Terry L. McIlvoy v. James Sharp
485 S.W.3d 367
| Mo. Ct. App. | 2016Background
- Plaintiff Terry McIlvoy, an inmate at Jefferson City Correctional Center (JCCC), sued under 42 U.S.C. § 1983 claiming MVE supervisor James Sharp struck him three times on the head during a November 11, 2013 incident and that prison officials retaliated and covered up the event.
- Defendants named: James Sharp (individual), JCCC, Missouri Vocational Enterprises (MVE), and investigators/officials Amy Roderick (Inspector General), Nick Miller, and James Hess.
- Plaintiff sought monetary damages and various injunctive/administrative remedies; he proceeded pro se.
- JCCC, MVE, Roderick, Miller, and Hess moved to dismiss for failure to state claims and sovereign immunity; Sharp moved for summary judgment asserting sovereign/qualified immunity and that the record (including video and lack of injury) negated excessive-force and retaliation claims.
- Trial court granted dismissal as to institutional and investigator defendants and granted summary judgment for Sharp; appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether JCCC and MVE are liable under § 1983 / torts | McIlvoy alleged institutional liability for assault/cover-up | JCCC/MVE invoked sovereign immunity and argued they are not § 1983 "persons"; plaintiff failed to plead an exception | Dismissal affirmed — plaintiff did not plead facts showing an exception to sovereign immunity |
| Whether Roderick, Miller, Hess are § 1983 defendants | McIlvoy alleged they covered up, failed to investigate, tampered with witnesses, and retaliated | Defendants argued petition lacked facts showing their personal involvement or responsibility; moved to dismiss | Dismissal affirmed — pleadings contained only conclusory allegations and no ultimate facts showing personal involvement |
| Whether Sharp used excessive force violative of Eighth/Fourteenth Amendments | McIlvoy alleged Sharp hit his head three times with a fist | Sharp produced affidavit/video evidence, no medical treatment, argued force was de minimis and he is entitled to qualified immunity | Summary judgment for Sharp affirmed — alleged contact was de minimis, no discernible injury, not the malicious/sadistic standard required for § 1983 excessive-force recovery |
| Whether Sharp engaged in witness tampering or retaliation | McIlvoy alleged bribery/pay raise to witness and adverse administrative actions after complaint | Sharp denied involvement in housing/work/disciplinary decisions and said investigation was independent; plaintiff failed to produce evidentiary support for denials | Summary judgment for Sharp affirmed — plaintiff failed to raise genuine factual disputes and uncontroverted facts showed Sharp not responsible |
Key Cases Cited
- Wilkins v. Gaddy, 559 U.S. 34 (2010) (excessive-force inquiry focuses on whether force was used maliciously and sadistically to cause harm)
- Hudson v. McMillian, 503 U.S. 1 (1992) (de minimis physical contact that causes no injury typically fails as an Eighth Amendment excessive-force claim)
- Kixmiller v. Board of Curators of Lincoln Univ., 341 S.W.3d 711 (Mo. App. W.D.) (appellate review of dismissals/summ. judgment; affirm if any meritorious ground supports trial court)
- Charron v. Holden, 111 S.W.3d 553 (Mo. App. W.D.) (Missouri fact-pleading standard requires ultimate facts, not conclusions)
- Copeland v. Wicks, 468 S.W.3d 886 (Mo.) (elements of a § 1983 claim—deprivation of federal right and action under color of state law)
- Phelps v. City of Kansas City, 371 S.W.3d 909 (Mo. App. W.D.) (plaintiff must plead facts invoking exception to sovereign immunity)