United States District Court, E.D. North Carolina, Western Division
JAMES C. FOX, Senior District Judge.
This matter is before the court on the Motion to Dismiss [DE-12] filed by Defendants David Seagroves, Officer Snider, and the City of Wilson Police Department. The issues have been fully briefed and are now ripe for ruling. For the reasons set forth below, Defendants' Motion to Dismiss is ALLOWED in part and DENIED in part.
STATEMENT OF THE CASE
On June 17, 2014, Plaintiff filed a motion to proceed in forma pauperis under 28 U.S.C. § 1915. In an order [DE-3] entered June 30, 2014, United States Magistrate Judge Robert B. Jones, Jr. allowed Plaintiffs motion to proceed in forma pauperis. Judge Jones directed the Clerk of Court to file Plaintiffs complaint [DE-4] and issue the summons prepared by Plaintiff. Judge Jones also directed the United States Marshal to serve the summons and a copy of the complaint on Defendants.
Defendants filed the instant Motion to Dismiss [DE-12] on July 29, 2014. Plaintiff responded by filing an "Answer" [DE-15] in opposition.
STATEMENT OF THE FACTS
The facts, as alleged by Plaintiff in her complaint, are as follows: On June 17, 2011, Plaintiff was in a car following a vehicle driven by her cousin, Charnette Carpenter. Compl. [DE-4] at 2-3. Plaintiff was pulled over by Officer Seagroves, an officer with the City of Wilson Police Department. Id. at 2. Officer Seagroves "snatched" Plaintiff by the arm and pulled her out the door of the vehicle. Id. at 2-3. Officer Seagroves threw Plaintiff against the side panel, twisted her left arm behind her back, and handcuffed her. Id. at 3. The following exchange took place between Officer Seagroves and Plaintiff:
Plaintiff: "What did I do?''
Officer Seagroves: "I'm taking your black ass to jail[.]"
Plaintiff: "Sir, for what? I didn't do anything[.]"
Officer Seagroves: "Shut your damn mouth!"
Plaintiff: "Sir, could you please tell me what I did?"
Officer Seagroves: "Shut your damn mouth?"
Charnette Carpenter and the passengers in her car, Lateisha Carpenter and Lashonda Carpenter, were witnesses to Officer Seagroves' assault on Plaintiff. Id. Charnette Carpenter and Lateisha Carpenter stepped out of the vehicle they were in and walked toward Plaintiffs vehicle. Compl. at 3. Officer Seagroves shouted at Lateisha Carpenter for her to get back in the car. Id. Officer Seagroves then pulled out a taser and threatened Lateisha Carpenter. Id. Plaintiff pleaded with Officer Seagroves not to use the taser on Lateisha Carpenter because Lateisha is really sick. Id. Seagroves turned to Plaintiff and said, "I don't give a damn how sick she is." Id. Plaintiff continued to plead with Officer Seagroves not to use the taser on Lateisha Carpenter. Id.
Officer Seagroves took Plaintiff and placed her in the front seat of his cruiser. Compl. at 4. Officer Seagroves then began to question Plaintiff about where she was going. Id. Officer Seagroves placed Plaintiff in the backseat of his cruiser and headed downtown. Id.
As Officer Seagroves was driving downtown, he drove to Pickett Street. Id. Officer Seagroves advised Plaintiff that Pickett Street is where he began following her. Id. Plaintiff told Officer Seagroves that she had not been to Pickett Street that day. Id. Officer Seagroves called her a "damn liar." Compl. at 4. Officer Seagroves turned his car around and started counting the stop signs that Plaintiff had run through. Id. ...