Anderson v. Roberts, 86-2186

• Decision Date: 09 July 1987
• Docket Number: No. 86-2186,86-2186
• Citation: 823 F.2d 235
• Parties: Frank Edward ANDERSON Jr., and Emmet L. Linker, Appellees, v. Jerry ROBERTS, Individually, and in his official capacity as an Arkansas State Trooper; Dennis Ford, Individually and in his official capacity as a Pope County Deputy Sheriff; James Bolin, Individually and in his official capacity as Sheriff of Pope County; Unknown Pope County Deputy Sheriffs individually and in their official capacities; Herbert Johnston, individually and in his official capacity as the Chief of Police of Russellville, Ark.; Unknown Russellville City Police Officers, Individually and in their official capacities; Dillard Bradley, Individually and in his official capacity as a Pope County Deputy Sheriff; E.L. Williams, Individually and in his official capacity as a Russellville Police Officer, Appellants. Eighth Circuit
• Court: U.S. Court of Appeals — Eighth Circuit

Page 235

823 F.2d 235

8 Fed.R.Serv.3d 605

Frank Edward ANDERSON Jr., and Emmet L. Linker, Appellees, v. Jerry ROBERTS, Individually, and in his official capacity as an Arkansas State Trooper; Dennis Ford, Individually and in his official capacity as a Pope County Deputy Sheriff James Bolin, Individually and in his official capacity as Sheriff of Pope County; Unknown Pope County Deputy Sheriffs individually and in their official capacities; Herbert Johnston, individually and in his official capacity as the Chief of Police of Russellville, Ark.; Unknown Russellville City Police Officers, Individually and in their official capacities; Dillard Bradley, Individually and in his official capacity as a Pope County Deputy Sheriff; E.L Williams, Individually and in his official capacity as a Russellville Police Officer, Appellants.

No. 86-2186.

United States Court of Appeals,

Eighth Circuit.

Submitted April 14, 1987.

Decided July 9, 1987.

Stephen Engstrom, Little Rock, Ark., for appellants.

John Wesley Hall, Jr., Little Rock, Ark., for appellees.

Before ROSS, ^* Circuit Judge, HENLEY, Senior Circuit Judge, and JOHN R. GIBSON, Circuit Judge.

JOHN R. GIBSON, Circuit Judge.

Pope County Sheriff James Bolin appeals from an order denying his motion for summary judgment on the issue of qualified immunity in a 42 U.S.C. Sec. 1983 (1982) action brought by Frank Anderson and his grandfather, Emmet Linker. Anderson and Linker claim that several law enforcement officers, including two Pope County deputy sheriffs, used excessive force in arresting Anderson. The district court ¹ held that under clearly established law, a supervisor may be liable for failing to adequately train his or her officers or for doing so in a grossly negligent manner. The court ruled that there was a genuine issue as to whether Sheriff Bolin had displayed deliberate indifference in training and supervising his officers, and thus summary judgment was inappropriate. Sheriff Bolin argues that his affidavits establish that the two officers in question had received sufficient training and that summary judgment should have been granted. We affirm the judgment of the district court.

We state the facts in the light most favorable to the non-moving party, as we must in reviewing a denial of a summary judgment motion. See Poolman v. Nelson, 802 F.2d 304, 306 (8th Cir.1986). On the night of August 24, 1983, Arkansas State Trooper Jerry Roberts attempted to pull Frank Anderson over while Anderson was driving his truck. Anderson did not stop but instead kept driving until he reached his home. When Anderson finally stopped, Trooper Roberts ran over and jerked him out of the truck. A Russellville police officer and Pope County Deputies Dennis Ford and Dillard Bradley arrived at Anderson's home at about the same time as Anderson and Roberts. Emmet Linker, Anderson's grandfather, ran from the house towards Anderson and Roberts. Deputy Ford held Anderson's arm while Trooper Roberts put his arm around Anderson's throat. The two then beat Anderson on his sides, armpits, and arms with their billy clubs. Linker told them that Anderson was crippled and begged them to stop. When Linker put his hand on Anderson's shoulder, Deputy Bradley grabbed Linker's arm, forced it behind his back and shoved him to the ground. Anderson was also thrown to the ground and his arms were handcuffed behind his back. He was kicked, then dragged to the police car and taken to the Pope County Detention Center. Both Anderson and Linker claim to have been injured in the altercation. They brought suit against the law enforcement officers involved in the incident as well as Russellville's Chief of Police and Sheriff Bolin. In their amended complaint, plaintiffs allege seven other incidents of unjustified beatings that had previously occurred in Pope County. They allege that Sheriff Bolin was responsible for the conduct of his deputies, that he knew of the propensity for violence of certain Pope County deputies and that he took no action to prevent or punish the deputies' use of excessive force.

