Plaintiff’s response to summary judgment, Magistrate Judge Keith Starrett, violates 7th and 14th amendment to the Constitution

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IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF MISSISSIPPI

SOUTHERN DIVISION

RAYMOND WALLACE SMITH

PLAINTIFF

VERSUS CIVIL ACTION NO.: 1:14cv466 KS-

RHW

HANCOCK COUNTY, MISSISSIPPI, by and through its

Board of Supervisor; HANCOCK COUNTY SHERIFF,

Ricky Adam, in his official capacity; DEPUTY SHERIFF

ISRAEL NEFF, individually, and in his official capacity as

a deputy sheriff acting under color of state law; DEPUTY

SHERIFF ALICIA COOL, individually, and in

her former official capacity as a deputy sheriff acting under

color of state law; and DEPUTY SHERIFF CARLOS CHURCH,

individually, and in his former official capacity as a deputy

sheriff acting under color of state law

DEFENDANTS

PLAINTIFF’S RESPONSE TO

ALICIA COOL LICK, CARLOS CHURCH AND

ISRAEL NEFF’S MOTION FOR SUMMARY

JUDGMENT BASED ON QUALIFIED IMMUNITY

COMES NOW Plaintiff, by and through his attorney of record, and pursuant to the

Federal Rules of Civil Procedure, and responds to Alicia Cool Lick, Carlos Church, and Israel

Neff’s Motion for Summary Judgment Based on Qualified Immunity as follows:

1. The Fourth Amendment guarantees Plaintiff the right to be secure in his person

against unreasonable searches and seizures.

2. Defendants Alicia Cool Lick (“Cool Lick” or “Cool”), Carlos Church

(“Church”), and Israel Neff (“Neff”) violated Plaintiff’s statutory and/or constitutional right

guaranteed under the Fourth Amendment.

3. Plaintiff’s rights under the Fourth Amendment were clearly established at the

time he was unlawfully arrested by Cool Lick, Church, and Neff, and detained in Hancock

Case 1:14-cv-00466-KS-RHW Document 41 Filed 01/25/16 Page 1 of 4

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County Jail. A right is clearly established only if “the right’s contours were sufficiently

definite that any reasonable official in the defendant’s shoes would have understood that he

was violating it.” Plumhoff v. Rickard, 134 S. Ct. 2012, 2023 (2014). Cool, Church and Neff

were given fair warning that their conduct in arresting Plaintiff or causing him to be arrested

without probable cause violated Plaintiff’s Fourth Amendment right be arrested only upon

probable cause.

4. Genuine issues of material fact exist regarding probable cause or the lack

thereof to arrest Plaintiff.

5. Plaintiff relies upon his statement of facts, law, arguments, and conclusions

contained and/or incorporated in Plaintiff’s Memorandum Brief in Support of Opposition to

Alicia Cool Lick, Carlos Church and Israel Neff’s Motion for Summary Judgment Based on

Qualified Immunity.

6. Plaintiff also relies on and incorporates the exhibits, including the depositions

and other documents appended to Cool, Church and Neff’s Motion for Summary Judgment

Based on Qualified Immunity [Doc. 37 and Doc. 37-1 thru 37-8].

7. Additionally, Plaintiff relies on and incorporates the Complaint [Doc. 1] and

the following exhibits, including affidavits, in support of his response to defendants’ motion

for summary judgment:

Exhibit A: Affidavit of Raymond Wallace Smith

Exhibit B: Hancock County Sheriff Office ORI # 13-0007773 (4

pages)

Exhibit C: Misdemeanor Affidavits and DUI Ticket

Exhibit D: Court Abstracts


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WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests this

Court enter an Order denying qualified immunity to Defendant Alicia Cool Lick, Carlos

Church and Israel Neff.

Respectfully submitted, this the 25th

day of January, 2016.

RAYMOND WALLACE SMITH

Plaintiff

BY: /s/Alvin Chase

ALVIN CHASE (MSB #5968)

CHASE CHASE & ASSOCIATES,

PLLC

10345 D’Iberville Blvd, Ste D

Post Office Box 7119

D’Iberville, Mississippi 39540

Telephone: 228-396-3300

Facsimile: 228-396-1494


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CERTIFICATE OF SERVICE

I, the undersigned, do hereby certify that I have this day sent via email a true and

correct copy of the foregoing Plaintiff’s Response to Alicia Cool Lick, Carlos Church and

Israel Neff’s Motion for Summary Judgment Based on Qualified Immunity to the following:

William R. Allen, Esq.

Jessica S. Malone, Esq.

Allen, Allen, Breeland & Allen, PLLC

214 Justice Street

P.O. Box 751

Brookhaven MS 39602

[email protected]

[email protected]

Dated, this the 25th

day of January, 2016.

/s/Alvin Chase

ALVIN CHASE

MSBN 5968

CHASE CHASE & ASSOCIATES, PLLC

Post Office Box 7119

D’Iberville, Mississippi 39540

Phone: 228-396-3300

Facsimile: 228-396-1494


mailto:[email protected]

Case 1:14-cv-00466-KS-RHW Document 41-1 Filed 01/25/16 Page 1 of 3













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Plaintiff’s response to summary judgment, Magistrate Judge Keith Starrett, violates 7th and 14th amendment to the Constitution