McCoy v. City of Monticello
Decision Date | 16 June 2005 |
Docket Number | No. 03-3668.,03-3668. |
Citation | 411 F.3d 920 |
Parties | Ronnie McCOY; Lori McCoy, Appellants, v. CITY OF MONTICELLO; Harold West, Mayor; Monticello Police Department; Sam Norris; Ken Ouelette, Appellees. |
Court | U.S. Court of Appeals — Eighth Circuit |
Chuck S. Gibson, argued, Dermott, Arkansas, for appellant.
Erida Gee Ross, argued, North Little Rock, Arkansas (David Hoffman, on the brief), for appellee.
Before RILEY, JOHN R. GIBSON, and GRUENDER, Circuit Judges.
On December 31, 2000, Ken Ouelette (Officer Ouelette), an auxiliary police officer with the Monticello Police Department, engaged in a police pursuit of a vehicle driven by Ronnie McCoy (McCoy). The pursuit ended when the police forced McCoy's vehicle off the ice-covered road into a ditch. With his firearm drawn, Officer Ouelette ran towards McCoy's vehicle, slipped, and fell on the ice. Upon falling, Officer Ouelette's gun accidentally discharged, and a bullet struck McCoy in the chest, seriously injuring him. McCoy and his wife, Lori McCoy, (McCoys) sued the City of Monticello, Mayor Harold West, the Monticello Police Department, Police Chief Sam Norris, (collectively, City), and Officer Ouelette under 42 U.S.C. § 1983, alleging violations of McCoy's Fourth Amendment rights. Earlier, Officer Ouelette appealed the district court's denial of qualified immunity. Concluding no unreasonable seizure had occurred, we reversed holding Officer Ouelette was entitled to qualified immunity. McCoy v. City of Monticello, 342 F.3d 842, 848-49 (8th Cir.2003) (McCoy I). Thereafter, the district court1 granted summary judgment on the municipal liability claims. The McCoys appeal, and we affirm.
The McCoys appeal the grant of summary judgment in favor of the City on their municipal claims of unconstitutional custom and failure to train and supervise, arguing Tennessee v. Garner, 471 U.S. 1, 105 S.Ct. 1694, 85 L.Ed.2d 1 (1985), mandates reversal. We review de novo a grant of summary judgment, giving the McCoys the most favorable reading of the record as well as the benefit of any reasonable inferences drawn from the record. Wilson ex rel. Wilson v. Gunn, 403 F.3d 524, 526 (8th Cir.2005).
A Fourth Amendment seizure requires an intentional act by an officer, and does not address "accidental effects of otherwise lawful government conduct." Brower v. County of Inyo, 489 U.S. 593, 596-97, 109 S.Ct. 1378, 103 L.Ed.2d 628 (1989). We previously held Officer Ouelette's act of drawing his gun was "objectively reasonable," and the accidental discharge did not constitute an unreasonable seizure violating McCoy's constitutional rights.2 McCoy I, 342 F.3d at 847-49. Therefore, the City cannot be held liable on either an unconstitutional policy or custom theory or on a failure to train or supervise theory. This circuit has consistently recognized a general rule that, in order for municipal liability to attach, individual liability first must be found on an underlying substantive claim.3 See McVay v. Sisters of Mercy Health Sys., 399 F.3d 904, 909 (8th Cir.2005) ( ); Turpin v. County of Rock, 262 F.3d 779, 784 (8th Cir.2001) ( ); Veneklase v. City of Fargo, 248 F.3d 738, 748 (8th Cir.2001) (en banc) ( ); Thomas v. Dickel, 213 F.3d 1023, 1026 (8th Cir.2000) ( ); Eagle v. Morgan, 88 F.3d 620, 628 (8th Cir.1996) ( ); Abbott v. City of Crocker, 30 F.3d 994, 998 (8th Cir.1994) ( ).
We have reviewed Tennessee v. Garner and conclude its facts are clearly distinguishable. Garner involved a police officer's intentional use of deadly force to prevent the escape of a fleeing, unarmed burglar. While ruling a Tennessee statute authorizing use of deadly force was not unconstitutional on its face, the Supreme Court held "[t]he use of deadly force to prevent the escape of all felony suspects, whatever the circumstances, is constitutionally unreasonable." Garner, 471 U.S. at 11, 105 S.Ct. 1694. The Court further declared, "[a] police officer may not seize an...
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