Graves v. Thomas

• Decision Date: 21 June 2006
• Docket Number: No. 05-7084.,05-7084.
• Citation: 450 F.3d 1215
• Parties: Delise GRAVES; Jerry Graves, Individually and as Personal Representatives of Jerred Graves, deceased, Plaintiffs-Appellants, v. Kermit THOMAS, Individually and in his official capacity as Chief of Police of the City of Haskell, Oklahoma; Josh Ford, Individually and in his Official Capacity as Police Officer of the City of Haskell, Oklahoma, Defendants-Appellees.
• Court: U.S. Court of Appeals — Tenth Circuit

450 F.3d 1215

Delise GRAVES; Jerry Graves, Individually and as Personal Representatives of Jerred Graves, deceased, Plaintiffs-Appellants, v. Kermit THOMAS, Individually and in his official capacity as Chief of Police of the City of Haskell, Oklahoma; Josh Ford, Individually and in his Official Capacity as Police Officer of the City of Haskell, Oklahoma, Defendants-Appellees.

No. 05-7084.

United States Court of Appeals, Tenth Circuit.

June 21, 2006.

COPYRIGHT MATERIAL OMITTED

Martha J. Cherbini (Albert R. Matthews and Juliet N. Brennan with her on the briefs) Bonds & Matthews Law Firm PLLC, Muskogee, Oklahoma, for Plaintiffs-Appellants.

Betty Outhier Williams, Gage & Williams, Muskogee, Oklahoma, and Scott B. Wood, Wood, Puhl & Wood, P.L.L.C., Tulsa, Oklahoma, for Defendants-Appellees.

Before KELLY, McKAY and O'BRIEN, Circuit Judges.

O'BRIEN, Circuit Judge.

Jerred Graves was killed when he lost control of his vehicle while trying to elude police officer Josh Ford at night on country roads at very high rates of speed. His parents, Delise and Jerry Graves, brought an action against Ford and Police Chief Kermit Thomas of the Haskell, Oklahoma Police Department, both individually and in their official capacities, pursuant to 42 U.S.C. § 1983. They claim Officer Ford's deliberate and unwarranted initiation of a high speed chase resulting in Jerred's death was a violation of Jerred's Fourth and Fourteenth Amendment rights. The district court concluded no constitutional violation occurred and granted summary judgment in favor of all defendants. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we AFFIRM.

I. Standard of Review

We review the district court's grant of summary judgment de novo. Dubbs v. Head Start, Inc., 336 F.3d 1194, 1201 (10th Cir.2003). Summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c). In applying this standard, "we examine the record and any reasonable inferences drawn therefrom in the light most favorable to the non-moving party." Dubbs, 336 F.3d at 1201.

In response to the Graves' claims against them in their individual capacities, Officer Ford and Chief Thomas asserted a defense of qualified immunity. This defense shields government officials performing discretionary functions from liability "if their conduct does not violate clearly established rights of which a reasonable government official would have known." Perez v. Unified Gov't of Wyandotte County/Kansas City, Kan., 432 F.3d 1163, 1165 (10th Cir.2005). Whether a defendant is entitled to qualified immunity is a two-step process. Siegert v. Gilley, 500 U.S. 226, 232, 111 S.Ct. 1789, 114 L.Ed.2d 277 (1991). First, we must determine whether Plaintiffs "ha[ve] asserted a violation of a constitutional right at all." Id. at 232, 111 S.Ct. 1789; see Moore v. Guthrie, 438 F.3d 1036, 1040 (10th Cir.2006). If so, we decide whether "that right was clearly established such that a reasonable person in the defendant's position would have known that [his] conduct violated that right." Christiansen v. City of Tulsa, 332 F.3d 1270, 1278 (10th Cir.2003) (citation omitted). "[W]e need not reach the question of whether the individual defendants are entitled to qualified immunity if we determine, after a de novo review, that plaintiffs failed to sufficiently allege the violation of a constitutional right." Id.

The Graves' claim against Officer Ford and Chief Thomas in their official capacities is actually a claim against the town of Haskell (Haskell). They allege Haskell's failure to adequately train and discipline Officer Ford contributed to his eagerness to engage in the high-speed chase. However, as a municipality, Haskell will not be held liable under § 1983 solely because its employees inflicted injury. Monell v. Dep't of Social Servs. of the City of New York, 436 U.S. 658, 694, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). Rather, to establish municipal liability, a plaintiff must show: 1) the existence of a municipal policy or custom and 2) a direct causal link between the policy or custom and the injury alleged. City of Canton, Ohio v. Harris, 489 U.S. 378, 385, 109 S.Ct. 1197, 103 L.Ed.2d 412 (1989). When the claim is a failure to act, the plaintiff must demonstrate the municipality's inaction was the result of "`deliberate indifference' to the rights of its inhabitants." Id. at 389, 109 S.Ct. 1197. In addition, a municipality may not be held liable where there was no underlying constitutional violation by any of its officers. City of Los Angeles v. Heller, 475 U.S. 796, 799, 106 S.Ct. 1571, 89 L.Ed.2d 806 (1986).

