Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Conley v. Frye

United States District Court, E.D. Kentucky, Ashland

February 7, 2018

MATTHEW CONLEY, PLAINTIFF,
v.
TRACY FRYE, et al., DEFENDANTS.

          MEMORANDUM OPINION AND ORDER

          Henry R. Wilhoit, Jr. Judge

         This 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.

         I.

         This 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.

         In his 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.

         The 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.

         In his 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.

         Defendants 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.

         II.

         In 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).

         A 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).

         A 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).

         III.

         A. Plaintifrs Amended Complaint fails to state a claim upon which relief may be granted as to Tim Wilson, in either ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.