Bunyon v. Burke County

• Decision Date: 24 February 2004
• Docket Number: No. CV 102-007.,CV 102-007.
• Citation: 306 F.Supp.2d 1240
• Parties: Leroy BUNYON, Plaintiff, v. BURKE COUNTY; Gregory T. Coursey, Sheriff, Individually and in his Official Capacity as Sheriff of the Burke County Sheriff's Department; Johnny Patterson, Sergeant, Individually and in his Official Capacity for the Burke County Sheriff's Department; Robert L. Saulsberry, Sergeant, Individually and in his Official Capacity for the Burke County Sheriff's Department; Wayne Scott, Lt., Individually and in his Official Capacity for the Burke County Sheriff's Department; John H. Bush, Jr., Capt., Individually and in his Official Capacity for the Burke County Sheriff's Department; City of Midville; Bruce Anderson, Chief of Police, Individually and in his Official Capacity as the Chief of Police for the City of Midville; Leroy Morgan, Investigator, Individually and in his Official Capacity for the City of Midville Police Department, Defendants.
• Court: U.S. District Court — Southern District of Georgia

306 F.Supp.2d 1240

Leroy BUNYON, Plaintiff, v. BURKE COUNTY; Gregory T. Coursey, Sheriff, Individually and in his Official Capacity as Sheriff of the Burke County Sheriff's Department; Johnny Patterson, Sergeant, Individually and in his Official Capacity for the Burke County Sheriff's Department; Robert L. Saulsberry, Sergeant, Individually and in his Official Capacity for the Burke County Sheriff's Department; Wayne Scott, Lt., Individually and in his Official Capacity for the Burke County Sheriff's Department; John H. Bush, Jr., Capt., Individually and in his Official Capacity for the Burke County Sheriff's Department; City of Midville; Bruce Anderson, Chief of Police, Individually and in his Official Capacity as the Chief of Police for the City of Midville; Leroy Morgan, Investigator, Individually and in his Official Capacity for the City of Midville Police Department, Defendants.

No. CV 102-007.

United States District Court, S.D. Georgia, Augusta Division.

February 24, 2004.

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Wade K. Copeland, Richard M. Pierro, Jr., Carlock, Copeland, Semler & Stair, LLP, Atlanta, GA, for Plaintiff.

Maren R. Frost, Swift, Currie, McGhee & Hiers, LLP, M. Diane Owens, Christopher D. Balch, Swift, Currie, McGhee & Hiers, Phillip E. Friduss, Cynthia M. Daley, Hall, Booth, Smith & Slover, PC, Atlanta, GA, Michael G. Frick, Hall, Booth, Smith & Slover, PC, Brunswick, GA, for defendants.

ORDER

BOWEN, Chief Judge.

Plaintiff Leroy Bunyon ("Bunyon") filed suit in the above-captioned case pursuant to 42 U.S.C. § 1983 against twelve defendants: (1) Burke County, Burke County Sheriff's Department, Gregory T. Coursey, Johnny Patterson, Robert Saulsberry, Wayne Scott and John H. Bush, Jr. (collectively "the Burke County defendants"); and (2) City of Midville, Midville Police Department, Bruce Anderson, Leroy Morgan, and Wesley Lewis (collectively "the Midville defendants").¹ Presently before the Court are two motions: (1) a motion for summary judgment by the Burke County defendants (Doc. No. 45) and (2) a motion for partial summary judgment by Bunyon (Doc. No. 57). For reasons stated more fully below, the Burke County defendants' motion is GRANTED IN PART and DENIED IN PART. Bunyon's motion for partial summary judgment against the Burke County defendants is DENIED.²

I. BACKGROUND

Distilled to its essence, this case is about the events surrounding the arrest and detention of Leroy Bunyon and the allegedly poor medical care he received while detained in the Burke County Jail. The factual background and procedural history are recited at length in the Court's Order of September 29, 2003. In that Order, the Court held the following with respect to the Midville Defendants: 1) Bunyon suffered a violation of his constitutional right to due process because he was not taken before a judicial officer within three days of his arrest, and damages for such violation are to be determined by a jury; 2) Bunyon's claim of a due process violation because he was not allowed to post bail will go to trial; 3) Bunyon's claims that the City of Midville and Bruce Anderson, in his official capacity, are liable for unconstitutional policies of excessive detention of pre-trial detainees arrested on bench warrants and of refusing to accept bail for a pre-trial detainee will go to trial; 4) Defendants Morgan and Anderson are not entitled to the protection afforded by qualified immunity; 5) Bunyon's false imprisonment claim against Morgan and the City of Midville will go to trial; and 6) Bunyon's claim for punitive damages against the City of Midville is dismissed.

II. REQUIREMENTS FOR SUMMARY JUDGMENT

The Court should grant summary judgment only if "there is no genuine issue as to any material fact and ... the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c). Facts are "material" if they could affect the outcome of the suit under the governing substantive law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The Court must view the facts in the light most favorable to the non-moving party, Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986), and must draw "all justifiable inferences in [its] favor...." United States v. Four Parcels of Real Property, 941 F.2d 1428, 1437 (11th Cir.1991) (en banc) (internal quotation marks omitted).

