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COUCH v. CITY OF SHEFFIELD1/9/1998
The plaintiff, Travis Couch, appeals from a summary judgment for the defendants, Richard Lesley and the City of Sheffield, in this action seeking damages under state and federal law in connection with an alleged illegal arrest and an alleged malicious criminal prosecution. Couch also complains of the denial of his motion for a partial summary judgment on the issue of the defendants' liability. We affirm.
Lesley, a nine-year veteran of the Sheffield Police Department, arrested Couch at the Stagecoach lounge in the early morning hours of July 2, 1995. Couch, along with another man arrested at the same time, Billy Joe Berryman, was charged with public intoxication and taken to jail. Berryman, who admitted to being under the influence of alcohol and marijuana, eventually pleaded guilty to public intoxication. Couch was tried in the Sheffield Municipal Court and was acquitted.
Couch filed this action on March 25, 1996. He sought damages from Lesley under state law, based on allegations of intentional and malicious false arrest/imprisonment, malicious
prosecution, and an illegal "strip search." He also sought damages from the City, based on allegations of negligent or wanton failure to properly train, supervise, and discipline Lesley; on allegations of intentionally encouraging and covering up illegal police conduct; and on allegations of liability under the doctrine of respondeat superior. Couch also sought to recover damages from Lesley and the City under 42 U.S.C. § 1983 (providing a cause of action for deprivation of constitutional rights by government officials acting "under color of state law") and § 1985 (providing a cause of action based on allegations of a conspiracy to deny constitutional rights and to obstruct justice). His federal claims were based on allegations of intentional and malicious false arrest/imprisonment, defamation, malicious prosecution, and an illegal "strip search."
In support of their motion for summary judgment, the defendants submitted, among other things, the affidavits of Lesley, Al Blackburn, and Doug Aycock. Those affidavits read as follows:
"My name is Richard Lesley. I am over the age of 19 years and reside in Colbert County, Alabama. I am employed by the City of Sheffield, Alabama as a police officer and have been so employed for over nine (9) years. In addition to my nine (9) years experience as a police officer, I have been duly certified as qualified to be a police officer by the Alabama Peace Officers Standards and Training Commission in accordance with the provisions of the laws of Alabama and have attended various schools and seminars in connection with my employment.
"On the morning of July 2, 1995, (Sunday) at approximately 12:40 a.m., I was patrolling on Second Street near the Stagecoach Lounge in Sheffield in a patrol car. The Police Department had been requested by the proprietor of the Stagecoach Lounge to pay extra attention to his business inasmuch as he had experienced problems with persons who were intoxicated and had become disorderly, both inside and outside of the Stagecoach Lounge and with narcotic sales, thefts and damage to vehicles in the parking lot. I and other Sheffield police officers had made arrests at the Stagecoach Lounge for narcotics violations and intoxication by persons similarly situated to the two (2) persons I observed on this occasion. These persons were identified as Billy Joe Berryman and Travis Ray Couch. I had found drugs and paraphernalia on the pavement in the location where they were standing. In driving by the Stagecoach Lounge on the morning of July 2, 1995, I noticed these two (2) persons standing to the west of the Stagecoach Lounge building around the corne
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