Sullins v. Garden City Police Department et al

Filing 5

ORDERED that the United States Marshal is directed to serve process upon the individual police officer defendants. Signed by Magistrate Judge G. R. Smith on 8/13/2015. (loh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
m

BILLY RAY SULLINS,

CJ)

91

Plaintiff,

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Case No. CV415-10&

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10

-

L. CPL. TROY EDENFIELD, et al.,

-

Defendants.

ORDER
Proceeding pro Se, non-inmate plaintiff Billy Ray Sullins' moved for
leave to file in forma pauperis ("IFP") his presumed (he does not say) 42
U.S.C. § 1983 lawsuit against the Garden City, Georgia Police
Department and four of its officers. Does 1 (Complaint) & 2 (IFP
motion). Finding him indigent, the Court granted his IFP motion but
directed him to file an amended complaint. Doe. 3. He has done so, and
he now elaborates on his Fourth Amendment claim: that named police

The Court's last Order referenced "attached" Chatham County, Georgia court
records reflecting criminal prosecutions against him. They were erroneously omitted.
They are attached to this Order, and they show that over the 2013-2014 period he
has pled guilty to "Forgery/Fraud," "Robbery" and "Switching License Tags to
Misrepresent." The event he complains of here happened, he alleges, on November,
11, 2013. Doc. 4-2 at 3.

officers entered his home "with no search warrant or exigent
circumstances," used excessive force to subdue him, and took him into
custody. Doc. 4-2 at 3-4. He seeks "pain and suffering" compensation,
plus damages for "loss of property due to negligence," plus "reprimand
for all officers involved, possably [sic] punished by law if court sees fit."

Id. at 6.
Under the liberal pleading standards accorded to pro se plaintiffs,

see Erickson v. Pardus, 551 U.S. 89, 94 (2007), Sullins has pled the basic
core of a § 1983 claim for violations of the Fourth-Amendment. 2 See

Wilkerson v. Georgia, 2015 WL 4279334 at * 1 (11th Cir. July 16, 2015)
("In short, Wilkerson's complaint facially alleged that two state
employees used excessive force against her, either to detain her or while
she was already detained. Such a claim is cognizable under 42 U.S.C. §
1983."); Mitchell v. Stewart, 2015 WL 1568244 at * (11th Cir. Apr. 9,
2015) (fact issues remained in § 1983 action by arrestees action against
county police officers, alleging under § 1983 that the officers violated

He also has dropped as a defendant the Garden City Police Department (the Court
previously explained that it cannot be sued), and the Clerk has amended the docket
caption accordingly.
2

2

a

their Fourth Amendment rights by, inter alia, entering and searching

their residence without warrant).'
The Court therefore greenlights this case against the five police
officers for whom Sullins has now supplied full names, addresses, and
badge numbers. Doc. 4-2 at 2-3. As plaintiff has been authorized to
proceed IFP, the United States Marshal is DIRECTED to serve process
upon the individual police officer defendants. See Fed. R. Civ. P. 4(c)(3).
SO ORDERED, this

13 day of August, 2015.

UNITED S1rAfES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

' See also Morris v. Town of Lexington, Ala., 748 F.3d 1316, 1323-24 (11th Cir.
2014) (police officers failed to establish that they were entitled to qualified immunity
in homeowner's § 1983 action against them for unreasonably entering his home to
effect Terry stop, in violation of the Fourth Amendment, where officers failed to
establish that they had reasonable suspicion of criminal activity based on the vague
assertions of a highly intoxicated woman who had been abandoned on homeowner's
property and stated that she was in danger, but who did not make accusations
against homeowner, and who merely asserted that someone had been beating
homeowner's horses).

http://www.chathamcourts.org/Case-Details/caseno/CR140056

Case Details

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State
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SULLINS, BILLY RAY

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[Defendantlnformation

Case Information
Court

Superior

Name: SULUNS, BILLY RAY

Case Number.

