Tuskan v. Jackson County

134 F. Supp. 3d 1041, 2015 U.S. Dist. LEXIS 129288, 2015 WL 5667224
CourtDistrict Court, S.D. Mississippi
DecidedSeptember 25, 2015
DocketCivil No. 1:13cv356-HSO-RHW
StatusPublished
Cited by1 cases

This text of 134 F. Supp. 3d 1041 (Tuskan v. Jackson County) is published on Counsel Stack Legal Research, covering District Court, S.D. Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tuskan v. Jackson County, 134 F. Supp. 3d 1041, 2015 U.S. Dist. LEXIS 129288, 2015 WL 5667224 (S.D. Miss. 2015).

Opinion

MEMORANDUM OPINION AND ORDER GRANTING MOTION FOR SUMMARY JUDGMENT BASED ON QUALIFIED IMMUNITY

HALIL SULEYMAN OZERDEN, District Judge.

BEFORE THE COURT is the Motion for Summary Judgment Based on Qualified Immunity [60] filed by Defendants Mike Byrd and Hope Thornton. The Motion is fully briefed. Having considered the parties’ submissions, the record, and relevant legal authorities, the Court is of the opinion that Defendants Byrd and Thornton are entitled to qualified immunity as to Plaintiffs federal law claims. The Motion should be granted.

I. BACKGROUND

A. Factual Background

On March 8, 2011, Defendant Hope Thornton (“Thornton”), a detective with the Jackson County, Mississippi Sheriffs Office (“JCSO”), received information from the “Children Protection System” advising that Internet Protocol address (“IP address”) 174.126.136.2 “had down loaded [sic] what appeared to be child pornography.” Investigator’s Report 1 [60-1]. Thornton began surveillance of IP address 174.126.136.2, and obtained additional evidence of similar downloads. Id. On May 31, 2011, Thornton sent a grand jury subpoena duces tecum to Cable One, Inc. (“Cable One”), the internet service provider related to IP address 174.126.136.2, and on June 1, 2011, Cable One produced information revealing that IP address 174.126.136.2 was assigned to Plaintiff Ronald Tuskan (“Tuskan”). Id. at 2.

Thornton proceeded to obtain search warrants for both Tuskan’s home and place of employment. Id. The search warrant related to Tuskan’s place of employment was signed by a County Court judge on June 1, 2011, and listed Northrop Grumman a/k/a Ingalls Shipbuilding, 3943 Denny Avenue, Pascagoula, Mississippi (“Search Warrant-Ingalls”), as the location to be searched, and permitted a search of computers and other electronic equipment, among other areas of Tuskan’s office. Search Warrant-Ingalls 1-2 [60-2]. The search warrant for Tuskan’s home was dated June 1, 2011, and listed 1902 Miller Street, Pascagoula, Mississippi (“Search Warrant-Miller Street”), as the location to be searched and authorized a search of Tuskan’s home and his personal computer located at the home. Search Warrant-Miller Street 1-2 [60-3].1

Thornton, along with JCSO Deputy Lonnie Porter (“Porter”), made contact with Tuskan at his place of employment on June 1, 2011, at some time shortly after 11:30 a.m. Dep. of Ronald Tuskan (“Tus-kan Dep.”) 10:21-11:2 [60-7]. Thornton conveyed to Tuskan that child pornography had been downloaded using his IP address. Id. at 14:11-15:2. Tuskan denied having any knowledge of child pornography being downloaded and agreed to allow Thornton to scan his personal com[1045]*1045puter at his home. Id. at 15:3-20. According to Tuskan, he allowed the scan of his personal computer because Thornton “told [him] that it would go better if [he] agree[d]” to allow the scan, and Thornton told him “[t]hat she could get a search warrant within an hour....” Id. at 16:5-10. As Tuskan, Thornton, and Porter began to leave to drive to Tuskan’s home, Tuskan alleges that Porter prevented Tus-kan from driving himself in his own car and directed Tuskan to ride with him. Id. at 18:3-19:16. Tuskan complied. Id.

