McKoy v. City of Raleigh
5:24-cv-00154
E.D.N.C.Mar 11, 2025Background:
- Ronald McKoy, a pro se plaintiff, filed suit against the City of Raleigh, the Raleigh Police Department, and Officer Tanner C. Goss regarding events during a traffic stop on May 16, 2023.
- McKoy alleges he was stopped for driving with an unsecured load, then arrested for an alleged decades-old warrant, and subjected to aggressive treatment during arrest.
- McKoy claims violations of the Fourth and Fourteenth Amendments via 42 U.S.C. § 1983 and brings related North Carolina tort claims, seeking damages.
- The City, the Police Department, and Officer Goss (in both official and individual capacities) filed motions to dismiss under FRCP 12(b)(1), 12(b)(2), and 12(b)(6).
- Plaintiff's motions for a hearing and to extend time for service, as well as the defendants' motions to dismiss, were fully briefed and ripe for decision.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| § 1983 against City | City liable for civil rights violations | No municipal policy/custom alleged | Dismissed (no Monell liability shown) |
| State torts against City | City liable for torts (false arrest, etc.) | Barred by governmental immunity | Dismissed (immunity not waived/pleaded) |
| Claims against Police Dept. | Police Department is liable | Police Department not a suable entity | Dismissed (not suable under NC law) |
| Claims vs. Goss (Official) | Goss in official capacity liable | Redundant of claims against City, immunity applies | Dismissed (duplicative and immune) |
| Claims vs. Goss (Individual) | Wrongful arrest/excessive force (no warrant) | Valid warrant defeats claims; no facts for other claims | Partly dismissed (arrest/force claims remain) |
| Search & Seizure | Traffic stop and license seizure unlawful | Stop was lawful based on unsecured load | Dismissed (no plausible claim pleaded) |
| Racial Profiling | Treated differently due to race | No disparate treatment or supporting facts | Dismissed (conclusory/lacking facts) |
| Defamation | Goss made harmful false statements | Statements privileged; no malice or specificity | Dismissed (conclusory and privileged) |
| Claims vs. McDonald/Choi | Name attorneys as defendants | No claims or allegations stated against them | Dismissed |
Key Cases Cited
- Monell v. Dep't of Soc. Servs., 436 U.S. 658 (1978) (municipal liability under § 1983 requires a policy or custom)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (pleading standard for facial plausibility)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (complaint must cross from conceivable to plausible)
- Estelle v. Gamble, 429 U.S. 97 (1976) (pro se complaints construed liberally)
- Smith v. Munday, 848 F.3d 248 (4th Cir. 2017) (police departments not suable under NC law)
- Porterfield v. Lott, 156 F.3d 563 (4th Cir. 1998) (false arrest claim fails if arrest made on facially valid warrant)
- King v. Rubenstein, 825 F.3d 206 (4th Cir. 2016) (official capacity claims against individuals are suits against entity)