Wrecker service suit dropped

A local wrecker operator has filed a motion to dismiss his federal lawsuit against Shelbyville, its police department and Bedford County.

Robert L. Bushnell, owner of Quality Collision, informed U.S. District Court Judge Harry S. Mattice Jr. on Tuesday of his intention "to voluntarily dismiss, without prejudice," his claims.

"The parties herewith stipulate that the Defendants have no objection to the dismissal without prejudice, and that an order to that effect may be entered," the document said.

Acting city manager Betty Lamb said the city was "very pleased" to hear the news.

Bushnell had alleged in the suit that for approximately the past 35 years, Shelbyville police, the city and county "engaged in an established pattern ... which has involved the purposeful routing of wrecker calls and body repair work through a single, local business known as 'Beeches Body Shop'..."

Bushnell's suit claimed that the firm was previously owned by J.C. Beech and is now operating under the name "Ray's Paint and Body," owned by Ray Brown, identified in the suit as a relative of Beech who has managed the tow service for many years.

However, Brown has stated that he could not have taken part in a 35-year conspiracy because he is only 37 years old, is not a relative of J.C. Beech, and that his business is not a successor to Beech's.

The suit also alleged that the defendants violated the Racketeer Influenced and Corrupt Organizations Act (RICO), had tortuous interference with prospective business advantage, violated the Sherman Antitrust Act, violated his constitutional rights and failed to comply with the Freedom of information Act.

Bushnell had asked for $300,000 in compensatory damages, plus an unknown amount of punitive damages, as well as a jury trial.

Filed appeal

In March, Mattice "dismissed with prejudice" the claims against Brown, and Bushnell is barred from bringing an action against him on the same claim.

However, two weeks ago, Bushnell filed an appeal requesting that his suit against Brown be reinstated.

Mattice had dismissed the RICO claim against Brown, stating that Bushnell failed to allege the necessary offenses of racketeering, such as murder, kidnapping, and gambling to support his claim.

The federal judge also dismissed Bushnell's claim of "tortuous interference," as well as the claim that Brown violated the Sherman Antitrust Act by monopolizing the wrecker and towing business.

Mattice ruled that "... conspicuously absent from (Bushnell's) pleadings are any facts to establish the crucial elements of each claim ..."

"The Court would have to make giant factual leaps about the existence of the alleged activities ... all in order to reach the conclusion that there is an issue on these claims that can only be properly adjudicated at trial," Mattice ruled, adding that Bushnell "has simply failed to meet his burden of establishing a genuine issue of material fact."

Mattice also dismissed the claim that Brown violated Bushnell's constitutional rights and the assertion that Brown failed to comply with the Freedom of information Act, with Mattice ruling that he "cannot conceive of any way in which ... Brown could be liable for a violation of this Act."

The judge wrote that Bushnell "has not alleged any facts to support a contention that ... Brown would have any control over the procedures for maintaining and releasing records of the City, County, or Police Department."