In re Patch

• Decision Date: 29 May 2008
• Docket Number: No. 07-1003.,07-1003.
• Citation: 526 F.3d 1176
• Parties: In re Denise Irene PATCH, Debtor. Bryan Blocker, Trustee for the Heirs and Next-of-Kin of Dillon Bryan Blocker, Appellee, v. Denise Irene Patch, Appellant.
• Court: U.S. Court of Appeals — Eighth Circuit

526 F.3d 1176

In re Denise Irene PATCH, Debtor Bryan Blocker, Trustee for the Heirs and Next-of-Kin of Dillon Bryan Blocker, Appellee, v. Denise Irene Patch, Appellant.

No. 07-1003.

United States Court of Appeals, Eighth Circuit.

Submitted: November 16, 2007.

Filed: May 29, 2008.

Bradford Colbert, St. Paul, MN, George S. Pappas, on the brief, for appellant.

Richard W. Hechter, St. Louis Park, MN, for appellee.

Before MURPHY, HANSEN, and GRUENDER, Circuit Judges.

HANSEN, Circuit Judge.

Denise Patch appeals the judgment of the Eighth Circuit Bankruptcy Appellate Panel (BAP). A divided BAP affirmed the bankruptcy court's sua sponte entry of summary judgment in favor of Bryan Blocker, Trustee for the heirs and next of kin of Dillon Blocker, concluding that Patch's unliquidated debt, owed to Blocker, is nondischargeable under 11 U.S.C. § 523(a)(6). Because we conclude that Patch's debt is dischargeable as a matter of law, we reverse.

I.

This bankruptcy dispute is the product of the extremely tragic death of Patch's and Blocker's three-year old son, Dillon, who was murdered by Patch's live-in boyfriend, Steven McBride.¹ In March of 2001, Patch and McBride began dating. Soon thereafter, the couple leased a two-bedroom apartment in Lakeville, Minnesota, and began living together. Patch had two children from her prior relationship with Bryan Blocker-Dillon and a five-year-old daughter. Both children lived in the Lakeville apartment with Patch and McBride. Patch worked at a daycare center that both children attended. Dillon also participated in speech-therapy programming administered by the local school district.

Shortly after Patch and McBride leased the Lakeville apartment, McBride began physically abusing Dillon. Patch, who had received training in identifying and reporting child abuse, knew that McBride was abusing her son, and she asked him to stop. But McBride did not stop abusing Dillon, and Patch did nothing more to prevent the abuse. Eventually, daycare personnel suspected that Dillon was being abused. When Patch was questioned by coworkers about Dillon's bruises, she removed her children from daycare and quit her job there. Patch also regularly cancelled Dillon's speech-therapy classes to hide his visible bruising, and eventually, she removed Dillon from his speech program to prevent discovery of the abuse. After quitting her daycare job, Patch began working nights at Target. When Patch went to work, she left her children at home with McBride.

On September 17, 2001, Patch went to work at Target and left her children at the apartment in McBride's care. Sometime early in the morning while Patch was at work, McBride called her to tell her that Dillon was crying and had hurt himself in a fall. Patch left Target early and went home to check on Dillon. When Patch arrived home, she noticed a bruise on Dillon's forehead. While putting ice on Dillon's head, Patch also observed that Dillon was having difficulty breathing and was not speaking normally. More than once, Patch told McBride that she thought they should take Dillon to see a doctor, but McBride told her that consulting a doctor was not necessary. Instead, they put Dillon to bed and did nothing further. When Patch awoke in the morning, she checked on Dillon and found him dead. Patch called 911.

The autopsy report prepared by the Dakota County Coroner indicates that Dillon died from blunt-force injuries to his head and abdomen. Acute injuries to Dillon's head resulted in bleeding on the surface of his brain and mild swelling of his brain. Dillon's acute injuries to his abdomen included bruising of his pancreas and liver. The report also revealed an acute, small-bowel rupture and bleeding in the peritoneal cavity. Dillon's older injuries included: bruises and abrasions on his chest and arms consistent with human bite marks; multiple broken ribs in varying stages of healing; burn marks on his right arm and hand; and a knocked-out tooth that he had swallowed.

Both McBride and Patch were criminally charged. McBride was convicted of murder and sentenced to life in prison without the possibility of parole. Patch pled guilty to second-degree manslaughter (a form of criminal negligence), see Minn. Stat. § 609.205, subd. 5, and she was sentenced to 96 months of imprisonment, double the presumptive sentence. Her sentence was enhanced on the basis of aggravating factors, including Dillon's vulnerability and her failure to obtain medical care for Dillon the night before his death. See State v. Patch, No. C7-02-1333, 2003 WL 1481302 (Minn.Ct.App. Mar.25, 2003).

