THOMAS v. ROBERTS
1:23-cv-00199
| M.D. Ga. | Apr 4, 2025Background
- Plaintiff Shaneka Thomas sued Charlie Laranzo Roberts, a former City of Albany police officer, alleging Roberts made unsolicited verbal and physical sexual advances toward her when responding to her 911 call.
- The incident involved Roberts allegedly pulling on Thomas’s clothes and making unwanted physical contact, followed by a return visit with further sexual comments.
- Thomas asserts three claims: (1) violation of 42 U.S.C. § 1983, (2) Georgia state-law battery, and (3) Georgia state-law intentional infliction of emotional distress.
- The case is set for trial on April 9, 2025. Plaintiff submitted proposed jury instructions for the § 1983 and battery claims.
- The Court issued this order to notify the Parties of concerns with the adequacy and correctness of Plaintiff’s proposed instructions, focusing on the proper constitutional basis and correct use of Georgia law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held (Preliminary) |
|---|---|---|---|
| Proper Constitutional Basis for § 1983 | § 1983 claim should be charged under Due Process | Not specified in the order | Due Process is not appropriate; Equal Protection Clause provides the proper basis |
| Applicability of Fourth Amendment | Fourth Amendment may cover police sexual assault | Not specified in the order | Not applicable since there was no detention or seizure intent |
| Applicability of Substantive Due Process | Substantive due process protects bodily integrity | Not specified in the order | Due Process cannot supplement Equal Protection where a specific standard already applies |
| Proper Standard for Civil Battery | Jury should use criminal sexual battery standard | Not specified in the order | Must use civil tort law standard for battery, not criminal law |
Key Cases Cited
- Christopher v. Cutter Lab’ys, 53 F.3d 1184 (11th Cir. 1995) (jury instructions must fairly and adequately address the issues and correctly state the law)
- Hess v. Garcia, 72 F.4th 753 (7th Cir. 2023) (sexual assault by law enforcement implicates equal protection and Fourth Amendment only where there is a detention/seizure)
- Echols v. Lawton, 913 F.3d 1313 (11th Cir. 2019) (when a specific constitutional amendment applies, due process cannot be used to supplement)
- City of Cleburne v. Cleburne Living Ctr., 473 U.S. 432 (1985) (equal protection directs that similarly situated persons be treated alike)
- Craig v. Boren, 429 U.S. 190 (1976) (equal protection protects against sex discrimination by state actors)
- Cross v. Ala., State Dep’t of Mental Health & Mental Retardation, 49 F.3d 1490 (11th Cir. 1995) (recognized right to be free from sex discrimination in public employment under Equal Protection)