CR140056

DIN:

Case Type:

FORGERY/FRAUD

Gander MALE

Judge:

HONORABLE JAMES BASS

Race:

P1311179

WHITE

1 Height 71

Assistant District Attorney SARAH MOORHEAD
Date Flied:

1/8/2014

Weight: 245

Status:

CLOSED GUILTY PLEA(N)

Eyes:

BROWN

Disposition Date:

11/18/2014

Hair

BROWN

Disposition:

GUILTY PLEA(N)

[Atiorney Information
WILLIAM S LEWIS
222W OGLETHORPE AVE
SAVANNAH, GA
31401
Bondsman Information
IWA

..................

Case Events
Date

Time

4/28/2015 ll:4201 AM

11:42AM 1TRANSCRIPT RECEIVED

Code

12/1/2014

10:30AM JURY TRIAL

BASS

11/18/2014

10:30AM DRUG COURT PLEA

BASS

Judge
EVENT - CL

10/20/2014

10:00AM JURY TRIAL

BASS

EVENT

9/8/2014

10:30AM JURY TRIAL

BASS

EVENT

7114/2014

10:30AM JJURYTRIAL

BASS

EVENT

6/9/2014

10:30AM IJURYTRIAL

BASS

EVENT

1/PLEA HEARING
1/CALENDAR CALL

3/18/2014

BASS
BASS

IReturn to Top)

Charge
16-9-1(d)

