Williams v. City of Montgomery, Ala.
| Decision Date | 22 April 1999 |
| Docket Number | Civil Action No. 98-A-361-N. |
| Citation | 48 F.Supp.2d 1317 |
| Parties | Calvin L. WILLIAMS, as Administrator and Personal Representative of the Estate of Annie Joyce Williams, Deceased, Plaintiff, v. CITY OF MONTGOMERY, ALABAMA and Kevin Murphy, individually and in his capacity as an officer of the Montgomery Police Department, Defendants. |
| Court | U.S. District Court — Middle District of Alabama |
Charles H. Volz, III, Volz, Prestwood & Hanan, PC, Montgomery, AL, for Calvin L. Williams.
George B. Azar, Elizabeth C. Wible, Azar & Azar, Montgomery, AL, F. Tim McCollum, City Attorney, Montgomery, AL, for The City of Montgomery, Kevin Murphy.
This cause is before the court on two Motions for Summary Judgment. The first was filed by Defendant Kevin Murphy ("Detective Murphy") on January 25, 1999 (Doc. # 34). A Response, styled "Plaintiff's Statement in Opposition to Motion for Summary Judgment of the Defendant, Kevin Murphy" was filed by Plaintiff Calvin L. Williams ("Williams" or "Plaintiff") on March 18, 1999 (Doc. # 55). Detective Murphy's Reply, styled "Defendant Kevin Murphy's Reply to Plaintiff's Statement, Filings, and Argument Opposing His Motion for Summary Judgment," was filed on April 1, 1999 (Doc. # 62).
The second motion was filed by Defendant City of Montgomery (the "City") on March 4, 1999 (Doc. # 46). Plaintiff Williams filed his Response, styled "Plaintiff's Opposition to Motion for Summary Judgment of the Defendant, City of Montgomery, Alabama," on March 27, 1999 (Doc. # 59). The City filed its Reply, styled The City's Reply to Plaintiff's Opposition to the City's Motion for Summary Judgment, on April 2, 1999 (Doc. # 65).
Williams' Second Amended Complaint alleged six counts against Detective Murphy and the City of Montgomery.1 Detective Murphy moves for summary judgment on the two remaining counts against him: state law claims for negligence and/ or wantonness for failing to protect the plaintiff and breach of statutory duty. Detective Murphy alleges that the claims are due to be dismissed because he is protected by state law discretionary function immunity. The City moves for summary judgment on all remaining counts against it: two state law claims for negligence and breach of statutory duty, and three § 1983 claims for violation of the Fourteenth Amendment for the failure to provide equal protection to women and to victims of domestic violence, and for a training policy which failed to provide adequate training to protect these groups' rights to equal protection.
For the reasons to be discussed, Detective Murphy's Motion is due to be granted, and the City's Motion is due to be granted in part.
The submissions of the parties establish the following facts:
Plaintiff Williams brings this case as Administrator and Personal Representative of the estate of Annie Joyce Williams ("Ms.Williams"). During her lifetime, Ms. Williams had a relationship with and was married to David Lee Long ("Long"). Throughout the relationship and marriage, and following the dissolution of the marriage, Long harassed, threatened and physically abused Ms. Williams.
The Montgomery Police Department ("MPD") had knowledge of Long's pattern of violent behavior toward Ms. Williams and her family. On several occasions, Ms. Williams and members of her family filed charges against Long with the MPD. The MPD also responded to several 911 calls from Ms. Williams' residence requesting assistance because of threatened and actual domestic violence by Long against Ms. Williams.
For example, on March 28, 1994, Ms. Williams complained to the MPD that Long slapped her around, choked her, bruised her, threatened her life, and forced her to have sex with him. See Pl.'s 2d Resp.,2 Ex. 2-G, 3/28/94 Complaint. Williams alleges that this evidence was sufficient to require the issuance of a warrant and/ or an investigation of Long for the offense of Rape in the First Degree. See Pl.'s 2d Resp., Ex. 15, Johnson Dep. at 115-17. Williams alleges, however, that a MPD detective informed Ms. Williams at that time that she could only obtain a misdemeanor charge of Assault in the Third Degree because of her relationship with Long. See Pl.'s 2d Resp., Ex. 7., Rosie M. Williams Aff. at 1-2. Williams alleges that the treatment of this complaint provides a typical example of the MPD's dismissive treatment of Ms. Williams' complaints.
