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.

Todd v. Duvall

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

June 3, 2019

JACKE R. TODD, III, PLAINTIFF,
v.
TIM DUVALL, Individually and in his Official Capacity as Kentucky State Police Trooper and Boyd County Sheriff, RICHARD W. SANDERS, Individually and in his Official Capacity as Kentucky State Police Commissioner, BOBBY JACK WOODS, Individually and in his Official Capacity as Sheriff with Boyd County Sheriffs Department, DEFENDANTS.

          MEMORANDUM OPINION AND ORDER

          HENRY R. WILHOIT, JR. UNITED STATES DISTRICT JUDGE

         This matter is before the Court upon the Defendants' Motions to Dismiss [Docket Nos. 7 and 13]. For the reasons stated herein, the Court will sustain the motions.

         I.

         This case arises from the September 28, 2016 arrest of Plaintiff Jackie R. Todd, III. As alleged in the Complaint, on September 22, 2016 Kentucky State Police Trooper interviewed Plaintiffs fifteen-year-old half-sister with regard to allegations that she had been raped by Plaintiff. [Complaint, Docket No. 1, f 14]. Trooper Duvall filed a criminal complaint, Boyd County No.l6-F00337, charging Plaintiff with Sexual Abuse in the First Degree, Sodomy in the First Degree, Incest and Rape in the First Degree. Id., ]¶¶14, 15 and 18.

         Trooper Duvall arrested Plaintiff two days later and he was held at the Boyd County Detention Center until October 5, 2016. Id., If 18.

         According to the Complaint, the acts forming the basis for Plaintiffs arrest did not occur in Boyd County and the case was dismissed by the Boyd County Attorney on October 5, 2016. Id.

         Subsequently, Duvall filed the same charges in a criminal complaint in Greenup County. Id., ]f 19. At an October 19, 2016 preliminary hearing in the Greenup District Court, Duvall testified "that the alleged victim was totally inconsistent with her story." (Id. at ¶ 23).

         After the hearing, a Greenup County Grand Jury which returned an indictment against Todd in Greenup County No. 16-CR-00248.

         In July 2017, Tim Duvall left his employment with the Kentucky State Police for a position as a Boyd County Deputy Sheriff.

         After a one-day jury trial on January 29, 2018, during which Duvall testified about his 2016 investigation as a KSP Trooper, the jury acquitted Todd on all counts. (Id. at ¶ 26, 34)

         On December 31, 2018, Todd filed this civil action against: (1) Tim Duvall, individually and in his official capacities as both a Kentucky State Police Trooper and a Deputy Sheriff for the Boyd County Sheriffs Department; (2) Richard Sanders, individually and in his official capacity as the Kentucky State Police Commissioner; and, (3) Bobby Jack Woods, individually and in his official capacity as Boyd County Sheriff. Todd alleges unlawful detention (Count I) and abuse of process (Count 110 and malicious prosecution (Count III) against the Defendants collectively. Finally, Todd seeks damages "for negligence, gross negligence, [and] negligent supervision . . ." based upon a theory of respondeat superior. Id., ¶ 6.

         Defendants seek dismissal of the claims alleged them in their official capacities as well the claims alleged against Sanders and Woods in their individual capacities. Defendants also argue that that the claims set forth in Counts I and II, as well the claims of negligence, are barred by the statutes of limitations.

         II.

         Federal Rule of Civil Procedure 8(a)(2) requires that a complaint must include "a short and plain statement of the claim showing that the pleader is entitled to relief." "Rule 12(b)(6) provides that a complaint may be dismissed for failure to state a claim upon which relief can be granted." Block v. Ribar, 156 F.3d 673, 677 (6th Cir. 1998). "When considering a motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, the district court must accept all of the allegations in the complaint as true, and construe the complaint liberally in favor of the plaintiff." Lawrence v. Chancery Court of Tennessee, 188 F.3d 687, 691 (6th Cir. 1999). "However, the Court need not accept as true legal conclusions or unwarranted factual inferences." Blakely v. United States, 276 F.3d 853, 863 (6th Cir. 2002). A "complaint must contain either direct or inferential allegations respecting all the material elements to sustain a recovery under some viable legal theory." Andrews v. Ohio, 104 F.3d 803, 806 (6th Cir. 1997). Further, although a complaint attacked by a Rule 12(b)(6) motion to dismiss need not contain detailed factual allegations, a plaintiffs obligation to provide the grounds of his entitlement to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007).

         Therefore, the plaintiffs "[f]actual allegations must be enough to raise a right to relief above the speculative level on the assumption that all the allegations in the complaint are true (even if doubtful in fact)." Id. The concept of "plausibility" indicates that a complaint should contain sufficient facts "to state a claim to relief that is plausible on its face." Id. at 570. The plausibility element is satisfied "when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Conversely, where the court cannot "infer more than the mere possibility of ...


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.