Smith v. Cochran

• Decision Date: 09 May 2001
• Docket Number: No. 00-CV-35C.,00-CV-35C.
• Citation: 216 F.Supp.2d 1286
• Parties: Pamela SMITH, an individual, Plaintiff, v. Don COCHRAN, an individual, Defendant.
• Court: U.S. District Court — Northern District of Oklahoma

Page 1286

216 F.Supp.2d 1286

Pamela SMITH, an individual, Plaintiff, v. Don COCHRAN, an individual, Defendant.

No. 00-CV-35C.

United States District Court, N.D. Oklahoma.

May 9, 2001.

N. Kay Bridger-Riley, Eric Anthony Mareshie, Charles McSoud, Bridger-Riley Stallard & Assoc., PC, Tulsa, OK, for Plaintiff.

Charles K. Babb, Office of Attorney General, Oklahoma City, OK, for Dept. of Public Safety, Ed Spencer.

Lisa Tipping Davis, Office of Attorney General, Oklahoma City, OK, for Don Cochran.

AMENDED ORDER

H. DALE COOK, Senior District Judge.

Before the Court is the motion for summary judgment filed by the defendant and counter-motion for partial summary judgment filed by plaintiff pursuant to Fed. R.Civ.P. 56. Both parties contend that there exists no genuine issue of material facts and that they are both entitled to summary judgment as a matter of law.

On January 13, 2000, plaintiff Pamela Smith ("Smith") filed the present action in United States District Court in the Northern District of Oklahoma against State of Oklahoma, ex. rel, Department of Public Safety, Don Cochran, in both his individual and official capacity, and Ed Spencer, in both his individual and official capacity.¹ The suit was filed under federal question jurisdiction, pursuant to 28 U.S.C. § 1331, and pendent jurisdiction for a state claim. The requested relief arises under 42 U.S.C. § 1983, and the supplemental jurisdiction of this Court.

On March 15, 2001, Cochran filed his motion for summary judgment. Smith filed her response on April 5th and filed a counter-motion for partial summary judgment contemporaneously on that date.² Eleven days later, Cochran filed a reply to his motion for summary judgment and a response to Smith's counter-motion for summary judgment.³ All materials regarding defendant's motion for summary judgment have now been submitted, and the matter is ripe for ruling.

Undisputed Statement of Facts

1. Smith was an inmate in the custody of the Oklahoma Department of Corrections ("DOC") from August 1996 until September 2000.

2. From September 1997 to August 1998, Smith was housed at the Tulsa Community Correction Center ("TCCC").

3. DOC entered into a Prisoner Works Project Contract ("PWP") wherein trustees / inmates at the TCCC would be provided to the Oklahoma Department of Public Safety ("DPS") to perform janitorial services at the two drivers license examination centers in the Tulsa Area.

4. The PWP was initiated in 1993, and renewed each year thereafter.

5. The PWP provided that DOC has the ultimate responsibility for the security of prisoners and prisoners are deemed to be on trustee status and under the custody and control of the DOC.

6. While Smith was housed at TCCC, Smith was a trustee/inmate allowed to leave TCCC during the day and perform certain assignments. Smith was assigned to an "outside" job at Wells Fargo picking up trash during September and October of 1997. Due to medical problems DOC reassigned Smith as a trustee at DPS. From November 1997 to August 1998, she performed janitorial duties for DPS.

7. As a janitor/trustee, Smith performed janitorial duties at the DPS facilities located in Jenks and Northside Tulsa, although she performed the majority of her duties at the Northside facility.

8. Ed Spencer, a Senior Drivers' License Examiner for DPS and supervisor over both facilities, transported Smith from TCCC to the DPS facility each day where he wanted her to perform janitorial duties. Normal work time for the janitors / trustees was Monday through Friday, between the hours of 8:00-8:30 a.m. until 4:00-5:00 p.m.

9. Cochran was an employee of DPS as driver's license examiner from December 1987 until February 1999 when he voluntarily resigned.

10. From November 1997 until June of 1998, Cochran was primarily located at the Northside Tulsa facility.

11. Among the rules provided to DPS, were that inmate/trustees were to have no alcohol, no drugs, no sex, no use of the telephone without permission, no visitors, and no leaving the DPS facility, other than to return to the TCCC.

12. Cochran allowed Smith preferential treatment to include telephone privileges, visitors, shopping, and family visits. Cochran transported Smith to homes of friends and family and to go shopping.

13. Previously, a driver's license applicant made a complaint against Cochran for his personal comments.

14. From approximately June until August, Smith alleges that Cochran commented to her regarding the size of her breasts. Smith also alleges that shortly thereafter Cochran told Smith she needed to do something to prove he could trust her.

