Marie Hicks-Fields v. Christopher Pool
2017 U.S. App. LEXIS 11339
| 5th Cir. | 2017Background
- Norman F. Hicks, a detainee with a history of schizophrenia, was placed temporarily in an attorney visitation booth after an altercation; officers observed he had soiled himself and moved him to a new booth.
- Officer Pool and Hicks exchanged blows after a shirt soiled with feces was thrown back; Pool struck Hicks, who fell and hit his head on a concrete ledge, then was left unattended for about 15 minutes.
- Hicks was found without pulse or respiration, revived, placed in a coma, and died six days later; autopsy listed blunt head trauma contributing to cardiac arrest and homicide as the manner of death.
- Plaintiffs (Hicks’s heirs) sued Harris County and individual officers under § 1983 and state tort/wrongful-death theories; claims against Pool were later dismissed by Plaintiffs.
- The district court granted summary judgment for Harris County, concluding Plaintiffs failed to show a municipality-wide custom or failure-to-train that caused a constitutional violation; Plaintiffs’ motions to amend were denied as untimely.
- On appeal, the Fifth Circuit affirmed: it found Plaintiffs’ evidence (including a DOJ report and isolated personnel history) insufficient to create a genuine dispute of a persistent, widespread custom or deliberate indifference in training.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Municipal liability (Monell) — custom/practice theory | Hicks argues County had a persistent widespread custom of unconstitutional conduct (excessive force, inadequate mental-health/medical response), shown by DOJ report, officer history, and Hicks incident | County argues no official policy/custom shown; evidence (DOJ report & isolated incidents) insufficient and some evidence irrelevant or inadmissible | Affirmed: Plaintiffs failed to show sufficiently similar prior incidents or widespread practice to impute municipal liability under Monell |
| Failure-to-train (Monell) | County failed to train officers on use-of-force and medical/emergency response after assaults, causing Hicks’s death | County contends training criticisms in DOJ report concern different contexts (cell extraction, fire safety); no competent evidence training was inadequate or caused violation | Affirmed: Plaintiffs did not show training was inadequate or that deliberate indifference caused the constitutional injury |
| Admissibility and weight of DOJ investigative report | Plaintiffs rely on DOJ report to show notice and pattern of unconstitutional conduct/systemic failures | County argues the report is hearsay, prepared in anticipation of litigation, and irrelevant to the specific violations here | Court exercised discretion to admit limited use (notice); even if admitted, report plus other evidence insufficient to create Monell dispute |
| Denial of leave to amend pleadings | Plaintiffs say new counsel and amended allegations justified leave to amend | County stresses undue delay and that amendment deadline passed without good cause | Affirmed: District court did not abuse discretion denying leave under Rule 16(b) for lack of good cause |
Key Cases Cited
- Monell v. Dept. of Soc. Servs., 436 U.S. 658 (municipalities not vicariously liable under § 1983; liability requires municipal policy or custom)
- Connick v. Thompson, 563 U.S. 51 (Monell claim requires an underlying constitutional violation and standards for municipal liability)
- City of Canton v. Harris, 489 U.S. 378 (standards for Monell failure-to-train—deliberate indifference and causal link)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (summary judgment standard; evidence viewed in light most favorable to nonmovant)
- Peterson v. City of Fort Worth, 588 F.3d 838 (Fifth Circuit law on pattern/similarity requirement for Monell liability)
- Kitchen v. Dall. Cty., 759 F.3d 468 (Fifth Circuit discussion of Monell and underlying constitutional-violation requirement)
- Webster v. City of Hous., 735 F.2d 838 (definition and proof of municipal custom)
- Daniel v. Cook Cty., 833 F.3d 728 (Seventh Circuit holding that DOJ investigatory reports under the Civil Rights of Institutionalized Persons Act are not per se unreliable as litigation-preparation documents)