Jackson v. Brickey
2011 U.S. Dist. LEXIS 13964
W.D. Va.2011Background
- Jackson was arrested in January 2009 by Officer Brickey for obstruction of justice after assisting his son during a speeding stop; video and transcript exist but are disputed on completeness.
- Eric Jackson was speeding; Brickey stopped him, called him to remain in the vehicle, and Jackson approached the scene signaling and arguing his son's speed.
- Jackson’s wife and his two sons verbally criticized Brickey, and Christopher was later arrested after resisting entry into the Jackson home; Shirley was later arrested for obstruction of justice after slamming a door on Brickey's arm.
- Backup officers and other agencies arrived; at some point a confrontation occurred with Shirley, Eric, and Christopher resulting in additional arrests and statements by Brickey about obstruction and safety concerns.
- Criminal charges against the Jacksons proceeded in Smyth County courts; Jackson contends a prosecutor’s decisions were influenced by Chief Surber to limit deals with the family, and that prior judicial commentary reflected hostility toward the police.
- Jackson asserts ongoing harassment by Town of Chilhowie officials post-arrest in an effort to deter him from pursuing this § 1983 suit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the arrest violated the Fourth Amendment | Jackson lacks probable cause for obstruction arrest. | Brickey reasonably believed probable cause existed and could fear for safety. | Jackson plausibly alleged lack of probable cause; qualified immunity denied as to Brickey on this issue. |
| Supervisory liability of Chief Surber | Surber had knowledge and condoned or failed to prevent unconstitutional acts. | No plausible nexus between Surber's actions and constitutional deprivation; no personal involvement. | Claims against Surber dismissed for lack of supervisory liability and knowledge; qualified immunity supported. |
| Municipal liability of the Town of Saltville | Town's policies or customs caused constitutional violations through training/indifference. | Allegations are conclusory without a plausible basis tying policy to the alleged abuses. | Town dismissed for failure to plead plausible municipal policy or custom; § 1983 claims against Town dismissed. |
| Malicious prosecution and related state-law claims | Nonprosecuting officers improperly influenced prosecution; damages sought. | Prosecutorial immunity and lack of proximate causation foreclose claims against some defendants. | § 1983 malicious prosecution claim against Brickey survives; claims against Surber and Town dismissed; related state-law claims against Surber/Brickey addressed similarly. |
Key Cases Cited
- Anderson v. Creighton, 483 U.S. 635 (1987) (qualified immunity requires not violate clearly established rights)
- Harlow v. Fitzgerald, 457 U.S. 800 (1982) (objective reasonableness; immunity if conduct could be justified)
- Michigan v. DeFillippo, 443 U.S. 31 (1979) (probable cause standard for arrest exists when facts would lead a prudent person to believe offense committed)
- Pritchett v. Alford, 973 F.2d 307 (4th Cir.1992) (probable cause analysis involves suspect's conduct and offense contours)
- Rogers v. Pendleton, 249 F.3d 279 (4th Cir.2001) (probable cause to arrest must be present; affects Fourth Amendment rights)
- Leatherman v. Tarrant Cnty. Narcotics Intelligence & Coordination Unit, 507 U.S. 163 (1993) (pleading standards; not heightened for § 1983 claims)
- Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009) (plausibility standard for pleading; must plead factual content)
- Twombly, 550 U.S. 544 (2007) (pleading must state plausible claims, not mere conclusory allegations)
- Monell v. Dep't of Soc. Servs., 436 U.S. 658 (1978) (municipal liability requires official policy or custom)
- Kittoe (Wilson v. Kittoe), 229 F. Supp. 2d 520 (W.D. Va. 2002) (mere noncompliance with orders does not, alone, prove probable cause)
- O'Connor v. Tice, 281 Va. 1, 704 S.E.2d 572 (2011) (proximate causation in malicious prosecution; initiation standard)
- Hartman v. Moore, 547 U.S. 250 (2006) (causal link required for retaliatory initiation claims)
- Imbler v. Pachtman, 424 U.S. 409 (1976) (prosecutorial immunity for initiating prosecutions)
- Jordan v. Shands, 255 Va. 492 (1998) (false imprisonment requires legal justification; probable cause defense)