Sims ex rel. Sims v. Glover

• Decision Date: 09 December 1999
• Docket Number: No. Civ.A. 98-D-623-S.,Civ.A. 98-D-623-S.
• Parties: Natalie SIMS, a minor, By and Through her parents and next friends Charles and Sheila SIMS, Plaintiff, v. Lamar GLOVER, et al., Defendants.
• Court: U.S. District Court — Middle District of Alabama

84 F.Supp.2d 1273

Natalie SIMS, a minor, By and Through her parents and next friends Charles and Sheila SIMS, Plaintiff, v. Lamar GLOVER, et al., Defendants.

No. Civ.A. 98-D-623-S.

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

December 9, 1999.

COPYRIGHT MATERIAL OMITTED

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John L. McClung, Lindsey & McClung, Elba, AL, for plaintiff.

Kendrick E. Webb, Webb & Eley, P.C., Montgomery, AL, Gary C. Sherrer, Farmer, Farmer, Malone & Sherrer, P.A., Dothan, AL, Bart G. Harmon, Webb & Eley, P.C., Montgomery, AL, for defendants.

MEMORANDUM OPINION AND ORDER

DE MENT, District Judge.

Before the court is Defendants' Motion To Dismiss Amended Complaint ("Mot."), together with a supporting Memorandum Brief ("Mem."), both filed November 12, 1998. Plaintiff Natalie Sims ("Sims") filed a Response To Defendants' Motion To Dismiss ("Resp.") on December 2, 1998. Defendants filed a Reply on December 9, 1998. After careful consideration of the arguments of counsel, the relevant law, and the record as a whole, the court finds that Defendants' Motion is due to be denied in part and granted in part.

JURISDICTION AND VENUE

The court properly exercises subject matter jurisdiction over this action, pursuant to 28 U.S.C. § 1331 (federal question jurisdiction) and 42 U.S.C. § 1983 (The Civil Rights Act of 1871, as amended). The Parties do not contest personal jurisdiction or venue.

STANDARD OF REVIEW

Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, a defendant may move to dismiss a complaint because the plaintiff has failed to state a claim upon which relief may be granted. See FED. R.CIV.P. 12(b)(6). A Rule 12(b)(6) motion questions the legal sufficiency of a complaint; therefore, in assessing the merits of a Rule 12(b)(6) motion, the court must assume that all the factual allegations set forth in the complaint are true. See, e.g., United States v. Gaubert, 499 U.S. 315, 327, 111 S.Ct. 1267, 113 L.Ed.2d 335 (1991); Powell v. Lennon, 914 F.2d 1459, 1463 (11th Cir.1990). Moreover, all factual allegations are to be construed in the light most favorable to the plaintiff. See, e.g., Brower v. County of Inyo, 489 U.S. 593, 598, 109 S.Ct. 1378, 103 L.Ed.2d 628 (1989).

Generally, "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." In re Johannessen, 76 F.3d 347, 349 (11th Cir.1996) (quoting Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957)); see also Hishon v. King & Spalding, 467 U.S. 69, 73, 104 S.Ct. 2229, 81 L.Ed.2d 59 (1984); Braden v. Piggly Wiggly, 4 F.Supp.2d 1357, 1360 (M.D.Ala.1998). However, in § 1983 actions where government officials sued in their individual capacities have raised the defense of qualified immunity, the Eleventh Circuit has "tightened" the pleading requirements. GJR Investments, Inc. v. County of Escambia, Fla., 132 F.3d 1359, 1367 (11th Cir.1998). In Oladeinde v. City of Birmingham, 963 F.2d 1481 (11th Cir. 1992), the Eleventh Circuit held that in cases where qualified immunity is implicated, "some factual detail is necessary, especially if [the court is] to be able to see that the allegedly violated right was clearly established when the allegedly wrongful acts occurred." Id. at 1485. Accordingly, in determining whether Sims has stated a claim, the court must be "guided both by the regular 12(b)(6) standard and by the heightened pleading requirement." GJR Investments, 132 F.3d at 1367.

PROCEDURAL HISTORY AND FACTUAL BACKGROUND

Charles Sims and Sheila Sims filed this civil rights action on May 29, 1998 as parents and next friend of Plaintiff Natalie Sims ("Sims"), a minor. In her original Complaint, Sims named as Defendants Sheriff Lamar Glover ("Sheriff Glover"), Deputy Sheriff Jackie Smith ("Deputy Smith"), Deputy Sheriff Ashley Forehand ("Deputy Forehand"), Houston County and the Houston County Commission. (Compl. ¶¶ 6-14.)

Sims' Complaint alleged constitutional violations under 42 U.S.C. §§ 1983 and 1985 (Count 1), a conspiracy to deny Sims' civil rights under 42 U.S.C. § 1985 (Count 2), and state law claims of negligence or wantonness, assault, and intentional infliction of emotional distress (Counts 3-5). (Id. at 2-8.) Sims' § 1983 claims were predicated on alleged violations of the Fourth, Fifth, Eighth and Fourteenth Amendments to the United States Constitution. (Id. ¶ 22.)

