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Beeding v. Hinds County

United States District Court, Fifth Circuit

November 18, 2013

CRAIG ALLEN BEEDING, Plaintiff,
v.
HINDS COUNTY, MISSISSIPPI, et al., Defendants.

ORDER

DANIEL P. JORDON, III, District Judge.

This false-arrest action is before the Court on the motion of Defendants Hinds County, Mississippi, and Tyler Miller for summary judgment [55]. The Court, having considered the memoranda and submissions of the parties, concludes that the motion should be granted on all claims except Plaintiff's defamation claim against Defendant Tyler Miller.

I. Facts and Procedural History

On October 23, 2008, the Hinds County Sheriff's Department detained Plaintiff Craig Allen Beeding for allegedly stealing an officer's badge. Less than a week earlier, on October 17, Beeding attended his highschool reunion along with Defendant Miller, a deputy with the Hinds County Sheriff's Department. The two rode together to one of the events in Miller's van, and Miller then let Beeding borrow the vehicle to travel to another event. Beeding eventually returned the keys to Miller, but later in the night opened the driver's side door using a passcode. Miller observed Beeding looking in the vehicle and then reaching for his pocket. The next morning, Miller could not find his badge or the clip that held it. Believing the badge had been in the van, and based on other evidence discussed in more detail below, Miller concluded that his friend stole it. He therefore swore out the affidavit that caused Beeding's arrest. Miller later found the badge, and all charges were dropped.

Beeding filed this lawsuit against Hinds County, Mississippi; Sheriff Malcolm McMillin, in his individual and official capacities; and Miller, in his individual and official capacities, bringing claims under 42 U.S.C. ยง 1983 and state-tort law. McMillin is no longer a party in his individual capacity. Order [43] Oct. 17, 2012 (dismissing federal claims); Pl.'s Resp. [42] at 4-5 (conceding individual-capacity state-law claims).[1]

Although not all of Beeding's claims are easily recognized in his Amended Complaint, he states in his summary-judgment memorandum that the following causes of action remain for decision:

Paragraph 14 - Claim against Tyler Miller for libel and defamation;
Paragraph 15 - Claim against Tyler Miller for false arrest, false imprisonment, and 1983 action;
Paragraph 16 - MTCA claim against McMillin/Hinds County for negligently holding the Plaintiff in jail for an excessive period of time without booking him.
Paragraph 17 - Claim against all Defendants for reckless disregard for the safety and well being of a person not engaged in any criminal activity,
Paragraph 18 - Intentional infliction of mental and emotional distress against all Defendants,
Paragraph 22 - State claim and Sec. 1983 claims against Tyler Miller for gross negligence and intentional and reckless disregard for the rights of the Plaintiff,
Paragraph 23 - Claim against McMillin/Hinds County for gross negligence.

Pl.'s Mem. [59] at 6. Defendants move for summary judgment on all claims. The Court has personal and ...


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