587 F. App'x 515
11th Cir.2014Background
- Garner sues Officer Dodson (individual and official capacity) and the City of Ozark for injuries to her autistic son Wynter Stokes during a police encounter.
- Plaintiff asserts multiple Fourth Amendment claims, ADA violation, negligent and intentional tort claims (negligent hiring, negligence, assault, battery) against the defendants.
- Dodson allegedly commanded a police canine to attack Stokes; the district court dismissed some claims and allowed an ADA claim to proceed.
- Defendants sought immunity-based dismissal of state-law assault and battery claims under Ala. Code § 11-47-190 and moved for summary judgment.
- The district court granted Garner discovery under Rule 56(d) and denied the defendants’ summary judgment motion, with leave to refile.
- On appeal, Ozark argues immunity was improperly ignored and the court abused Rule 56(d) by delaying summary judgment consideration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Immunity for state-law claims | Garner argues immunity should not bar claims. | Ozark asserts Alabama immunity bars assault and battery claims. | Remand for district court to address immunity |
| Rule 56(d) discovery and summary judgment | Garner needed discovery to oppose summary judgment. | Discovery should be limited; immunity warrants summary judgment without discovery. | Rule 56(d) abused; reverse denial of summary judgment; remand for merits |
Key Cases Cited
- Rehberg v. Paulk, 611 F.3d 828 (11th Cir. 2010) (de novo review of immunity-based dismissal)
- Carmical v. Bell Helicopter Textron, Inc., 117 F.3d 490 (11th Cir. 1997) (Rule 56(d) abuse of discretion standard)
- Anderson v. Creighton, 483 U.S. 635 (1987) (qualified immunity discovery cautions)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (avoidance of discovery in immunity contexts)
- Ex parte City of Tuskegee, 932 So. 2d 895 (Ala. 2005) (Alabama immunity for municipality's agents in intentional torts)
- Brown v. City of Huntsville, 608 F.3d 724 (11th Cir. 2010) (recognition of Alabama tort immunity by Eleventh Circuit)