United States District Court, N.D. Mississippi, Oxford Division
M. BROWN UNITED STATES DISTRICT JUDGE.
the Court is John W. Champion and Patrick Steven Jubera's
motion to dismiss pursuant to Federal Rule of Civil Procedure
12(c). Doc. #26.
2, 2016, Weissinger Newberry, III filed a complaint against
John W. Champion, Patrick Steven Jubera, and the State of
Mississippi in the Circuit Court of Desoto County,
Mississippi, alleging claims arising from his indictment,
conviction, and imprisonment in 2012. Doc. #2. The case was
removed to this Court on June 24, 2016. Doc. #1.
27, 2016, Champion and Jubera filed a joint motion to
dismiss. Doc. #4. The State filed a motion to dismiss on July
18, 2016. Doc. #9. On March 17, 2017, after both motions were
fully briefed, the Court, granting each motion in part,
dismissed the State and dismissed Newberry's claims
against Champion and Jubera without prejudice. Doc. #16. The
Court allowed Newberry fourteen days to file an amended
complaint against Champion and Jubera that complied with
Federal Rule of Civil Procedure 8(a)(2). Id. at 11.
receiving a requested extension of the fourteen-day time
period, Newberry filed an amended complaint against Champion
and Jubera on April 20, 2017. Doc. #20. Champion and Jubera
answered the amended complaint on May 17, 2017. Doc. #24. On
June 2, 2017, Champion and Jubera moved to dismiss the
amended complaint pursuant to Federal Rule of Civil Procedure
12(c). Doc. #26. Newberry did not respond.
Rule of Civil Procedure 12(c) provides that “a party
may move for judgment on the pleadings.” A motion under
Rule 12(c) is analyzed under the same standard as that for
failure to state a claim under Rule 12(b)(6). Bosarge v.
Miss. Bureau of Narcotics, 796 F.3d 435, 439 (5th Cir.
2015). In that regard, Rule 8(a)(2) requires “a short
and plain statement of the claim showing that the pleader is
entitled to relief.” A defendant may move to dismiss
the claim for “failure to state a claim upon which
relief can be granted” if the complaint falls short of
the Rule 8 directive. Fed.R.Civ.P. 12(b)(6). In considering
the interplay between Rule 8 and Rule 12, the United States
Supreme Court has explained:
To survive a motion to dismiss [for failure to state a
claim], a complaint must contain sufficient factual matter,
accepted as true, to state a claim to relief that is
plausible on its face. A claim has facial plausibility when
the plaintiff pleads factual content that allows the court to
draw the reasonable inference that the defendant is liable
for the misconduct alleged. The plausibility standard is not
akin to a probability requirement, but it asks for more than
a sheer possibility that a defendant has acted unlawfully.
Where a complaint pleads facts that are merely consistent
with a defendant's liability, it stops short of the line
between possibility and plausibility of entitlement to
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)
(internal citations and punctuation omitted). Under this
standard, a “court must accept all well-pleaded facts
as true and view those facts in the light most favorable to
the plaintiff.” Harold H. Huggins Realty, Inc. v.
FNC, Inc., 634 F.3d 787, 803 n.44 (5th Cir. 2011)
(internal quotation marks and alterations omitted).
about February 4, 2012, Newberry was indicted on charges of
assault on a law enforcement officer, possession of
marijuana, possession of cocaine, and driving under the
influence. Doc. #20 at ¶ 12. Champion and Jubera
prosecuted Newberry for such crimes despite there being no
evidence of any crime. Id. at ¶ 13. Champion
and Jubera prosecuted Newberry in “bad faith” and
“conspir[ed] together … to accomplish bad faith
convictions by having [him] convicted of all charges”
by conspiring with other law enforcement officials to create
evidence to secure his indictment. Id. at
¶¶ 14-15, 19.1.
was sentenced “to terms of 2 days on the DUI count, six
years on the possession of marijuana count, and thirty years
on the possession of cocaine” count. Id. at
¶ 16. Newberry's convictions were overturned on
direct appeal in August 2014, and he was acquitted of all
charges at his May 2015 retrial. Id. at ¶ 17.
amended complaint asserts claims for (1) injunctive relief;
(2) violations of constitutional rights and federal civil
rights; (3) intentional infliction of emotional distress; (4)
civil assault and battery; (5) malicious prosecution; (6)
false arrest and imprisonment; and (7) civil ...