The claims charged against two more defendants in a lawsuit filed by the owner of a former classic car and auto repair shop were dismissed this week, according to federal court records.
United States District Court Judge Terrence W. Boyle signed the order following the filing of a motion by Windsor attorney Lloyd C. Smith III, who sought to dismiss with prejudice the claims against defendants Rose Beacham and L&R Motor Company.
Beacham, a former customer, and L&R, the company which interceded on Beacham’s behalf, had been named as defendants in the federal civil complaint filed by Vivian Pompliano, the owner of the former Pomp Boys Motors in Roanoke Rapids.
Boyle’s order does not go into details of the dismissal against the two defendants but only states, “the court having reviewed the motion of the plaintiffs and received the consent of defendants, does hereby allow the plaintiffs' motion to dismiss with prejudice against defendants Rose Beacham and L & R Motor Company.”
The complaint against Beacham, a woman who was more than 80 in April of 2021, and L&R concerns a 1969 Ford Galaxie that Beacham had arranged to be driven to Pomp Boys for repair estimates.
Beacham spoke with Pompliano about needing an estimate before any work was done.
Pomp Boys, according to previous court documents, would not provide Beacham with an estimate and charged her $137.76 to look at the car. An invoice dated May 26, 2021, was sent to the woman.
Pomp Boys had sent emails to Beacham on July 28, 2021, “purportedly sending her an ‘estimate’ on the cost of work on the Galaxie. Neither Beacham nor L&R approved the estimate or agreed to the work described in the estimate at the cost stated in the document.”
Smith filed the motion to dismiss under Rule 41 of the Federal Rules of Civil Procedure, which governs the dismissal of civil actions in federal courts and essentially provides the legal framework for how a lawsuit can be ended before a full trial, either voluntarily by the plaintiff or involuntarily by the court or a defendant.
With the dismissal, the remaining defendants in the case are the city of Roanoke Rapids; former officer Jamie Lee Hardy; and officers Antonio Seward and Jayme Shelburne in their individual and official capacities.
In January, the complaints against defendants Vickie Evans and Dennis Harvey were voluntarily dismissed.
The lawsuit charges that the three officers within the Roanoke Rapids Police Department exercised extreme misconduct which contributed to the demise of Pompliano’s business—Pomp Boys Motors, a classic car and auto repair shop.
The lawsuit contends that through a repeated pattern of harassment, threats, and eventually false criminal charges, the intent of the officers was to protect the financial interests of local mechanics and car shop owners through retaliation for the plaintiff’s constitutionally protected speech and actions.