99 F. Supp. 3d 978
E.D. Mo.2015Background
- Michael Holmes sued former SLMPD officers Bobby Lee Garrett and Shell Sharp and the Board of Police Commissioners under 42 U.S.C. § 1983 after conviction and >5 years imprisonment based on allegedly fabricated evidence (false reports, planted evidence, false testimony) arising from his December 9, 2003 arrest at his grandmother's home.
- Holmes alleges Garrett and Sharp manufactured facts (false surveillance observations, a nonexistent "brown bag" containing crack, false statements about consent to search, and theft of money) and conspired to secure prosecution; Garrett later pleaded guilty in a federal corruption case admitting planting evidence.
- Holmes also sued the Board (municipality) claiming (Count III) an official custom/policy permitting manufactured evidence and (Count IV) failure to train/supervise, alleging pervasive departmental misconduct and insufficient discipline that put the Board on notice.
- The Board moved for summary judgment arguing no evidence of an unconstitutional official policy or a persistent custom, no notice to policymaking officials, and adequate training/supervision; it also challenged admissibility and probative value of IAD (Internal Affairs) face sheets and other evidence offered by Holmes.
- The Court admitted the IAD face sheets as business records for summary-judgment consideration but found they lacked detail and were insufficient, along with other evidence, to show a continuing, widespread pattern of similar unconstitutional misconduct or Board notice.
- The Court granted summary judgment for the Board on municipal liability (both custom/policy and failure to train/supervise), concluding Holmes failed to raise a genuine issue of material fact that the Board caused or was deliberately indifferent to the constitutional violations alleged.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Municipal liability based on an official policy (Monell policy) | SLMPD maintained policies/customs that tacitly allowed officers to lie, plant evidence, steal, and manufacture evidence | SLMPD written policies are facially lawful (e.g., Rule 7.004) and there is no identified official policy sanctioning constitutional violations | Court: No evidence of an unconstitutional official policy; summary judgment for Board |
| Municipal liability based on custom/usage (widespread misconduct + notice) | Long history of complaints, scandals, and IAD records show pervasive misconduct and inadequate discipline creating a custom | IAD face sheets are limited; prior complaints dissimilar to Holmes claims; no evidence Board had notice of similar misconduct | Court: No genuine dispute; insufficient evidence of a continuing, widespread pattern or notice; summary judgment for Board |
| Failure to train (deliberate indifference) | SLMPD training (esp. ethics) was inadequate; absence of discipline shows deliberate indifference | Garrett and Sharp received academy and annual training covering constitutional law, search warrants, informants, and testimony; no patently obvious need for more training; no pattern putting Board on notice | Court: Training not shown constitutionally deficient or obviously inadequate; no pattern establishing notice; summary judgment for Board |
| Failure to supervise (deliberate indifference / tacit authorization) | Board created an "insulating barrier" preventing complaints from reaching it, enabling misconduct; thus failed to supervise | No evidence Board had notice of prior similar misconduct; procedural insularity does not alone establish liability absent prior similar complaints | Court: No evidence Board turned a "blind eye" to similar complaints; summary judgment for Board |
Key Cases Cited
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment standard)
- Anderson v. Liberty Lobby, 477 U.S. 242 (evidence sufficiency at summary judgment)
- Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (nonmoving party must show specific facts)
- Monell v. Dep't of Soc. Servs. of City of New York, 436 U.S. 658 (municipal liability under § 1983)
- City of Canton v. Harris, 489 U.S. 378 (failure to train standard; deliberate indifference)
- Connick v. Thompson, 563 U.S. 51 (limits on failure-to-train claims)
- Szabla v. City of Brooklyn Park, 486 F.3d 385 (facially lawful policy insufficient for Monell liability)
- Mettler v. Whitledge, 165 F.3d 1197 (elements to prove municipal custom)
- Ware v. Jackson Cnty., 150 F.3d 873 (custom/usage standard under Monell)
- Livers v. Schenck, 700 F.3d 340 (expert opinion speculation insufficient to avoid summary judgment)
- Parrish v. Luckie, 963 F.2d 201 (notice requirement for municipal liability)
- Andrews v. Fowler, 98 F.3d 1069 (prior pattern must be persistent and widespread)