Reasonover v. Wellborn

195 F. Supp. 2d 827, 2001 U.S. Dist. LEXIS 23482, 2001 WL 1841158
CourtDistrict Court, E.D. Texas
DecidedNovember 28, 2001
Docket9:01-cv-00079
StatusPublished

This text of 195 F. Supp. 2d 827 (Reasonover v. Wellborn) is published on Counsel Stack Legal Research, covering District Court, E.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Reasonover v. Wellborn, 195 F. Supp. 2d 827, 2001 U.S. Dist. LEXIS 23482, 2001 WL 1841158 (E.D. Tex. 2001).

Opinion

OPINION AND ORDER

COBB, District Judge.

Before the court are the defendants’ motions for summary judgment and the court having considered the motions is of the opinion that Summary Judgment should be Granted.

I. BACKGROUND

On April 8, 1999, Houston County Sheriff Jimbo Raines received an anonymous Crime Stoppers’ tip as the result of a reward Crime Stoppers had offered for the return of two stolen riding lawnmowers. The tip indicated the mowers were on the property of the plaintiff, Ms. Neta Jane Reasonover Rodgers (“Ms.Reasonover”). Ms. Reasonover lived with her husband, Severn Rodgers, on a piece of property owned by him in Grapeland, Texas. Ms. Reasonover also owned a separate piece of property she had inherited in Grapeland (“Ms. Reasonover’s property”). Sheriff Raines and Deputy Robert Wellborn had the description and identification numbers of the mowers, and knew the initials of the true owner had been scratched into the hood of one of the mowers. Raines met Wellborn at Ms. Reasonover’s property, and from the road could see a lawnmower parked in a shed behind the house. Upon inspection of the mower, Raines and Well-born discovered the serial number matched one of the stolen mowers and that there were initials scratched into the hood.

Sheriff Raines and Deputy Wellborn knocked on the door to the house on the *829 property, but received no answer. After confirming the lawnmower was stolen, Raines, Wellborn, and Deputy Randy Hardgrove proceeded to Mr. Rodgers’s property, where he and Ms. Reasonover lived. Mr. Rodgers gave the deputies permission to search the property, and also made a statement that lead the officers to believe that he and Ms. Reasonover had the other stolen lawnmower. The second stolen lawnmower was found behind Mr. Rodgers’s and Ms. Reasonover’s home. Additional stolen property was also found at this location, including a 1998 GMC pickup truck, a 1994 Green Jeep Grand Cherokee, and a four wheeler.

Deputy Mike Moines was called to the scene after the stolen property was found, and took Ms. Reasonover to the Houston County Sheriffs Department to get a written statement from her. Mr. Rodgers followed in his own truck, neither Rodgers nor Reasonover were under arrest at that time. Ms. Reasonover gave written permission for the Houston County Sheriffs Department to do a follow-up search of the property she owned. Approximately $70,000 in stolen property was found on the two properties.

Ms. Reasonover gave a written statement to Deputy Moines in which she claimed not to know anything about the stolen property. However, after receiving a written statement from Mr. Rodgers, Deputy Wellborn made the decision to arrest Mr. Rodgers and Ms. Reasonover for possession of stolen property. At that time, Deputy Wellborn believed they had knowledge of the stolen items on their property.

Ms. Reasonover was arrested without a warrant on the afternoon of April 8, 1999. After the arrest, Deputy Wellborn executed a probable cause affidavit. On April 9, 1999, Deputy Wellborn executed a complaint against Ms. Reasonover and she went before a judge who set her bond. By the afternoon of April 9, 1999, Ms. Reason-over was released on bond.

On July 22, 1999, Ms. Reasonover and Mr. Rodgers were indicted by a Houston County grand jury. Ms. Reasonover’s indictment contained two counts of stolen property, one for a lawnmower and one for the 1998 GMC truck.

Mr. Rodgers pled guilty to the charge of possession of stolen property. Part of the arrangement of his guilty plea was that the charges would be dropped against Ms. Reasonover. On May 12, 2000, after Mr. Rodgers agreed to plead guilty, the possession of stolen property charges against Ms. Reasonover were dropped. The state’s motion to dismiss the charges against Ms. Reasonover referenced the plea of guilty by Mr. Rodgers and the charges against Ms. Reasonover would not have been dropped had Mr. Rodgers not pled guilty.

The parties agree defendants were acting under color of law when the incident took place. Plaintiff alleges that the above acts amounted to an unlawful arrest and detention in violation of the Fourth Amendment as made applicable by the Fourteenth Amendment, for which redress is provided by 42 U.S.C. § 1983, and for which all defendants are liable for compensatory damages.

II. SUMMARY JUDGMENT STANDARD

Under Rule 56(c) of the Federal Rules of Civil Procedure, a court should grant summary judgment when “there is no genuine issue as to any material fact and [ ] the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552-53, 91 L.Ed.2d 265 (1986).

*830 A fact is material if it might affect the outcome of a case under the governing substantive law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2513, 91 L.Ed.2d 202 (1986). A genuine issue exists when, in the context of the entire record, a reasonable fact-finder could return a verdict for the non-movant. Lujan v. National Wildlife Federation, 497 U.S. 871, 885-86, 110 S.Ct. 3177, 111 L.Ed.2d 695 (1990). The court must view the evidence introduced and all factual inferences from the evidence in the light most favorable to the party opposing summary judgment. Eastman Kodak v. Image Technical Services, 504 U.S. 451, 478, 112 S.Ct. 2072, 2088, 119 L.Ed.2d 265 (1992); Lemelle v. Universal Mfg. Corp., 18 F.3d 1268, 1272 (5th Cir.1994). However, this favorable presumption for the non-movant exists only when the non-movant presents an actual controversy of fact. Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir.1994).

III. THE INDIVIDUAL DEFENDANTS

Plaintiff Reasonover alleges she was unlawfully arrested and detained in violation of the Fourth Amendment, specifically that she was subjected to a warrantless arrest without probable cause. The individual defendants invoke the protection of qualified immunity. This court finds for the individual defendants and reiterates that “a constitutional violation does not occur every time someone feels that they have been wronged or treated unfairly.” Shinn ex rel. Shinn v. College Station Indep. Sch. Dist., 96 F.3d 783, 786 (5th Cir.1996).

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

Related

Mangieri v. Clifton
29 F.3d 1012 (Fifth Circuit, 1994)
Little v. Liquid Air Corp.
37 F.3d 1069 (Fifth Circuit, 1994)
Sanchez v. Swyden
139 F.3d 464 (Fifth Circuit, 1998)
Mendenhall v. Riser
213 F.3d 226 (Fifth Circuit, 2000)
Brown v. Lyford
243 F.3d 185 (Fifth Circuit, 2001)
Beck v. Ohio
379 U.S. 89 (Supreme Court, 1964)
City of Los Angeles v. Heller
475 U.S. 796 (Supreme Court, 1986)
Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (Supreme Court, 1986)
Lujan v. National Wildlife Federation
497 U.S. 871 (Supreme Court, 1990)
Hunter v. Bryant
502 U.S. 224 (Supreme Court, 1991)
Eastman Kodak Co. v. Image Technical Services, Inc.
504 U.S. 451 (Supreme Court, 1992)
Page v. Bartels
248 F.3d 175 (Third Circuit, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
195 F. Supp. 2d 827, 2001 U.S. Dist. LEXIS 23482, 2001 WL 1841158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reasonover-v-wellborn-txed-2001.