Volp v. Sasser
| Decision Date | 30 November 2020 |
| Docket Number | Case No. 3:18-cv-689-J-32JRK |
| Parties | CARLY A. VOLP, as Personal Representative of the Estate of KYLE ROBERT VOLP, Plaintiff, v. ANDREW WILLIAM SASSER, as an individual, and NASSAU COUNTY SHERIFF'S OFFICE, Bill Leeper, in his official capacity as Sheriff Defendants. |
| Court | U.S. District Court — Middle District of Florida |
A correctional deputy used force on a pretrial detainee which resulted in the deputy being terminated and charged with misdemeanor battery. This is a civil rights actions arising out of this incident. The case comes before the Court upon Nassau County Sheriff's Office's ("NCSO") Motion for Summary Judgment (Doc. 57) on Counts II, IV, V, and VI of the Amended Complaint (Doc. 11) filed by Carly Volp, as a representative of the estate of Kyle Volp. At issue is: whether NCSO failed to adequately train its officers in violation of Section 1983 of the Civil Rights Act, 42 U.S.C. § 1983 (Count II); whether NCSO may be held liable for its employee Deputy Andrew Sasser's alleged battery against Volp (Count IV); and whether NCSO negligently hired and retained Deputy Sasser (Counts V and VI). (Doc. 11). NCSO's Motion for Summary Judgment, to which Volp filed a response (Doc. 59), asserts that, as a matter of law, NCSO did not knowingly disregard a need for additional use of force training, that Deputy Sasser did not present a danger to inmates at the time of his hiring, and that Deputy Sasser was not unfit to be retained. (Doc. 57). NCSO also argues that it is entitled to sovereign immunity on the battery claim. Id. Deputy Sasser has not moved for summary judgment on the claims against him.
In July 2015, at the time of the subject incident, prospective NCSO officers were required to earn a certification from the Florida Correctional Basic Recruit Training Program (the "Academy") to gain employment as sworn NCSO correctional officers. (Docs. 57 at 4 n.46; 57-7 at 2). To earn a certificate, recruits were required to complete 420 hours of training. (Doc. 57-7 at 2). The Academy's training and courses covered officer safety, supervision of special populations, responses to incidents and emergencies, defensive tactics, and more. Id.
Under NCSO Directive 3522, newly hired officers were required to complete the NCSO Field Training Program to gain permanent appointment at NCSO. (Doc. 57-11 at 1-2). The purpose of the program was to give new hireson the job training and provide NCSO a chance to observe new employees' capabilities firsthand. Id. NCSO Directive 3522 and Operating Procedure 105 also stipulated that new correctional officers were required to attend orientations that would familiarize them with use of force regulations and the rights of inmates. (Docs. 57-12 at 6-7; 57-11 at 2).
In addition to the Field Training Program, NCSO offered various trainings for its correctional officers. During Deputy Sasser's tenure at NCSO, NCSO offered trainings on the use of tasers, cell searches, pepper spray usage, legal updates, use of force, self-defense, supervising inmates with mental disorders, and more. (Docs. 57-7 at 2-3; 60-1 at 39; 57-12 at 7; 57-8; 57-10). NCSO also had policies that provided guidance on the use of force. (Doc. 57-12 at 240-41). For example, NCSO Directive 4030.20 states:
With regard to the use of restraint chairs, NCSO Directive 106 provides that restraint chairs may be used to maintain control of inmates, minimize the possibility of situations escalating, and provide safety for staff. Id. at 49-50, 52. The directive did not permit restraints to be used as punishment for disciplinary reasons, however. Id. at 50-53.
Finally, under NCSO Directive 4030.40, officers were required to submit an offense/incident report any time they used physical force or weapons in response to inmate resistance. Id. at 258. Superior officers were obligated to review reports to determine if the use of force was appropriate in each case. (Docs. 57 at 8; 57-12 at 260-63). Based on analyses of the reports, the Nassau County Sheriff Bill Leeper was briefed annually on use of force trends and patterns. (Doc. 57-12 at 266).
From September 2004 to February 2005, Deputy Sasser attended the Jacksonville Police Academy, graduating with a vocational certification at the end of his training there. (Docs. 59-11 at 113-14; 57-6). Deputy Sasser's time at the police academy overlapped with his employment at the Jacksonville Sheriff's Office ("JSO"), where he worked as a community service officer from December 2004 until July 2005. (Doc. 59-11 at 115-16). JSO forced Deputy Sasser to leave his position because he was charged with a misdemeanor DUI to which he pled no contest. Id.; (Doc. 57-3 at 117).
