P worked for Disney (D) as a server at Disney's (D) Ohana restaurant. Disney (D) investigators had discovered a discrepancy between the number of guests that P 'rung up' on the register and the number of guests actually served by P. The investigators interviewed P, and he confessed to theft. Disney (D) then contacted the Sheriff wherein Officer Stephens (D) arrived, advised P of his rights and when P asked for an attorney, the officer arrested P on a charge of employee theft. On June 29, 1998, P brought this action against defendants Walt Disney (D), the private security investigators and the Sheriff of Orange County, Florida (D). P alleged six causes of action including false imprisonment, false arrest, malicious prosecution, defamation, violating of civil rights, and conspiracy to violate civil rights all in violation of 42 U.S.C. § 1983. The basis for adding Sheriff Beary (D)as a defendant was that Officer Stephens (D) purportedly did not have personal knowledge of the facts purporting to constitute probable cause for P's arrest. P claimed that Stephens (D) impermissibly relied solely on D's private security personnel to provide him information to support P's arrest. The Sheriff's (D) lawyer sent letters asking to be removed from the suit and if not, the Sheriff would seek attorney fees. During depositions, P admitted there was probable cause for his arrest. The Sheriff (D) moved for summary judgment on P's claims of false arrest and conspiracy to violate civil rights. It was granted, and P was ordered to show cause in 20 days why attorney fees should not be assessed.

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