Newsome v. Lee County, Ala.
| Decision Date | 15 May 2006 |
| Docket Number | No. 3:02-CV-500MEF.,3:02-CV-500MEF. |
| Citation | 431 F.Supp.2d 1189 |
| Court | U.S. District Court — Middle District of Alabama |
| Parties | Rosemary NEWSOME, Plaintiff, v. LEE COUNTY, ALABAMA, et al., Defendants. |
Mark W. Sabel, Jr., Mark Wayne Sabel, Sr, Sabel & Sabel, P.C., Montgomery, AL, for Plaintiff.
Christina Harris Jackson, Thomas Means Gillis & Seay PC, Daryl L. Masters, Kelly G. Davidson, Webb & Eley, P.C., Montgomery, AL, for Defendants.
Plaintiff Rosemary Newsome ("Newsome") brings this action against Defendants Lee County, Alabama, et al.,1 alleging violations of a multitude of rights under the United States Constitution and the laws of Alabama. Newsome complains that a sheriffs deputy intentionally subjected her to a series of sexual assaults by male inmates while she was a pretrial detainee at the Lee County Jail. She also alleges that the officers at the jail subsequently conspired to prevent her from reporting the rapes and retaliated against her for her attempts to seek a legal remedy. Another part of Newsome's complaint contends that Lee County provided inadequate physical facilities and monitoring equipment at the jail to prevent the attacks from occurring. This cause is presently before the Court on the Motion to Dismiss (Doc. # 7) filed by the County Defendants on May 23, 2002 and the Motion to Dismiss (Doc. # 12) filed by the Officer Defendants on June 6, 2002. On November 30, 2005, the Court determined that supplemental briefing would be necessary to resolve some of the issues this case presents, and the parties responded accordingly. After reviewing the submissions of the parties, the Court finds, for the reasons set forth below, that the motions are due to be GRANTED in part and DENIED in part.
This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. §§ 1331, 1343, and 1367. The parties do not contest personal jurisdiction or venue, and the Court finds adequate allegations in support of both.
A Rule 12(b)(6) motion tests the legal sufficiency of the complaint. A court may dismiss a complaint only if it is clear that no relief could be granted under any set of facts that could be proven consistent with the allegations. See Hishon v. King & Spalding, 467 U.S. 69, 73, 104 S.Ct. 2229, 81 L.Ed.2d 59 (1984); see also Chepstow Ltd. v. Hunt, 381 F.3d 1077, 1080 (11th Cir.2004) () (internal quotations omitted). In other words, a motion to dismiss only requires a court to determine whether a plaintiffs allegations, if proven, are sufficient to state a recognized claim at law upon which relief can be granted. In analyzing a motion to dismiss, the court will accept as true all well-pleaded factual allegations and view them in a light most favorable to the non-moving party. See Hishon, 467 U.S. at 73, 104 S.Ct. 2229.
The Court has carefully considered all documents submitted in support of and in opposition to the motion. The submissions of the parties, viewed in the light most favorable to the non-moving party, establish the following facts.
Newsome, an African-American woman, was arrested and taken into pretrial custody at the Lee County Jail on April 30, 2000. She was approximately two months pregnant, and this was the first time she had been incarcerated. On May 7, 2000, sheriffs deputy Rodney Tabb ("Tabb") came to Newsome's cell and ordered her to come with him so that she could do something for him. Tabb escorted Newsome to the side of the facility where the male inmates were housed and forced Newsome into a cell in which three male inmates were waiting. Tabb then distributed condoms to the inmates and instructed Newsome not to say anything or make any noise.
In the cell, one of the inmates asked Newsome to perform oral sex on him, and when she refused, the prisoners pushed her to the floor. Although Newsome protested this treatment and pleaded with them that she was pregnant, the inmates took turns raping Newsome. During the gang rape, Tabb stood by watching the violent conduct and did nothing to stop it, even allowing other prisoners to view the episode. After the third inmate raped Newsome, the inmates urinated on her, and Tabb then removed her from the cell. As he walked Newsome back to the female side of the facility, Tabb threatened to keep her incarcerated for an indefinite period of time if she revealed these events to anyone. Tabb informed her that he knew people who could ensure that she would remain in jail indefinitely, unable to see her family, if she violated his orders.
