5:15-cv-00544
W.D. La.Dec 6, 2017Background
- Glenn Ford was convicted of first-degree murder in Louisiana in 1984 and spent nearly 30 years in prison before the Caddo Parish DA's office moved to vacate his conviction in 2014 and the State later dropped all charges. Andrea Armstrong, as executrix of Ford's estate, substituted as plaintiff after Ford's death.
- Armstrong sued under 42 U.S.C. § 1983, alleging constitutional violations (Brady suppression, fabrication of evidence, malicious prosecution, and conspiracy) and asserting Monell municipal liability against the Caddo Parish District Attorney’s Office via former DA Paul Carmouche and current DA James Stewart (official-capacity defendants).
- The Amended Complaint asserts (in various forms) that prosecutors and law-enforcement actors suppressed and manufactured evidence and that the DA’s office had policies, customs, or demonstrated deliberate indifference (failure to train/supervise/discipline) that caused constitutional violations.
- Defendants moved to dismiss under Fed. R. Civ. P. 12(b)(6). The Court applied the Twombly/Iqbal plausibility standard to Monell theories and reviewed the complaint and referenced materials.
- The Court concluded Armstrong pleaded only conclusory allegations and speculative assertions (including mischaracterized case citations) and failed to plead: (1) an official written policy; (2) direct action by Carmouche as policymaker establishing policy; (3) a pattern of similar constitutional violations showing deliberate indifference; or (4) Monell causation.
- The Court granted the motion and dismissed all Monell claims against Carmouche and Stewart in their official capacities with prejudice; it also dismissed federal malicious prosecution and civil conspiracy claims as to those official-capacity defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Existence of an official written DA policy to suppress evidence (Monell) | Armstrong alleges the DA’s office acted pursuant to policies/practices that suppressed Brady material. | Defendants say no written policy is pleaded; allegations are speculative and conclusory. | Court: No plausible factual allegations of an official written policy; claim dismissed. |
| Policymaker liability / direct policymaker action by Carmouche | Armstrong contends Carmouche (as DA) directed or participated in suppression. | Defendants: Plaintiff fails to plead specific facts showing Carmouche personally suppressed evidence or adopted an unlawful policy. | Court: Allegations speculative; no adequate pleading that Carmouche himself established the unconstitutional policy. Dismissed. |
| Failure to train/supervise/discipline / custom / deliberate indifference (Monell) | Armstrong alleges a pattern/custom and that Carmouche was deliberately indifferent to Brady violations, citing prior cases to show a pattern. | Defendants: No factual pattern of Brady violations in Caddo Parish shown; Connick limits single-incident/sparse-pattern failure-to-train claims. | Court: Plaintiff fails to identify inadequate procedures, deliberate indifference, or a pattern sufficient under Connick/Bryan County; Monell failure-to-train/custom theories dismissed. |
| Federal malicious prosecution / civil conspiracy against DA office (official-capacity) | Armstrong seeks malicious prosecution and conspiracy relief against DA in official capacity. | Defendants: Malicious prosecution not actionable under § 1983 in this Circuit; intracorporate-conspiracy doctrine bars conspiracy among same office. | Court: Malicious prosecution claim not recognized under § 1983 (per Fifth Circuit) and conspiracy claim rejected; dismissed. |
Key Cases Cited
- Kentucky v. Graham, 473 U.S. 159 (establishes official-capacity suits as suits against the entity)
- Monell v. Department of Social Services, 436 U.S. 658 (municipal liability requires policy/custom causing constitutional violation)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (pleading must be plausible)
- Ashcroft v. Iqbal, 556 U.S. 662 (Iqbal/Twombly plausibility applied to § 1983 municipal claims)
- Connick v. Thompson, 563 U.S. 51 (limits single-incident failure-to-train Brady claims; requires pattern to show deliberate indifference)
- Bryan County Commissioners v. Brown, 520 U.S. 397 (deliberate indifference standard and causation for Monell liability)
- City of Canton v. Harris, 489 U.S. 378 (framework for failure-to-train liability)
- Brady v. Maryland, 373 U.S. 83 (prosecutorial duty to disclose exculpatory evidence)
- Leatherman v. Tarrant County, 507 U.S. 163 (pleading standards for municipal liability prior to Iqbal)
- Burge v. Parish of St. Tammany, 187 F.3d 452 (LA district attorney as autonomous local official)
- Piotrowski v. City of Houston, 237 F.3d 567 (need to identify policymaker and official policy for Monell)
- Castellanos v. Fragozo, 352 F.3d 939 (malicious prosecution not actionable under § 1983 in Fifth Circuit)