Calvin V. Randall Et Al

Case Background

On March 23, 2021, Gerry Calvin filed a civil rights lawsuit against the City of Menifee alleging assault and violation of his Fourteenth Amendment rights. The case was filed in the United States District Court, Arkansas Eastern (Central Division). Judge Lee P. Rudofsky presided over this case. [Case number: 4:21cv224]

Cause

Gerry Calvin, the Plaintiff, was a U.S. citizen and resident of Plummer, Arkansas. John Randall served as the Chief of Police of Menifee, while Gary Green was the Mayor. Menifee functioned as a political subdivision of Arkansas, with the individual Defendants acting in their official roles. Terry Coleman, Rita Davis, Derrick Hammond, and Ronnie Williams served as Council Members during this time. Each Defendant acted as an agent of the City of Menifee in the matters described.

On November 21, 2021, at approximately 8:45 p.m., Gerry Calvin was at his home on 59 Cadron Creek Road, Plummerville. He hosted a Sweet Sixteen birthday party for his cousin when children at the party became alarmed by an unidentified vehicle near the house.

Calvin reviewed his surveillance footage and saw a black truck entering his property. The occupant of this vehicle, later identified as Chief John Randall, appeared to take pictures of the house. After noticing two flashes, Calvin stepped outside to investigate. He approached the north side of his house and spotted an individual entering a car.

Calvin inquired about the individual’s actions. Chief Randall then drove toward Calvin, nearly hitting him. Randall threatened, “Do you want a bullet in your head?” repeating this three times while displaying his gun. Without any probable cause, he also threatened to arrest Calvin.

Randall received administrative leave until January 15, 2021. Although Mayor Gary Green recommended Randall’s termination, the Council Members voted to reinstate him.

Damages

Under this civil rights action, which included allegations of assault and invasion of privacy, the Plaintiff respectfully requested that the Court issue a judgment declaring that the Defendants’ actions, policies, and practices violated his rights under the due process clause of the Fifth and Fourteenth Amendments, as well as the Eighth Amendment of the United States Constitution. Additionally, he sought joint and several nominal, compensatory, and punitive damages against the Defendants. The Plaintiff also requested reasonable attorneys’ fees under 42 U.S.C. § 1988, along with any other appropriate relief.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Gerry Calvin
    • Counsel for Plaintiff(s): Willard Proctor, Jr. | Jacobi Pierce Malone
  • Defendant(s): John Randall (Individually and in his Official Capacity as Chief of Police of the City of Menifee) | Gary Green (In his Official Capacity as Mayor of the City of Menifee) [Terminated: 08/24/2023] | Terry Coleman (Individually and in his Official Capacity) [Terminated: 03/29/2024] | Rita Davis (Individually and in her Official Capacity) [Terminated: 03/29/2024] | Derrick Hammond
    (Individually and in his Official Capacity) [Terminated: 03/29/2024] | Ronnie Williams [Terminated: 03/29/2024] | City of Menifee

    • Counsel for Defendant(s): David M. Fuqua | Sarah Cowan | Christopher Stevens | John T. Adams | Margaret Diane Depper

Claims

Federal Claims Against Chief John Randall

The actions and omissions of the Defendants, while acting under their authority, violated Gerry Calvin’s substantive due process rights under the Fourteenth Amendment. These violations provided grounds for a claim under 42 U.S.C. Sec. 1983, for which the Plaintiff sought damages.

Defendant John Randall caused harm through conduct that included:

  • Threatening to kill Gerry Calvin.
  • Instilling fear by recklessly driving his vehicle.
  • Threatening to detain Calvin without probable cause.
State Claims Against Chief John Randall

Randall’s actions also infringed upon Calvin’s rights under the Arkansas Constitution, specifically Art. 2 Sec. 2, which guarantees inherent rights. The Arkansas Civil Rights Act, codified at Ark. Code Ann. Sec. 16-123-105, holds individuals accountable for depriving others of constitutional rights under state law.

Randall knew or should have known, that his conduct would likely result in harm. He acted with reckless disregard for the consequences, demonstrating indifference to the risks involved. This was evident as he ignored Calvin’s right to be free from excessive force and to peacefully enjoy his property.

Supervisory Claims: Mayor Gary Green and Council Members

Randall’s actions constituted intentional violations of Calvin’s rights, invasion of privacy, and abuse of power. The decisions of Council Members Coleman, Davis, Hammond, and Williams effectively endorsed such misconduct, resembling official policy.

Their failure to hire, train, supervise, and retain Randall contributed to these issues. Previous incidents of Randall’s threats and unlawful force went unaddressed, indicating a lack of oversight.

The Defendants are not entitled to qualified immunity for their actions. The City of Menifee is also liable for the policies and practices of its Police Department.

Tort Claims

The Defendants acted negligently, failing to meet appropriate care standards, which led to Calvin’s harm. Randall lacked proper training and supervision, resulting in damages. Additionally, Randall’s conduct constituted an invasion of privacy and outrageous behavior.

Defense

The Defendants denied all allegations made against them. They asserted affirmative defenses and claimed no constitutional or statutory violations occurred.

The City also denied that any constitutional or statutory violations arose from its customs, policies, or practices. Additionally, the separate Defendants claimed entitlement to statutory immunity under Ark. Code Ann. Sec. 21-9-301. Furthermore, the City of Menifee asserted its right to immunity from tort and punitive damages.

Jury Verdict

On September 19, 2024, the Arkansas jury returned a defense verdict. The jury decided in favor of Defendant Randall and the City of Menifee on the assault claims.

Based on the recent jury verdict and prior Orders in this case, the Court ruled as follows:

  1. Judgment was entered in favor of the Defendants on the assault claims, Fourth Amendment claims, and negligence claims. This included failures to train and supervise, as well as outrage and invasion of privacy claims.
  2. The Fourteenth Amendment and Arkansas Civil Rights Act claims against Defendant John Randall were dismissed with prejudice due to qualified immunity.
  3. All remaining claims were dismissed without prejudice.

Judge Lee P. Rudofsky passed this judgment on September 25, 2024.

Court Documents:

Available upon request