Hugh McGinley, Gillian McGinley vs State of Florida Dept of Highway Safety and Motor Vehicles, Mark Ober
438 F. App'x 754
11th Cir.2011Background
- Kevin P. McGinley died Feb 13, 1998 after a UPS truck struck him on I-275 in Tampa, Florida; his parents sued the Florida Highway Patrol and State Attorney Mark Ober under 42 U.S.C. § 1983 on Nov 10, 2008 in Florida state court alleging denial of access to the courts due to grossly negligent investigations.
- The McGinleys claimed FHP’s investigation was grossly negligent, preventing a wrongful-death action; Ober’s investigation allegedly prevented criminal prosecution of responsible parties.
- Defendants removed the case to federal court and moved to dismiss; the district court dismissed as time-barred and denied leave to amend.
- The Florida Highway Patrol is a state agency; §1983 claim against it is not cognizable against a state entity and was properly dismissed.
- Ober’s actions could not injure the McGinleys since only Ober could prosecute; no standing to pursue a §1983 denial-of-access claim for criminal prosecutions.
- The district court’s denial of leave to amend was proper; amended complaint was not submitted and would be futile given the statute of limitations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether FHP can be sued under §1983. | McGinleys asserted a §1983 claim against FHP. | FHP is a state agency, not a ‘person’ under §1983. | Dismissed; FHP not a proper defendant under §1983. |
| Whether McGinleys had standing to sue Ober for denial of access to the courts. | Ober’s alleged failure to prosecute harmed plaintiffs’ access rights. | Prosecutor’s discretion to prosecute is absolute; plaintiffs lack cognizable interest. | No standing; no judicially cognizable injury; claim dismissed. |
| Whether the district court abused its discretion in denying leave to amend. | Plaintiffs sought to amend to address fortuity of statute of limitations. | Leave to amend not properly requested and would be futile. | Affirmed; denial of leave to amend proper; amendment would be futile. |
Key Cases Cited
- Will v. Mich. Dep’t of State Police, 491 U.S. 58 (1981) (state agency not a ‘person’ under §1983)
- Linda R.S. v. Richard D., 410 U.S. 614 (1973) (private citizen lacks prosecutorial interest)
- Chappell v. Rich, 340 F.3d 1279 (11th Cir. 2003) (right of access to courts requires denial by state actors)
- Amnesty Int’l USA v. Battle, 559 F.3d 1170 (11th Cir. 2009) (standing-based access to courts injuries insufficient)
- Rosenberg v. Gould, 554 F.3d 962 (11th Cir. 2009) (leave to amend improperly sought within opposition)