Cannon et al v. Village of Bald Head Island, North Carolina et al

Filing 155

JUDGMENT in favor of plaintiffs Donald M. Koons, Jesse M. Conner, Nicholas M. Terrell and Thomas M. Cannon against defendants Calvin R. Peck, Jr. and Caroline Mitchell. Signed by Peter A. Moore, Jr., Clerk of Court on 11/30/2020. (Lee, L.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION

THOMAS CANNON, JESSE CONNER,
DONALD KOONS, and NICHOLAS
TERRELL,
Plaintiffs,

)
)
)
)
)
v.
)
)
VILLAGE OF BALD HEAD ISLAND,
)
NORTH CAROLINA, CALVIN R.
)
PECK, JR., in his individual capacity, )
and CAROLINE MITCHELL, in her
)
individual capacity,
)
Defendants.
)

JUDGMENT

No. 7:15-CV-187-H

Decision by Court.
This case came before the Honorable Malcolm J. Howard, Senior United States District
Judge for bench trial.
IT IS ORDERED, ADJUDGED AND DECREED relief is granted as to the following
claims: 1. Plaintiffs Cannon, Conner, Koons, and Terrell’s liberty interest claims
against Defendants Peck and Mitchell in their individual capacities on plaintiffs’
section 1983 claims for violations of their Due Process Rights under the
Fourteenth Amendment. 2. Plaintiffs Cannon, Koons, and Terrell’s libel per se
claims against Defendants Peck and Mitchell. 3. Plaintiff Conner’s libel per se
claim against Defendant Mitchell. 4. Plaintiff Conner’s libel per quod claim against
Defendant Peck.

The following claims are dismissed: 1. Plaintiff Cannon, Conner, Koons, and
Terrell’s Wrongful Discharge claims against Defendant Village. 2. Plaintiff
Conner’s Breach of Contract claim against Defendant Village. 3. Plaintiff Cannon,
Koons, and Terrell’s Libel Per Se Claims against Defendant Village. 4. Plaintiff
Conner’s Libel Per Quod Claim against Defendant Village.

Case 7:15-cv-00187-H-KS Document 155 Filed 11/30/20 Page 1 of 2

Based upon Findings of Fact and Conclusions of Law as set out herein, the
summary of awards are as follows:
a. Thomas Cannon
i. Liberty Interest Damages: $80,000
ii. Libel Damages: $50,000
iii. Punitive Damages: $50,000
TOTAL: $180,000
b. Jesse Conner
i. Liberty Interest Damages: $89,000
ii. Libel Damages: $50,001
iii. Punitive Damages: $50,000
TOTAL: $189,001
c. Donald Koons
i. Liberty Interest Damages: $46,000
ii. Libel Damages: $50,000
iii. Punitive Damages: $50,000
TOTAL: $146,000
d. Nicholas Terrell
i. Liberty Interest Damages: $92,000
ii. Libel Damages: $50,000
iii. Punitive Damages: $50,000
TOTAL: $192,000
Plaintiffs are entitled to recover a total of $707,001 from Defendants Peck and
Mitchell as detailed supra. Interest shall accrue at the post-judgment rate applicable
on the date of judgment.
This Judgment Filed and Entered on November 30, 2020, with service via CM/ECF
Notice of Electronic Filing on:
Samuel B. Potter, Attorney for Plaintiff
Bradley A. Coxe, Attorney for Plaintiff
Dan M. Hartzog, Attorney for Defendant
Norwood Blanchard, III, Attorney for Defendant

DATED: November 30, 2020

PETER A. MOORE, JR., CLERK
By: /s/ Lisa W. Lee
(Deputy Clerk)

Case 7:15-cv-00187-H-KS Document 155 Filed 11/30/20 Page 2 of 2