3d [1156,] 1159 [ (4th Cir.1997) ].

Brockington v. Boykins, 637 F.3d 503, 506 (4th Cir.2011). On a 12(b)(6) motion, “the facts set forth are from the vantage point of [Plaintiffs], with all reasonable inferences drawn in [their] favor.” Tobey v. Jones, 706 F.3d 379, 383 (4th Cir.2013).

[527]*527BACKGROUND

Allegations.1 Occupy Columbia was organized in early October 2011, and protestors began occupying the State House grounds on October 15, 2011. Third Am. Compl. ¶¶ 31-33. Plaintiffs’ “occupation” consisted of “protesting around-the-clock at the site.” Id. ¶ 34. Plaintiffs allege that “[p]hysically occupying the State House grounds, including sleeping overnight on the grounds, is the only effective manner in which Occupy Columbia members can express their message of taking back our state to create a more just, economically egalitarian society.” Id. ¶ 35. They allege that Occupy Columbia is a “peaceful protest,” causing no disruption to the state. Id. ¶ 41.

Plaintiffs allege that they “inquired as to the permitting requirements” for the State House grounds, and were “given a handout by Defendant Division of General Services and told they would probably not receive a permit if they applied.”2 Id. ¶ 50. Plaintiffs were later informed “that under no circumstances would any permission to sleep or use tents on the State House grounds have been given to the Plaintiffs.” Id. Plaintiffs allege that “no application for a permit is available on any public source such as the internet or at the front counter of the Division of General Services.” Id. ¶ 57.

After “occupying” the State House grounds for over thirty days, Plaintiffs “were forcibly seized, arrested, and removed” from the premises on November 16, 2011. Id. ¶ 53. Plaintiffs allege that their removal was prompted by a letter from Senator Harvey Peeler “imploring [Governor Haley] to remove Occupy Columbia [because] the ‘Governor’s Carol Lighting’ of the State Christmas Tree would be more pleasant without protestors present.” After receiving Peeler’s letter dated November 16, 2011, Governor Haley issued a letter to the Director of the Department of Public Safety (Director Smith) and the Chief of Police of the Bureau of Protective Services (Chief Wise) and held a press conference “setfting] a curfew to 6:00 p.m.” that same date. Id. ¶¶ 60-61. In her letter to Defendants Smith and Wise, Governor Haley cited a Budget and Control Board policy “requiring] any individual or organization that wishes to remain at the Statehouse after 6:00 p.m. to receive written permission from the agency.” Dkt. No. 42-1 at 2. Governor Haley explained that “[g]roups have uniformly followed this content-neutral policy for years” and that Occupy Columbia had failed to seek or receive such permission, “yet they have essentially taken to living [528]*528on Statehouse property.” Id. After explaining problems associated with Occupy Columbia, such as damage to the State House grounds and the need for extra security, Governor Haley ordered Defendants Smith and Wise to “remov[e] any individual associated with the ‘Occupy Columbia’ group, as well as his or her belongings, who remains on Statehouse grounds after 6:00 p.m. without written authorization from the Budget and Control Board.” Id. at 3. Later that evening, “nineteen [0]ccupy protestors were arrested” for trespassing and taken to the Alvin S. Glenn Detention Center.3 Third Am. Compl. ¶¶ 61, 85. They were released on personal recognizance bonds early the following morning. Id. ¶ 61. The charges against all protestors were later dismissed. Id.

Plaintiffs allege that there were no regulations for use of the State House grounds. Id. ¶ 17. “Instead, the Budget and Control Board claimed that a document entitled ‘Conditions for Use of South Carolina State House and Grounds’ had the force of law and authorized the arrests of the Plaintiffs.” Id. ¶ 18. Paragraph 8 of the Conditions provides:

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Cite This Page — Counsel Stack

Bluebook (online)
922 F. Supp. 2d 524, 2013 WL 496334, 2013 U.S. Dist. LEXIS 16702, Counsel Stack Legal Research, https://law.counselstack.com/opinion/occupy-columbia-v-haley-scd-2013.