Payne v. Collins

• Decision Date: 25 June 1997
• Docket Number: No. 9:95CV413 (TH).,9:95CV413 (TH).
• Citation: 986 F.Supp. 1036
• Parties: Lloyd PAYNE, et al., Plaintiffs, v. James A. COLLINS, et al., Defendants.
• Court: U.S. District Court — Eastern District of Texas

986 F.Supp. 1036

Lloyd PAYNE, et al., Plaintiffs, v. James A. COLLINS, et al., Defendants.

No. 9:95CV413 (TH).

United States District Court, E.D. Texas, Lufkin Division.

June 25, 1997.

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Reich Chandler, Darrin Walker, Lufkin, TX, Don Tittle, Dallas, TX, for Plaintiffs.

Philip Marrus, Austin, TX, for Defendants.

MEMORANDUM OPINION

HEARTFIELD, District Judge.

1. Plaintiffs, Lloyd and Vina Payne (the Paynes), sue defendants, James A. Collins, Wayne Scott, Keith Price and Essie Johnson, all of whom are former or current Texas Department of Criminal Justice (TDCJ) officials, individually under Section 1983 of Title 42 to the United States Code (Section 1983)¹ for failing to protect their son, Randy Payne, in violation of the Eighth Amendment to the United States Constitution.² Pls.' Second Am. Compl. and Req. for Jury; Pls.' Resp. to Defs.' Mot. for Summ. J. [hereinafter Resp.].

2. Collins, Scott, Price and Johnson move for summary judgment. They initially argue that this case's record fails to establish them as liable for any Eighth Amendment breach. They then contend that, even if they committed constitutional violations, they should receive qualified immunity.³ Mot.; Defs.' Reply to Pls.' Resp. to Defs.' Mot. for Summ. J. [hereinafter Reply].

3. The court grants the motion for summary judgment [62] in part and denies it in part.

SUMMARY JUDGMENT STANDARD

4. "Federal Rule of Civil Procedure 56(c) provides that a grant of summary judgment is proper where there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law." Pollock v. Federal Deposit Ins. Corp., 17 F.3d 798, 803 (5th Cir.1994). "The mere existence of a factual dispute does not by itself preclude the granting of summary judgment. `[T]he requirement is that there be no genuine issue of material fact.'" St. Amant v. Benoit, 806 F.2d 1294, 1297 (5th Cir.1987). "The substantive law ... identif[ies] which facts are material." Forsyth v. Barr, 19 F.3d 1527, 1533 (5th Cir.), cert. denied, 513 U.S. 871, 115 S.Ct. 195, 130 L.Ed.2d 127 (1994); see Texas Manufactured Hous. Ass'n, Inc. v. City of Nederland, 101 F.3d 1095, 1099 (5th Cir.1996) ("A fact is `material' if its resolution in favor of one party might affect the outcome of the lawsuit under governing law."), cert. denied, ___ U.S. ____, 117 S.Ct. 2497, 138 L.Ed.2d 1003 (1997). "There is no genuine issue of material fact if the evidence is such that, drawing all reasonable inferences in favor of the nonmovant, ... a reasonable jury could not return a verdict in his [or her] favor."⁴ Atkinson v. Denton Pub. Co., 84 F.3d 144, 148 (5th Cir.1996); see Texas Manufactured Hous. Ass'n, 101 F.3d at 1099 ("An issue is `genuine' if the evidence is sufficient for a reasonable jury to return a verdict for the nonmoving party.").

5. The operation of the summary judgment standard varies. See International Shortstop, Inc. v. Rally's, Inc., 939 F.2d 1257, 1263-65 (5th Cir.1991), cert. denied, 502 U.S. 1059, 112 S.Ct. 936, 117 L.Ed.2d 107 (1992). For example, in this suit, the framework associated with "run-of-the-mill civil cases" guides analysis of the direct challenges to the Paynes' Eighth Amendment claims, while a another approach informs consideration of the assertions of qualified immunity. A difference in where the burden of proof is placed in an Eighth Amendment claim and in a qualified immunity defense explains this circumstance. Compare infra ¶ 33 (disclosing that the plaintiff alone bears the burden of proof on an Eighth Amendment claim brought under Section 1983) with Salas v. Carpenter, 980 F.2d 299, 306 (5th Cir.1992) (describing the "shifting burden of proof" for qualified immunity).

Application of the Summary Judgment Standard When the Movant-Defendant Challenges Constitutional Claims: The "Run-of-the-Mill" Civil Case Approach

