Ross v. State of Ala., Civ. A. No. 95-D-622-S.

• Decision Date: 07 July 1995
• Docket Number: Civ. A. No. 95-D-622-S.
• Citation: 893 F. Supp. 1545
• Parties: George ROSS; Paula Jean Ross; Cynthia Banta; Jarred Paul Daykota Son of Two Nations, by and through his mother, Cynthia Banta; Gary Lee Banta, Jr.; Jennifer Ross; Selina Ross, by and through her mother, Jennifer Ross; Jessica Ross, by and through her mother Jennifer Ross; James Pyron; Elsie Pyron; Lacy Pyron; Dustie Pyron; Donville Jackson Ross; and Donville Jackson Ross, Jr., Plaintiffs, v. STATE OF ALABAMA; Town of Webb, Alabama; Houston County Commission, Department of Human Resources, Houston County, Alabama; Donna Jones, in her official capacity as an employee of the Department of Human Resources and individually; Lucia Parsons, in her official capacity as an employee of the Department of Human Resources and individually; Lamar Hadden, Sheriff, Houston County, Alabama; Jerry Hunt and Leroy Wood, in their official capacities as employees of the Houston County Sheriff's Department and individually; and Tommy Harper, Defendants.
• Court: U.S. District Court — Middle District of Alabama

893 F. Supp. 1545

George ROSS; Paula Jean Ross; Cynthia Banta; Jarred Paul Daykota Son of Two Nations, by and through his mother, Cynthia Banta; Gary Lee Banta, Jr.; Jennifer Ross; Selina Ross, by and through her mother, Jennifer Ross; Jessica Ross, by and through her mother Jennifer Ross; James Pyron; Elsie Pyron; Lacy Pyron; Dustie Pyron; Donville Jackson Ross; and Donville Jackson Ross, Jr., Plaintiffs, v. STATE OF ALABAMA; Town of Webb, Alabama; Houston County Commission, Department of Human Resources, Houston County, Alabama; Donna Jones, in her official capacity as an employee of the Department of Human Resources and individually; Lucia Parsons, in her official capacity as an employee of the Department of Human Resources and individually; Lamar Hadden, Sheriff, Houston County, Alabama; Jerry Hunt and Leroy Wood, in their official capacities as employees of the Houston County Sheriff's Department and individually; and Tommy Harper, Defendants.

Civ. A. No. 95-D-622-S.

United States District Court, M.D. Alabama, Southern Division.

July 7, 1995.

COPYRIGHT MATERIAL OMITTED

Kenneth C. Sheets, Jr., Dothan, AL, Kathleen R. Hennessey, New Orleans, LA, for plaintiffs.

Charles D. Decker, Gary C. Sherrer, Dothan, AL, for defendants.

MEMORANDUM OPINION AND ORDER

DE MENT, District Judge.

Before the court is defendants Houston County Department of Human Resources ("Houston County DHR"), Lucia B. Parsons ("Parsons") and Donna Jones' Motion to Dismiss, for Judgment on the Pleadings or, in the alternative, for Full or Partial Summary Judgment.¹ Said motion was filed on June 13, 1995.

The plaintiffs commenced this action pursuant to 42 U.S.C. §§ 1982 and 1983 and the laws and Constitution of Alabama. In their motion, the defendants raise the following immunity defenses: (1) absolute immunity pursuant to the Eleventh Amendment to the United States Constitution; (2) sovereign immunity under Article I, § 14 of the Alabama Constitution; (3) qualified immunity under 42 U.S.C. § 1983; and (4) substantive immunity as to the supplemental state-law claims. In addition, the defendants move the court pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss the § 1983 count for failure to state a claim upon which relief can be granted.

For the reasons asserted herein, the court finds that the defendants' motion to dismiss on the grounds of absolute immunity under the Eleventh Amendment and Article I, § 14 of the Alabama Constitution is due to be granted. The court, however, will reserve ruling on the qualified immunity and substantive immunity defenses until the plaintiffs have responded to the defendants' motion and the issues contained in this memorandum opinion and order. The court further finds that the defendants' 12(b)(6) motion to dismiss the § 1983 claims is due to be granted without prejudice and with leave to file an amended complaint.

STANDARD OF REVIEW

When ruling on a motion to dismiss for failure to state a claim, the court must assume that the factual allegations in the complaint are true. Neitzke v. Williams, 490 U.S. 319, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989); Fed.R.Civ.P. 12(b)(6). Assuming that the facts are true, a complaint may be dismissed under Rule 12(b)(6) of the Federal Rules of Civil Procedure only "if it is clear that no relief could be granted" under any set of facts that could be proved consistent with the allegations. Hishon v. King & Spalding, 467 U.S. 69, 73, 104 S.Ct. 2229, 2232, 81 L.Ed.2d 59 (1984).²

FINDINGS OF FACT

Viewing as true the allegations in the complaint, the court finds the following facts relevant and controlling for the purposes of ruling on the motion:

The plaintiffs, who are Native American Indians, commenced this action on May 11, 1995 in the United States District Court for the Middle District of Alabama. The complaint alleges that on or about May 11, 1993, defendant Jerry Hunt ("Hunt"), an officer of the Houston County, Alabama Sheriff's Department, unlawfully entered the plaintiffs' residence without consent, a search warrant or probable cause that an offense had been committed. Pl.s' Compl. at ¶ 16. The plaintiffs further aver that later the same day Hunt and defendant Leroy Wood ("Wood"), also an officer of the Houston County Sheriffs Department, entered their residence and (1) threatened to remove the children from the parent's custody, (2) touched the children in an offensive manner for intimidation purposes, (3) told the parents to remove the children from the state within two hours and to remove the children from the school they were attending, (4) and violated the plaintiffs' constitutional rights to due process, privacy, property and equal treatment under the law. Id. at ¶ 16(b).

