Williams v. City Of Jacksonville Police Department

599 S.E.2d 422 (N.C. App. 2004)

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Nature of the Case

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Facts

During a traffic stop, Williams (P) was ordered out of the car at gunpoint by Officers Houston (D) and Burkhart (D). P later sued Ds in state court for exceeding the scope of the stop and use of excessive force. P asserted claims for: personal injuries, pain and suffering, humiliation, loss of liberty and emotional distress, violations of his 4th and/or the 14th Amendments rights against unlawful seizures, false arrest and negligence under the laws of the State of North Carolina, and against City (D) for intentionally or negligently failing to properly train its officers. Ds removed to the Federal District Court based on P's assertion of a violation of §1983. Ds moved for summary judgment. The motion was granted. Judge Fox found, as a matter of law: (1) Ds had probable cause to stop and detain P; (2) Ds acted reasonably in conducting a pat-down search and in using 'threat of force;' and (3) Ds did not use excessive force. The Judge concluded, 'Because the officers [Houston and Burkhart] did not commit any constitutional violation, summary judgment is also appropriate as to P's claims against the City (D).' The court declined to exercise supplemental jurisdiction over state pendent claims. The suit was dismissed without prejudice. P then sued in state court, asserting state-law claims. Ds once again moved for summary judgment this time based on res judicata and collateral estoppel. The motion as denied and Ds appealed.