Pitts v. City of Cuba

910 F. Supp. 2d 1161, 2012 U.S. Dist. LEXIS 163800, 2012 WL 5830585
CourtDistrict Court, E.D. Missouri
DecidedNovember 16, 2012
DocketCase No. 4:10CV00274 ERW
StatusPublished

This text of 910 F. Supp. 2d 1161 (Pitts v. City of Cuba) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pitts v. City of Cuba, 910 F. Supp. 2d 1161, 2012 U.S. Dist. LEXIS 163800, 2012 WL 5830585 (E.D. Mo. 2012).

Opinion

MEMORANDUM AND ORDER

E. RICHARD WEBBER, Senior District Judge.

This matter comes before the Court on Defendants Randy Martin and Jay Coleman’s Motion for Summary Judgment [ECF No. 177]. For the reasons set forth below, their Motion is granted.

[1163]*1163I. BACKGROUND

On February 16, 2010, Plaintiffs Sharon Pitts (“Plaintiff Pitts”), Lisa King (“Plaintiff King”), Marilyn Copling (“Plaintiff Copling”), and Daniel Pitts, (collectively, “Plaintiffs”), acting pro se, filed a complaint against twenty-two individuals and eight public entities [ECF No. 1]. Plaintiffs alleged thirteen counts against Defendant Jay Coleman (“Defendant Coleman”) and twelve counts against Defendant Randy Martin (“Defendant Martin”). Pursuant to a Motion to Dismiss [ECF No. 43], six counts, including three conspiracy claims under 42 U.S.C. § 1985, against Defendants Martin and Coleman were dismissed for failure to state a claim [ECF No. 87]. Plaintiffs filed an Amended Complaint on January 31, 2011 [ECF No. 89], setting forth twenty-four counts of alleged constitutional and civil rights violations.1 In their Amended Complaint, Plaintiffs set forth three claims (under Counts I, II, and III) against Defendants Martin and Coleman for violation of their rights pursuant to the First, Fourth, Fifth, Eighth, and Fourteenth Amendments, under 42 U.S.C. § 1983.2 On September 24, 2012, Defendants Martin and Coleman filed a Motion for Summary Judgment [ECF No. 177], Plaintiffs filed their Response in Opposition to Defendant Randy Martin and Jay Coleman’s Motion for Summary Judgment (“Response in Opposition”) on October 18, 2012 [ECF No. 192].3 Defendants filed their Reply on October 26, 2012 [ECF No. 196],

In compliance with E.D. Mo. 7-4.01(E), Defendants Martin and Coleman filed a Statement of Uncontroverted Material Facts [ECF No. 179] in support of their Motion for Summary Judgment. Plaintiffs’ Response in Opposition includes a separate Statement of Uncontroverted Facts for each Plaintiff. Plaintiffs do not make reference to the facts set forth by Defendants in their Statement of Uncontroverted Material Facts, nor do they note the paragraph number from the Defendants’ listing, as required by this Court’s Local Rules. The Statements of Uncontroverted Facts submitted by Plaintiffs contain many factual assertions that are wholly irrelevant for purposes of evaluating Defendants’ Motion. Because Plaintiffs fail to controvert the matters set forth by Defendants in their Statement of Uncontroverted Material Facts, the assertions are deemed admitted.4 See Jones v. United Parcel Serv., Inc., 461 F.3d 982, 991 (8th Cir.2006) (concluding that the district court did not abuse its discretion in deeming defendants’ statements admitted, as plaintiffs’ statement of controverted facts and response to defendants’ uncontroverted facts violated local rules).

The following facts are those deemed admitted as Plaintiffs failed to controvert them.5 An altercation occurred on Febru[1164]*1164ary 28, 2008, between Plaintiffs Pitts and King and their father, Leroy Copling. Plaintiffs allege they were assaulted by their father. As a result of the altercation, a report was made to the City of Cuba police on behalf of Leroy Copling, stating that he was assaulted/abused by his daughters, Plaintiffs Pitts and King.6 Charges of adult abuse were filed against Plaintiffs Pitts and King. Warrants were issued by the Crawford County Circuit Court for the arrest of Pitts and King for elder abuse on March 7, 2008.

On March 7, 2008, then Sargent (now Chief) Defendant Paul Crow, of the Cuba, Missouri Police Department placed Lisa King under arrest pursuant to the outstanding warrant for elder abuse. Prior to executing the arrest warrant, Defendant Crow verified that the warrant was active and valid. The arrest occurred at the residence of Plaintiffs Pitts and King’s parents, Leroy and Marilyn Copling. Defendant Jay Coleman, a Deputy of the Crawford County Sheriffs Department, was present for the arrest of Lisa King as back-up. Deputy Coleman did not place Plaintiff Lisa King under arrest, nor did he touch Plaintiff Marilyn Copling during the arrest of Lisa King. He did not threaten or display inappropriate behavior towards Plaintiff Marilyn Copling.

On March 7, 2008, Defendant Rhonda Shanika, a Trooper with the Missouri State Highway Patrol, placed Sharon Pitts under arrest pursuant to the outstanding warrant for elder abuse. Prior to executing the warrant, Defendant Shanika verified that the warrant was active and valid. Deputy Coleman was present for the arrest of Sharon Pitts as back-up. He did not place Sharon Pitts under arrest.

All deputies and officers of the Crawford County Sheriffs Department have graduated from a POST accredited law enforcement academy with at least 470 hours of basic training, and are POST certified by the Missouri Department of Public Safety. All deputies and officers of the Crawford County Sheriffs Department complete at least 48 hours of continuing education every three years and maintain their POST certification. Defendant Coleman is POST (Peace Officer Standards in Training) certified by the Missouri Department of Public Safety. He has completed at least 48 hours of continuing education every three years since 1998, and has over 50 hours of training in arrest techniques and serving arrest warrants.

Based upon complaints made by Lisa King and Sharon Pitts, on July 25, 2011, Defendant Martin wrote to the Crawford County Prosecuting Attorney, William Seay, asking Mr. Seay to direct a request for an investigation of alleged corruption on the part of the Crawford County Sheriffs Department and the City of Cuba Police Department to the DDCC (Division of Drug and Crime Control of the Missouri State Highway Patrol).

II. LEGAL STANDARD

As an initial matter, the Court notes that plaintiff is a pro se litigant, and as such, her pleadings are held “to less stringent standards than formal pleadings drafted by lawyers.” Ellis v. Butler, 890 F.2d 1001, 1003 (8th Cir.1989) (quoting Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972)). Nevertheless, plaintiff must comply with substantive and procedural law. See Am. In[1165]*1165mate Paralegal Ass’n v. Cline, 859 F.2d 59, 61 (8th Cir.1988).

A court shall grant a motion for summary judgment only if the evidence, viewed in the light most favorable to the nonmoving party, demonstrates that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Lynn v. Deaconess Medical Center-West, 160 F.3d 484, 486 (8th Cir.1998) (citing Fed.R.Civ.P. 56(c)).

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Bluebook (online)
910 F. Supp. 2d 1161, 2012 U.S. Dist. LEXIS 163800, 2012 WL 5830585, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pitts-v-city-of-cuba-moed-2012.