831 F.3d 309
5th Cir.2016Background
- Eight female non‑citizen detainees housed at the T. Don Hutto Residential Center (a CCA facility housing ICE detainees) alleged that a male CCA officer, Donald Dunn, sexually assaulted them during solo transports after they posted bond (incidents between Oct. 2009–May 2010); Dunn later pled guilty to state and federal charges.
- The facility is owned and operated by Corrections Corporation of America (CCA) under a subcontract from Williamson County, which in turn had a service agreement with ICE; ICE policies required same‑sex officers for transport.
- Plaintiffs sued the United States (FTCA), Williamson County, CCA, facility administrator Hernandez, Dunn, and others asserting Section 1983, FTCA, and state claims; earlier interlocutory rulings resolved several defendants.
- The district court dismissed all federal claims (Section 1983 claims against CCA/Hernandez for lack of state action; summary judgment for Dunn and Williamson County; FTCA dismissed under the discretionary function exception or for failure to plead deliberate indifference) and then dismissed remaining state claims for lack of jurisdiction; plaintiffs appealed.
- The Fifth Circuit affirmed dismissals of Section 1983 claims against CCA/Hernandez/Dunn (private actors performing federal functions) and affirmed summary judgment for Williamson County (no municipal policy or deliberate indifference). The court affirmed dismissal of FTCA claims (plaintiffs failed to plausibly plead ICE officials’ deliberate indifference) but reversed and remanded the dismissal of remaining state law claims for the district court to reconsider alienage jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CCA/Hernandez/Dunn acted under color of state law for §1983 | CCA’s subcontract with Williamson County made CCA a state actor (nexus to county authority) | CCA performed federal functions under ICE control; subcontract delegation is insufficient to attribute state action | Court: No §1983 state action; dismissal affirmed |
| Whether Williamson County is liable under §1983 (Monell) | County adopted/failed to monitor ICE transport policy and was deliberately indifferent | County monitored via a liaison (Foster), acted promptly when informed, and did not delegate final policymaking | Court: Grant of summary judgment for County affirmed (no policy/custom causing violation; no deliberate indifference) |
| Whether FTCA claims against the U.S. survive (discretionary function; deliberate indifference) | ICE officials had actual knowledge of transport violations and risk of sexual assault, so FTCA suit should proceed | Oversight/monitoring of contractors is a discretionary function; plaintiffs failed to plead that officials were subjectively deliberately indifferent | Court: FTCA claims dismissed—discretionary function applies and plaintiffs failed to plausibly plead deliberate indifference |
| Whether district court properly dismissed remaining state claims for lack of jurisdiction | Plaintiffs alleged alien plaintiffs and diverse corporate defendants — federal diversity (alienage) jurisdiction exists | District court said no federal claims remained and dismissed without prejudice (procedural posture) | Court: Reversed and remanded — district court should revisit alienage jurisdiction in light of plaintiffs’ third amended complaint |
Key Cases Cited
- Bowlby v. City of Aberdeen, 681 F.3d 215 (5th Cir. 2012) (standard of review for Rule 12(b)(6) dismissal)
- Twombly v. Bell Atl. Corp., 550 U.S. 544 (2007) (plausibility pleading standard)
- Cornish v. Corr. Servs. Corp., 402 F.3d 545 (5th Cir. 2005) (private contractor actions not automatically state action)
- Flagg Bros., Inc. v. Brooks, 436 U.S. 149 (1978) (public function test for state action)
- Lugar v. Edmondson Oil Co., 457 U.S. 922 (1982) (state action tests and fair attribution)
- Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (1978) (municipal liability elements)
- United States v. Gaubert, 499 U.S. 315 (1991) (discretionary function exception test)
- Farmer v. Brennan, 511 U.S. 825 (1994) (deliberate indifference subjective standard)
- Cornish-related authority: United States v. Thomas, 240 F.3d 445 (5th Cir. 2001) (private guard at federal detainee facility equated with federal officer)
- Doe v. Robertson, 751 F.3d 383 (5th Cir. 2014) (prior panel’s discussion of knowledge of policy violations and qualified immunity)