Once at Tuskan’s home, Thornton and another JCSO investigator performed a scan of Tuskan’s personal computer. Id. at 19:20-20:3. At some point after Thornton had entered Tuskan’s home, Thornton discovered that Tuskan had installed a internet router which provided wireless access to Tuskan’s internet connection to computers and devices within 250 feet of Tuskan’s home. Id. at 19:20-20:3, 24:1-7. The scan of Tuskan’s personal computer did not reveal any child pornography on the computer. Id. at 21:22-25. Thornton, however, suspected that any of Tuskan’s neighbors within 250 feet of his home could have used Tuskan’s wireless internet router to gain access to the internet because the wireless internet signal was not password protected. Id. at 24:1-7; Investigator’s Report 3 [60-1], Thornton and the other JCSO personnel then left Tus-kan’s home and went to his next door neighbor’s house, where the investigation continued. Tuskan Dep. 24:1-7 [60-7]; Investigator’s Report 3 [60-1]. Porter then gave Tuskan a ride back to work and Tuskan returned to work by 2:30 p.m. Tuskan Dep. 24:17-25:15 [60-7], Tuskan was not disciplined in any way by his employer following the incident. Id. at 30:2-17.

Tuskan acknowledges that he has no personal knowledge as to whether Byrd was personally involved in the investigation of Tuskan. Tuskan Dep. 29:23-30:1[607]. According to Thornton, she “did not receive any instructions from [Sheriff] Mike Byrd to investigate or arrest [Tuskan], nor did [she] ever speak with Mike Byrd regarding the investigation of [Tuskan].” Thornton Aff. ¶ 7 [60— 8]. Absent from the record is any evidence that Byrd was involved in the investigation of Tuskan at any point in time. See Investigator’s Report 1-6 [60-1]; Tuskan Dep. 26:13-27:22, 29:2330:1 [60-7]; Thornton Aff. ¶¶ 1-9 [60-8].

B. Procedural Background

Tuskan filed the Complaint [1] in this case on September 11, 2013, advancing claims pursuant to 42 U.S.C. §§ 1983, 1985, and 1988. Compl. 1-10[1]. The Complaint alleges that Defendants violated Tuskan’s right to be free from false arrest as provided by the Fourth and Fourteenth Amendments to the United States Constitution, his right to be free from unreasonable seizures under the Fourth and Fourteenth Amendments, and his right not to be deprived of liberty without due process of law as guaranteed by the Fifth and Fourteenth Amendments. Id. at 1112. Tuskan appears to advance a claim for abuse of process under both federal and state law, a claim for “violation of civil rights” claiming that Defendants also “violated [Tuskan’s] right of free speech, to be free from unreasonable seizure, kidnapping, false imprisonment, and the right to due process of law, as secured by the First, Fourth, and Fourteenth Amendments[,]” and a claim for “conspiracy and neglect” under federal law.2 Id. at 13-16, [1046]*104617-18. Tuskan further asserts Defendants violated his right to remain silent provided by the Fifth Amendment. Id. at 17. As to Jackson County, Tuskan seems to raise a claim under the Mississippi Tort Claims Act, Mississippi Code Annotated §§ 11-46-1 to -23 (“MTCA”), and a claim for § 1983 liability based on a theory of re-spondeat superior. Id. at 19-20.

Byrd and Thornton now seek summary judgment as to Tuskan’s claims against them in their individual capacities on the basis of qualified immunity. Mem. in Supp. of Mot.. for Summ. J. Based on Qualified Immunity 6-18[61]. Byrd and Thornton contend that the “intra corporate conspiracy doctrine” precludes Tuskan’s claim for “civil conspiracy and neglect” made pursuant to §§ 1985 and 1986. Id. at 68.

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Cite This Page — Counsel Stack

Bluebook (online)
134 F. Supp. 3d 1041, 2015 U.S. Dist. LEXIS 129288, 2015 WL 5667224, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tuskan-v-jackson-county-mssd-2015.