15. Although Cochran denies ever having a sexual relationship whatsoever with Smith, she alleges that within the first two weeks she was a trustee at the Northside facility, that she engaged in sexual intercourse with Cochran.

16. Smith alleges that at least once a month, from November of 1997 until May of 1998, Smith engaged in sexual intercourse and fellatio with Cochran.

17. Smith alleges that if she refused to perform sex with Cochran or reported his conduct, she would have lost her special privileges and would have been removed from PWP.

18. Smith alleges that Cochran gave Smith a condom for the subsequent intention of having sex in January of 1998 and three months later raped Smith with a salt shaker.

19. Smith alleges that on two occasions prior to these events, Cochran forced other female inmate/trustees to show him their naked bodies.

20. During his time as an employee at DPS, Cochran knew that it was a crime to have sex with an inmate.

21. In August of 1998, Smith was transferred to Eddie Warrior Correctional Center (EWCC) in Taft, Oklahoma and was housed there until September 2000.

22. Since her release from EWCC, Smith sought both medical and psychological counseling.

Allegations of the Parties

Smith contends that while working for DPS as an inmate, she was exposed to comments of a sexual nature, and sexually assaulted and battered on numerous occasions by Cochran. She maintains that Cochran used his position of authority, as a DPS employee, to engage in sexual intercourse and fellatio with Smith. Smith further alleges that she reported to DPS supervisor, Ed Spencer, that Cochran had been making salacious remarks to Smith and in one instance, had given Smith a condom for later use. Cochran denies any wrongdoing and specifically denies ever having any sexual relationship with Smith.

Smith asserts that Cochran violated her right to liberty and due process of law under the Fourth, Fifth, Eighth, and Fourteenth Amendments to the United States Constitution, giving rise to a 42 U.S.C. § 1983 ("§ 1983") claim.

Standard of Review

In considering a motion for summary judgment, the Court "has no real discretion in determining whether to grant summary judgment." U.S. v. Gammache, 713 F.2d 588, 594 (10th Cir.1983). The Court must view the pleadings and documentary evidence in the light most favorable to the nonmovant, Cone v. Longmont United Hosp. Ass'n, 14 F.3d 526, 527-28 (10th Cir.1994), and summary judgment is only appropriate "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c). "A dispute is genuine only if the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Akin v. Ashland Chemical Co., 156 F.3d 1030, 1034 (10th Cir.1998). Further, "`the moving party carries the burden of showing beyond a reasonable doubt that it is entitled to summary judgment.'" Hicks v. City of Watonga, 942 F.2d 737, 743 (10th Cir.1991) (quoting Ewing v. Amoco Oil Co., 823 F.2d 1432, 1437 (10th Cir.1987)). Once the moving party meets its burden, the burden shifts to the nonmoving party to demonstrate a genuine issue for trial on a material matter. Bacchus Indus., Inc. v. Arvin Indus., Inc., 939 F.2d 887, 891 (10th Cir. 1991). The "party opposing a properly supported motion for summary judgment may not rest upon the mere allegations or denials of his pleading, but ... must set forth specific facts showing that there is a genuine issue for trial." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (citations omitted).

42 U.S.C. § 1983

As an initial matter, the Court turns to Cochran's contention that Smith's claims are "vague and conclusory without providing substance of the right." See Cochran's Motion for Summary Judgment, 7. Cochran argues that Smith's failure to plead with particularity in regard to the constitutional deprivation, that serves as the underlying basis for the § 1983 claim, should justify a summary judgment in his favor. The Court views Cochran's argument as a reference to the "heightened pleading" requirement traditionally used in § 1983 claims with qualified immunity affirmative defenses.⁴ However, the Tenth Circuit has since abolished the use of this requirement as a result of the Supreme Court's decision in Crawford-El v. Britton, 523 U.S. 574, 118 S.Ct. 1584, 140 L.Ed.2d 759 (1998). See Currier v. Doran, et. al., 242 F.3d 905 (10th Cir.2001). The Federal Rules of Civil Procedure require "a short and plain statement of the claim showing that the pleader is entitled to relief." Fed. R.Civ.P. 8(a)(2). Having complied with this requirement, Smith provided Cochran with the required fair notice of what her claim was and the ground on which it rested. See id. Thus, the court finds Smith's pleadings sufficient in accordance with the Federal Rules.

Smith's complaint asserts a federal claim for violation of 42 U.S.C. § 1983, and two pendent state causes of action, specifically a sexual battery claim, and intentional infliction of emotional distress claim. The purpose of § 1983 is to deter state actors from using their positional authority to deprive individuals of their...