In December of 2003, Blocker, acting as the court-appointed trustee for Dillon's heirs and next of kin, filed a wrongful-death action against McBride and Patch in Minnesota state court. Count II of that action alleges that Patch negligently entrusted Dillon to McBride, and Count III alleges that Patch negligently failed to seek medical care for Dillon prior to his death. Both counts allege that Patch's negligent conduct was the proximate cause of Dillon's wrongful death. In contrast to the count against McBride, which alleges that he intentionally assaulted Dillon and thereby caused his death, the counts against Patch allege only negligence and carelessness; no intentional tort is alleged, neither is willfulness. Patch filed for relief under Chapter 7 of the Bankruptcy Code and listed Dillon's estate as one of her creditors. The wrongful-death action was stayed. Blocker then filed a complaint in the bankruptcy court seeking a declaration that Patch's obligation is nondischargeable because it is a debt "for willful and malicious injury" under § 523(a)(6). Patch filed a motion for summary judgment, and after a hearing, with no written memorandum, the bankruptcy court denied Patch's motion and granted Blocker summary judgment sua sponte. On appeal, a divided BAP affirmed. Patch appeals. Blocker elected to take no part in these appellate proceedings.

II.

The sole issue on appeal is whether the bankruptcy court and the BAP both erred by concluding that Patch's debt, resulting from her role in Dillon's death, is nondischargeable as a matter of law. Patch contends that the summary judgment record is insufficient, as a matter of law, to permit a rational trier of fact to find for Blocker, and therefore she is entitled to summary judgment. We agree.

Like the BAP, we review the bankruptcy court's entry of summary judgment de novo. See Marlar, 267 F.3d at 755. Summary judgment is proper if 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); Celotex v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). "Where the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party, there is no genuine issue for trial." Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) (internal marks omitted). While we view the record in the light most favorable to the nonmoving party and afford that party all reasonable inferences, see id. at 587, 106 S.Ct. 1348, the nonmoving party's production of a mere "scintilla of evidence" in support of his position is insufficient to avoid summary judgment, Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); see also Matsushita, 475 U.S. at 586, 106 S.Ct. 1348 (explaining that the party opposing summary judgment "must do more than simply show that there is some metaphysical doubt as to the material facts").

Section 523(a) of the Bankruptcy Code exempts certain debts from discharge in bankruptcy, including debts "for willful and malicious injury by the debtor to another entity." To establish that a debt is nondischargeable consistent with this exception, the party seeking to prevent discharge must show by a preponderance of the evidence that the debt is for both "willful ... injury" and "malicious injury." Id.; see Fischer v. Scarborough (In re Scarborough), 171 F.3d 638, 641 (8th Cir.) ("Willful and malicious are two distinct requirements ...."), cert. denied, 528 U.S. 931, 120 S.Ct. 330, 145 L.Ed.2d 258 (1999).

The meaning of "willful" under § 523(a)(6) is controlled by the Supreme Court's decision in Kawaauhau v. Geiger, 523 U.S. 57, 118 S.Ct. 974, 140 L.Ed.2d 90 (1998).² There, the Court resolved a circuit split over the meaning of "willful," holding that "debts arising from recklessly or negligently inflicted injuries do not fall within the compass of § 523(a)(6)." Id. at 64, 118 S.Ct. 974. Because the word "willful" in § 523(a)(6) modifies the word "injury," the Court concluded that "nondischargeability takes a deliberate or intentional injury, not merely a deliberate or intentional act that leads to injury." Id. at 61, 118 S.Ct. 974. Like the en banc Eighth Circuit decision it affirmed, the Court relied on the Restatement (Second) of Torts, observing that "the [§ 523](a)(6) formulation triggers in the lawyer's mind the category `intentional torts,' .... [which] generally require[s] that the actor intend `the consequences of an act,' not simply `the act itself.'" Id. at 61-62, 118 S.Ct. 974 (quoting the Restatement (Second) of Torts § 8A cmt. a (1964)).

The scope of "willful ... injury" under § 523(a)(6), however, is not limited to circumstances in which the debtor desires to bring about the consequences of his conduct. If the debtor knows that the consequences are certain, or substantially certain, to result from his conduct, the debtor is treated as if he had, in fact, desired to produce those consequences. Geiger v. Kawaauhau (In re Geiger), 113 F.3d 848, 852 (8th Cir.1997) (en banc) (citing the Restatement (Second) of Torts § 8A, cmt. a (1965)), aff'd, 523 U.S. 57, 118 S.Ct. 974, 140 L.Ed.2d 90 (1998). Our Geiger opinion makes clear that in this circuit the "willful" element is a subjective one, requiring proof that the debtor desired to bring about the...