Later that night, Newsome began having severe cramps and feared the trauma of the sexual assault may have harmed her unborn child. She immediately attempted to contact the jail's medical services staff but received no assistance. Over the course of the next few days, her symptoms persisted, and she complained to several jail employees of severe cramps, discharge, and spotting but was given only Tylenol. Finally, on May 11, 2000, Newsome was allowed to go to the emergency room at East Alabama Medical Center.
At the hospital, Newsome reported the details of the rapes to the emergency room doctor and relayed her fears that another similar incident could occur. The doctor contacted Major Cary Torbert ("Torbert") at the Lee County Sheriffs Department and informed him of Newsome's statements. Torbert assigned Officer Van Jackson ("Jackson") to investigate the allegations, and Jackson spoke with Newsome at the hospital later that day. Jackson took Newsome's statement but also asserted that she would have to return to the Lee County Jail. Newsome vigorously resisted being returned to the jail, and several members of the hospital staff intervened on her behalf. Eventually, it was agreed that Newsome would be transferred to the Auburn City Jail. At her new location, she was not mistreated in any way and allowed to contact her family and speak with them about her experience at the Lee County Jail. However, Torbert demanded Newsome's return the next day, and she was subsequently transferred back to the Lee County Jail.
Once Newsome was back at the jail, she learned that Jackson had completed his investigation in less than twenty-four hours and had not contacted several of the women who were in the cell with Newsome that night. In fact, Newsome alleges that Jackson threatened her and told her that because she had reported the incident, "they" were going to negatively influence her August court hearing. Newsome additionally avers that numerous other officers punished, intimidated, and retaliated against her for speaking out and sought to prevent her from notifying anyone outside of the jail about the rapes. As part of this effort, Officers William Wiltsie ("Wiltsie") and Minnie Ausby ("Ausby") allegedly violated the jail's policy and procedure by refusing to allow Newsome to make phone calls and by denying her visitation when her family and three children attempted to see her.
Throughout this time, Newsome continued to suffer the maladies arising out of the May 7 sexual assault. Initially, she had a difficult time obtaining her prescription medication because Officer Betty Seabrook ("Seabrook"), who was apparently the jail's nurse, refused to converse with her, saying Newsome had talked enough already. When Seabrook did relent, she threw Newsome's medicine at her and joked that she would need to wash her hands after coming into contact with Newsome. This type of treatment continued until May 17, 2000 when a judge ordered Newsome's release.
Newsome alleges that while she was in custody a female officer encouraged her to proceed with her complaint. This officer purportedly told Newsome that other officers had been speaking derisively about her and that this was not the first time such a thing had happened at the jail. Newsome also contends that the Defendants have interfered with her attempts to pursue a criminal complaint and that other officers have called her a liar and stated charges would be brought against her for her lies. As a result of the purported assault, Newsome suffered severe emotional and physical injuries that have required extensive treatment.
On April 26, 2001, Newsome filed a notice of claim and sworn statement with the Lee County Defendants to advise them of her contentions.2 Then, on August 9, 2001, Newsome sought pre-action discovery pursuant to Alabama Rule of Civil Procedure 27 in order to obtain evidence relating to the physical condition of the jail, the financial and supervisory relationship between the Lee County Defendants and the Lee County Jail, and any prior known complaints of sexual abuse at the jail. A hearing was held on Newsome's petition in Lee County Circuit Court on October 18, 2001. At the hearing, the County Defendants argued that Newsome already had sufficient evidence to frame a complaint, and thus pre-action discovery was unnecessary. The court apparently agreed with this assessment and denied Newsome's petition.
On May 2, 2002, Newsome filed the present action in this Court pursuant to 42 U.S.C. § 1983 against the Lee County and Officer Defendants. In her complaint, Newsome claims violations of the United States Constitution including rights guaranteed by the First Amendment, the Fourth Amendment, the Fifth Amendment, the Thirteenth Amendment, and the Fourteenth Amendment. Additionally, Newsome alleges pursuant to 42 U.S.C. §§ 1983 and 1985 that the Defendants took part in a conspiracy to violate her rights. Newsome also asserts numerous violations of her rights under state law.
Newsome has brought several claims based on federal law against the Defendants. Because of the differences in how...
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