United States District Court, N.D. Florida, Pensacola Division
JOHNNY C. GODOWSKI, Plaintiff,
CITY OF PENSACOLA, et al., Defendants.
REPORT AND RECOMMENDATION
THAI CANNON UNITED STATES MAGISTRATE JUDGE
Johnny Godowski (“Godowski”) proceeding pro
se and in forma pauperis files this § 1983
civil rights action against Defendants City of Pensacola (the
“City”) and Officer Bradley Craig (“Officer
Craig”) for false arrest and malicious prosecution in
violation of the Fourth Amendment, arising out of
Godowski's arrest for driving under the influence. ECF
Doc. 9. This matter comes before the Court on the City's
Motion for Summary Judgment (ECF Doc. 54). The motion has
been referred to the undersigned Magistrate Judge for a
Report and Recommendation pursuant to 28 U.S.C. § 636
and N.D. Fla. Loc. R. 72.2(E).
carefully considering the motion, Godowski's response
(ECF Doc. 55) and the City's reply (ECF Doc. 56), the
undersigned recommends that the motion be GRANTED. The
undersigned finds there was probable cause to arrest Godowski
for driving while intoxicated, thus, preventing a claim for
violation of the Fourth Amendment. The undersigned also
recommends that Godowski's claims against Officer Craig
be dismissed pursuant to Federal Rule of Civil Procedure
4(m), for failure to effectuate service.
the evening of July 10, 2012, carrying over to the morning of
July 11, 2012, Godowski visited two (2) bars, Coyote's
and Sir Richard's, and consumed the
. A Jager Bomb at 9:00 PM
. A 12 oz draft of Yuengling Traditional
Lager at 9:18 PM, 9:36 PM, 9:54 PM, 10:12 PM, 10:30 PM, 10:48
PM, 11:06 PM, 11:24 PM, 11:42 PM, 12:00 AM, 12:18 AM
. A 6 oz draft of Yuengling Traditional
Lager at 1:00 AM and 2:00 AM
. A Jager Bomb at 2:36 AM
ECF Doc. 53-2 (Plaintiff's verified interrogatory
Godowski had not consumed any solid food in the preceding
four (4) days (since July 6, 2012) because of a tooth ache.
ECF Doc. 55 at 3; ECF Doc. 53-3 at 10-11.
Shortly after Godowski left Sir Richard's he was pulled
over by Officer Craig for a broken taillight and for
exceeding the speed limit. ECF Doc. 53-1.
Godowski admitted to Officer Craig that he knew his taillight
was not working. ECF Doc. 53-1.
Godowski admitted that he “drank some beer.” ECF
Doc. 9-2 at 5.
Officer Craig smelled an odor of alcohol coming from
Godowski's breath and observed that Godowski's eyes
were glassy and his speech thick and slurred. ECF Doc. 53-1.
Officer Craig conducted a field sobriety test on Godowski,