Betts v. New Castle Youth Dev. Ctr.

• Decision Date: 13 September 2010
• Docket Number: No. 09-3753.,09-3753.
• Citation: 621 F.3d 249
• Parties: Eric M. BETTS; Susan Betts, Appellants v. NEW CASTLE YOUTH DEVELOPMENT CENTER; Kenneth Went, in his individual and official capacity; Charles Mitcham, in his individual and official capacity; David Tomocheck, in his individual and official capacity; Omar Stuart, in his individual and official capacity; Willie Blue, in his individual and official capacity; Tammy A. Odem, in her individual and official capacity; John Doe, in his individual and official capacity.
• Court: U.S. Court of Appeals — Third Circuit

621 F.3d 249

Eric M. BETTS; Susan Betts, Appellants

v.NEW CASTLE YOUTH DEVELOPMENT CENTER; Kenneth Went, in his individual and official capacity; Charles Mitcham, in his individual and official capacity; David Tomocheck, in his individual and official capacity; Omar Stuart, in his individual and official capacity; Willie Blue, in his individual and official capacity; Tammy A. Odem, in her individual and official capacity; John Doe, in his individual and official capacity.

No. 09-3753.

United States Court of Appeals,Third Circuit.

Argued May 18, 2010.

Filed: Sept. 13, 2010.

Robert Ross, [Argued], Ross, Fuller & Casey, Philadelphia, PA, Attorneys for Appellants.

John G. Knorr, III, [Argued], Office of Attorney General of Pennsylvania, Harrisburg, PA, Mary L. Friedline, Mariah Passarelli, Office of Attorney General of Pennsylvania, Pittsburgh, PA, Attorneys for Appellees.

Before: FUENTES, HARDIMAN and NYGAARD, Circuit Judges.

OPINION OF THE COURT

HARDIMAN, Circuit Judge.

On Saturday, April 29, 2006, seventeen-year-old Eric Betts suffered a tragic spinal cord injury while attempting to make a tackle during a “pick-up” football game at the New Castle Youth Development Center (YDC). Following the injury, Betts sued YDC and several of its staff members pursuant to 42 U.S.C. § 1983, claiming various constitutional violations. The District Court entered summary judgment for YDC and its staff in their official capacities, finding them immune from suit under the Eleventh Amendment. Summary judgment also was entered on the merits in favor of the Defendants in their individual capacities. Betts filed this timely appeal. ¹

I.

The District Court had subject matter jurisdiction pursuant to 28 U.S.C. § 1331. We have appellate jurisdiction under 28 U.S.C. § 1291.

“Our review of Defendants' entitlement to Eleventh Amendment immunity is plenary.” Haybarger v. Lawrence County Adult Prob. and Parole, 551 F.3d 193, 197 (3d Cir.2008). We review the District Court's summary judgment de novo, viewing the facts in the light most favorable to the nonmoving party. See Groman v. Twp. of Manalapan, 47 F.3d 628, 633 (3d Cir.1995). Summary judgment is appropriate where there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c)(2). A genuine issue of material fact exists when the evidence is such that a reasonable jury could return a verdict for the nonmoving party. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). When the moving party has carried its burden, the nonmoving party must “set out specific facts showing a genuine issue for trial.” Fed.R.Civ.P. 56(e)(2). Unsupported assertions, conclusory allegations, or mere suspicions are insufficient to overcome a motion for summary judgment. See Williams v. Borough of West Chester, 891 F.2d 458, 460 (3d Cir.1989).

II.

The YDC houses youths who have been adjudicated delinquent and committed by Pennsylvania's Juvenile Courts to the care and custody of the Pennsylvania Department of Welfare's Bureau of Juvenile Justice Services. At the time of his injury, Betts had been committed to the YDC's Secure Treatment Program-a maximum security program for serious offenders-and was assigned to one of five residential cottages. Counselors worked in the cottages and were required to accompany the residents at all times. On weekends, residents had “free time” during which they were permitted to use indoor and outdoor basketball courts, several gyms and weight training equipment, a swimming pool, and an outdoor area available for football or walking. During daytime activities such as the football game involved in this case, at least one YDC staff member had to be present for every six residents.

On the day Betts was tragically injured, two counselors accompanied ten residents, including Betts, to the outdoor area to play football. By their previous agreement, residents from Pittsburgh chose to square off against residents from Philadelphia. As was their habit, the residents played tackle football without any equipment. During the course of the fateful game, a player simulated a kickoff by throwing the ball into the air. Betts-who had prior experience playing organized and “pick-up” tackle and touch football-ran down the field “full force” and hit the ball carrier with his head. Betts testified at his deposition that he “really tried to hurt” the opposing player because his “adrenaline was rushing.”

