Tracy Young v. Isola, Mississippi
708 F. App'x 152
| 5th Cir. | 2017Background
- Tracy Young, a convenience-store clerk, alleged Isola police officer Michael Kingdom made sexually suggestive/offensive comments on three occasions and grabbed her arm once in 2014 at a store frequented by on-duty Isola officers.
- Young filed a complaint with the county sheriff; security camera footage (no audio) was obtained showing Kingdom and Young interacting and Young laughing.
- Young sued Kingdom and the City of Isola (and Isola’s mayor and police chief in their official capacities) asserting federal civil-rights claims (§ 1983, § 1985) and several Mississippi state-law claims including assault and negligent hiring/training.
- Municipal defendants moved for summary judgment; Kingdom did not answer and a clerk’s default was entered against him. The district court granted summary judgment to Municipal Defendant on all claims and dismissed claims against Kingdom.
- On appeal, the Fifth Circuit vacated and remanded only the assault claim against Kingdom, and otherwise affirmed the district court’s judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dismissal against defaulting Kingdom was improper | Kingdom defaulted and did not move for summary judgment; Young argued genuine factual dispute on assault | Municipal Defendant’s favorable summary-judgment showing can inure to benefit of defaulting defendant | Court: district court may grant relief for movant and that defense inured to Kingdom; but assault claim against Kingdom survives on facts — VACATED and REMANDED as to assault |
| Whether § 1983 claims against Municipal Defendant survive (under Monell) | Young argued substantive due-process violation (Fourteenth) and other constitutional claims tied to Kingdom’s conduct | Municipal Defendant: no underlying constitutional violation shown; no municipal policy/custom causing violation | Court: Young waived many constitutional arguments by failing to raise them below or in opening brief; affirmed summary judgment on § 1983 claims (no Monell relief reached because waived) |
| Whether § 1985 conspiracy claim survives | Young alleged Municipal Defendant conspired to interfere with her civil rights | Municipal Defendant: no proof of racial or class-based discriminatory animus required by § 1985(3) | Court: Young waived argument regarding discriminatory animus in initial brief; affirmed dismissal |
| Whether Mississippi state-law claims against Municipal Defendant survive (assault, constitutional claims under MS Const., negligent hiring/training) | Young pressed assault and tort claims including negligent hiring/training | Municipal Defendant: MTCA provides immunity for discretionary functions including hiring/training/supervision; Young waived several state-constitutional claims on appeal | Court: Assault/state-constitutional claims waived on appeal; negligent hiring/training barred by MTCA discretionary-function immunity — affirmed |
Key Cases Cited
- Vela v. City of Hous., 276 F.3d 659 (5th Cir. 2001) (summary-judgment standard review on appeal)
- Lewis v. Lynn, 236 F.3d 766 (5th Cir. 2001) (defense in a summary-judgment motion may inure to benefit of a defaulting defendant)
- Ganther v. Ingle, 75 F.3d 207 (5th Cir. 1996) (default does not entitle plaintiff to judgment as of right)
- Whitley v. Hanna, 726 F.3d 631 (5th Cir. 2013) (elements of a § 1983 claim review)
- Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (U.S. 1978) (municipal liability requires unconstitutional policy or custom)
- Martco Ltd. P’ship v. Wellons, Inc., 588 F.3d 864 (5th Cir. 2009) (issues not raised below are waived on appeal)
- Health Care Serv. Corp. v. Methodist Hosps. of Dall., 814 F.3d 242 (5th Cir. 2016) (failure to challenge district-court determinations in initial brief waives review)
- Horaist v. Doctor’s Hosp. of Opelousas, 255 F.3d 261 (5th Cir. 2001) (elements of a § 1985(3) conspiracy claim)
- Morgan v. Greenwaldt, 786 So. 2d 1037 (Miss. 2001) (Mississippi assault elements)
- Elkins v. McKenzie, 865 So. 2d 1065 (Miss. 2003) (Mississippi Tort Claims Act is exclusive remedy against governmental entities)
- City of Jackson v. Sandifer, 107 So. 3d 978 (Miss. 2013) (supervision/discipline of police officers is a discretionary government function)