Heining v. AbernathyAnnotate this Case
Ronald Heining and his son, Tyler Heining, appealed the grant of summary judgment in favor of Robert J. Dean, Jr., Public Works Director of the City of Anniston, and Darryl Abernathy, a supervisor in the Public Works Department, in the Heinings' action seeking damages for false arrest, false imprisonment, malicious prosecution, and conspiracy. In June or July 2012, Ronald Heining discovered a sealed envelope that had been slipped underneath the door at his place of employment, B&T Supplies, which was owned by Ronald's son Tyler; B&T at the time sold janitorial supplies to the City of Anniston ("the City"). Ronald was the contact person for those sales. The envelope stated on the outside "Deliver Ben Little" and contained two or three pages of ethical violations allegedly committed by several employees of the Public Works Department, including Dean and Abernathy. Little was a councilman for the City. After reviewing the contents of the envelope, Ronald took the envelope and its contents to Councilman Little, who he claimed he did not know. Ronald and Councilman Little, in turn, took the information to Don Hoyt, the city manager, who conducted an extensive investigation into the alleged ethical violations. Councilman Little was arrested and was charged with violating the City's council-manager act; James Fluker, a Public Works employee, was a witness in that case. Sometime after Councilman Little's arrest, Fluker told Abernathy that Ronald Heining had tried to bribe him not to testify against Councilman Little. The bribery and witness-intimidation charges against the Heinings were ultimately nolle prossed. The Heinings, thereafter, sued Dean and Abernathy, asserting claims of false arrest, false imprisonment, malicious prosecution, and conspiracy. The Alabama Supreme Court concluded after review that although the facts concerning Fluker's reliability and credibility were disputed, those facts had no bearing on whether police acted on its own initiative in believing a crime had been committed. The summary judgment in favor of Dean and Abernathy on the claims of false arrest, false imprisonment, and malicious prosecution were affirmed.