The moving party has the initial burden of showing the Court, by reference to materials on file, the basis for the motion. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). How to carry this burden depends on who bears the burden of proof at trial. Fitzpatrick v. City of Atlanta, 2 F.3d 1112, 1115 (11th Cir.1993). If the movant bears the burden of proof at trial, that party "must show that, on all the essential elements of its case, ... no reasonable jury could find for the nonmoving party." Four Parcels, 941 F.2d at 1438. On the other hand, if the non-movant has the burden of proof at trial, the movant may carry the initial burden in one of two ways — by negating an essential element of the non-movant's case or by showing that there is no evidence to prove a fact necessary to the non-movant's case. See Clark v. Coats & Clark, Inc., 929 F.2d 604, 606-08 (11th Cir.1991) (explaining Adickes v. S.H. Kress & Co., 398 U.S. 144, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970) and Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)). Before the Court can evaluate the non-movant's response in opposition, it must first consider whether the movant has met its initial burden of showing that there are no genuine issues of material fact and that it is entitled to judgment as a matter of law. Jones v. City of Columbus, 120 F.3d 248, 254 (11th Cir.1997) (per curiam). A mere conclusory statement that the non-movant cannot meet the burden at trial is insufficient. Clark, 929 F.2d at 608.

If — and only if — the movant carries its initial burden, the non-movant may avoid summary judgment only by "demonstrat[ing] that there is indeed a material issue of fact that precludes summary judgment." Id. Again, how to carry this burden depends on who bears the burden of proof at trial. If the movant has the burden of proof at trial, the non-movant may avoid summary judgment only by coming forward with evidence from which a reasonable jury could find in its favor. Anderson, 477 U.S. at 249, 106 S.Ct. 2505. If the non-movant bears the burden of proof at trial, the non-movant must tailor its response to the method by which the movant carries its initial burden. If the movant presents evidence affirmatively negating a material fact, the non-movant "must respond with evidence sufficient to withstand a directed verdict motion at trial on the material fact sought to be negated." Fitzpatrick, 2 F.3d at 1116. If the movant shows an absence of evidence on a material fact, the non-movant must either show that the record contains evidence that was "overlooked or ignored" by the movant or "come forward with additional evidence sufficient to withstand a directed verdict motion at trial based on the alleged evidentiary deficiency." Id. at 1116-17. The non-movant cannot carry its burden by relying on the pleadings or by repeating conclusory allegations contained in the complaint. See Morris v. Ross, 663 F.2d 1032, 1033-34 (11th Cir.1981). Rather, the non-movant must respond by affidavits or as otherwise provided by Federal Rule of Civil Procedure 56.

The clerk has given the non-moving parties notice (Doc. Nos. 46, 58) of the summary judgment motions and the summary judgment rules, of the right to file affidavits or other materials in opposition, and of the consequences of default. Therefore, the notice requirements of Griffith v. Wainwright, 772 F.2d 822, 825 (11th Cir.1985) (per curiam), are satisfied. The time for filing materials in opposition has expired, and the motions are ready for consideration.

III. ANALYSIS

Bunyon has brought both federal and state law claims. His claims arise out of alleged violations that occurred (1) because of his detention and (2) as a result of the allegedly poor medical care he received at the Burke County Jail. Because Bunyon was arrested by the Midville Police, but detained in the Burke County Jail, the defendants are effectively divided into two groups: (1) the "Burke County defendants" — Burke County, Gregory T. Coursey, Johnny Patterson, Robert Saulsberry, Wayne Scott, and John H. Bush, Jr.; and (2) the "Midville defendants" — City of Midville, Bruce Anderson, and Leroy Morgan. The liability of the Midville defendants was addressed in the Order of September 29, 2003. (Doc. No. 108.) I will now address the liability of the Burke County defendants.

A. The Due Process Claim

Based on his arrest and detention, Bunyon asserts he is entitled to summary judgment on a constitutional claim of deprivation of his rights without due process.³ (Doc. No. 57.) Bunyon asserts that because he was not brought before a judicial officer within the time prescribed by law, or permitted to post bond following his arrest on March 13, 2001, his right to due process was violated. (Doc. No. 60 at 21-23.) Bunyon claims that Burke County is liable for this violation because it had a custom, policy, or practice of deliberate indifference to such rights. (Id.)

The applicable federal and state law on due process has been set forth in the Order of September 29, 2003. (Doc. No. 108.) In that Order the Court concluded that Georgia's statutes create a liberty interest, protectable by the Due Process Clause of the United States Constitution, (1) in being brought before a judge within 72 hours⁴ of arrest and (2) in being allowed to post bail on a misdemeanor charge. (Id. at 22-27.) Although the Burke County defendants, like the Midville defendants, contend that the bench warrant under...