Parker v. Robertson

34 F. Supp. 3d 847, 2014 WL 3749438, 2014 U.S. Dist. LEXIS 104044
CourtDistrict Court, M.D. Tennessee
DecidedJuly 30, 2014
DocketCase No. 3:11-cv-0332
StatusPublished
Cited by1 cases

This text of 34 F. Supp. 3d 847 (Parker v. Robertson) is published on Counsel Stack Legal Research, covering District Court, M.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Parker v. Robertson, 34 F. Supp. 3d 847, 2014 WL 3749438, 2014 U.S. Dist. LEXIS 104044 (M.D. Tenn. 2014).

Opinion

MEMORANDUM

ALETA A. TRAUGER, District Judge.

Defendants Joshua Robertson and Jaime Rice have a filed a Motion for Summary Judgment (Docket No. 41), to which the plaintiff has filed a Response in opposition (Docket No. 48), and the'moving defendants have filed a Reply (Docket No. 52). For the reasons stated herein, the moving defendants’ motion will be granted in part and denied in' part, the plaintiffs federal malicious prosecution claims will be dismissed, and the plaintiffs remaining state law malicious prosecution claims will proceed to trial.

BACKGROUND

I. Facts

On February 24, 2010, the Metropolitan Nashville Police Department (“MNPD”) conducted a “reverse prostitution” sting at the Savoy Motel on Dickerson Road in' Nashville, Tennessee. As part of the sting, Detective Rice (who is female) posed undercover as a prostitute. Officer Robertson also participated in the operation.

The plaintiff, DeJuan Parker, lives in a neighborhood near the motel. On the night of the MNPD sting, Parker was parked in the parking lot of a store adjoining the motel. Detective Rice approached Parker’s car and knocked on the car window. Crediting Parker’s version of events, Parker rolled down his window and asked the woman (Rice) what she wanted. Rice asked Parker if he could help her make some money. Parker asked what she meant, and Rice responded that she needed twenty dollars. Parker said he had twenty dollars but asked Rice what her point was. The woman told Parker that they could discuss the issue further in her [850]*850motel room. Parker categorically stated that he was not interested in going to a motel with her and ended the conversation. Rice walked away. Despite the fact that Parker had not accepted her solicitations, Detective Rice signaled to nearby MNPD officers that a crime had been consummated.

MNPD officers approached Parker’s vehicle, arrested him, handcuffed him, told him that he was under arrest, and walked him to a processing room in the back of the motel. Officer Robertson took Parker’s picture and asked him a series of biographical questions, which Officer Robertson used to fill out the misdemeanor citation that he gave to Parker for (allegedly) patronizing prostitution. The citation included a narrative drafted by Officer Robertson describing the interaction between Parker and Detective Rice, which Officer Robertson drafted himself without assistance from any other officer. According to Parker, Officer Robertson’s citation contained false statements supporting the charge. After being processed and handed his citation, Parker was released (less than an hour after he had been removed from his car by the police), and he was free to leave. Parker was not required to post bond or bail in order to be released.

Following his arrest, the MNPD issued a press release, publicizing Parker’s arrest as part of the prostitution sting, and posted Parker’s picture on the city’s website. Local news channels picked up the story and broadcast it. At the time, Parker had a wife and two children, worked as a teacher in the Metro Nashville Public Schools (“MNPS”) at the Joelton Middle School, volunteered for the Big Brothers of Nashville Program, played as a drummer for his local church, and was pursuing a doctorate degree. On February 26, 2010 (two days after his arrest), the MNPS placed Parker on administrative leave pending review. On March 31, 2010, the MNPS placed him on administrative leave without pay. Thereafter, the MNPS did not renew Parker’s contract and terminated him.

On April 15, 2010, Parker appeared before the Davidson County General Sessions Court for a preliminary hearing concerning the criminal citation. The hearing lasted no more than fifteen minutes.1 At the preliminary hearing, Detective Rice testified pursuant to a subpoena. Parker contends that Detective Rice gave false testimony about her recollection of events during the incident at issue.2 The General Sessions Judge determined that there was no probable cause for Parker’s arrest and dismissed the charge. Officer Robertson did not testify at the hearing or speak to the prosecutor about the case.

Parker incurred legal fees and other fees attempting to defend himself in hearings before school administrators and in his criminal case. Due to the pervasiveness of the news story concerning his alleged solicitation of a prostitute, he lost his job, could not find equivalent employment in Nashville, had his house foreclosed upon, and was forced to relocate to Memphis.

II. Procedural History

On April 5, 2011, more than one year after his arrest but less than one year [851]*851from the General Sessions preliminary hearing, Parker filed a Complaint against Detective Rice, Officer Robertson, the Metropolitan Government of Nashville and Davidson County (“Metro Nashville”), and unnamed “John Doe” officers. (Docket No. 1.) Parker asserted three categories of claims: (1) federal claims under § 1983 for false arrest and malicious prosecution, (2) Tennessee state law claims for false arrest and malicious prosecution, and (3) a state law claim for intentional infliction of emotional distress. After the defendants filed a (partial) Motion for Judgment on the Pleadings, Parker conceded the following points:

• His federal and state false arrest claims, as well his state law intentional infliction of emotional distress claims, were time-barred because they were filed outside Tennessee’s one-year statute of limitations and because the claims had accrued on February 24, 2010, the date of his arrest. See Irick v. Ray, 628 F.3d 787, 788 (6th Cir.2010) (citing Tenn. Code Ann. § 28-3-104(a)(3)); Fox v. DeSoto, 489 F.3d 227, 233 (6th Cir.2007).
• Metro Nashville was immune from Parker’s claims and should be dismissed.

Accordingly, the court dismissed Metro Nashville from the case and dismissed all claims against the remaining individual defendants other than the federal and state malicious prosecution claims. (Docket No. 19.)

On May 14, 2014, the remaining individual defendants filed the instant Motion for Summary Judgment on the remaining federal and state law malicious prosecution claims.3 The defendants contend that Parker’s remaining federal claims are, in essence, time-barred false arrest claims, not malicious prosecution claims. The defendants also argue that, even if the court were to treat the federal claims as timely malicious prosecution claims, Parker cannot meet certain requisite elements of a § 1983 malicious prosecution claim, Parker cannot maintain a § 1983 malicious prosecution claim premised on a violation of the Fourteenth Amendment, the defendants are entitled to qualified immunity, or (at a minimum) Detective Rice is entitled to absolute immunity for her testimony at the preliminary hearing. Finally, the defendants argue that, because Parker’s § 1983 malicious prosecution claims should be dismissed, the court should decline to exercise supplemental jurisdiction over Parker’s state law malicious prosecution claims.

Parker’s response brief inadequately addresses many of the points raised by the defendants.

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Cite This Page — Counsel Stack

Bluebook (online)
34 F. Supp. 3d 847, 2014 WL 3749438, 2014 U.S. Dist. LEXIS 104044, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parker-v-robertson-tnmd-2014.