Artelia M. Scott v. George E. Moore, Individually and as an Employee of Killeen Police Department
1996 U.S. App. LEXIS 18276 · 85 F.3d 230
July 17, 1996 · Docket 93-8603
Opinion
Plaintiffiapp ellant, Artelia M. Scott, appeals the summary judgment dismissal of her 42 U.S.C. § 1983 inadequate staffing claim against the City of Killeen, Texas (“the City”), and its Chief of Police, Francis L. Giaeomozzi. Because we conclude that a material fact issue remains in dispute, we VACATE and REMAND to the district court for further proceedings.
I. FACTS AND PROCEEDINGS
The plaintiff/appellant, Artelia Scott, was arrested on December 31, 1988, for public intoxication, assault, and resisting arrest. She was taken to the Killeen City Jail, processed by the female jailer on duty at that time, and placed in a holding cell to await arraignment. When the female jailer’s shift ended, she was relieved by a male jailer, defendant George Moore. At that time, Moore was the only correctional officer on duty. Over the course of his eight hour shift, Moore repeatedly entered Scott’s cell and sexually assaulted her. Scott was unable to report the incidents until she was released from custody on January 2, 1989, because Moore followed her to the phone and stood next to her during her three telephone calls to her mother.
When Chief Giaeomozzi received Scott’s complaint against Moore, he asked Scott to give a statement to the police and take a he detector test. Scott agreed to do so. After the results indicated that Scott was telling the truth, Giaeomozzi transferred the matter to the criminal investigation division, and placed Moore on administrative leave. Moore resigned four days later, and subsequently pleaded guilty to criminal charges.
Scott filed suit in state court against Moore, the City, and Chief Giaeomozzi, alleging various state and federal constitutional claims. Moore subsequently declared bankruptcy and was dismissed from the suit after the bankruptcy proceeding discharged Scott’s claim against him. The City and Giaeomozzi removed the case to federal court, where they filed their first motion for summary judgment. Scott did not file a response, and the district court granted the motion. On appeal, this court affirmed the district court’s grant of summary judgment on all grounds except inadequate staffing of the jail, as both the defendants’ motion and the district court’s ruling failed to address this aspect of Scott’s suit.
After remand, the City and Giaeomozzi filed a second motion for summary judgment on the issue of inadequate staffing. The district court granted the motion. Scott filed a timely notice of appeal of this decision.
II. DISCUSSION
A. Standard of Review
We review a grant of summary judgment de novo, applying the same standards as those that govern the district court’s determination.
B. Scott’s § 1983 Claim:
We first examine the allegations in Scott’s complaint to determine a context for examining the facts and inferences in the record.
Section 1983 provides that, “[ejvery person who, under color of any statute, ordinance, regulation, custom, or usage, of any State ... subjects or causes to be subjected, any ... person within the jurisdiction [of the United States] to the deprivation of any rights ... secured by the Constitution and laws, shall be liable to the party injured.”
Although municipalities are “persons” within the meaning of § 1983, they may only be held liable if the constitutional harm suffered was the result of an “official policy, custom, or pattern.”
Therefore, in order to hold a municipality liable, a plaintiff must show that his or her constitutional deprivation was caused by the city’s adoption of (or failure to adopt) the particular policy, and that such action went beyond mere negligent protection of the plaintiffs constitutional rights.
In sum, proper analysis of a § 1983 claim against a municipality requires three determinations. First, we must decide if the City promulgated “an official policy, practice, or custom,” which could subject it to § 1983 liability.
1. The Existence of an “Official Policy”
This court has defined an “official policy” for the purposes of § 1983 liability to be either: 1) a policy statement, ordinance, regulation, or decision that is officially adopted and promulgated by the municipality’s lawmaking officers or by an official to whom the lawmakers have delegated policy-making authority; or 2) a persistent widespread practice of city officials or employees, which, although not authorized by officially adopted and promulgated policy, is so common and well settled as to constitute a custom that fairly represents municipal policy.
The City’s Code of Ordinances vests Chief Giacomozzi, as Chief of Police, with administrative and policy-making authority. Therefore, Giaeomozzi’s acts or omissions as policy-maker for the jail may subject both him and the city to § 1983 liability.
Appellant Scott conceded at oral argument that this policy is constitutional as written. Therefore, the General Order is not an actionable “official policy” under the first definition of that term.
