Jeffrey Emil Groover v. Broward County Sheriff
684 F. App'x 782
| 11th Cir. | 2017Background
- Jeffrey Groover, a federal inmate, was transported from North Carolina to Broward County, Florida in August by private contractor U.S. Corrections at the direction of Broward County Sheriff Scott Israel.
- He was confined in a small steel cage in the back of a transport van (34" x 42" x 6') with a single small vent for 52 hours, restrained by cuffs and shackles, with infrequent stops and limited food/water.
- During the trip Groover suffered heat-related symptoms (heat stroke, delusions, vomiting) and alleged inadequate ventilation and excessive heat as constitutional deprivations.
- Groover sued U.S. Corrections and Sheriff Israel under 42 U.S.C. § 1983 seeking declaratory relief, an injunction, and damages; the magistrate judge recommended dismissal and the district court adopted the report and dismissed with prejudice, denying leave to amend as futile.
- The Eleventh Circuit held Groover adequately alleged a constitutional violation based on extreme heat and lack of ventilation but that his complaint lacked sufficient facts to show municipal-style liability for U.S. Corrections or a causal/supervisory connection for Sheriff Israel; the Court vacated and remanded to allow amendment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether conditions of transport (extreme heat, inadequate ventilation) violated Groover's constitutional rights | Groover: exposure to extreme heat in the cramped, poorly ventilated cage for 52 hours caused heat stroke and other harms and thus violated the Eighth/Fourteenth Amendments | Defendants: magistrate/district court initially treated claims as nonactionable because he had some food/water and restroom access; implicit that conditions did not rise to constitutional level | Held: Allegations of extreme heat, duration, and resulting illness plausibly state a constitutional conditions-of-confinement claim |
| Whether U.S. Corrections (private contractor) is liable under § 1983 | Groover: contractor performed state function by transporting him and thus is liable for constitutional violations | U.S. Corrections: private actor not a state actor; no municipal-type policy/custom alleged | Held: Complaint failed to allege a policy/custom or persistent practice showing deliberate indifference; isolated incident insufficient |
| Whether Sheriff Israel is liable under § 1983 for supervisory/causal liability | Groover: Israel hired U.S. Corrections and thereby condoned the transport conditions | Israel: no personal participation alleged and no facts showing he was aware of or causally connected to the specific unconstitutional conduct | Held: Complaint lacked facts showing personal participation or causal connection; supervisory liability not established |
| Whether amendment should have been permitted after dismissal | Groover: pro se status and early stage warrant at least one chance to amend to plead facts establishing contractor/official liability | Defendants: district court concluded amendment would be futile and dismissed with prejudice | Held: Denial of leave to amend was error; remanded to permit Groover to amend because futility was not established at this stage |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (standards for facial plausibility in pleading)
- Wyatt v. Cole, 504 U.S. 158 (§ 1983 covers persons acting under color of state law)
- Rhodes v. Chapman, 452 U.S. 337 (constitutional limits on conditions of confinement)
- Helling v. McKinney, 509 U.S. 25 (exposure to environmental conditions may violate contemporary standards of decency)
- Chandler v. Crosby, 379 F.3d 1278 (Eleventh Circuit factors for extreme heat/ventilation claims)
- Gates v. Cook, 376 F.3d 323 (conditions-of-confinement and heat exposure analysis)
- Buckner v. Toro, 116 F.3d 450 (private contractor can be municipal equivalent when performing traditional state functions)
- McDowell v. Brown, 392 F.3d 1283 (municipal liability requires policy or custom causing the deprivation)
- Brown v. City of Fort Lauderdale, 923 F.2d 1474 (plaintiff must allege facts showing municipality caused constitutional violation)
- Cotton v. Jenne, 326 F.3d 1352 (supervisory liability requires personal participation or causal connection)
- Corsello v. Lincare, Inc., 428 F.3d 1008 (leave to amend ordinarily required unless amendment would be futile)
- SFM Holdings, Ltd. v. Banc of Am. Sec., LLC, 600 F.3d 1334 (de novo review of futility as legal conclusion)
- Dean v. Barber, 951 F.2d 1210 (permitting John Doe defendants when identities can be discovered in discovery)