The only issue on appeal is the district court's denial of Sheriff Bolin's motion for summary judgment based on qualified immunity. To support his motion, Sheriff Bolin filed a list of uncontested facts stating that he was not present at the incident, that he requires his deputies to receive the training necessary for certification, that both officers involved in the incident were certified, and that according to Pope County policy only reasonable and necessary force is used during an arrest. He attached an affidavit that listed the various training courses given to Deputies Ford and Bradley. In answer to the plaintiff's interrogatories, the Sheriff stated that the policy against excessive force is so basic it is not in writing and that the use of excessive force by any officer will not be condoned. His interrogatory answers further stated that the Pope County Detention Center Policy and Procedure Manual covers the use of physical force.

The Sheriff concedes that under clearly established law a supervisor may be liable for failing to adequately train his officers or for doing so in a grossly negligent manner. Appellant's Brief at 6. ² Sheriff Bolin contends, however, that he properly supported his motion for summary judgment and that the district court erred in finding that his discovery responses raised a genuine issue of material fact as to whether he displayed deliberate indifference in training and supervising his officers.

I.

Although a denial of summary judgment is usually not considered a final appealable order, there is an exception when the motion is made by a public official based on a claim of qualified immunity. In Mitchell v. Forsyth, 472 U.S. 511, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985), the Supreme Court emphasized that qualified immunity is not just a defense to liability; it entitles public officials to immunity from suit. The court reasoned that this right "is effectively lost if a case is erroneously permitted to go to trial." Id., 105 S.Ct. at 2816. Thus, the denial of summary judgment implicates a "clai[m] of right separable from, and collateral to, rights asserted in the action," Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 546, 69 S.Ct. 1221, 1225, 93 L.Ed. 1528 (1949), and is therefore an appealable interlocutory decision. Mitchell, 105 S.Ct. at 2816; Wright v. South Ark. Regional Health Centers, Inc., 800 F.2d 199, 202-03 (8th Cir.1986); Tubbesing v. Arnold, 742 F.2d 401, 403-05 (8th Cir.1984).

Although Mitchell involved an analysis of whether the allegedly violated law was clearly established, we have recently held that it is also appropriate for an appellate court, in cases where there is no question that the law is clearly established, to ascertain whether there is any genuine issue of material fact as to whether the defendant's actions violated that law. See Wright, 800 F.2d at 203. In Wright, there was no question that the law clearly established certain constitutional rights. Instead, the question was "whether there [was] any substantial evidence that what [the public official] concededly did in fact violated those rights." Id.; see also Mitchell, 105 S.Ct. at 2816 ("[e]ven if the plaintiff's complaint adequately alleges the commission of acts that violated clearly established law, the defendant is entitled to summary judgment if discovery fails to uncover evidence sufficient to create a genuine issue as to whether the defendant in fact committed those acts"). Likewise, in the present case there is no question that a supervisor is liable for failing to adequately train his officers or for doing so in a grossly negligent manner. Instead, the question before us is whether there is sufficient evidence to support the plaintiffs' claim that Sheriff Bolin engaged in any conduct in violation of that clearly established law. The inquiry still involves an issue of law. Our review avoids directly examining the merits by giving the plaintiff the benefit of all inferences to be drawn from the facts, and it serves the purpose enunciated in Mitchell by relieving officials of the burden of defending themselves against insubstantial claims. Wright, 800 F.2d at 203. Thus, we conclude that we have jurisdiction to determine whether the Sheriff has met his burden of showing that there is no material issue that would allow a jury to find in favor of Anderson and Linker.

II.

In their complaint, the plaintiffs allege that their injuries were caused in part by the Pope County Deputies' use of excessive force. They further allege that Sheriff Bolin is liable for these injuries because he breached his duty to adequately supervise and instruct the conduct of his deputies. Plaintiffs' Amended Complaint paragraphs 38, 39. To be entitled to summary judgment, Sheriff Bolin was required to show, by admissible evidence, the absence of a genuine issue of material fact. Only after he met that initial burden did the burden shift to Anderson to come forward with controverting evidence showing that a disputed issue of fact existed for trial. See Adickes v. S.H. Kress & Co., 398 U.S. 144, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970); Foster v. Johns-Mansville Sales Corp., 787 F.2d 390, 392 (8th Cir.1986); Brown v. Trans World Airlines,...