United States District Court, W.D. Louisiana, Monroe Division
JAMES T. TRIMBLE Jr., District Judge.
Before the court is a "Motion for Summary Judgment by Officer Colby Spillers" (R. #79) wherein the mover seeks summary judgment in his favor pursuant to Federal Rule of Civil Procedure 56; defendant Spillers maintains that there is no genuine issue of material fact for trial and he is entitled to qualified immunity as to all claims. The court notes that plaintiff has filed no opposition to this motion, nor sought an extension of time to file his opposition; the time for doing so has now lapsed.
STATEMENT OF MATERIAL FACTS
On November 22, 2011, plaintiff, Jerome Walker's driver's license was suspended by the Louisiana Office of Motor Vehicles. Also, on that day, there was an outstanding bench warrant for Mr. Walker which had previously been issued by the Second Judicial District Court, Parish of Jackson. Around 10:30 p.m., on the evening of November 22, 2011, Mr. Walker went to Tractor Supply and removed some piping from its rear dumpster. Officer Colby Spillers observed Mr. Walker's vehicle exit the Sears Hometown Store parking lot, next to Tractor Supply; both stores were closed for business.
Officers Spillers became suspicious of Mr. Walker's activity. Officer Spillers followed Mr. Walker's vehicle and observed that the vehicle's license plate light was inoperable and the license plate itself was not clearly legible from a distance of 50 feet in violation of Louisiana Revised Statutes 32:304(C) and 32:311(B).
Officer Spillers activated his patrol lights and initiated a traffic stop of Mr. Walker's vehicle. After running the vehicle's license plate on his patrol-unit computer, Officer Spillers was able to determine that the vehicle was owned by Mr. Walker and that his license had been suspended. Officer Spillers confirmed that the driver of the vehicle was in fact Mr. Walker. Officer Spillers requested that Mr. Walker provide a copy of his driver's license, registration and proof of insurance. Mr. Walker could not produce a driver's license.
Officer Spillers concluded that Mr. Walker was in violation of Louisiana Revised Statute 32:415 for operating a motor vehicle with a suspended license. Due to his suspicions that Mr. Walker may have been involved in criminal activity (Mr. Walker admitted that he removed pipe from the Tractor Supply dumpster), Officer Spillers elected to investigate further. In doing so, Officer Spillers placed Mr. Walker in the rear of a back-up patrol unit that had arrived during the stop.
Upon further investigation, Officer Spillers learned that Mr. Walker had an outstanding warrant issued in Jackson Parish. Officer Spillers informed Mr. Walker that he was being detained based on the outstanding warrant; he then transported Mr. Walker to the West Monroe Correctional Center where he was booked on charges of "No License Plate Light" and "Driving under Suspension".
SUMMARY JUDGMENT STANDARD
Summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, when viewed in the light most favorable to the non-moving party, indicate that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." A fact is "material" if its existence or nonexistence "might affect the outcome of the suit under governing law." A dispute about a material fact is "genuine" if the evidence is such that a reasonable jury could return a verdict for the non-moving party. As to issues which the non-moving party has the burden of proof at trial, the moving party may satisfy this burden by demonstrating the absence of evidence supporting the non-moving party's claim." Once the movant makes this showing, the burden shifts to the non-moving party to set forth specific facts showing that there is a genuine issue for trial. The burden requires more than mere allegations or denials of the adverse party's pleadings. The non-moving party must demonstrate by way of affidavit or other admissible evidence that there are genuine issues of material fact or law. There is no genuine issue of material fact if, viewing the evidence in the light most favorable to the non-moving party, no reasonable trier of fact could find for the non-moving party. If the evidence is merely colorable, or is not significantly probative, summary judgment may be granted."
LAW AND ANALYSIS
Mr. Walker has filed the instant suit for damages pursuant to 42 U.S.C. § 1983 alleging a violation of his constitutional rights.
Title 42 U.S.C. § 1983 provides in relevant part:
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or caused to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to ...