902 F.3d 745
8th Cir.2018Background
- Marsh alleged she was sexually assaulted by corrections officer Louis Campana while jailed for five days in June 2012; she sued Phelps County, Sheriff Samuelson, Lt. Gregg, and Campana under 42 U.S.C. § 1983 (official and individual capacities).
- Campana was hired in 2010 after routine checks and completed training and periodic evaluations; evaluations noted excessive chattiness and fraternization with female inmates but were otherwise "satisfactory." He was promoted to corporal in May 2012.
- Multiple staff concerns surfaced (some only after his suspension): coworker comments about spending excessive time with female inmates, a reported incident reviewed on video that did not corroborate touching, and a coworker who later told investigators she had warned Gregg that Campana might have problems around females.
- In July 2012 a former inmate complained of inappropriate sexual conduct; Sheriff Samuelson and Lt. Gregg reviewed video, suspended Campana pending investigation, and referred the matter to the Nebraska State Patrol, which uncovered multiple sexual-misconduct incidents occurring often out of camera view.
- Campana resigned after being charged criminally; he pleaded guilty to some counts. The district court granted summary judgment for the County and for Samuelson and Gregg in their individual capacities; Marsh appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Municipal liability under § 1983 (Monell) — policy/custom or failure to train caused violation | Marsh: County had a de facto policy/custom of allowing Campana unfettered access to female inmates and failed to train/supervise despite known risks | County: No official policy or deliberate choice condoning access; routine counseling and evaluations show no policy; failure-to-train claim fails absent deliberate indifference | Held for County: no evidence of a municipal policy/custom or deliberate indifference causally linked to assaults |
| Failure-to-train liability (deliberate indifference standard) | Marsh: County failed to train officers to prevent sexual misconduct, causing assaults | County: It is patently obvious that officers may not sexually assault detainees; lack of specific training does not show deliberate indifference | Held for County: no proof failure to train caused the assaults or constituted deliberate indifference |
| Supervisory (individual) liability of Sheriff Samuelson and Lt. Gregg — notice of pattern and deliberate indifference | Marsh: Supervisors knew or should have known of risk from evaluations, coworker complaints, and other indicators, so they failed to protect inmates | Defendants: They lacked actual notice of a pattern of unconstitutional acts before suspension; they investigated and promptly suspended and referred matter when put on notice | Held for Samuelson and Gregg (qualified immunity): no evidence they had notice of a pattern of unconstitutional acts or acted with deliberate indifference |
| Sufficiency of pre-suspension knowledge to create triable issue (i.e., whether complaints/counseling amounted to notice of risk) | Marsh: prior warnings, coworker discomfort, and video-review incidents created an inference of obvious risk | Defendants: Pre-suspension items were non-specific, not conveyed to decisionmakers as a pattern, and did not objectively signal risk of sexual assault | Held for defendants: pre-suspension facts insufficient to show supervisors knew of or ignored an obvious, ongoing constitutional risk |
Key Cases Cited
- Monell v. Department of Social Services, 436 U.S. 658 (municipal liability requires policy or custom)
- City of Canton v. Harris, 489 U.S. 378 (failure-to-train actionable only if deliberate indifference)
- Collins v. City of Harker Heights, 503 U.S. 115 (liability requires causal connection between policy and constitutional deprivation)
- Ashcroft v. Iqbal, 556 U.S. 662 (officials liable only for their own misconduct)
- Pearson v. Callahan, 555 U.S. 223 (qualified immunity framework)
- Kahle v. Leonard, 477 F.3d 544 (denying qualified immunity where supervisor may have known of obvious risk)
- Parrish v. Ball, 594 F.3d 993 (patently obvious need to train not established for preventing sexual assault)
- Schaffer v. Beringer, 842 F.3d 585 (causal link requirement for municipal liability)