The city of Roanoke Rapids, along with two of its officers who are defendants in a federal lawsuit filed on behalf of the owner of Pomp Boys Motors, filed a motion for summary judgment this week seeking to have the case dismissed .

The attorney for former Roanoke Rapids police officer Jamie Lee Hardy also filed a similar motion.

The lawsuit, filed on behalf of Vivian Pompliano, alleges that Hardy, along with Antonio Seward and Jayme Shelburne, exercised “extreme misconduct” which contributed to the demise of the business .

The lawsuit, which was filed in July 2024, also claims 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 .

The defendants in the case argue otherwise, stating there are no genuine issues of material fact and that they are entitled to judgment as a matter of law based on the following:

Probable cause: They assert that probable cause existed for Pompliano's arrests.

Constitutional rights: They deny that the arrest was in retaliation for her exercising First Amendment rights or that they conspired to deprive her of any constitutional rights .

Business interference: They claim they did not tortiously interfere with her contracts, single her out for prosecution, or deprive her of the ability to earn a living .

Liability: The city of Roanoke Rapids maintains it is not liable for any negligent acts by its employees and that Pompliano is not entitled to indemnification .

The statement of material facts details the investigations by the RRPD that led to several criminal charges against Pompliano:

Pomp Boys operations: Formed in 2019, the business specialized in classic vehicle restoration.

Customer complaints — May to July 2022: 

Vicki Evans: Alleged high storage fees for a car that was not actually in storage .

Dennis Harvey: A disabled customer who alleged his payment was refused and storage fees were added .

Rose Beachem: Alleged she was intimidated into paying for work that was never performed .

Jonell Little: Reported that a water pump she was billed for was never replaced .

Beatrice Lovett: Alleged Pompliano forged her signature on an invoice for unperformed work .

Charles Eason: Alleged he was invoiced for unauthorized repairs .

Criminal charges: Pompliano was indicted on five counts of exploiting a disabled or older adult, one count of obtaining property by false pretenses, and one count of identity theft.

Dismissal: While Pomp Boys ceased operations in 2022, a special prosecutor appointed in 2023 eventually dismissed all criminal charges, though multiple civil lawsuits remain pending .

In the federal lawsuit, complaints have been dismissed against Beachem, L&R Motor Company, Evans, and Harvey, leaving only the city, Hardy, Shelburne, and Seward as defendants.

The attorney for Hardy, who is being represented separately, also filed a motion for summary judgment at the same time this week. 

The statement of material facts notes that Hardy was the primary officer who conducted the investigations into the Evans, Harvey, and Beachem matters.

An order has not yet been filed in response to the motions.