910 N.W.2d 845
N.D.2018Background
- LeRoy K. Wheeler, an inmate at North Dakota State Penitentiary, sued Governor Doug Burgum under 42 U.S.C. § 1983 in both official and personal capacities, alleging interference with mail, racial discrimination, denial of access to courts, obstruction of challenges to conditions of confinement, and retaliation by NDSP staff.
- Wheeler alleged Burgum failed to supervise NDSP officials and did not respond to two letters from Wheeler requesting investigation; he sought injunctive relief (official capacity) and punitive damages (personal capacity) and moved for appointed counsel.
- Governor Burgum moved to dismiss under N.D.R.Civ.P. 12(b)(6) and opposed appointment of counsel; the district court granted dismissal and denied Wheeler’s counsel motion.
- On appeal the Supreme Court of North Dakota reviewed the 12(b)(6) dismissal de novo, construing Wheeler’s well-pleaded allegations in his favor but asking whether it is impossible to prove a claim for relief.
- The court held: (1) Wheeler failed to state an official-capacity §1983 claim because the governor’s supervisory role over DOCR was too remote to impose §1983 liability; (2) Wheeler failed to state a personal-capacity §1983 claim because mere failure to respond or investigate letters did not allege a deprivation of a legal right under color of law; and (3) the court did not err in denying appointment of counsel, as there is no general right to appointed counsel in civil §1983 suits and no statutory authority requiring appointment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Official-capacity §1983 liability for failure to supervise DOCR/NDSP staff | Wheeler: Burgum’s supervisory duty over DOCR creates §1983 liability and entitles injunctive relief directing enforcement of prisoners’ rights | Burgum: State officials sued in official capacity are not §1983 "persons"; governor’s supervision is too remote to impose liability | Dismissed — supervisory responsibility was too indirect; no official-capacity §1983 liability |
| Personal-capacity §1983 liability for failing to respond/investigate letters | Wheeler: Burgum’s failure to answer letters or investigate deprived him of statutory/constitutional rights under color of law | Burgum: No act or omission alleged that deprived a legal right; public officials have no free-floating duty to fix all problems raised in letters | Dismissed — failure to respond to letters not a constitutional deprivation under §1983 |
| Motion to appoint counsel in civil §1983 action | Wheeler: Denial of counsel denied reasonable access to courts and merits appointment | State: No constitutional or statutory right to appointed counsel in civil §1983 cases; no statutory funding source authorizes appointment here | Denied — no right to appointed counsel in this context and no authority to appoint publicly funded counsel |
Key Cases Cited
- Perry Center, Inc. v. Heitkamp, 576 N.W.2d 505 (N.D. 1998) (state and state officials in official capacity are not §1983 "persons")
- Livingood v. Meece, 477 N.W.2d 183 (N.D. 1991) (official-capacity actions seeking only prospective relief are not treated as actions against the State)
- Jackson v. Nixon, 747 F.3d 537 (8th Cir. 2014) (supervisory liability under §1983 requires direct action or failure to properly supervise/train causing constitutional violation)
- Burks v. Raemisch, 555 F.3d 592 (7th Cir. 2009) (public officials are not obligated to act as ombudsmen; failure to respond to prisoner letters does not by itself create §1983 liability)
- Nandan, LLP v. City of Fargo, 858 N.W.2d 892 (N.D. 2015) (standard of review for N.D.R.Civ.P. 12(b)(6) dismissal; pleadings construed in plaintiff’s favor)
- Riddle v. Riddle, 907 N.W.2d 769 (N.D. 2018) (no general right to counsel in civil matters)