Kerrie Mick v. Wes Raines, 883 F.3d 1075

Background

Mick was arrested at his mother’s home without a warrant, permission, or probable cause; he alleges he was Tased and physically beaten during the arrest and transport.
At Clinton County Jail Mick alleges jailers denied his prescription medication, used excessive force during booking (beating, choking, head injuries), and refused subsequent medical care; he was moved to a drunk tank and allegedly beaten further, suffering a broken arm.
At Daviess/DeKalb Regional Jail Mick alleges additional force during transfer and booking, shackling that aggravated his injury, placement on a mace-covered floor, and repeated refusals of medical care; prosecutors later dismissed all charges against him.
Mick filed state-court § 1983 claims (excessive force, unreasonable search/seizure, failure to protect, conspiracy, municipal liability via policy/custom/failure to train, and deliberate indifference to medical needs); the case was removed to federal court.
The district court (1) granted motions to dismiss several defendants for lack of factual allegations supporting supervisory/municipal claims, and (2) granted summary judgment for the county/jail defendants, finding no admissible evidence of an unofficial municipal custom or deliberate indifference sufficient to impose municipal liability.
Mick appealed; the Eighth Circuit affirmed the district court in all respects.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Were claims against certain individual defendants (supervisory/municipal-policy claims) sufficiently pleaded?	Mick argued his amended pleadings and second amended complaint adequately alleged supervisors’ knowledge and municipal policy/custom to hold defendants liable.	Defendants argued the complaints were conclusory and lacked factual allegations showing supervisors had notice of subordinate misconduct.	Court: Dismissal affirmed—pleadings were conclusory (Iqbal) and failed to plead supervisor knowledge.
Were defendants sued in their individual capacities or only official capacities?	Mick treated defendants as individual actors in substance.	Defendants noted complaints did not expressly and unambiguously state individual-capacity suits, so they should be treated as official-capacity only.	Court: Treated defendants as sued only in official capacities (Johnson) and thus addressed municipal liability.
Could municipal liability be imposed based on alleged unofficial custom or failure to train/supervise?	Mick relied on affidavits from other detainees to show a widespread, persistent pattern and deliberate indifference by policymaking officials.	Defendants argued written policies and training existed and the affidavits were largely inadmissible hearsay and insufficient to show a widespread custom or notice to policymakers.	Court: Summary judgment affirmed—Mick produced insufficient admissible evidence of a continuing widespread pattern or notice to officials to establish municipal liability.
Were affidavits from other detainees admissible and sufficient to create a genuine dispute of material fact?	Mick asserted detainee affidavits corroborated a pattern of misconduct.	Defendants argued the affidavits largely contained hearsay and could not defeat summary judgment under Rule 56.	Court: Affirmed exclusion of inadmissible hearsay in affidavits and held even if admissible they were insufficient to meet heavy burden to show municipal custom.

Key Cases Cited

Mettler v. Whitledge, 165 F.3d 1197 (8th Cir. 1999) (summary judgment standard and municipal-custom analysis example)
Coons v. Mineta, 410 F.3d 1036 (8th Cir. 2005) (de novo review of motion to dismiss)
Livers v. Schenck, 700 F.3d 340 (8th Cir. 2012) (supervisory liability requires notice of a pattern of unconstitutional acts)
Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (complaints must contain more than threadbare recitals; conclusory allegations insufficient)
Corwin v. City of Independence, MO., 829 F.3d 695 (8th Cir. 2016) (three ways to impose § 1983 municipal liability)
Johnson v. Outboard Marine Corp., 172 F.3d 531 (8th Cir. 1999) (defendant sued individually must be expressly so alleged)
Jenkins v. Winter, 540 F.3d 742 (8th Cir. 2008) (inadmissible hearsay in affidavits cannot defeat summary judgment)
Parrish v. Luckie, 963 F.2d 201 (8th Cir. 1992) (examples of detailed proof required to establish municipal liability)
Rogers v. City of Little Rock, 152 F.3d 790 (8th Cir. 1998) (prior complaints alone may be insufficient to show municipal custom)