(CN) - A Georgia judge who called police to recover his daughter's dog from her ex-fiance is not liable for civil rights violations, as he reported the theft as a private citizen, the 11th Circuit ruled.
Dustin Myers had been engaged to Kelley Bowman, daughter of Jefferson County Magistrate Judge Murry Bowman.
The engagement fell through when Kelley found a new man. Then, not satisfied with breaking his heart, she hosted two yard sales where she sold some of his stuff, according to the three-judge panel.
(With more than a little literary flair, the 11th Circuit wrote in its summary: "There would be no wedding bells, no wedding cake, and no tuxedo and white dress for Dustin Myers and Kelley Bowman. The couple was engaged to be married, but before the time came to say 'I Do,' Kelley found herself a new Romeo. She broke Dustin's heart, and she tried to hurt his finances too by hosting two yard sales at which she sold some of his property. Kelley's mother called Dustin late in the evening of August 12, 2009, to tell him that his fiancée had been unfaithful and to provide the helpful advice that he should 'come get [his] stuff before everything was gone.'")
So Dustin and his dad, Rodney Myers, traveled about three hours from Rodney's house in Lenox, Ga. to Murry Bowman's house in Louisville, Ga. to get Dustin's things.
They arrived at 7 a.m. and Kelley returned his clothes, TV and computer, but claimed she had lost the ring.
As the Myers packed their truck, the former couple's dog Lexi jumped in. They took her with them. Kelley wanted to keep the dog so she had her father Murry call Dustin, and ask for the dog back.
Dustin agreed to return the dog in exchange for the engagement ring and money he said Kelley owed him.
(The story and all quotations are taken from the 11th Circuit's 26-page ruling.)
Later that day, the Bowmans found the Myers at a local bank. Murry pulled his truck alongside theirs, got out and tossed the ring through the window into Dustin's lap.
Murry did not give Dustin any money, however, so the Myers drove away with the dog and the engagement ring. As Dustin drove away Murry allegedly shouted, "I'll have your goddamn ass locked up."
Murry tailed the Myers and used a SouthernLINCS communications device, given to him by Jefferson County for his official duties, to call his deputy clerk Linda Thompson and tell her to make a police report that someone had stolen his dog, which he said was worth $700.
At the time, Georgia classified theft of property worth more than $500 as a felony, increasing the seriousness of Murry's charges.
Using the SouthernLINCS system, Thompson relayed Murry's complaint to Jefferson County Sheriff's Deputy Wiley Evans, and Louisville Police Chief James W. Miller Jr. She told them that some men had stolen Murry's dog, and left out details connecting the theft to the busted engagement.
As the Myers headed home, with Miller and Murry tailing them, Evans approached from the opposite direction, and blocked the caravan with his squad car.