6. "In the `run-of-the-mill' civil case, [such as one alleging an Eighth Amendment violation brought under Section 1983,] the defendant moves for summary judgment on the ground that the evidence in the record demonstrates that it is entitled to a judgment as a matter of law—that should the case proceed to trial, the plaintiff will not sustain its burden of proof and the court will necessarily direct a verdict in its favor." International Shortstop, 939 F.2d at 1264. To show that the evidence mandates summary judgment in its favor, the defendant either "affirmatively offer[s] evidence which undermines one of the essential elements of the plaintiff's case; or, ... simply demonstrate[s] that the evidence in the record falls short of establishing an essential element of the plaintiff's case,"<sup>5</sup> id.; see Topalian v. Ehrman, 954 F.2d 1125, 1131 (5th Cir.) (party moving for summary judgment carries its burden "by informing the court of the basis for its motion, and by identifying portions of the record which highlight the absence of genuine factual issues"), cert. denied, 506 U.S. 825, 113 S.Ct. 82, 121 L.Ed.2d 46 (1992). When the defendant makes a properly supported motion for summary judgment, the plaintiff "must bring forward ... `significant probative evidence'" to create a genuine issue of material fact.⁶ Gutterman, 896 F.2d at 118; accord Texas Manufactured Hous. Ass'n, 101 F.3d at 1099. It "need not offer all of the evidence tending to support its case, only enough evidence from which a jury might return a verdict in [its] favor." International Shortstop, 939 F.2d at 1264. It "can satisfy [this] ... burden by tendering depositions, affidavits or other competent evidence," Topalian, 954 F.2d at 1132, or "by referring to evidentiary documents already in the record," Lavespere v. Niagara Mach. & Tool Works, Inc., 910 F.2d 167, 178 (5th Cir.1990), cert. denied, 510 U.S. 859, 114 S.Ct. 171, 126 L.Ed.2d 131 (1993).⁷ Accord International Shortstop, 939 F.2d at 1263-64. The plaintiff's showing, however, "must [raise] ... more than a metaphysical doubt about the material facts," Washington v. Armstrong World Indus., Inc., 839 F.2d 1121, 1123 (5th Cir.1988), and must constitute more than a "mere scintilla of evidence," Spiller v. Ella Smithers Geriatric Ctr., 919 F.2d 339, 343 (5th Cir.1990). Moreover, the plaintiff cannot elude the defendant's properly supported summary judgment motion by presenting "conclusory allegations, improbable inferences, and unsupported speculation,"⁸ Krim v. BancTexas Group, Inc., 989 F.2d 1435, 1439 (5th Cir.1993); accord Galindo v. Precision Am. Corp., 754 F.2d 1212, 1216 (5th Cir.1985) ("In fact, unsupported allegations or affidavits setting forth `ultimate or conclusory facts and conclusions of law' are insufficient to either support or defeat a motion for summary judgment."); see Grimes v. Texas Dep't of Mental Health and Mental Retardation, 102 F.3d 137, 139 (5th Cir.1996) ("Needless to say, unsubstantiated assertions are not competent summary judgment evidence."), or by "claim[ing] that further discovery or a trial might reveal facts [of] which [it] ... is currently unaware," Armstrong Indus., 839 F.2d at 1123. When the plaintiff fails to meet its evidentiary burden, entry of summary judgment for the defendant results. Topalian, 954 F.2d at 1131; Fields v. City of South Houston, Tex., 922 F.2d 1183, 1187 (5th Cir.1991); Fontenot v. Upjohn Co., 780 F.2d 1190, 1195-96 (5th Cir.1986); see Little, 37 F.3d at 1075 (When the nonmovant provides no evidence to create a genuine issue of material fact, the court "do[es] not ... assume that the nonmovant could or would prove the necessary facts." Rather, it enters summary judgment for the movant.).

Application of the Summary Judgment Standard When the Movant-Defendant Asserts Qualified Immunity

7. "Public officials whose positions entail the exercise of discretion enjoy the defense of qualified immunity in § 1983 actions." Whatley v. Philo, 817 F.2d 19, 20 (5th Cir.1987). "In essence, qualified immunity `reconcile[s] two competing interests. One interest is the compensation of persons whose federally protected rights have been violated. Opposing this is the fear that personal liability will inhibit public officials in the discharge of their duties.'" Caffey v. Johnson, 883 F.Supp. 128, 132 (E.D.Tex. 1995) (quoting Johnston v. City Houston, 14 F.3d 1056, 1059 (5th Cir.1994)).

8. The question of "[w]hether [or not] a defendant [government official] asserting qualified immunity may be personally liable turns on the objective legal reasonableness of [his or her] ... actions assessed in light of clearly established law." Pfannstiel v. City of Marion, 918 F.2d 1178, 1183 (5th Cir.1990).

[Under this standard,] the [defendant's] ... conduct is measured with reference to the law as it existed at the time of the conduct in question. Therefore, the right the [defendant] ... is alleged to have violated must have been clearly established at the time of the occurrence. The contours of the right must be sufficiently clear so that a reasonable official would understand that what he [or she] is doing violates that right. If, upon viewing the evidence in the light most favorable to the [plaintiff] ..., reasonable public officials could differ on the lawfulness of the defendant's actions, the defendant is entitled to qualified immunity.

Harper v. Harris County, Tex., 21 F.3d 597, 600 (5th Cir.1994); accord Spann v. Rainey, 987 F.2d 1110, 1114 (5th Cir.1993) ("The contour, or standard, for a constitutional right may expand after the time of the alleged violation; but as stated, the benchmark for objective reasonableness is that which existed at the time of the alleged violation— we look to clearly established law at that time.").

9. No hard and fast rule defines the body of law to consult to determine if a constitutional right was clearly established when the purported wrong occurred. Melear v. Spears, 862 F.2d 1177, 1184 n. 8 (5th Cir.1989).

Relying solely on...