Opinion

Murray v. Darwent

Court
District Court, W.D. Oklahoma
Filed
Dec 15, 2023
Cited by
0 cases
Authority
More cited than 28.6%

The opinion

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF OKLAHOMA

SEAN MURRAY, )

)

Plaintiff, )

)

v. ) Case No. CIV-23-925-J

)

JEREMY DARWENT, in his individual )

capacity, and MARY WILLIAMS, in her )

individual capacity, )

)

Defendants. )

ORDER

Before the Court is Defendants’ Motion to Dismiss [Doc. No. 7]. Plaintiff has filed a

response1, and Defendants have filed a reply2.

I. Background3

On February 20, 2023, Plaintiff was driving his car in Moore, Oklahoma. Plaintiff’s car

had a malfunctioning brake light, and Defendant Jeremy Darwent, a Moore Police Officer, initiated

a traffic stop of Plaintiff’s car. Plaintiff pulled over and stopped in a parking lot. During the stop,

Defendant Darwent called dispatch and requested another unit because he suspected Plaintiff was

under the influence of drugs. Defendant Mary Williams, a Moore Police Officer, responded,

arrived on the scene, and observed what transpired during the stop of Plaintiff.

1 Plaintiff provides body and dash cam videos in support of his response to Defendants’ Motion to

Dismiss. The Court declines to convert this motion to dismiss to a motion for summary judgment

and has not reviewed the videos for purposes of ruling on this motion.

2 On December 8, 2023, Plaintiff filed a surreply [Doc. No. 12]. Plaintiff, however, did not obtain

leave of Court prior to filing his surreply. The Court, accordingly, strikes Plaintiff’s surreply.

3 The information contained in this Background section is based on the allegations set forth in

Plaintiff’s Complaint [Doc. No. 1].

During the stop, Defendant Darwent asked Plaintiff several questions regarding whether

he had ingested or used illegal drugs or had been drinking. Plaintiff denied that he had used or

ingested drugs or alcohol or that he was under the influence. Defendant Darwent asked Plaintiff

to perform a field sobriety test, which Plaintiff consented to do. After the test was concluded,

Defendant Darwent arrested Plaintiff for driving a motor vehicle while under the influence of

drugs. During the arrest, Plaintiff agreed to submit to a blood test; a blood draw was obtained

from Plaintiff and submitted to a laboratory.

Plaintiff was booked into the Cleveland County Detention Center where he spent

approximately three days before he was able to post bond. On August 25, 2023, the State of

Oklahoma dismissed the charge against Plaintiff because no drugs or alcohol were detected in his

blood sample. On October 13, 2023, Plaintiff filed this 42 U.S.C. § 1983 case for false arrest and

unlawful incarceration against Defendants. Defendants now move the Court to dismiss this case

pursuant to Federal Rule of Civil Procedure 12(b)(6).

II. Standard of Review

Regarding the standard for determining whether to dismiss a claim pursuant to Rule

12(b)(6) for failure to state a claim upon which relief may be granted, the United States Supreme

Court has held:

To survive a motion to dismiss, a complaint must contain sufficient

factual matter, accepted as true, to state a claim for 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 relief.

Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (internal quotations and citations omitted). A court

“must determine whether the complaint sufficiently alleges facts supporting all the elements

necessary to establish an entitlement to relief under the legal theory proposed.” Lane v. Simon,

495 F.3d 1182, 1186 (10th Cir. 2007) (internal quotations and citation omitted). Finally, “[a] court

reviewing the sufficiency of a complaint presumes all of plaintiff’s factual allegations are true and

construes them in the light most favorable to the plaintiff.” Hall v. Bellmon, 935 F.2d 1106, 1109

(10th Cir. 1991).

III. Analysis

Defendants assert Plaintiff has failed to state a § 1983 claim for false arrest and assert they

are entitled to qualified immunity.4 “District courts may grant a motion to dismiss based on

qualified immunity, but [a]sserting a qualified immunity defense via a Rule 12(b)(6) motion …

subjects the defendant to a more challenging standard of review than would apply on summary

judgment. Specifically, the court analyzes the defendant’s conduct as alleged in the complaint.”

Truman v. Orem City, 1 F.4th 1227, 1235 (10th Cir. 2021) (internal quotations and citations

omitted) (emphasis in original).

A § 1983 defendant’s assertion of qualified immunity is an

affirmative defense [that] creates a presumption that the defendant

is immune from suit. To overcome this presumption, the plaintiff

must show (1) the defendant’s actions violated a constitutional or

statutory right , and (2) that right was clearly established at the time

of the defendant’s complained-of conduct. A right is clearly

established when a Supreme Court or Tenth Circuit decision is on

point, or if the clearly established weight of authority from other

courts shows that the right must be as the plaintiff maintains. Thus,

the contours of the right must be sufficiently clear [so] that a

reasonable official would understand that what he is doing violates

4 Because the qualified immunity analysis includes a determination as to whether Defendants’

actions violated a constitutional right, Defendants’ alternative assertion that Plaintiff has failed to

state a § 1983 claim is necessarily included within the Court’s qualified immunity analysis and

determination.

that right. But [the] analysis is not a scavenger hunt for prior cases

with precisely the same facts, and a prior case need not be exactly

parallel to the conduct here for the officials to have been on notice

of clearly established law.

Td.

Having reviewed the Complaint, and presuming all of Plaintiff's factual allegations are true

and construing them in the light most favorable to Plaintiff, the Court concludes that Plaintiff has

set forth sufficient factual allegations to state a § 1983 claim and to overcome Defendants’ claims

of qualified immunity. Specifically, Plaintiff has alleged sufficient facts to show that Defendants

did not arguably have probable cause to arrest him. Throughout his Complaint, Plaintiff sets forth

numerous facts contradicting the statements made by Defendant Darwent in his affidavit in support

of Plaintiff's arrest. Additionally, the Court finds that at the time of Plaintiffs arrest, the

constitutional probable cause requirement for an arrest was clearly established. Accordingly, the

Court finds Plaintiffs claims should not be dismissed.

IV. Conclusion

For the reasons set forth above, the Court DENIES Defendants’ Motion to Dismiss [Doc.

No. 7].

IT IS SO ORDERED this 15" day of December, 2023.

CERAM.

UNITED STATES DISTRICT 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.

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