Larry D. Butler v. Sheriff of Palm Beach County
2012 U.S. App. LEXIS 13844
| 11th Cir. | 2012Background
- Butler sued Collier (and Sheriff Bradshaw) in federal court alleging §1983 violations and related state-law claims arising from Collier catching Butler naked in her daughter's closet and threatening him at gunpoint.
- Collier, a corrections officer, detained Butler at gunpoint, handcuffed him, and issued threats while her husband also assaulted Butler after arriving at the scene.
- Collier consulted her Eagle Academy supervisor about charging Butler with trespassing and engaging in sexual relations, but no charges were filed by Collier.
- Butler amended his complaint to keep §1983 claims and dropped some state-law claims; the district court dismissed for failure to state a claim, finding Collier acted privately, not under color of state law.
- The district court also declined to exercise supplemental jurisdiction over state-law claims and remanded them to state court; the dismissal was with prejudice as to §1983 claims.
- On appeal, the Eleventh Circuit affirmed, holding Collier did not act under color of state law and thus §1983 claims failed as a matter of law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Collier act under color of state law? | Butler: Collier used state authority; involved firearms, handcuffs, and official badge. | Collier: acted as private individual; no use of official state power to detain or threaten. | Not under color of state law; private act. |
| Are Butler's §1983 claims sufficiently pleaded to survive dismissal? | Amended complaint shows misuse of power and authority. | Allegations do not show state-action; dismissal appropriate. | Claims dismissed; no plausible under-color-of-law basis. |
| Should the district court have retained or remanded state-law claims? | State-law claims should remain in federal court as ancillary claims. | Without a §1983 claim, no basis for federal jurisdiction over state-law claims. | Remand appropriate; district court proper to dismiss federal claims and remand state claims. |
Key Cases Cited
- Almand v. DeKalb Cnty., Ga., 103 F.3d 1510 (11th Cir. 1997) (private acts of a police officer not under color of state law; abuse of power not linked to state authority)
- United States v. Tarpley, 945 F.2d 806 (5th Cir. 1991) (police-department involvement and official authority used to carry out assault can show state action)
- Screws v. United States, 325 U.S. 91 (1945) (acts of officers acting under color of state law even if overstepping authority)
- Griffin v. City of Opa-Locka, 261 F.3d 1295 (11th Cir. 2001) (misuse of power possessed by virtue of state law; pretense of law in acting)
- Dunwoody Homeowners Ass’n, Inc. v. DeKalb Cnty., Ga., 887 F.2d 1460 (11th Cir. 1989) (activity under color of law depends on state-authority use; private acts not automatically color of law)