The city of Roanoke Rapids today denied all allegations filed against two of its officers in a federal lawsuit initiated by the owner of a former classic car and auto repair shop.
The lawsuit, filed by Vivian Pompliano of Pomp Boys Motors, claims harassment by the police department led to the closing of the business.
The officers named in the complaint are former Captain Jamie Hardy and officers Antonio Seward and Jayme Shelburne.
The response, however, filed by Greensboro attorney William Hill of the Frazier, Hill & Fury law firm, was filed on behalf of Seward and Shelburne.
Hardy is seeking a dismissal in a response filed last month.
“Defendants Seward and Shelburne plead that all times pertinent hereto, they acted without malice and in good faith and carried out their duties in accordance with the laws and constitution of the state of North Carolina and the Federal Constitution,” the response says.
The response admits that the police department received a number of complaints from community members regarding the business practices of Pomp Boys.
It also admits criminal charges, including numerous counts of elderly exploitation and a count of obtaining property by false pretense were levied against Pompliano. Those charges were ultimately dismissed.
The response contends that the complaint against the two officers fails to state a claim upon which relief can be granted and it should be dismissed.
The response asks for a jury trial on all matters eligible for trial.
It asks that Pompliano recovers nothing and the cost of the action be taxed to the plaintiff.
On Monday the attorney for two of the other defendants in the case called Pompliano’s complaint a SLAPP lawsuit, meaning one which is intended to intimidate and silence criticism through expensive, baseless legal proceedings. SLAPP stands for strategic lawsuits against public participation.