Lillard v. Sweeney
3:17-cv-01101
M.D. Tenn.Sep 5, 2017Background
- Plaintiff Kevin Lillard, a pretrial detainee at the Metro Davidson County Detention Facility, filed a pro se 42 U.S.C. § 1983 complaint alleging Officer Jason Sweeney shot and wounded him while he was running and seeking help.
- Lillard sought leave to proceed in forma pauperis; the Court granted IFP status and assessed the $350 filing fee under the Prison Litigation Reform Act with the required trust-account payment procedures.
- Lillard named Officer Sweeney in his complaint but identified the suit as being against Sweeney in his official capacity only.
- The Court explained that an official-capacity suit is effectively a claim against the municipal employer (Metropolitan Government of Nashville and Davidson County) and requires a Monell showing linking an official policy or custom to the alleged constitutional violation.
- The complaint contained no allegations of a municipal policy or custom that caused the shooting, so the official-capacity claim was dismissed for failure to state a claim; however, the Court construed the pro se complaint liberally to include an individual-capacity excessive-force claim against Sweeney and found that claim non-frivolous.
- The Clerk was directed to send Lillard a service packet for Officer Sweeney; Lillard must return the completed forms within 21 days for service to issue, and the action was referred to the Magistrate Judge for case management and pretrial matters.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| IFP & filing-fee assessment | Lillard lacks funds and requests IFP | No argument recorded opposing IFP | IFP granted; $350 fee assessed under PLRA with trust-account payment plan |
| Official-capacity liability (Monell) | Seeks damages from Officer Sweeney (identified as official-capacity) for being shot | Municipal liability requires showing a policy, custom, or official decision causing the injury | Dismissed as to official capacity: complaint lacks any Monell allegations |
| Individual-capacity excessive-force claim | Lillard alleges Sweeney shot him and attempted to kill him while he posed no apparent threat | (Defendant not yet served; no response) | Liberally construed pro se pleading states a colorable excessive-force claim against Sweeney in his individual capacity and survives frivolity screening |
| Service and case management | N/A — plaintiff must effect service | N/A | Clerk to provide service packet; plaintiff must return within 21 days; case referred to Magistrate Judge for scheduling and pretrial matters |
Key Cases Cited
- Pusey v. City of Youngstown, 11 F.3d 652 (6th Cir. 1993) (official-capacity suits are suits against the entity)
- Kentucky v. Graham, 473 U.S. 159 (1985) (official-capacity suit treated as suit against the governmental entity)
- Hafer v. Melo, 502 U.S. 21 (1991) (distinguishing individual- and official-capacity liability under § 1983)
- Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (1978) (municipal liability requires a policy or custom causing the constitutional violation)
- City of Canton v. Harris, 489 U.S. 378 (1989) (need for a direct causal link between municipal policy and injury)
- Garner v. Memphis Police Dep’t, 8 F.3d 358 (6th Cir. 1993) (plaintiff must identify the policy and causal connection for municipal liability)
- Tennessee v. Garner, 471 U.S. 1 (1985) (use of deadly force to prevent escape of a fleeing suspect who poses no immediate threat is unconstitutional)