Tyler v. Douglas
8:12-cv-00443
D. Neb.Feb 28, 2013Background
- Plaintiff Billy Tyler, a nonprisoner in Omaha, filed suit on December 26, 2012 against Douglas County and Lesley Douglas, the county court administrator.
- Court conducts initial review under 28 U.S.C. §1915(e)(2) to determine if dismissal is warranted.
- Plaintiff alleges a 2010 drug paraphernalia charge; claims he was not notified of a hearing and that defendants colluded to arrest him for failing to appear.
- Plaintiff seeks an injunction against future manipulated arrests and monetary damages.
- Court assumes Douglas is sued in official capacity and that the County Court is a stand-in for Douglas County for §1983 purposes.
- Court finds plaintiff fails to allege a continuing, widespread pattern or a policy/custom causing the arrest under Jane Doe; grants amendment window.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Tyler states a Monell claim against Douglas County. | Tyler alleges a continuing pattern of unconstitutional conduct and county policy. | No pled continuing pattern or policy; insufficient facts to show moving force. | No Monell claim stated; amendment required to plead policy/custom. |
| Whether Douglas County may be sued in this §1983 action given capacity. | Claims against Douglas County as municipality under §1983. | Claims construed as official-capacity against Douglas County; requires policy. | Claims dismissed for failure to state a Monell claim; amendment permitted. |
Key Cases Cited
- Johnson v. Outboard Marine Corp., 172 F.3d 531 (8th Cir. 1999) (explicit capacity requirement to state individual capacity)
- Doe By & Through Doe v. Washington Cnty., 150 F.3d 920 (8th Cir. 1998) (Monell-like municipal liability requires policy or custom)
- Monell v. Dep't of Soc. Servs., 436 U.S. 658 (1978) (municipal liability requires policy or custom)
- Jane Doe A By & Through Jane Doe B v. Special Sch. Dist. of St. Louis Cnty., 901 F.2d 642 (8th Cir. 1990) (definition of official policy vs. custom)
- Pembaur v. City of Cincinnati, 475 U.S. 469 (1986) (final authority to establish policy)
- Baker v. Chisom, 501 F.3d 920 (8th Cir. 2007) (official-capacity and policy considerations)