Vandiver v. Meriwether Cnty.

325 F. Supp. 3d 1321
CourtDistrict Court, N.D. Georgia
DecidedAugust 7, 2018
DocketCIVIL ACTION FILE NO. 3:17-cv-114-TCB
StatusPublished
Cited by3 cases

This text of 325 F. Supp. 3d 1321 (Vandiver v. Meriwether Cnty.) is published on Counsel Stack Legal Research, covering District Court, N.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vandiver v. Meriwether Cnty., 325 F. Supp. 3d 1321 (N.D. Ga. 2018).

Opinion

Timothy C. Batten, Sr., United States District Judge

This case comes before the Court on Defendant Meriwether County's motion [6] to dismiss.

*1325I. Background

On May 23, 2015, Meriwether County issued citations to Plaintiff Paul Vandiver for violations of zoning ordinances related to business registration and noise regulation. It can be inferred from the complaint that sometime thereafter the County referred the violations to the office of Peter Skandalakis, district attorney for the Coweta Judicial Circuit.1

On August 17, assistant district attorney Robert Peterkin obtained a twenty-four count indictment in Meriwether County Superior Court for the ordinance violations. Two days later, the County dismissed four of the County-issued citations against Vandiver.

Based on the remaining counts in the indictment, Peterkin moved on behalf of the State2 to place Vandiver in custody and set a $10,000 bond. The superior court granted the motion and Vandiver was arrested. Vandiver posted bond, which was subsequently revoked on the State's motion. He was, once again, arrested. He was later released on a supersedeas bond order.

After this, on March 10, 2016, Beth Neely-Hadley, Chairman of the Meriwether County Board of Commissioners, sent a letter purporting to represent the entire commission. The letter was addressed to district attorney Skandalakis and states:

This letter is in reference to the Vandiver case that is currently being heard in Superior Court, Coweta Judicial Circuit, Meriwether County, Georgia.
The Meriwether County Board of Commissioners is aware that the District Attorney's office is representing Meriwether County in this matter, and have consented to this representation.
Please accept this letter as the Board of Commissioner's formal request for your office to continue your representation of this case on behalf of Meriwether County.
Should you have questions or need additional information, please contact our office. Thanks again for your assistance to our County.

[1-4] at 1.

The case proceeded until the Superior Court dismissed the indictment on April 21, 2016, because proceedings for violation of county ordinances are required to be by citation or accusation-not indictment-under O.C.G.A. § 15-10-62(a).

On August 17, 2017, Vandiver filed this 42 U.S.C. § 1983 action against the County for false arrest (Count I) and malicious prosecution (Count II). The County has moved to dismiss based on Vandiver's failure to demonstrate that the deprivation of rights was the result of a County policy or custom.

*1326II. Legal Standard

Federal Rule of Civil Procedure 8(a)(2) requires that a complaint provide "a short and plain statement of the claim showing that the pleader is entitled to relief[.]" This pleading standard does not require "detailed factual allegations," but it does demand "more than an unadorned, the-defendant-unlawfully-harmed-me accusation." Chaparro v. Carnival Corp. , 693 F.3d 1333, 1337 (11th Cir. 2012) (quoting Ashcroft v. Iqbal , 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) ).

Under Rule 12(b)(6), a plaintiff must plead "enough facts to state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly , 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) ; Chandler v. Sec'y of Fla. Dep't of Transp. , 695 F.3d 1194, 1199 (11th Cir. 2012) (quoting id. ). The Supreme Court has explained this standard as follows:

A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged. The plausibility standard is not akin to a "probability requirement," but it asks for more than a sheer possibility that a defendant has acted unlawfully.

Iqbal , 556 U.S. at 678, 129 S.Ct. 1937 (citation omitted) (quoting Twombly , 550 U.S. at 556, 127 S.Ct. 1955 ); see also Resnick v. AvMed, Inc. , 693 F.3d 1317, 1324-25 (11th Cir. 2012).

Thus, a claim will survive a motion to dismiss only if the factual allegations in the complaint are "enough to raise a right to relief above the speculative level...." Twombly , 550 U.S. at 555-56, 127 S.Ct. 1955 (citations omitted). "[A] formulaic recitation of the elements of a cause of action will not do." Id. at 555, 127 S.Ct. 1955 (citation omitted).

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