When Ms. Williams met with Detective Ward, who is now deceased, regarding the March 28, 1994 incident, Detective Ward referred her back to Patrick Rankins, a Municipal Court Magistrate, to file an assault claim against Long. See City's Br., Att. 6, Rankins Aff. ¶ 7. John Wilson, Chief of the MPD, states that, based on MPD policies in effect at the time and on the training that Detective Ward received, Detective Ward would not have referred Ms. Williams back to the Magistrate to file a charge of assault in the third degree unless Ms. Williams had stated that she did not want to pursue a rape charge. See City's Br., Att. 2, Wilson Aff. ¶ 9. On May 26, 1994, in accordance with the City's standard procedures, the Municipal Judge dismissed the March 1994 misdemeanor assault charge against Long because Ms. Williams twice failed to appear as a witness. See City's Br., Att. 3 ¶ 4 and Ex. A.
On or about September 16, 1995, Anthony Williams, Ms. Williams' brother, filed a formal complaint with the MPD charging that Long had fired a pistol at Ms. Williams and him. On the basis of Anthony Williams' affidavit, a warrant for Long's arrest was issued on a charge of reckless endangerment. On or about October 10, 1995, Ms. Williams filed a formal complaint against Long with the MPD charging that Long struck Ms. Williams with a pistol, caused physical injury to her and to a minor child, and made repeated threats to kill her. Based on this complaint, a misdemeanor warrant for Long's arrest was issued on a charge of assault in the third degree. Another individual who was threatened by Long with a pistol during the course of Long's assault on Ms. Williams also complained to the MPD, and an additional criminal charge of menacing was brought against Long.
On December 12, 1995, following a trial in the Municipal Court of Montgomery County, Long was convicted of three misdemeanor charges. Long was fined and sentenced to a period of incarceration; however, Long appealed the convictions and was released on bond pending a hearing on his appeal. Long was released from jail without notice to Ms. Williams or her family. Plaintiff also alleges that the bond amount was insufficient to provide protection for Ms. Williams and the public, that the City failed to take reasonably necessary steps to prevent Long from possessing a firearm, and that the City failed to provide for the revocation of bond in the event of Long's possession of a firearm during his period of release.
In conjunction with some of the events for which formal charges were filed, the MPD responded to several 911 calls from Ms. Williams' residence. Between September 16, 1995 and October 15, 1995, six 911 emergency calls were placed from Ms. Williams' residence. See Pl.'s 2d Resp., Ex. 10, 1. One of the calls reported a break-in, another reported a burglary, three involved threatened violence involving Long,3 and one call reported an actual assault on Ms. Williams by her husband. See id.
MPD officers were dispatched to Ms. Williams' residence at those times in accordance with the priority given each call by the 911 operator and MPD procedures. The MPD alleges that its officers are trained to respond as quickly or more quickly to domestic violence disturbance calls than to general disturbance calls. See City's Br., Att. 2, Wilson Aff. ¶ 6. The City alleges that the MPD officers who responded to the threatened domestic violence calls neither saw Ms. Williams and Long together nor witnessed Long commit any crimes against Ms. Williams. See City's Br., Att. 7, Steelman Aff. ¶¶ 4-5. In accordance with City policy and training, because the officers did not witness the alleged misdemeanor crimes and the accused was not present, the officers advised Ms. Williams and other witnesses to speak with a Warrant Clerk and complete an affidavit/ complaint. See City's Br., Att. 2, Wilson Aff. ¶ 7. When MPD officers responded to the 911 calls which involved domestic violence, in accordance with MPD policies, they did not complete written reports describing the alleged incidents of domestic violence pursuant to the requirements of Ala.Code § 15-10-3(c).
After the October 10, 1995 assault, Ms. Williams sought protection at a shelter for battered women. A week later, she filed for a divorce, and on October 18, 1995, a Temporary Restraining Order was issued by the Circuit Court of Montgomery County, enjoining Long from "harming, molesting abusing, threatening, communicating or annoying [Ms. Williams] in any manner, directly or indirectly." Despite this order, Long made threats to kill Ms. Williams during his release. On February 5, 1996, the Restraining Order was made permanent as part of a Final Decree of Divorce. According to her mother, Ms. Williams carried a copy of the restraining order with her, folded in a Bible in her purse, at all times. See Pl.'s 1st Resp., Ex. 7, Rosie M. Williams Aff. at 2.
Thereafter, Long continued and intensified his pattern of harassing, stalking and threatening Ms. Williams, and on February 12, 1996, she went to the MPD to seek protection from Long. She initially met with Ola Belle Johnson, a City Magistrate/Warrant Clerk ("Ms.Johnson"). Ms. Johnson observed that during their meeting Ms. Williams was shaking, crying, nervous and upset, and that it took a few minutes for Ms. Williams to compose herself before filling out the misdemeanor warrant. See Pl.'s 1st Resp.Ex. 5, Johnson Dep., at 47.
Ms. Williams' affidavit explains that Long sat next to her at church on...
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