Larry D. Butler v. Sheriff of Palm Beach County, et al. - "You don't let a pistol-packing mother catch you naked in her daughter's closet."
Saturday, July 7, 2012
As initially reported by FindLaw (link below), "When the Eleventh Circuit Court of Appeals starts a decision with the admonition, 'You don't let a pistol-packing mother catch you naked in her daughter's closet,' you keep reading." As the faithful reader quickly discerns, "mom" is employed (at least as of even date) as "a corrections officer at the Eagle Academy, which is a 'bootcamp facility for minors' run by the Palm Beach County Sheriff’s Office."
Directly excerpted from Judge Carnes' decision:
"Nineteen-year-old Uzuri Collier called Larry Butler, who was of a similar age, and invited him to her house. Butler responded to the invitation the way most young men over the age of consent would have -- he went. Once Butler was at Uzuri's house, he and she consented to watch television for a while. Then they consented to do what young couples alone in a house have been consenting to do since the memory of man (and woman) runneth not to the contrary. The record does not disclose how long these two young people had known each other in the dictionary sense, but that afternoon in Uzuri's bedroom they also knew each other in the biblical sense."
In affirming the dismissal of the 1983 claims, the 11th Circuit penned the following gems:
"The record does not tell us how the timing worked out as unfortunately as it did. It may be that the two young people simply lost track of time, which would be understandable given the circumstances. Or it may be that Uzuri’s mother, Dorethea Collier, left work early that day. However it happened, Collier came close to catching the couple coupling. So close that when they heard her, Butler had only enough time to dash into the bedroom closet wearing nothing but a look of surprise."
***
"Collier continued to hold Butler at gunpoint, threatening to kill him if he did not follow orders. After Collier’s husband 'inquired further' about the naked man’s identity and determined who he was, Butler was allowed to get dressed and leave, although Collier kept the gun pointed at him while he was dressing. One can assume that it did not take Butler long to get dressed and get out[.]"
***
"The Eleventh Circuit affirmed, concluding, 'If the allegations are true, Collier's treatment of Butler was badder than old King Kong and meaner than a junkyard dog. She might even have acted like the meanest hunk of woman anybody had ever seen. Still, the fact that the mistreatment was mean does not mean that the mistreatment was under color of law.'"
FindLaw article and complete decision after the jump...
Directly excerpted from Judge Carnes' decision:
"Nineteen-year-old Uzuri Collier called Larry Butler, who was of a similar age, and invited him to her house. Butler responded to the invitation the way most young men over the age of consent would have -- he went. Once Butler was at Uzuri's house, he and she consented to watch television for a while. Then they consented to do what young couples alone in a house have been consenting to do since the memory of man (and woman) runneth not to the contrary. The record does not disclose how long these two young people had known each other in the dictionary sense, but that afternoon in Uzuri's bedroom they also knew each other in the biblical sense."
In affirming the dismissal of the 1983 claims, the 11th Circuit penned the following gems:
"The record does not tell us how the timing worked out as unfortunately as it did. It may be that the two young people simply lost track of time, which would be understandable given the circumstances. Or it may be that Uzuri’s mother, Dorethea Collier, left work early that day. However it happened, Collier came close to catching the couple coupling. So close that when they heard her, Butler had only enough time to dash into the bedroom closet wearing nothing but a look of surprise."
***
"Collier continued to hold Butler at gunpoint, threatening to kill him if he did not follow orders. After Collier’s husband 'inquired further' about the naked man’s identity and determined who he was, Butler was allowed to get dressed and leave, although Collier kept the gun pointed at him while he was dressing. One can assume that it did not take Butler long to get dressed and get out[.]"
***
"The Eleventh Circuit affirmed, concluding, 'If the allegations are true, Collier's treatment of Butler was badder than old King Kong and meaner than a junkyard dog. She might even have acted like the meanest hunk of woman anybody had ever seen. Still, the fact that the mistreatment was mean does not mean that the mistreatment was under color of law.'"
FindLaw article and complete decision after the jump...