Description
IThird Degree Forgery

Counts

JI

Chae Date
Plea Negotiated 11/18/2014

11/15/2013

Sentencing_Detaus:jDejcrlptIo__
DAT

5 Years-PROBATION

$400

$400.00-ATTORNEY FEE

$50

$50.00-FINE

$0.00

CRIME LAB FEE

$0.00

80 Hours-COMMUNITY SERVICE

$0.00
NO CONTACT OF ANY KIND WITH
SACHINKUMAR PATEL

I of 2

-WAIVED FOURTH ADMENDMENT RIGHTS

$0.00

-OTHER

8/7/2015 8:33 AM

Ca,se Details

http://www.chathamcourts.org/Case-Details/caseno/CR140056

BANNED FROM PRITAM ENTERPRISES
DURING DURATION OF SENTENCE

$000

-OTHER

[ Return to Topi

04-10-14 PLEA OFFER &
ARRAIGNMENT, JUDGE BASS
PRESIDING

11:42AM TRANSCRIPT RECEiVED

4/28/2015
11:42:01 AM
12/3012014

ACCOUNTABILITY COURT SANCTION
ORDER

12/3012014

ACCOUNTABILITY COURT SANCTION
ORDER

12/1/2014

CANCELLED
EVENT - CL

11/18/2014

SENTENCE ORDER/PETITION NEG
PLENVOL TRN/ACCUSATION

11/18/2014

CASE DISPOSED

JAMES CASE DISPOSED GN
BASS

RELEASE ORDER

11/18/2014

JAMES
BASS

GUILTY PLEA
NEGOTIATE D

10:30AM JURY TRIAL

10:30AM DRUG COURT PLEA

11/18/2014

JAMES
BASS
HR 120114/

LIST OF WITNESSES

11/12/2014

RESCHEDULE
EVENT

10/7/2014

JAMES
BASS

RESCHEDULE
EVENT

100AM JURY TRIAL

10/20/2014

JAMES
BASS

LIST OF WITNESSES
10:30AM JURY TRIAL

9/8/2014
-

7/21/2014

W. LEWIS!

NOTICE OF SUBSTITUTION OF
1COUNSEL

7/14/2014

10:30AM JURY TRIAL

RESCHEDULE
EVENT

JAMES
BASS

6/9/2014

10:30AM JURY TRIAL

RESCHEDULE
EVENT

JAMES
BASS

5/21/2014

MOTION - FOR CONTINUANCE

5121/2014
5/19/2014

DEFENOANS

ORDER FOR CONTINUANCE
DEFENDANTS RECIPROCAL DISCOVERY
DISCLOSURE

4/25/2014

F

4/10/2014

DEFENDANTS MOTION
GRANTED/

0930AM ARRAIGNMENT/PLEA HEARING

3/18/2014

IGRANTED

11:00AM ARRAIGNMENT/CALENDAR CALL

AND STATES DISCOVERY/

STATES DEMAND FOR DISCOVERY
__________

JAMES
BASS
JAMES
BASS

2126/2014

BOND ORDER

BOND DENIED/

2/20/2014

PETITION FOR BOND/NISI

HEARING 2-26-14 @ 8:45AM
ATTY AKPOLO/

CONSOLIDATED MOTIONS PACKAGE

2/12/2014
2/12/2014

1

1 ENTRY OF APPEARANCE

1/9/2014
3:31:57 PM

I

SCN

ATTY NATHAN AKPOLO/
INITIAL CASE SCREENING /
SCANNING

ACCUSATION FILED - ENTERED

1/8/2014
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8/7/2015 8:33 AM

http://www.chathamcourts.org/Case-Details/caseno/CR140370

Case Details

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Home Juvenile Court
August 07, 2015

CASE

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Case Details
• Case Events

State
VS.
SULUNS, BILLY RAY

•
• Parties
• Proceedings

Defendant Information

Case Information

Name: SULUNS, BILLY RAY

Court

Superior

Case Number

CR140370

Case Type:

ROBBERY

Judge:

HONORABLE JAMES BASS

DIN:

P1311179

i Gender MALE
Race:

WHITE

11 Height 71

Assistant District Attorney: SARAH MOORHEAD
Date Flied:

2/26/2014

Weight 245

Status:

CLOSED - GUILTY PLEA(N)

Eyes:

BROWN

Disposition Date:

11/18/2014

Hair

BROWN

Disposition:

GUILTY PLEA(N)

Attorney Information
WILLIAM S LEWIS
222W OGLETHORPE AVE
SAVANNAH, GA
31401
Bondsman Information

I

IN/A
Case Events
11:34:43 AM

11:34AM ITRANSCRIPT RECEIVED
JAMES BASS ICANCELLED, EVENT - CL

10:30AM 1JURYTRIAL
11/18/2014

10:30AM DRUG COURT PLEA

10/20/2014

10:00AM JURY TRIAL

- JAMES BASS RESCHEDULE EVENT

JAMES BASS

10:30AM JURY TRIAL

- JAMES BASS IRESCHEDULE EVENT

10:30AM JURY TRIAL

- JAMES BASS IRESCHEDULE EVENT

10:30AM JURY TRIAL

- JAMES BASS RESCHEDULE EVENT

11:30AM ARRAIGNMENT/CALEI 1DAR CALL

- JAMES BASS

09:30AM ARRAIGNMENT/PLEA HEARING

JAMES BASS

I

...

[Return to Toni

Counts

Charge Date

Disposition

111/11/2013 403:45 AM Guilty Plea Negotiated 11/18/2014
Details:
$0.00
IHEFT BY EXTORTiON

Ii

FELONY

Details: Description
CONCURRENT TO CR14-0056/DAT

111/21/2014
Fine
$0.00

12 Months-PROBATION
Guilty Plea Negotiated 11/18/2014
Duration
10 Years-PROBATION

$1,500

I of 2

$1500.00-FINE

$50

$50.00-FINE

$400

CRIME LAB FEE

$400.00-ATTORNEY FEE

8/7/2015 8:34 AM

Case Details

http://www.chathamcourts.org/Case-Details/caseno/CR140370

LAIGHTON THOMAS

$60.00-RESTITUTION

$60
$000

100 Hours-COMMUNITY SERVICE

NO CONTACT OF ANY KIND WITH
LAIGHTON THOMAS

$0.00

-OTHER

BANNOED FROM 35 MAIN STREET 17
GARDEN CITY GA DURING DURATION OF
SENTENCE

$0.00

-OTHER

$0.00

-WAIVED FOURTH ADMENDMENT RIGHTS

[cIMr.nio19p]

TRANSCRIPT RECEIVED

04-10-14 PLEA OFFER &
ARRAIGNMENT, JUDGE BASS
PRESIDING

12/1/2014

UNINDICTED DISMISSED
WARRANT/CHARGE

BURGLARY 1ST DEGREE/

112/1/2014

JURY TRIAL

iii8/2014

RELEASE ORDER

11/18/2014

SENTENCE ORDER/PETITION NEG
PLEA/VOL TRN/ACCUSATION

11/18/2014

CASE DISPOSED

11/18/2014

DRUG COURT PLEA

11/12/2014

UST OF WITNESSES

11:34:43 AM

LLED
- CL

JAMES
BASS

PLEA
IATED

JAMES CASE DISPOSED GN
BASS
JAMES
BASS
JTR 120114/

10/20/2014
10/7/2014

OF WITNESSES
TRIAL
LISATION FILED - ENTERED
TRIAL
TRIAL
DEFENDANTS MOTION

ER FOR CONTINUANCE

5/21/2014

GRANTED!

