Opinion

Parks v. Bennett

Court
District Court, E.D. North Carolina
Filed
Apr 3, 2025
Cited by
0 cases
Authority
More cited than 34.7%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

WESTERN DIVISION

No. 5:24-CV-399-BO-KS

KRISTOPHER ORION PARKS. )

Plaintiff. )

V. ORDER

A. BENNETT and HARNETT

COUNTY SHERIFF’S OFFICE, )

Defendants. )

This cause comes before the Court on the memorandum and recommendation of United

States Magistrate Judge Kimberly A. Swank. [DE 9]. Plaintiff has filed objections [DE 10; DE

11], and the matter is ripe for ruling. For the reasons that follow, the recommendation of the

magistrate judge is adopted and the complaint is dismissed.

BACKGROUND

In his amended complaint, plaintiff. who proceeds pro se, alleges a claim for malicious

prosecution pursuant to 42 U.S.C. § 1983 arising from his arrest on June 8, 2019. Two charges of

assault by pointing a gun against plaintiff were voluntarily dismissed on September 20, 2024.

Magistrate Judge Swank recommends dismissal of plaintiff's complaint because plaintiff's

allegations fail to support a malicious prosecution claim, because the Harnett County Sheriff's

Office is not an entity capable of being sued, and because plaintiff's allegations fail to support a

claim under Monell v. New York City Department of Social Services, 43€ U.S. 658 (1978).

Plaintiff objects to the dismissal of his malicious prosecution clam, Plaintiff argues that

he drew his firearm in defense to a threat upon his life. and that his arrest was based on allegations

that defendant Bennett did not witness. Plaintiff further argues that the Second Amendment to the

United States Constitution cannot be overridden by North Carolina law and that he was only acting

in self-defense.

DISCUSSION

“The Federal Magistrates Act requires a district court to make a de novo determination of

those portions of the magistrate judge’s report or specified proposed findings or recommendations

to which objection is made.” Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315

(4th Cir. 2005) (cleaned up) (emphasis omitted); see also 28 U.S.C. § 636(b)(1); Fed R. Civ. P.

72(b)(3). A party’s objections must be made “with sufficient specificity so as reasonably to alert

the district court of the true ground for the objection.” United States v. Midgette, 478 F.3d 616,

622 (4th Cir. 2007). “[W]hen reviewing pro se objections to a magistrate’s recommendation,

district courts must review de novo any articulated grounds to which the litigant appears to take

issue.” Elijah v. Dunbar, 66 F.4th 454, 460-61 (4th Cir. 2023). Where no specific objections have

been filed, the court reviews for clear error only. Dunlap v. TM Trucking of the Carolinas, LLC,

288 F. Supp. 3d 654, 662 (D.S.C. 2017). On clear error review, the court has no obligation to

explain its reasoning for adopting the recommendation. Camby v. Davis, 718 F.2d 198, 200 (4th

Cir. 1983).

A claim for malicious prosecution under § 1983 is properly examined as an unreasonable

seizure claim founded on the Fourth Amendment. Humbert v. Mayor & City Council of Baltimore

City, 866 F.3d 546, 555 (4th Cir. 2017); Lambert v. Williams, 223 F.3d 257, 261 (4th Cir. 2000).

A plaintiff must show that he was seized by the defendant, that such seizure was not supported by

probable cause, and that the criminal proceedings terminated in his favor in order to succeed on a

§ 1983 malicious prosecution claim. Humbert, 866 F.3d at 555. Probable cause is a result of a

practical, common-sense consideration of all of the circumstances. //linois v. Gates, 462 U.S. 213,

230 (1983); Smith v. Munday, 848 F.3d 248, 253 (4th Cir. 2017). Probable cause “requires more

than a bare suspicion” but less than evidence sufficient to convict. United States v. Gray, 137 F.3d

765, 769 (4th Cir. 1998).

As noted above, plaintiff argues that his allegations support that he was arrested without

probable cause because he told Officer Bennett that he was acting in self-defense. Plaintiff was

arrested on two charges of assault by pointing a gun in violation of N.C. Gen. Stat. § 14-34. See

North Carolina v. Parks, No. 19-CR-52085-420 (Harnett Cnty. District Ct. Sept. 20, 2024). In his

amended complaint, plaintiff alleges that he pointed a pistol at two people and began to squeeze

the trigger in order to shoot them. “The mere existence of some evidence that could suggest self-

defense does not negate probable cause.” Yousefian v. City of Glendale, 779 F.3d 1010, 1014 (9th

Cir. 2015); see also Bonnell v. Beach, 401 F. Supp. 3d 663, 676 n.8 (E.D. Va. 2019); Brown □□□

Lott, No. 21-6928, 2022 U.S. App. LEXIS 16022, at *5 (4th Cir. June 10, 2022) (“investigating

officers were not required to resolve legal matters in dispute, understand the nuances of any

possible defense, or answer them in order to decide whether there was probable cause.”’) (quotation

and citation omitted). Plaintiff's Second Amendment argument is not relevant to whether the

complaint reveals that probable cause for arrest was present and is inapposite. Plaintiff's objections

are overruled.

Plaintiff does not object to the remaining recommendation, that the claim against the

Harnett County Sheriff's Office be dismissed, and the Court thus reviews the recommendation for

clear error. Finding none, the recommendation is adopted.

CONCLUSION

Accordingly, for the foregoing reasons, plaintiff's objections to the memorandum and

recommendation are OVERRULED. The memorandum and recommendation [DE 9] is

ADOPTED in its entirety. Plaintiff's amended complaint is hereby DISMISSED. The Clerk is

directed to close the case.

SO ORDERED, this 3 day of April 2025.

Tec W. ons i

UNITED STATES DISTRICT JUBGE

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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