Since the late 1970’s the City jail has been staffed by four jailers, with one jailer working each of four shifts: a.m., p.m., day, and relief. At the time of Scott’s detention, two male and two female employees filled these positions. Thus, a female detainee would necessarily be guarded by a single male jailer at some time during a twenty-four hour period. This staffing arrangement made it difficult, if not impossible, for the City jailers to follow the mandates of the General Order.
2. Existence of a Constitutional Violation:
The next step in our § 1983 analysis is to determine if Scott’s complaint alleges a constitutional deprivation.
In this case, by detaining Scott on criminal charges, the City had already deprived Scott of her liberty when the alleged violation of her Constitutional rights stemming from Moore’s sexual assault occurred. The City therefore had a constitutional obligation under the Fourteenth Amendment to provide Scott with minimal levels of safety and security. Scott’s claim of inadequate staffing challenges the adequacy of the levels of safety and security given to pretrial detainees in the City’s jail. Therefore, Scott’s claim properly alleges a constitutional violation.
3. Did the City’s Actions Extend beyond Negligent Oversight of Scott’s Rights?
Finally, we address whether the City’s and Giacomozzi’s failure to adequately staff the jail or to adopt a written policy on adequate staffing for the jail extends beyond mere negligent oversight of Scott’s constitutional rights. Resolution of this issue requires us to examine this court’s recent en banc decision in Hare v. City of Corinth, MS.
In Hare, this court attempted to clarify the divergent case law on the different standards used to measure pre-trial detainees’ constitutional rights to medical care and protection from harm. The en banc court concluded there should be no distinction between cases involving the right to medical care and those involving the right to be protected from harm.
In contrast, in cases involving the general conditions of confinement, there is an automatic assumption that the practice in question was intentional.
In the present case, the staffing procedures in question qualify as a general condition of confinement. We therefore need not inquire into Chief Giacomozzi’s subjective intent in allowing a single male jailer to guard female prisoners in such a manner that he would by necessity have to violate the existing General Order. We need only inquire whether the practice was reasonably related to a legitimate government goal.
It is our conclusion that a reasonable factual dispute exists on this point, thereby precluding summary judgment. The defendants have offered only financial considerations as an explanation for the staffing policy at the Killeen City Jail. Although financial considerations may reasonably concern a municipality, such concerns may not trump the constitutional rights of individuals who are left at the mercy of the municipality.
In addition, the unofficial staffing policy at the Killeen City jail does not appear to serve a reasonable safety goal, and actually contradicts the official safety measures set forth in the General Order. Because the General Order reflects common concerns about the safety and privacy of female inmates, the decision to contradict the mandates of the General Order can actually be interpreted as a sign of deliberate disregard of the constitutional rights of female prisoners.
It is our opinion that a reasonable jury could find that the unofficial staffing policy at the Killeen City Jail resulted in a violation of Scott’s constitutional rights, and that the City’s actions in allowing such inadequate staffing went beyond negligent oversight of those rights. Therefore, we VACATE the district court’s grant of summary judgment on Scott’s § 1983 claim of inadequate staffing, and REMAND for further proceedings.
. Scott v. Moore, 987 F.2d 771, No. 92-8284 (5th Cir., March 3, 1993) (unpublished) (per curiam).
. Wattman v. International Paper Co., 875 F.2d 468, 474 (5th Cir.1989).
. Fed.R.Civ.P. 56(c).
. Isquith v. Middle South Utilities., Inc., 847 F.2d 186, 198-99 (5th Cir.), cert. denied, 488 U.S. 926, 109 S.Ct. 310, 102 L.Ed.2d 329 (1988).
. Celotex Corp. v. Catrett, 477 U.S. 317, 321-23, 106 S.Ct. 2548, 2552-53, 91 L.Ed.2d 265 (1986).
. Id.
. Collins v. City of Harker Heights, TX, 503 U.S. 115, 112 S.Ct. 1061, 117 L.Ed.2d 261 (1992).
. 42 U.S.C. § 1983 (emphasis added).
. Daniels v. Williams, 474 U.S. 327, 329-31, 106 S.Ct. 662, 664-65, 88 L.Ed.2d 662 (1986); Evans v. City of Marlin, 986 F.2d 104, 107 (5th Cir.1993), disagreed with on other grounds, Hare v. City of Corinth, MS, 74 F.3d 633 (5th Cir.1996).
. Monell v. New York City Dep't of Social Services, 436 U.S. 658, 690-94, 98 S.Ct. 2018, 2035-37, 2039, 56 L.Ed.2d 611 (1978).