ION - FOR CONTINUANCE

5/21/2014

DEFENDANTS/

JGNMENT/CALENDAR CALL
AND STATES DISCOVERY!

E5 DEMAND FOR DISCOVERY
JGNM[NT/PLEA HEAPING
RANT DISMISSAL

SPECIAL PRESENTMENT!

SOLIDATED MOTIONS PACKAGE

4/8/2014

CERT OF SERV/
INITIAL CASE SCREENING /
SCANNING

1:55:55 PM

BOND GRANTED 35.000.00/

BOND ORDER

[RIVLfljO1PPJ

time I

JLwpnfle Court Mguate Court

I Ewbt1e.oufl jfi=Ldujf&Wj State Cowt I S1we1iQLQmi Court Femn Court Fe.s
OCeoy.iht3OlS .

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8/7/2015 8:34 AM

Case Details

http://www.chathamcourts.org/Case-Details/caseno/R 131783

grnju4cit1 Chcui oF Gjia
Home Juvenile Court Magistrate Court
August 07,2015

[IP&1ft1IuI

Probate Court Recordet's Court State Court Superior Court Court Forms Court Fees

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Case Details
• Case Event

State
vs.

• Ciwg.es

SULUNS, BILLY RAY

•
• Proceedings
Defendant Information

Case Information
Court

State

Name:

SULUNS, BILLY RAY

Case Number:

R131783

DIN:

P1311179

Case Type:

TRAFFIC - STATE COURT

Gender: MALE

Judge:

HONORABLE H. GREGORY
FOWLER

Race:

Fines & Payments

WHITE

Height: 71

Assistant District Attorney: MITCHELL MOBLEY

Weight 245

Date Filed:

5/10/2013

Eyes:

BROWN

Status:

CLOSED - GUILTY PLEA(N)

Hair:

BROWN

Disposition Dater

8/22/2013

Disposition:

GUILTY PLEA(N)

Attorney Information
N/A

Bondsman Information
N/A
Case Events
Date

Time

L1 :3OPM

Action

Code
PLEA HEARING

IV FOWLER

ICANCELLED, EVENT - CL

ARRAIGNMENT

8/22/2013

IV FOWLER

I PLEA HEARING SCHEDULED

IReturn to TopJ

C9e Description

Counts Severity

-

40.2.7SWITCHING LICENSE TAGS TO

Ii

140-5-20 NO PERMIT

Charge Date

IMISDEMEANOR

NTtl

7/24/2012

Nolie Pros

MISDEMEANOR

7/24/2012

NoloContendre

.
Fine

IDuration

Fine

$500

$500.00-FINE

Prison

$0,00

2 Days-PRISON

Prison Suspended

$0.00

2 Days-PRS

Sentencing Details: Description

IReturn to TpJ

DIN TO BE KEPT: P1311179/DIN TO
BE REMOVED: X1305027

DEFENDANT ID NUMBER
CHANGE_______
1

1 of2

PLEA HEARING

CANCELLED EVENT - GREGORY
FOWLER
CL

SUBPOENA

16/27/2013
16/24/2013

PLEA NEG PLEA AND DISPOSITION

CASE DISPOSED

8/22/2013
8/22/2013

05

ARRAIGNMENT

PLEA HEARING

GREGORY
FOWLER

8/7/2015 8:35 AM

Cue Details

http://www.chathamcourts.org/Case-Details/caseno/R131783

INITIAL CASE
RUNG
CASE SCREENING
AM
lENT DATE

ITO STATE COURT

DATE
[Return to Top.j

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