United States District Court, E.D. North Carolina, Western Division
C. DEVER III, Chief United States District Judge
20, 2017, Deputy U.S. Marshal Bill Butler ("Butler"
or "defendant") moved to dismiss Katrina
Hayes's ("Hayes" or "plaintiff')
request for a no-contact order [D.E. 11] and filed a
memorandum of law in support [D.E. 12]. On August 10, 2017,
Hayes responded in opposition [D.E. 14]. As explained below,
the court grants Butler's motion to dismiss.
October 14, 2016, Hayes sued the Cumberland County Board of
Education and other defendants alleging violations of federal
law. See Hayes v. Cumberland Cty. Bd. of Educ., et
al; 5:16-CV-853-FL ("Hayes I" [D.E. 1]). On
March 13, 2017, the court dismissed Hayes's case for lack
of subject-matter jurisdiction and failure to state a claim.
See Hayes v. Cumberland Cty. Bd. of Educ., et al;
5:16-CV-853-FL, 2017 WL 979025 (E.D. N.C. Mar. 13, 2017)
(unpublished). On April 4, 2017, Hayes threatened the Clerk
of Court for the Eastern District of North Carolina. On April
4, 2017, Hayes's threat was forwarded to Butler in his
capacity as Judicial Security Inspector for the United States
Marshals Service. [D.E. 12], Butler Aff., ¶ 2.
April 5, 2017, the court entered a text order that read:
TEXT ORDER - the court is in receipt of multiple voice
messages directed to chambers staff from plaintiff requesting
ex parte communication and hearing with the court about this
case and the parties in this case. Plaintiff is ADMONISHED
that any communications with the court regarding the case or
the parties must be made through filings or statements on the
record through the clerk's office, in accordance with the
Federal Rules of Civil Procedure and the rules and
preferences of the court. Plaintiff is DIRECTED to cease
telephone calls with chambers and to direct any filings or
inquiries regarding the case or parties to the clerk's
office in accordance with applicable rules. The court DIRECTS
the clerk to serve plaintiff a copy of this order by U.S.
Mail. In addition, the court DIRECTS the United States
Marshal to serve personally a copy of this order on
plaintiff. Signed by District Judge Louise Wood Flanagan on
Hayes I. no docket entry (emphasis in original).
April 5, 2017, Butler and the chief deputy marshal attempted
to serve Hayes with a copy of the text order at her residence
in Cary, North Carolina. Hayes did not respond. Butler
contacted the leasing office for the apartment complex and
confirmed that he had the correct residence address for
Hayes. Butler left his business card in the door of
Hayes's residence. Butler Aff. ¶ 5.
evening of April 5, 2017, Hayes left a voicemail on
Butler's work phone. Hayes stated that she received
Butler's business card and left her phone number. On
April 6, 2017, Butler repeatedly attempted to call Hayes
without success. Id. ¶ 6.
April 11, 2017, Butler attempted to call Hayes throughout the
day at the phone number that she provided, but those attempts
also were unsuccessful. On April 13, 2017, Butler received a
voicemail from Hayes in which she asked Butler to call her
before 5:00 p.m. Butler called her twice on this date, and
left two voicemails, but received no response to either.
Additionally, Butler and another deputy marshal attempted to
interview Hayes at her residence, but Hayes did not respond.
While Butler attempted to interview Hayes at her residence,
Hayes left another voicemail on Butler's work number.
Hayes did so, even though Butler repeatedly told Hayes to
contact him via his cell phone. In her voicemail, Hayes
stated that she had received the text order, and asked Butler
to return her call the following morning. See Id.
April 13, 2017, Hayes sent Butler several emails. Hayes asked
Butler to review several documents and attachments before
meeting with her. On April 14, 2017, Butler unsuccessfully
attempted to call Hayes numerous times. Butler could not
leave any voicemails because Hayes's mailbox was full.
See Butler Aff. ¶¶ 11-12:
April 18, 2017, Butler continued to attempt to call Hayes,
but all attempts were unsuccessful. However, on April 18,
2017, Hayes emailed Butler. She wrote: "Fact: Your voice
is supercharged with emotion. Opinion: It is totally
inappropriate to be that emotional. Gift: I brought you a box
of Kleenex with your name on it. Help yourself! With love,
Bye. Katrina Hayes." Hayes's email included a photo
of a box of Kleenex tissues with Butler's name on it.
April 19, 2017, Butler and another deputy marshal attempted
to interview Hayes at her residence. Hayes did not answer the
door. At approximately 7:45 a.m., two officers from the Cary
Police Department arrived at the apartment complex. Both
Butler and the deputy marshal identified themselves to the
officers and asked if they had been called to 8003 Resident
Circle. The Cary police officers stated that they had. Butler
then explained to the officers the details of the case. The
Cary police officers stated that they would attempt to
contact Hayes at her door without Butler or the other deputy
marshal being visible to her. The Cary police officers
knocked, identified themselves, and Hayes opened the door.
After Hayes opened the door, Butler stepped to the door.
Hayes stated that she would not speak with Butler and that
she and Butler had discussed everything. Butler asked Hayes
why she had been avoiding him, and she responded that
everything had already been discussed. Hayes also stated that
Butler had been rude and hostile towards her in emails and
phone messages. In order to help facilitate an interview, the
Cary police officers spoke with Hayes inside of her
residence, but with the door open. They questioned Hayes
regarding her dismissed federal case as well as her
intentions towards the clerk's office. Butler also
questioned Hayes regarding her statements to the Clerk of
Court. Hayes responded that she was a God fearing woman, and
that her statement was associated with that fact. See
Id. ¶ 14.
in the record suggests Butler ever threatened Hayes, or took
any action to intimidate Hayes. Butler also did nothing to
cause Hayes any substantial emotional harm, and acted only in
the performance of his sworn duties in an effort to serve a
copy of a ...