Upon impact, Betts fell to the ground and was unable to get up. While Betts was lying on the ground, a counselor advised Betts to tell people he had been playing touch, not tackle, football. ² An ambulance transported Betts to a local hospital, where he was evacuated by helicopter to St. Elizabeth's Hospital in Youngstown, Ohio. Unfortunately, Betts's spinal cord injury was so severe that it resulted in quadriplegia.

Following the accident, Betts sued YDC and several of its staff members in their official and individual capacities. As relevant to this appeal, Betts claimed his rights were violated under the Eighth and Fourteenth Amendments to the United States Constitution. The Defendants filed a motion for summary judgment, asserting that YDC and its staff in their official capacities were immune from suit under the Eleventh Amendment. The District Court agreed, holding that the Pennsylvania Department of Public Welfare (DPW) is an administrative agency without existence apart from the Commonwealth. Betts v. New Castle Youth Dev. Ctr., 2009 WL 2913846, at *3 (W.D.Pa. Sept.8, 2009). And because the YDC is a Pennsylvania state agency “regulated, monitored and maintained” by the DPW, it was entitled to the same immunity. Id. ³

As for Betts's individual-capacity claims against the YDC staff members, the District Court ruled on the merits. On Betts's Eighth Amendment claim, the District Court held there was insufficient evidence to raise genuine issues of fact as to the existence of a substantial risk of serious harm and the Defendants' deliberate indifference to that risk. Id. at *5-6. Regarding Betts's claims under the Due Process Clause of the Fourteenth Amendment, the District Court held that his claim for deliberate indifference failed for the same reason it failed under the Eighth Amendment and that there was no liability under the state-created danger doctrine because the challenged behavior did not shock the conscience. Id. at *6-8.

III.

State governments and their subsidiary units are immune from suit in federal court under the Eleventh Amendment, which provides: “The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.” ⁴ U.S. Const. amend. XI. “The Supreme Court extended the Eleventh Amendment's reach to suits by in-state plaintiffs, thus barring all suits against non-consenting States in federal court.” Lombardo v. Pennsylvania Dep't of Public Welfare, 540 F.3d 190, 194 (3d Cir.2008) (citing Hans v. Louisiana, 134 U.S. 1, 10 S.Ct. 504, 33 L.Ed. 842 (1890)). Individual state employees sued in their official capacity are also entitled to Eleventh Amendment immunity because “official-capacity suits generally represent only another way of pleading an action” against the state. Hafer v. Melo, 502 U.S. 21, 25, 112 S.Ct. 358, 116 L.Ed.2d 301 (1991) (internal quotation marks omitted). However, “[t]he Supreme Court has long held that counties, municipalities, and political subdivisions of a state are not protected by the Eleventh Amendment.” Febres v. Camden Bd. of Educ., 445 F.3d 227, 229 (3d Cir.2006) (citations omitted). The party asserting Eleventh Amendment immunity “bears the burden of proving its applicability.” Christy v. Pennsylvania Tpk. Comm'n, 54 F.3d 1140, 1144 (3d Cir.1995). ⁵

“[I]n certain instances summary disposition of the eleventh amendment issue is possible,” however, in close cases, “evidence beyond the mere statutory language is required.” Blake v. Kline, 612 F.2d 718, 726 (3d Cir.1979). When evidence beyond mere statutory language is required, we apply an “oft-reiterated” three-part test to determine “whether an entity is an ‘alter ego’ or ‘arm’ of a state for purposes of Eleventh Amendment immunity.” Christy, 54 F.3d at 1144 (collecting cases). In this case, the District Court did not apply the Christy test because it found dispositive the relevant statutory language and Betts's concessions concerning DPW's control of YDC. Betts claims the District Court erred by failing to apply the Christy test. We disagree with Betts and, in doing so, endeavor to clarify when the Christy test should and should not be applied.

The fundamental flaw in Betts's argument lies in its fallacious premise, viz., that this is a case where “evidence beyond mere statutory language” is required. As we stated long before Christy was decided: “in certain instances summary disposition of the eleventh amendment issue is possible....” Blake, 612 F.2d at 726; see also Christy, 54 F.3d at 1144 (“In general, a claim of Eleventh Amendment immunity will occasion serious dispute only where a relatively complex institutional arrangement makes it unclear whether a given entity ought to be treated as an arm of the state.” (citation omitted)). We agree with the District Court that this case is one where summary disposition is not only possible, but appropriate.

As the District Court duly noted, Pennsylvania and federal law establish that the DPW is entitled to Eleventh Amendment immunity because it is an administrative agency without existence apart from the Commonwealth. See 71 Pa. Stat. § 61 (“executive and administrative work of [the Commonwealth of Pennsylvania] shall be performed by” various executives and administrative agencies, including the “Department of Public Welfare”); Pennhurst State Sch. & Hosp. v....