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Godowski v. City of Pensacola

United States District Court, N.D. Florida, Pensacola Division

July 12, 2019

JOHNNY C. GODOWSKI, Plaintiff,
v.
CITY OF PENSACOLA, et al., Defendants.

          REPORT AND RECOMMENDATION

          HOPE THAI CANNON UNITED STATES MAGISTRATE JUDGE

         Plaintiff 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).

         After 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.

         I. UNDISPUTED FACTS

         1. On 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 following[1]:

. A Jager Bomb[2] 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 responses).

         2. 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.

         3. 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.

         4. Godowski admitted to Officer Craig that he knew his taillight was not working. ECF Doc. 53-1.

         5. Godowski admitted that he “drank some beer.” ECF Doc. 9-2 at 5.

         6. 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.[3] ECF Doc. 53-1.

         7. Officer Craig conducted a field sobriety test on Godowski, which ...


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