. Oklahoma City v. Tuttle, 471 U.S. 808, 817, 105 S.Ct. 2427, 2433, 85 L.Ed.2d 791 (1985); Monell, 436 U.S. at 691, 98 S.Ct. at 2036; Doe v. Taylor Indep. School Dist., 15 F.3d 443, 452 (5th Cir.) (en banc), cert. denied, - U.S. -, 115 S.Ct. 70, 130 L.Ed.2d 25 (1994).
. Rhyne v. Henderson Cty., 973 F.2d 386, 392 (5th Cir.1992) (citing, City of Canton v. Harris, 489 U.S. 378, 387, 109 S.Ct. 1197, 1204, 103 L.Ed.2d 412 (1989)).
. Farmer v. Brennan, - U.S. -, -, 114 S.Ct. 1970, 1973, 128 L.Ed.2d 811 (1994).
. Hare v. City of Corinth, MS, 74 F.3d 633 (5th Cir.1996); Colle v. Brazos Cty., TX, 981 F.2d 237, 246 (5th Cir.1993) (concluding that “the ultimate question is whether Brazos County adopted policies creating an obvious risk that pretrial detainees’ constitutional rights would be violated"); Rhyne, 973 F.2d at 392 ("while the municipal policy maker's failure to adopt a precaution can be the basis for § 1983 liability, such omission must amount to an intentional choice, not merely an unintentionally negligent oversight.”).
. Id.
. Monell, 436 U.S. at 690-94, 98 S.Ct. at 2035-37.
. Id.
. Hare, 74 F.3d at 643, Colle, 981 F.2d at 246; Rhyne, 973 F.2d at 392.
. Webster v. City of Houston, 735 F.2d 838, 841 (5th Cir.1984).
. Id.
. The General Order contains only three references to staffing: 1) "[t]he Jailer shall be the booking officer when on duty;” 2) ”[i]n the absence of an on-duty Jailer, the assigned desk officer shall assume the overall duties and responsibilities of the jailer;” and 3) “the arresting officer shall book his or her own prisoner if the desk officer is not available”.
. Webster, 735 F.2d at 841.
. For example, if a female prisoner has to leave her cell while a single male jailer is on duty, the jailer will have to violate either the rule that the prisoner be searched both upon exiting and reentering her cell, or the rule that all searches of female prisoners be done by a female employee. In this case, Scott left her cell a least three times to use the telephone.
. See Monell, 436 U.S. at 691, 98 S.Ct. at 2036 (a "permanent and well settled” custom may provide basis for imposing liability on a municipality) (quoting Adickes v. S.H. Kress & Co., 398 U.S. 144, 168, 90 S.Ct. 1598, 1614, 26 L.Ed.2d 142 (1970)); Webster, 735 F.2d at 841, (defining "official policy" as including a "persistent widespread practice of city officials and employees, which although not authorized by officially adopted and promulgated policy, is so common and well settled as to constitute a custom that fairly represents municipal policy”).
. Collins, 503 U.S. at 120, 112 S.Ct. at 1066.
. Ingraham v. Wright, 430 U.S. 651, 671, n. 40, 97 S.Ct. 1401, 1412, n. 40, 51 L.Ed.2d 711 (1977).
. See City of Revere v. Mass. Gen. Hosp., 463 U.S. 239, 244, 103 S.Ct. 2979, 2983, 77 L.Ed.2d 605 (1983).
. Partridge v. Two Unknown Police Officers of the City of Houston, 791 F.2d 1182, 1186 (5th Cir.1986).
. Collins, 503 U.S. at 125, 112 S.Ct. at 1068.
. 74 F.3d 633 (5th Cir.1996).
. Id. at 643.
. Id.
. Id. at 643, adopting the standard set forth in Farmery. Brennan, - U.S. -, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994).
. Id.
. Id. at 645.
. Id. at 640, adopting the standard se forth in Bell v. Wolfish, 441 U.S. 520, 99 S.Ct. 1861, 60 L.Ed.2d 447 (1979).
. Id. at 643.
. Id.
. See, DeShaney v. Winnebago Cty. Dep’t of Social Services, 489 U.S. 189, 198, 109 S.Ct. 998, 1005, 103 L.Ed.2d 249 (1989) (recognizing that “when the state takes a person into its custody and holds him there against his will, the Constitution imposes upon it a corresponding duty to assume some responsibility for his safety and general well-being”).
. In fact, the deposition testimony of Chief Giacomozzi indicates that the officer in charge of the jail had the discretion to call extra officers from the Killeen City Police Department to the jail in times of need. Yet, inexplicably, this procedure has never been used.