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BG v. Banks

United States District Court, N.D. Mississippi, Greenville Division

July 7, 2017

BG, III, a minor, by and through his next friend and special guardian Marion E. Grantham, Jr. PLAINTIFF
v.
ROB BANKS, BRAD CARVER, JERRY CARVER, LEE TAYLOR CARROLL COUNTY DEFENDANTS

          OPINION AND ORDER

          DEBRA M. BROWN UNITED STATES DISTRICT JUDGE.

         This civil rights action is before the Court on the motion for summary judgment filed by Rob Banks, Brad Carver, Jerry Carver, Lee Taylor and Carroll County. Doc. #50.

         I

         Summary Judgment Standard

         Under Rule 56 of the Federal Rules of Civil Procedure, “[s]ummary judgment is proper only when the record demonstrates that no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law.” Luv N' Care Ltd. v. Groupo Rimar, 844 F.3d 442, 447 (5th Cir. 2016). “A factual issue is genuine if the evidence is sufficient for a reasonable jury to return a verdict for the non-moving party and material if its resolution could affect the outcome of the action.” Burton v. Freescale Semiconductor, Inc., 798 F.3d 222, 226 (5th Cir. 2015) (internal quotation marks omitted). On a motion for summary judgment, a court must “consider the evidence in the light most favorable to the nonmoving party and draw all reasonable inferences in its favor.” Edwards v. Cont'l Cas. Co., 841 F.3d 360, 363 (5th Cir. 2016).

         In seeking summary judgment, “[t]he moving party bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of the record which it believes demonstrate the absence of a genuine issue of material fact.” Nola Spice Designs, L.L.C. v. Haydel Enters., Inc., 783 F.3d 527, 536 (5th Cir. 2015) (internal quotation marks and alterations omitted). If the moving party satisfies this burden, “the non-moving party must go beyond the pleadings and by her own affidavits, or by the depositions, answers to interrogatories, and admissions on file, designate specific facts showing that there is a genuine issue for trial.” Id. (internal quotation marks omitted). “Where the nonmoving party bears the burden of proof at trial, the moving party satisfies this initial burden by demonstrating an absence of evidence to support the nonmoving party's case.” Celtic Marine Corp. v. James C. Justice Cos., Inc., 760 F.3d 477, 481 (5th Cir. 2014).

         II

         Relevant Facts and Procedural History

         A. Break-In at J.Z. George High School

         On the evening of Sunday, November 17, 2013, someone broke into the field house at J.Z. George High School in Carroll County, Mississippi. Doc. #63 at ¶¶ 2-5.[1] The following day, November 18, 2013, the Carroll County Sheriff's Department received several complaints about the incidents. Id. at ¶ 2. Carroll County Deputy Sheriff Brad Carver prepared four reports that day detailing the complaints. See Doc. #63-5 at 9-15. Brad's[2] first report states:

ON MONDAY 11-18-2013, TIM EILAND CALLED AND STATED SOMEONE STOLE HIS HONDA FOREMAN 4-WHEELER, FROM J.Z. GEORGE SCHOOL, HE LEAVES IT PARKED ON THE SCHOOL PROPERTY, AT THE FIELD HOUSE, FOR SCHOOL PURPOSES AND WHO EVER STOLE IT DID DONUTS ON THE FOOTBALL FIELD. JOEY CARPENTER THE PRINCIPAL AT J.Z. GEORGE STATED AFTER LOOKING AT THE FOOTAGE FROM THE CAMERA'S, HE NOTICED A INDIVIDUAL WALKING AROUND THE CAMPUS TRYING TO BREAK INTO THE BANDHALL AND GYM. THE INDIVIDUAL DID BREAK INTO THE CONCESSION STAND AND TOOK, A FIRE EXTINGUISHER, THEN USED IT TO SPRAY TWO DIFFERENT CAMERA LENS, AFTER LOOKING AT THE TAPE, I DEPUTY CARVER COULD TELL IT WAS A YOUNG MAN BY THE NAME OF [BG III]. SUBJECT WAS PICKED UP, AND BROUGHT TO THE SHERIFF'S DEPARTMENT FOR QUESTIONING. [BG III] ADMITTED TO EVERYTHING THAT HAPPENED. INCIDENT HAPPENED BETWEEN 22:00 HRS. AND 6:08 A.M. THE 4-WHEELER WAS FOUND PARKED BEHIND 4-K CONVENIENCE STORE. DAMAGE TO THE 4-WHEELER, UNKNOWN AT THIS TIME.

Id. at 9. The second report states:

ON MONDAY 11-18-2013, CLAY HERBERT STATED SOMEONE STOLE HIS VEHICLE, WHILE PARKED OVERNIGHT AT 4-K CONVENIENCE STORE. VEHICLE WAS FOUND LATER AT J.Z. GEORGE HIGH SCHOOL FOOTBALL FIELD, OFF JEFFERSON ROAD IN NORTH CARROLLTON MS. VEHICLE WAS DAMAGED ALL OVER AND ALL FOUR TIRES WERE DAMAGED. AFTER LOOKING THROUGH HIS TRUCK, CLAY NOTICED HIS BOOK BAG WITH SEVERAL BOOKS IN IT AND HIS LAPTOP COMPUTER WAS MISSING. VEHICLE WAS TAKEN BETWEEN 5:20 A.M. AND 6:08 A.M.