NCSO first employed Deputy Sasser as a full-time detention deputy from March 14, 2011 to September 14, 2011. (Doc. 59-11 at 2, 21). This position was temporary as Deputy Sasser had not entered the Academy's training program. (Doc. 57 at 4 n.46). NCSO conducted a background check before hiring him. (Doc. 59-11 at 150).
From August 27, 2012 to December 6, 2012, Deputy Sasser attended the Academy.1 In December of the same year, Deputy Sasser passed the Florida state corrections exams, and NCSO rehired him as a correctional officer. Id. at 122, 125; (Doc. 57-7 at 2). During the application process, NCSO again conducted a background check on Deputy Sasser. (Doc. 59-11 at 125).
Upon hire, Deputy Sasser entered the NCSO Field Training Officer Program, which he completed without any noted deficiencies on April 26, 2013. Id. at 98. In August 2013, although not required, Deputy Sasser entered a 520-hour crossover program to become dually qualified as a correctional officer and a law enforcement officer. (Docs. 57-3 at 8-9, 13; 57-6). He completed the program in December 2013. (Doc. 57-6).
During his tenure at NCSO, Deputy Sasser was reprimanded at least seven times, and NCSO internal affairs investigated two instances of Deputy Sasser's misconduct. (Doc. 57 at 9-11). On June 15, 2011, Deputy Sasser toldan inmate to "Shut the f**k up," and a sergeant counseled him not to do this again. Id. at 11; (Doc. 57-22). On June 2015, Sheriff Leeper suspended Deputy Sasser without pay because he disobeyed direct orders to not bring electronic devices into the Nassau County Jail's ("NCJ") central control room. (Docs. 59-11 at 12; 57 at 10-12). NCSO also issued Deputy Sasser a written reprimand because he repeatedly disrespected one of his fellow detention facility employees. Id. At the same time, performance reviews show that NCSO generally considered Deputy Sasser's performance satisfactory. (Doc. 59-11 at 94, 102-07).
Deputy Sasser's battery of Volp on July 1, 2015 led to his termination. (Doc. 57-3 at 109-10). NCSO terminated Deputy Sasser on July 10, 2015 for conduct unbecoming of a law enforcement officer. (Doc. 59-11 at 3).
NCJ booked Volp on June 17, 2015 for violating the terms of his probation. (Doc. 60-1 at 22). During the intake process, Volp self-reported a number of mental health and medical issues, including that he was having knee and back pain. (Docs. 60-1 at 22; 59-6 at 15). He also reported that he had a contagious illness, which led jail staff to house him in a small, isolated cell. (Docs. 60-1 at 22; 59-6 at 15-17).
On July 1, 2015, Deputy Sasser was escorting a female inmate past Volp's cell when he noticed Volp making a disturbance. (Docs. 60-1 at 79; 59-6 at 17).After completing the escort, Deputy Sasser returned to Volp's cell. (Doc. 59-6 at 17). Volp was lying peacefully in bed at this time, but Deputy Sasser felt it necessary to enter the cell to address the earlier disturbance. Id. Deputy Sasser believed that Volp had been trying to interact with the female inmate, and NCJ prohibits interactions between inmates of the opposite sex. (Doc. 59-6 at 17).
Deputy Sasser entered the cell pointing his finger at Volp, and Volp stood up. (Docs. 60-1 at 82; 59-6 at 17-18). A verbal exchange ensued, and Deputy Sasser commanded Volp to sit down, threatening that he'd use physical force if Volp disobeyed. (Docs. 60-1 at 82, 102; 59-6 at 17). Volp remained standing and pointed at Deputy Sasser's chest. (Doc. 57 at 2). In response, Deputy Sasser pushed Volp down towards his bed causing his body to slam into the cell's cinderblock wall. (Docs. 60-1 at 23, 102; 59-6 at 18). Deputy Sasser walked up to Volp, and as he spoke to Volp, he pointed his finger in Volp's face. (Doc. 59-6 at 18). Volp attempted to raise his hand, and Deputy Sasser slapped it away. Id.; (Doc. 57 at 3). By this time, a NCSO sergeant had noticed the altercation, and positioned himself at the entrance of Volp's cell. (Doc. 57 at 3).
Subsequently, Volp stood up, and Deputy Sasser responded by pushing Volp, causing Volp's head and back to slam into the cell wall. (Docs. 11 at 4; 59-6 at 19). Then, Deputy Sasser struggled to take Volp to the floor and restrain him. (Doc. 11 at 4). This prompted the sergeant who had been observing from the door and another NCSO officer to come to Deputy Sasser's assistance. (Docs.57 at 3-4; 60-1 at 23). In the process of restraining Volp, Deputy Sasser kneed Volp in the back and struck Volp's right arm. (Docs. 57 at 4; 60-1 at 24, 82). After...
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