Opinion

Oxendine v. Hunt

Court
District Court, E.D. North Carolina
Filed
Dec 12, 2023
Cited by
0 cases
Authority
More cited than 24.6%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

SOUTHERN DIVISION

No. 7:22-CV-199-BO-KS

GREGORY OXENDINE, as Administrator )

of the Estate of Matthew Oxendine, )

Plaintiff, )

v. 5 ORDER

GARRET PAUL HUNT, et al.,

Defendants. )

This cause comes before the Court on defendants’ motion for judgment on the pleadings

pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. Plaintiff has responded, defendants

have replied, and a hearing on the motion was held before the undersigned on December 1, 2023,

at Raleigh, North Carolina. In this posture, the motion is ripe for ruling. For the reasons that follow,

the motion is denied without prejudice.

BACKGROUND

This case arises out of the death of Matthew Oxendine on January 9, 2021. Asisallegedin

the complaint, on January 9, 2021, Mr. Oxendine called 911 but then told the dispatcher that he

would be alright, that he did not need anyone, and that he would “bleed out.” Mr. Oxendine’s sister

then contacted the Robeson County Sheriff's Office and informed them that Mr. Oxendine would

be fine. Robeson County Sheriffs Deputies contacted Mr. Oxendine by telephone and Mr.

Oxendine allegedly made “contingent threats” that he would shoot deputies who went to his _

property.

The defendant deputies went to Mr. Oxendine’s property in Pembroke, North Carolina.

Upon arrival, deputies used a tactical vehicle to ram Mr. Oxendine’s car to disable it, and then

attempted to unlawfully take Mr. Oxendine into custody. “Defendants contend that Matthew

Oxendine was armed and pointed a sawed-off shotgun at one of them. To complete the arrest,

Defendants shot Matthew Oxendine multiple times, killing him at the scene.” [DE 1] Compl. { 23.

Plaintiff filed this case alleging claims under 42 U.S.C. § 1983 for unlawful arrest and

excessive force in violation of the Fourth and Fourteenth Amendments and for violation of

plaintiffs substantive due process rights. Plaintiff also alleges a claim for gross negligence against

the Robeson County Sheriffs Office, Sheriff Wilkins, and the Sheriffs surety bond. Defendants

have moved for judgment on the pleadings as to each of plaintiff's claims, excepting plaintiffs

unlawful arrest claim. At the hearing before the undersigned, plaintiff's counsel indicated that he

would be withdrawing plaintiff's substantive due process and gross negligence claims.

DISCUSSION

A motion for judgment on the pleadings under Fed. R. Civ. P. 12(c) allows for a party to

move for entry of judgment after the close of the pleadings stage, but early enough so as not to

delay trial. Fed. R. Civ. P. 12(c). Courts apply the Rule 12(b)(6) standard when reviewing a motion

under Rule 12(c). Mayfield v. Nat’l Ass’n for Stock Car Auto Racing, Inc., 674 F.3d 369, 375 (4th

Cir. 2012). “Judgment on the pleadings is not properly granted unless the moving party has clearly

established that no material issue of fact remains to be resolved and the party is entitled to judgment

as a matter of law.” United States v. Any & all Radio Station Transmission Equip., 207 F.3d 458,

462 (8th Cir. 2000).

Defendants argue that the complaint fails to allege facts which would support the excessive

force claim, specifically because the complaint alleges that defendants contend that Mr. Oxendine

was armed and pointed a shotgun at one of the deputies. Defendants further argue they are entitled

to qualified immunity because at the time of this incident it was not clearly established that a law

enforcement officer could not use deadly force where a suspect has threatened to shoot officers

and pointed a gun at approaching officers.

“fA ]ll claims that law enforcement officers have used excessive force -- deadly or not -- in

the course of an arrest, investigatory stop, or other ‘seizure’ of a free citizen should be analyzed

under the Fourth Amendment and its ‘reasonableness’ standard, rather than under a ‘substantive

due process’ approach.” Graham v. Connor, 490 U.S. 386, 395 (1989) (emphasis in original). Law

enforcement officers violate an individual’s Fourth Amendment rights when they effect a seizure

using excessive force. Schultz v. Braga, 455 F.3d 470, 476 (4th Cir. 2006). Whether an officer

used excessive force to effect a seizure is analyzed under an objective reasonableness standard,

without regard to the officer’s subjective intention or motivation. Id. at 477.

A court does consider, however, the facts and circumstances confronting the officer, and it

must focus its attention on the moment the force was employed. Henry v. Purnell, 652 F.3d 524,

531 (4th Cir. 2011) (citations omitted). Specific factors to be considered are the severity of the

crime at issue, whether the suspect poses an immediate threat, and whether the suspect is actively

resisting or attempting to flee. Graham, 490 U.S. at 396. “A police officer may use deadly force

when the officer has sound reason to believe that a suspect poses a threat of serious physical harm

to the officer or others.” Elliott v. Leavitt, 99 F.3d 640, 642 (4th Cir. 1996) (citing Tennessee v.

Garner, 471 U.S. 1 (1985)). Whether the officer’s conduct was reasonable is a question of law to

be decided after determining “the relevant set of facts and draw[ing] all inferences in favor of the

nonmoving party to the extent supportable by the record.” Scott v. Harris, 550 U.S. 372, 381 n.8

(2007).

At the hearing before the undersigned, counsel for plaintiff agreed that, should the Court

grant leave to do so, an amended complaint would assist in clarifying the pleadings. In light of the

liberal standard for granting leave to amend, see Laber v. Harvey, 438 F.3d 404, 426 (4th Cir.

2006) (citations omitted), the Court will permit plaintiff a brief period within which to file an

amended complaint. Accordingly, the Court will deny defendants’ Rule 12(c) motion without

prejudice.

CONCLUSION

For the foregoing reasons, plaintiff is permitted through and including December 28, 2023,

to file an amended complaint. Defendants’ motion for judgment on the pleadings [DE 27] is

DENIED WITHOUT PREJUDICE.

SO ORDERED, this / day of December 2023.

hee W. BOYLE 7

UNITED STATES DISTRICY JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.