Nobles v. Town of Killian et al

Filing 22

RULING granting 17 Motion for Summary Judgment as the claim for Intentional Infliction of Emotional Distress and DENYING in all other respects. Signed by Judge James J. Brady on 07/16/2012. (KDC) Modified on 7/17/2012 to correct text (KDC).

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

JESSIE NOBLES
CIVIL ACTION
VERSUS
NO. 11-311-JJB
TOWN OF KILLIAN, ET AL.
RULING AND ORDER
This matter is before the court on the motion (doc. 17) of defendant, Officer Shannon
Mack, for summary judgment. The motion is opposed. There is no need for oral argument.
The main contention in support of the motion for summary judgment is that there is
no genuine issue of material fact that plaintiff “aggressively lunged at Officer Mack”
providing probable cause for arresting plaintiff for assault.1 The opposition shows that this
fact is in dispute. In reply, defendant argues that the deposition evidence is less than clear
on this point. This does not render summary judgment appropriate.
As to the claim of Intentional Infliction of Emotional Distress, defendant properly
argues that plaintiff must establish truly outrageous conduct to prevail on such a claim. In
response, plaintiff merely contends that he was “publicly humiliated in front of his family,
neighbors, and friends” and that the false arrest “has left an indelible mark upon the family’s
emotional well-being.” This response falls far short under the well established case law.
Accordingly, the motion (doc. 17) for summary judgment is GRANTED as the claim

1

Counsel for defendant states in passing that Officer Mack “had a valid warrant for
arrest” for “outstanding tickets.” While the articulated grounds for arrest were assault, there
is no Fourth Amendment violation as long as there was probable cause to arrest for some
crime. Devenpeck v. Alford, 543 U.S. 146, 153-54 (2004). As defendant does not attempt
to validate the arrest based upon any crime other than assault, the court refrains from
further consideration of this point.

for Intentional Infliction of Emotional Distress and DENIED in all other respects.
Baton Rouge, Louisiana, July 16, 2012.

JAMES J. BRADY, JUDGE
MIDDLE DISTRICT OF LOUISIANA

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