United States District Court, E.D. Kentucky, Ashland
MEMORANDUM OPINION AND ORDER
R. Wilhoit, Jr. Judge
matter is before the Court upon Defendants Tim Wilson,
hidividually and in his Official Capacity as Chief of Police
of Russell Police Department, and Shane Elkins, Individually
and in his Official Capacity as an Officer with the Russell
Police Department's Motion to Dismiss [Docket No. 9]. The
matter has been fully briefed by the parties [Docket No. 9-1,
10-1 and 11]. For the reason stated herein, the Court will
sustain the motion, in part, and overrule it, in part.
cases arises from Plaintiffs April 24, 2016 arrest and brief
incarceration for terrortistic threatnening [Docket No. 23,
Amended Complaint, ¶ 28]. These charges resulted from a
sequence of events wherein it was believed that Plaintiff had
made threats of violence against Charles ("Chuck")
Jachimczuk and Spencer Jachimczuk on April 23, 2016.
Id. at ¶¶ 19, 20.
Amended Complaint, Plaintiff alleges that Officer Shane
Elkins learned of the threats from Tracy Frye and Doug
Osborne, who provided that information to Officer Elkins
"falsely and with malicious intent." Id.
at ¶ 22. A warrant for the Plaintiffs arrest was issued
by Judge Brian McCloud on April 24, 2016, and the Plaintiff
was arrested that same day. Id. at Exhibit A. The
Plaintiffs criminal case was tried before a jury on March 17,
2017, and the jury returned a not guilty verdict.
Id. at ¶ 40.
Plaintiff filed this civil action against a number of
defendants, including the individuals who allegedly made
false accusations against him, Officer Elkins, who Plaintiff
alleges was responsible for his arrest, as well as the
Russell Police Department Chief of Police, Tim Wilson.
Plaintiff alleges these Defendants "institut[ed]
criminal charges based upon false factual accusations"
and "institut[ed] criminal charges when they knew they
lacked probable cause" for those charges. Id.
at ¶ 27, 28. Specifically, the Plaintiff contends the
Defendants should be held liable for "seek[ing] the
issuance of a warrant" against him without conducting an
adequate investigation. Id. at ¶ 27. The
Plaintiff also claims Officer Elkins "falsely and with
malicious intent testified in front of the Greenup Circuit
Court Grand Jury with respect to the alleged terrortistic
threats." Id. at ¶ 31.
Amended Complaint, Plaintiff alleges four causes of action:
unlawful detention (Count I), abuse of process (Count 11),
malicious prosecution (Count HI) and malicious prosecution
pursuant to 42 U.S.C. § 1983 (Counts III and IV). He
seeks damages, including punitive damages, as well as
attorney's fees. Id. at ¶ 73.
Tim Wilson and Shane Elkins seek dismissal of all claims
alleged against them, pursuant to Fed.R.Civ.Proc. 12(b)(6)
for failure to state a claim upon which rehef can be granted.
scrutinizing a complaint under Rule 12(b)(6), the Court is
required to "accept all well-pleaded factual allegations
of the complaint as true and construe the complaint in the
light most favorable to the plaintiff" Dubay v.
Wells, 506 F.3d 422, 426 (6th Cir.2007).
complaint need not contain "detailed factual
allegations". However, it must allege more than "a
formulaic recitation of the elements of a cause of
action." Bell Atl. Corp. v. Twombly, 550 U.S.
544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). A complaint
will withstand a motion to dismiss if it "contain[s]
sufficient factual matter, accepted as true, to state a claim
to relief that is plausible on its face." Ashcroft
v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1949, 173
L.Ed.2d 868 (2009).
complaint has "facial plausibility" if the
plaintiff pleads factual content that allows the court to
draw the reasonable inference that the defendant is liable
for the misconduct alleged." Hensley Mfg. v.
ProPride, Inc., 579 F.3d 603, 609 (6th Cir.2009)
(quoting Iqbal, 129 S.Ct. at 1949).
Plaintifrs Amended Complaint fails to state a claim upon
which relief may be granted as to Tim Wilson, in either ...