The attorney representing the former Pomp Boys Motors filed a memorandum in opposition this week, requesting that the court deny a motion for summary judgment filed on behalf of the defendants and allow the case to proceed to a federal jury trial.
Lloyd C. Smith III, a Windsor attorney representing Vivian Pompliano, argues that the motion should be denied based on the following legal issues:
Lack of probable cause — The plaintiffs argue that Roanoke Rapids police officers lacked probable cause when they filed charges against Pompliano because they knew the disputes were civil in nature.
Misleading the court — The brief alleges that officers Jamie Hardy and Jayme Shelburne misled the magistrate and grand jury by omitting evidence and providing testimony based on secondhand notes without independent investigation.
Fabricated evidence — The brief notes that while warrants initially alleged exploitation of an older adult, indictments were returned for disabled adult status despite officers admitting they had no medical records or evidence of any victim's disability.
Malice — Plaintiffs argue the officers acted with personal spite and a desire for revenge, evidenced by their efforts to find "victims" even when customers expressed satisfaction with the shop's services.
Fruits of Labor Clause — The plaintiffs assert a claim under Article 1, Section 1 of the North Carolina Constitution, arguing that the defendants' arbitrary and unlawful actions directly interfered with their right to earn a livelihood.
Qualified immunity — The plaintiffs argue that the defendants are not entitled to qualified immunity because the law clearly establishes that officers cannot seize a person based on warrants obtained through material distortions of fact.
Case summary
The brief, filed on Tuesday, states the original lawsuit alleges that former officer Hardy, along with Shelburne and Antonio Seward, conducted a coordinated campaign of harassment and malicious prosecution intended to destroy Pomp Boys, a restoration shop opened in 2019.
The lawsuit claims that Hardy and Seward told Pompliano her business was a threat to local competitors and threatened to shut her down if she did not leave town. It further alleges police harassment, including claims that officers blocked the business entrance with police vehicles and solicited customers to file unfounded criminal and civil complaints.
Hardy charged Pompliano with several felonies, including attempted obtaining property by false pretenses and exploitation of an older or disabled adult . All criminal charges were dismissed by a special prosecutor on March 8, 2024, citing legally insufficient evidence and the civil nature of the underlying mechanic’s lien disputes. According to the lawsuit, the resulting negative publicity and legal strain forced Pomp Boys Motors to close its Roanoke Rapids location by the end of 2022.