II. Background

Haskell, Oklahoma, is a small town of approximately 2,000 people. On November 6, 2000, Josh Ford was hired as a police officer upon the recommendation of Police Chief Thomas. Officer Ford was CLEET certified at the time he was hired and had previously worked as a deputy sheriff for the Muskogee County Sheriff's Office.¹ Not long after Ford began working as a patrolman, some of the citizens of Haskell became concerned with his zealous enforcement of Haskell's traffic laws. In particular, some parents of the local youth complained that Officer Ford was harassing the teenagers in town by following them with his headlights off and engaging in high-speed chases outside his jurisdiction.² Paradoxically, the record is devoid of any evidence of parental attempts to restrain their teenagers.

It appears one of Officer Ford's favorite targets was Charles Ginn (Ginn), Jerred Graves' best friend. Ginn drove his mother's 1996 silver Firebird with the license plate "LORRI." On at least three previous occasions, Ginn and Officer Ford engaged in a car chase which resulted in Ginn outrunning the police officer. At one point, Officer Ford informed Jerred and Ginn, "I'm going to get you, one way or the other." (Appx. at 198-99.)

After learning of Officer Ford's proclivity to engage in pursuit of Haskell's young people, Haskell Reserve Police Chief, Dallas Mathews, told Officer Ford to stop chasing the kids. He advised Officer Ford to chase them for a short time, let them go and wait until they came back to town to handle any traffic infraction which may have occurred. Mathews testified he gave this advice shortly before April 2, 2001. In addition, Mr. Graves testified Chief Thomas stated shortly after Jerred's death that Chief Thomas had "told [Officer Ford] not to chase those boys, that he could get them when they came back to town. If they've got a ticket coming, to give it to them, or call their parents. . . . [Officer Ford] just didn't listen to [me]." (Appx. at 230).

At approximately 11 p.m. on April 2, 2001, Jerred and Ginn were on their way home from a friend's house. Ginn was driving his mother's silver Firebird and Jerred was driving an identical Firebird owned by his friend, Kari Beede, with the license plate "KJS-CAR." According to Ginn, he pulled over to the side of the road and Jarred pulled up beside him. Ginn told Jarred to turn his lights off because Ginn was late getting home. Jerred complied and the two cars continued down the road with Jerred in the lead until just before Ginn's driveway. At that point, Officer Ford pulled around Ginn and behind Jerred with his lights off.³ Officer Ford then turned on his overhead lights. Jerred took off and Officer Ford pursued him. Ginn followed them to the city limits and turned around.

According to Officer Ford, he immediately radioed the Muskogee Sheriff's Office informing dispatch he was in pursuit. The Sheriff Office's log sheet indicates that Officer Ford reported he was in pursuit of a car with the license plate "LORRI." Ford chased Jerred to a point where the highway curved and intersected a dirt road. Jerred continued down the dirt road, kicking up a dust trail which slowed Ford. By the time Ford got to the end of the dirt road where it again intersected with the paved highway, he had lost track of Jerred. He shut off his engine, lights and siren and rolled down the window to listen for the sound of tires. (Appx. at 186-87.) When he heard the sound of a speeding car to the north, he restarted his car and equipment and headed north.

In the meantime, Jerred was approaching an intersection with his lights off at a speed estimated at over 100 miles an hour. Unable to see Jerred's unlit car, a white truck pulled out and turned north-bound on the highway. Coming from behind Jerred swerved to avoid the truck, lost control, overcorrected and hit an obstacle on the other side of the highway. His car went airborne, flipped and rolled into a field. The occupants of the white truck and a second vehicle pulled to the side of the road to give assistance. Officer Ford arrived shortly thereafter and called for rescue. Jerred was life-flighted to St. John Medical Center in Tulsa, where he died on April 3, 2001.

Although the Haskell Police Department had a pursuit policy, Officer Ford admitted he had never read it. Officer Ford had, however, taken a "Law Enforcement Driver Training" course during his CLEET training. Officer Ford resigned from the Haskell Police Department on April 24, 2001.

The Graves filed a complaint on October 25, 2004, alleging violations of the Fourth Amendment, the Fourteenth Amendment and the failure to provide adequate training and/or supervision. Officer Ford and Chief Thomas filed motions for summary judgment. Both asserted qualified immunity, arguing no constitutional violation occurred. The district court determined the Graves' Fourth Amendment claim was precluded by established precedent.⁴ The court further concluded Ford's behavior was not arbitrary and the facts did not shock the conscience of the court, thereby negating the Graves' Fourteenth Amendment substantive due process claim and warranting...