Id. at 10. The third report, which appears to be a revised version of Brad's second report, states:

ON MONDAY 11-18-2013, CLAY HERBERT STATED SOMEONE STOLE HIS VEHICLE WHILE PARKED OVERNIGHT AT 4-K CONVENIENCE STORE. VEHICLE WAS FOUND LATER AT J.Z. GEORGE HIGH SCHOOL FOOTBALL FIELD, OFF JEFFERSON ROAD IN CARROLLTON MS. VEHICLE WAS DAMAGED ALL OVER AND ALL FOUR TIRES DAMAGED. VEHICLE WAS TAKEN BETWEEN 5:20 A.M. AND 6:08 A.M.

Id. at 15. Finally, Brad's fourth report states:

ON MONDAY 11-18-2013, J.Z. GEORGE CALLED AND STATED SOMEONE STOLE THERE HONDA FOREMAN 4-WHEELER, FROM OFF THE SCHOOL PROPERTY AND BROKE INTO THERE CONCESSION STAND. INCIDENT HAPPENED BETWEEN 22:00 HRS. AND 6:08 A.M. 4-WHEELER WAS FOUND PARKED BEHIND 4-K CONVENIENCE STORE. DAMAGE TO THE 4-WHEELER, UNKNOWN AT THIS TIME.

Id. at 13. Brad signed all four reports, which are all electronically dated “11-18-2013.” Id. at 9, 10, 13, 15.

         B. Second Break-In and BG III's First Arrest

         At approximately 4:00 p.m. on November 19, 2013, Deputy Sheriff Rob Banks asked Marion E. Grantham, Jr. (“Skipper”), BG III's guardian, to bring BG III to the Sheriff's Department for questioning about the November 17, 2013, break-in at J.Z. George High School. Doc. #59-1 at ¶¶ 3-4. Because Skipper and BG III were traveling at the time of the call, Skipper and Banks agreed to meet at approximately 2:00 p.m. the following day. Id. at ¶¶ 5-6.

         After school on November 20, 2013, Skipper and Barbara L. Grantham, Skipper's wife, brought BG III to the Sheriff's Department to meet with Banks. Id. at ¶¶ 6-7. At the meeting, Banks read BG III a juvenile statement of rights and “informed him that he was being charged with certain felony crimes.” Id. at ¶ 8. BG III admitted to committing the November 17, 2013, break-in. Id. at ¶¶ 3, 9. Banks then informed Skipper, Barbara, and BG III that he would prepare a report and send it to Kathy P. Jones, the Youth Court Counselor. Id. at ¶ 10. Banks released BG III to the custody of Skipper and Barbara. Id.

         After the meeting, Banks prepared a “Juvenile Arrest Report” stating that BG III was arrested on November 20, 2013, for “Burglary of building, 2 cts motor vehicle theft.” Doc. #63-5 at 11. Banks' report states, among other things:

The suspect stated he left home because he was mad about his phone being taken away. He said he went to the school, broke the shelf off the concession stand window, went in the window and took a fire extinguisher that he later used to spray on the video cameras. He also admitted to taking the four wheeler from the school and riding around on it for a few hours, including rutting up the football field. He said he later took the four wheeler and left it at 4-k where he took a ford explorer and drove it around for several hours. He said he left the vehicle parked at J.Z. George at about 7 am and walked back home.

Id. at 11.

         The evening of November 20, 2013, there was a second break-in at J.Z. George High School's field house. See Doc. #63 at ¶ 12; Doc. #1 at ¶ XI.

         C. BG III's Second Arrest

         On Thursday, November 21, 2013, Judge Edward C. Fenwick of the Youth Court of Carroll County issued an “Order for Transportation and Temporary Detention, ” stating that the Youth Court “has been informed that [BG III] ... is charged with burglary and the Court therefore finds that the sheriff of Carroll County should take custody of the child and transport him to the Leflore County Juvenile Detention Center ….” Doc. #63-5 at 25. With the order in hand, Banks and Brad arrested BG III at Carroll Academy, BG III's school, during regular school hours. Doc. #63-6 at ¶ 12; Doc. #59-1 at ¶ 12. According to Brad and Banks, “[t]he arrest was made solely based on the requirements of the Court documents, which were issued from a Youth Court Judge … for crimes BG III committed and confessed to committing ....” Doc. #63 at ¶ 11; Doc. #63-6 at ¶ 12.

         After the school notified Skipper that BG III had been arrested, Skipper called Banks and asked “what was going on.” Doc. #59-1 at ¶ 14. Banks “responded that [BG III] was a suspect in another break in of the field house ... which had occurred on Wednesday evening, November 20, 2013.” Id. at ¶ 15. Skipper then called Sheriff Jerry Carver, who responded that Deputy Sheriff Lee Taylor had reviewed video of the second break-in and “assumed” that BG III was the perpetrator. Id. at ¶¶ 16-17. Skipper informed Jerry that BG III “could ...


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