Defendants filed separate motions seeking dismissal of the Complaint. On October 13, 1998, the court entered a Memorandum Opinion And Order ("Mem.Op.") dismissing all claims against Houston County and the Houston County Commission, as well as all claims against Sheriff Glover, Deputy Smith and Deputy Forehand in their official capacities. (Mem.Op. at 1, 17.) The court further dismissed Sims' cause of action under 42 U.S.C. § 1985 and her state law claims. (Id. at 17-18.)

As to Sims' § 1983 claims, Sheriff Glover, Deputy Smith and Deputy Forehand (collectively "Defendants") argued that the allegations in the Complaint did not meet the heightened pleading requirement applicable in this circuit. (Id. at 5.) Rather than dismiss Sims' § 1983 claims, however, the court ordered Sims to amend her Complaint to state with "some factual detail" her causes of action, as required under Oladeinde, 963 F.2d at 1485. (Id. at 6, 10.) The court specifically directed Sims (1) to allege with specificity the underlying constitutional rights violated and the facts supporting the violations (id. at 11), (2) "conclusion that ... [Sheriff] Glover and [Deputy] Forehand violated [Sims'] constitutional rights" (id. at 12), and (3) "to allege detailed facts as to why the defense of qualified immunity cannot be sustained in this action." (Id. at 13.) The court "forewarned that if only conclusory allegations [were] provided, the court [would] grant [ ] Defendants' 12(b)(6) Motion To Dismiss." (Id. at 13-14.)

Sims filed an Amended Complaint on October 26, 1998. As alleged therein, Sims was a minor and was present in a trailer on May 31, 1996 when deputies Smith and Forehand searched the premises pursuant to a search warrant. (Am. Compl.¶ 8.) According to Sims, the warrant may have been based on "information supplied by an inmate at the Houston County Jail that there were drugs hidden on the premises." (Id.)

The Amended Complaint does not allege that Sheriff Glover was present at the search. Rather, it alleges that deputies Smith and Forehand were acting "under the supervision" of Sheriff Glover and that Deputy Forehand was the supervisor at the scene. (Id.)

During the search, law enforcement officers conducted a pat-down search of all the occupants at the trailer, including Sims. (Id.) No incriminating evidence was found on Sims or on any other occupant. (Id.) Nonetheless, after searching the premises, Deputy Smith strip searched Sims. (Id. ¶¶ 9, 15B.) Deputy Forehand witnessed the strip search of Sims. (Id. ¶ 9.) As alleged, the strip search was conducted without a warrant; Sims was never arrested; and at no time subsequent to the strip search did a warrant issue for Sims' arrest. (Id. ¶¶ 9, 11.) Moreover, no female officer was present during Sims' strip search, and deputies Smith and Forehand knew that Sims was a minor. (Id. ¶¶ 9-10.)

Based on Defendants' conduct, Sims seeks redress for alleged deprivations of rights secured by the Fourth, Fifth, Eighth and Fourteenth Amendments to the United States Constitution, as enforced by the 42 U.S.C. § 1983.¹ (Id. ¶ 14.) Sims requests compensatory and punitive damages "as the jury may assess, but in excess of $100,000, together with interest and costs," and an award of attorney's fees. (Id. at 2.)

DISCUSSION

The only claims remaining in this lawsuit are Sims' constitutional claims brought under § 1983 against Sheriff Glover, Deputy Smith and Deputy Forehand in their individual capacities. Defendants generally contend that, despite the court's Memorandum Opinion And Order directing Sims to amend her Complaint and plead her claims with specificity, Sims has failed to do so. Defendants' argument is two-fold. First, Defendants assert that, under Rule 12(b)(6) of the Federal Rules of Civil Procedure, Sims' Amended Complaint fails to allege facts supporting claims for alleged deprivations of constitutional rights under § 1983. Second, Defendants contend that, because Sims has not alleged deprivations of clearly established constitutional rights, they are immune from suit under the well-established doctrine of qualified immunity. (Mem. at 3.)

I. § 1983 Standard

Under § 1983, Sims must allege two elements to state a claim and also must overcome Defendants' affirmative defense of qualified immunity. As noted by the Eleventh Circuit in GJR Investments, "[a]t this stage in the proceedings, the qualified immunity inquiry and the Rule 12(b)(6) standard become intertwined." 132 F.3d at 1366; Wooten v. Campbell, 49 F.3d 696, 699 (11th Cir.1995). That is, Defendants can "defeat" Sims' § 1983 claims if the Amended Complaint fails "`to state a claim upon which relief can be granted.'"<sup>2</sup> Id. (citing FED.R.CIV.P. 12(b)(6)). Similarly, "[u]nder the qualified immunity defense, the defendants are immune from liability if [Sims' Amended Complaint] fails to state a violation of a `clearly established ... constitutional right[ ] of which a reasonable person would have known.'" Wooten, 49 F.3d at 699 (citing Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982)). Under the qualified immunity analysis, the Supreme Court has stated that "[a] necessary concomitant to the determination of whether the constitutional right or federal statutory right asserted by a plaintiff is `clearly established' at the time the defendant acted is the determination of whether the plaintiff has asserted a violation of a constitutional right at all." Siegert v. Gilley, 500 U.S. 226, 232, 111 S.Ct. 1789, ...