According to the plaintiffs, Hunt and Wood acted, in part, pursuant to Jones' "instructions" and with "the knowledge and consent" of the Houston County DHR. Id. At all material times to this lawsuit, Jones and Parsons were "employees and agents" of the Houston County DHR. Id. at ¶ 12. The style of the complaint indicates that Jones and Parsons are sued in their individual and official capacities.

The complaint alleges that the Houston County DHR, Jones and Parsons, among others,³ deprived the plaintiffs of their constitutional rights as enforced by 42 U.S.C. § 1983. Id. at ¶ 4. While the complaint leaves much to be desired from the point of view of precision and clarity (particularly as to the claims asserted against the Houston County DHR, Jones and Parsons), the court finds that the underlying constitutional violations brought under § 1983 are as follows: (1) violation of the First Amendment's right to freedom of association; (2) violation of the Fourth Amendment's prohibition against unreasonable searches and seizures; and (3) deprivation of due process, equal protection and the right to privacy as guaranteed under the Fourteenth Amendment. Id. at ¶¶ 4, 16.

The plaintiffs also seek redress for alleged violations of 42 U.S.C. § 1982, which guarantees all citizens equal rights to "inherit, purchase, lease, sell, hold, and convey real and personal property."⁴ 42 U.S.C. § 1982. Finally, the plaintiffs assert supplemental state-law claims of assault and intentional infliction of emotional distress (also known as the tort of outrage), as well as violations of the Alabama Constitution. Id. at ¶¶ 5, 29, 32. The plaintiffs seek $200,000 compensatory damages, $1,000,000 punitive damages, attorneys fees under 42 U.S.C. § 1988, costs, pre-and post-judgment interest and "such other and further relief as the court may deem just, merited or proper." Id. at ¶¶ 24, 32.

DISCUSSION

I. Federal Claims: §§ 1982 and 1983

A. Eleventh Amendment Immunity

The defendants contend that as to the claims asserted under 42 U.S.C. §§ 1982 and 1983, the Eleventh Amendment to the United States Constitution prohibits the plaintiffs' lawsuit against the Houston County DHR and Jones and Parsons in their official capacities. The court agrees with the defendants that the Eleventh Amendment defines the initial parameters of the court's jurisdiction to entertain the plaintiffs' federal claims.

In this action, the plaintiffs seek monetary relief in the form of compensatory and punitive damages. Generally, the Eleventh Amendment prohibits actions seeking a monetary award from a state, state agency or state employee sued in his or her official capacity.⁵See Edelman v. Jordan, 415 U.S. 651, 662-63, 94 S.Ct. 1347, 1355-56, 39 L.Ed.2d 662 (1974). An individual may, however, bring suit if the state unequivocally has waived its immunity or if congressional legislation under § 5 of the Fourteenth Amendment operates as a waiver of the Eleventh Amendment's protection.⁶Kennecott Copper Corp. v. State Tax Com'n, 327 U.S. 573, 577, 66 S.Ct. 745, 747, 90 L.Ed. 862 (1946); Hutto v. Finney, 437 U.S. 678, 693, 98 S.Ct. 2565, 2574-75, 57 L.Ed.2d 522 (1978) (citing Fitzpatrick v. Bitzer, 427 U.S. 445, 96 S.Ct. 2666, 49 L.Ed.2d 614 (1976)).

1. § 1983

Because neither the State of Alabama nor Congress has waived Eleventh Amendment immunity under § 1983, the aforementioned exceptions do not apply. Carr v. City of Florence, Ala., 916 F.2d 1521, 1525 (11th Cir.1990). Hence, the Eleventh Amendment protects the Houston County DHR from liability, if it is a state agency.

To ascertain whether an entity is an arm of the state, the court must examine state law. Brown v. East Central Health Dist., 752 F.2d 615, 617 (11th Cir.1985) (citations omitted). By statute, the Houston County DHR is a division of the State Department of Human Resources and operates under its direction. Ala.Code § 38-2-8 (1992); see also Mitchell v. Davis, 598 So.2d 801, 806 (Ala.1992). Thus, the court concludes that the Houston County DHR is a state agency for purposes of the Eleventh Amendment. Indeed, the plaintiffs do not dispute the latter and assert in the complaint that the "defendant, Department of Human Resources, Houston County, is a duly authorized agency of the State of Alabama." Pl.s' Compl. at ¶ 11. Accordingly, the court finds that under § 1983, the Eleventh Amendment bars a suit for monetary damages against the Houston County DHR.

Likewise, the court finds that the plaintiffs may not seek monetary relief from Jones and Parsons in their official capacities.⁷ In Carr, the Court of Appeals for the Eleventh Circuit held that "lawsuits against a state official in his or her official capacity are suits against the state when `the state is the real, substantial party in interest.'" 916 F.2d at 1524 (quoting Pennhurst State School & Hosp. v. Halderman, 465 U.S. 89, 101, 104 S.Ct. 900, 908, 79 L.Ed.2d 67 (1984)). When a plaintiff seeks monetary relief from a state employee in his or her official capacity, as here, "the state is considered the real party in interest because an award of damages would be paid by the state." Id. (citation omitted). Based on the foregoing authority, the court finds that the § 1983 claims asserted against the ...