United States District Court, E.D. Kentucky, Northern Division Ashland
JACKE R. TODD, III, PLAINTIFF,
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
R. WILHOIT, JR. UNITED STATES DISTRICT JUDGE
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.
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.
Duvall arrested Plaintiff two days later and he was held at
the Boyd County Detention Center until October 5, 2016.
Id., If 18.
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.
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 ¶
the hearing, a Greenup County Grand Jury which returned an
indictment against Todd in Greenup County No. 16-CR-00248.
2017, Tim Duvall left his employment with the Kentucky State
Police for a position as a Boyd County Deputy Sheriff.
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 ¶
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.
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
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
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 ...