Antonya Herring v. Vicki Montgomery
678 F. App'x 162
| 4th Cir. | 2017Background
- Plaintiff Antonya O. Herring sued under 42 U.S.C. § 1983 alleging employment discrimination and sought to hold her supervisor, Vicki Montgomery, liable for actions taken by Montgomery’s subordinates.
- The district court granted summary judgment for Montgomery; Herring appealed.
- Montgomery did not personally make the challenged employment decisions; Montgomery’s subordinates did, and some personnel actions deviated from written policies.
- Herring pointed to inconsistencies and instances where Montgomery approved decisions or the hospital’s personnel policies were not strictly followed.
- The Fourth Circuit considered whether Montgomery could be held liable as a supervisor for deliberate indifference to a pervasive risk of constitutional injury caused by subordinates.
- The court reviewed cross-motions for summary judgment de novo and viewed evidence in the light most favorable to the nonmoving party but required more than speculation or mere inconsistencies to create a genuine issue of material fact.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a supervisor can be liable under § 1983 for subordinates’ discriminatory employment actions | Herring argued Montgomery knew of and condoned subordinates’ discriminatory conduct or was deliberately indifferent to it | Montgomery argued she did not take the challenged actions, reasonably delegated assignments, and lacked knowledge or intent to condone discrimination | Court held Herring failed to show genuine dispute that Montgomery was deliberately indifferent or personally liable; summary judgment affirmed |
Key Cases Cited
- Jacobs v. N.C. Admin. Office of the Courts, 780 F.3d 562 (4th Cir. 2015) (standard of review for summary judgment and evidence viewing rules)
- Dash v. Mayweather, 731 F.3d 303 (4th Cir. 2013) (nonmoving party must present more than speculation or conclusory allegations)
- Defenders of Wildlife v. N.C. Dep’t of Transp., 762 F.3d 374 (4th Cir. 2014) (when cross-motions for summary judgment are filed, each is considered separately)
- Wilkins v. Montgomery, 751 F.3d 214 (4th Cir. 2014) (elements for supervisor liability under § 1983: knowledge of pervasive risk, deliberate indifference, and causal link)