Mick v. Wade
8:17-cv-00147
D. Neb.Jun 26, 2017Background
- Plaintiff, a Douglas County Jail inmate, alleges Correctional Officer Stephen Wade tripped him when he refused to walk to medical (citing diabetic neuropathy), causing a fall and head impact, then kneed him in the left rib cage, fracturing ribs.
- Plaintiff was dragged from his cell in restraints, transported by wheelchair to a lieutenant’s office where he was threatened; he later alleges he could not lie down for 18 days and had difficulty eating.
- Plaintiff claims medical staff later visited his cell but he received no meaningful treatment and was denied a grievance form.
- Defendants named: Douglas County Department of Corrections (construed as Douglas County) and Stephen Wade (presumed sued in official capacity only).
- Procedural posture: Court conducting initial review under 28 U.S.C. §§ 1915(e) and 1915A; granted in forma pauperis previously and ordered plaintiff to file an amended complaint by July 26, 2017.
- Court found the complaint fails to plead a Monell claim against Douglas County because it alleges no policy, custom, or pattern of unconstitutional conduct or deliberate indifference by county policymakers.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Excessive force by officer Wade | Wade used malicious, sadistic force (tripped, kneed) causing broken ribs | Not directly argued in opinion; court reviews sufficiency of pleading | Complaint alleges facts that could state Eighth Amendment claim against an individual, but Wade presumed sued only in official capacity, so claim treated as against county and dismissed for lack of Monell allegations |
| Deliberate indifference to medical needs | Medical ignored his broken ribs; denial of grievance | Not detailed; court assesses pleading adequacy | Complaint alleges serious medical need but fails to plead that county policy/custom caused deliberate indifference; Monell claim deficient |
| Official-capacity vs. individual-capacity pleading | Plaintiff did not specify capacity; seeks damages | N/A | Court presumes official-capacity only when not expressly pleaded, converting claims to ones against Douglas County |
| Municipal liability (Monell) | County responsible for conduct of its officers | County immune absent policy/custom causing constitutional violation | Dismissal without prejudice of county claims; plaintiff given leave to amend to plead a policy/custom demonstrating municipal liability |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (plausibility pleading standard)
- Ashcroft v. Iqbal, 556 U.S. 662 (pleading standards and inference of liability)
- Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (municipal liability requires policy or custom)
- Pembaur v. City of Cincinnati, 475 U.S. 469 (official policy definition and policymaker authority)
- Williams v. Jackson, 600 F.3d 1007 (Eighth Amendment excessive-force standard)
- Hudson v. McMillan, 503 U.S. 1 (de minimis force may not constitute Eighth Amendment violation)
- Wilkins v. Gaddy, 559 U.S. 34 (seriousness of injury not always required for excessive-force claim)
- Estelle v. Gamble, 429 U.S. 97 (deliberate indifference standard for medical needs)
- Jane Doe A v. Special Sch. Dist. of St. Louis County, 901 F.2d 642 (elements for establishing a municipal custom)
- Popoalii v. Correctional Med. Servs., 512 F.3d 488 (deliberate indifference akin to criminal recklessness)
- Elder-Keep v. Aksamit, 460 F.3d 979 (official-capacity suits as suits against the entity)
- West v. Atkins, 487 U.S. 42 (section 1983 requires state action)
- Buckley v. Barlow, 997 F.2d 494 (section 1983 and state-actor requirement)