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IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

RICHARD MARSHALL, ) 

 ) 

 Plaintiff, ) 

 ) 

v. ) CIVIL ACTION NO. 2:06-cv-701-ID-CSC 

 ) 

CHRIS WEST, in his individual capacity, ) 

LASHUN HUTSON, in his individual ) 

capacity ) 

 ) 

 Defendants. ) 

DEFENDANTS CHRIS WEST AND LASHUN HUTSON’S MOTION TO DISMISS

COME NOW Lowndes County, Alabama, Sheriff’s Deputies Chris West and Lashun 

Hutson, the Defendants in the above-referenced matter, and move this Honorable Court to 

dismiss the Plaintiff’s Complaint against them pursuant to Rule 12(b)(6) of the Federal Rules of 

Civil Procedure, as the Plaintiff’s Complaint, and its component parts, separately and severally 

fails to state a claim against them upon which relief may be granted. As reasons for so moving, 

the Defendants state as follows: 

I. Deputies Chris West and Lashun Hutson are entitled to have the Plaintiff’s § 1983 claims 

against them dismissed. 

 A. The Plaintiff’s Complaint fails to meet the Eleventh Circuit’s heightened pleading 

requirement. 

 B. Deputies West and Hutson are entitled to qualified immunity from the Plaintiff’s 

§1983 claims set forth in Count I of the Plaintiff’s Complaint. 

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1. Deputies West and Hutson are entitled to qualified immunity from the 

Plaintiff’s Fourth Amendment claims. 

a. The Plaintiff has not sufficiently alleged a violation of his Fourth 

Amendment rights. 

i. The Plaintiff has failed to sufficiently allege that Deputies 

West and Huston subjected him to an unreasonable search of his vehicle. 

(1) The search was a search incident to a lawful arrest. 

(2) The search was based on, at least, arguable probable 

cause. 

(3) The search was lawful based on the Deputies’ 

reasonable belief that the Plaintiff was “dangerous . . . and may gain 

immediate control of weapons.1

ii. The Plaintiff has failed to sufficiently allege that Deputies 

West and Hutson subjected him to excessive force. 

(1) The vehicular force was reasonable. 

(2) The “warning shot” was reasonable. 

iii. The Plaintiff has failed to sufficiently allege that Deputies 

West and Hutson falsely arrested him. 

iv. The Plaintiff has failed to sufficiently allege that Deputies 

West and Hutson maliciously prosecuted him. 

b. Deputies West and Hutson’s alleged actions did not violate clearly 

established law with regard to the Fourth Amendment. 

 

1

 Michigan v. Long, 463 U.S. 1032, 1049 (1983). 

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2. The Plaintiff has failed to allege any facts supporting a First Amendment 

claim. 

3. The Plaintiff has failed to allege any facts supporting a Fourteenth 

Amendment. 

II. Deputies Chris West and Lashun Hutson are entitled to absolute sovereign immunity on 

all the Plaintiff’s state law claims set forth in Counts II and III of the Plaintiff’s Complaint. 

III. The Plaintiff’s claims for equitable and declaratory relief are due to be dismissed. 

A. Deputies West and Hutson in their individual capacities are not proper parties 

against whom such claims may be brought. 

B. This Court lacks subject matter jurisdiction over the Plaintiff’s claims for 

equitable and declaratory relief. 

1. The Plaintiff lacks standing to bring his claims for equitable relief and 

declaratory relief. 

a. The Plaintiff lacks standing to bring claims for equitable relief and 

declaratory relief under federal law. 

b. The Plaintiff lacks standing to bring claims for equitable relief 

under state law. 

2. The Plaintiff’s claims for equitable and declaratory relief are moot. 

a. The Plaintiff’s claims for equitable and declaratory relief are moot 

under federal law. 

b. The Plaintiff’s claims for equitable relief are moot under state law. 

WHEREFORE, PREMISES CONSIDERED, Defendants Chris West and Lashun Hutson 

request that this Honorable Court enter an order dismissing all claims against them in this action. 

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Respectfully submitted this the 5th day of September, 2006. 

s/Daryl L. Masters 

DARYL L. MASTERS Bar No. MAS018 

AMANDA KAY MORGAN Bar No. ALL079 

Attorneys for Defendants 

WEBB & ELEY, P.C. 

7475 Halcyon Pointe Drive (36117) 

P.O. Box 240909 

Montgomery, Alabama 36124 

Telephone: (334) 262-1850 

Fax: (334) 262-1889 

E-mail: rrobertson@webbeley.com

CERTIFICATE OF SERVICE

 I hereby certify that on September 5, 2005, I electronically filed the foregoing with the 

Clerk of the Court using the CM/ECF system which will send notification of such filing to the 

following: Jay Lewis, Esq.

 s/Daryl L. Masters 

 OF COUNSEL 

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