Robinson v. White CountyRobinson v. White County
Michael R. Rainwater, argued, Little Rock, Arkansas (JaNan Arnold Davis, on the brief), for appellee.
RILEY, Circuit Judge.
Frank Robinson (Robinson) appeals the district court‘s grant of summary judgment to White County Judge Bob Parish (Judge Parish) and Sheriff Pat Garrett (Sheriff Garrett) (collectively, the appellees) in Robinson‘s action under
I. BACKGROUND
On January 6, 2003, Robinson was driving a loaded Home Depot truck en route to a delivery when he encountered an old single lane steel framed wooden topped bridge in White County, Arkansas. Ordinarily a weight limit sign was posted at the bridge, but on that day the sign was missing. Robinson was unfamiliar with this stretch of road and with this bridge. As Robinson drove across, the bridge collapsed, with the truck and bridge falling into the creek, injuring Robinson.
White County Sheriff‘s Department Sergeant Terry Sablotny (Sergeant Sablotny) and Deputy Andres Mariani (Deputy Mariani), among others, responded to the accident. Deputy Mariani found the weight limit sign lying obscured in the grass. At some point, Judge Parish was notified of the accident. Judge Parish, having not visited the accident scene, concluded Robinson “either broke [the] weight limit law or ... [did] something reckless to cause that bridge to fall.” Judge Parish spoke to the White County Sheriff‘s Department dispatcher and told the dispatcher to ask Sheriff Garrett to issue Robinson a citation. Judge Parish also called Sheriff Garrett directly, telling Sheriff Garrett to “[p]ut [Robinson] in jail.”
Sheriff Garrett telephoned Sergeant Sablotny and informed him Judge Parish was mad and wanted Robinson put in jail and to post bond. Not having visited the accident scene, Sheriff Garrett instructed Sergeant Sablotny to issue a citation. When Sergeant Sablotny told Sheriff Garrett the weight limit posting was missing (so he did not know what Robinson should be cited for), Sheriff Garrett did not change his instruction to issue a citation. In a subsequent telephone conversation, after checking with a state trooper, Sergeant Sablotny told Sheriff Garrett the “closest thing” he could find to a statute Robinson violated was
Robinson was arrested for careless driving and released after posting a $150 bond. In June 2003, Robinson was acquitted on the careless driving charge. The presiding district court judge of Searcy County, Missouri, testified, by affidavit, the only witness at the citation hearing, Deputy Mariani, testified: “[T]he weight limit sign for the bridge was not up at the time of the accident, [Deputy] Mariani did not believe that Robinson had broken any law, and [Deputy] Mariani issued a citation to Robinson only because he had been instructed to do so.”
Robinson later sued White County, Judge Parish, and Sheriff Garrett under
We review de novo a district court‘s grant of summary judgment, applying the same standards as the district court. McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 510 (8th Cir. 1995). We will affirm the summary judgment if the evidence, viewed in the light most favorable to Robinson, demonstrates there is no genuine issue as to any material fact and the appellees are entitled to judgment as a matter of law. Id. There is no genuine issue of material fact if the evidence is such that no reasonable jury could return a verdict for Robinson. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S. Ct. 2505, 91 L. Ed. 2d 202 (1986).
A. Sheriff Garrett‘s Qualified Immunity for Individual Capacity Claim
We first address Robinson‘s individual capacity claim against Sheriff Garrett. As recited in Wright v. Rolette County, 417 F.3d 879, 884 (8th Cir. 2005) (internal quotations and citations omitted), cert. denied, ___ U.S. ___, 126 S. Ct. 1338, 164 L. Ed. 2d 53 (2006), the test for qualified immunity is:
Government officials who perform discretionary functions are entitled to qualified immunity unless their alleged conduct violated clearly established federal constitutional or statutory rights of which a reasonable person in their positions would have known. We analyze qualified immunity issue [sic] in two steps. First, we ask whether the facts as asserted by the plaintiff show the officer‘s conduct violated a constitutional right. If the answer is no, we grant qualified immunity. If the answer is yes, we go on to determine whether the right was clearly established. The relevant, dispositive inquiry in determining whether a right is clearly established is whether it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted.
1. Violation of a Constitutional Right
The appellees argue Sheriff Garrett‘s conduct did not violate Robinson‘s constitutional right because a reasonable officer at the scene would have believed he had probable cause to arrest Robinson. See Malley v. Briggs, 475 U.S. 335, 344-45, 106 S. Ct. 1092, 89 L. Ed. 2d 271 (1986); Gorra v. Hanson, 880 F.2d 95, 97 (8th Cir. 1989). In determining whether there was arguable probable cause to arrest Robinson, we start at square one: the statute cited for Robinson‘s arrest. Sheriff Garrett ordered Robinson arrested for violating
(a) It shall be unlawful for any person to drive or operate any vehicle in such a careless manner as to evidence . . . a failure to maintain proper control.
(b) It shall be unlawful for any person to operate or drive any vehicle . . . in violation of the following prohibited acts:
. . . .
(4) Driving too close to, or colliding with . . . fixtures, . . . or objects adjacent to the public thoroughfares;
. . . .
(6) To operate any vehicle in such a manner which would cause a failure to maintain control;
. . . .
(8) To operate a vehicle in any manner, when the driver is inattentive, and such inattention is not reasonable and prudent in maintaining vehicular control.
The appellees first argue a reasonable officer would have had probable cause to believe Robinson “collided with . . . objects adjacent” to the road because Robinson‘s truck was lying among the bridge‘s remains, thus (1) “colliding” with the bridge after the collapse, or (2) evidencing a collision causing the collapse. See
The appellees alternatively argue a reasonable officer, given the results of the bridge collapse, would have had probable cause to believe Robinson was inattentive. See
We recognize at the time of the arrest the Arkansas courts had not yet fully defined the conduct that would violate
Because no reasonable police officer would have read the Arkansas “careless driving” statute in a manner to believe probable cause arguably existed to arrest Robinson, we hold, taking the evidence in the light most favorable to Robinson, Sheriff Garrett, who ordered Robinson‘s arrest, violated Robinson‘s constitutional right to be free from unlawful arrest.
2. Clearly Established Right
Because we have concluded Sheriff Garrett violated Robinson‘s constitutional right to be free from unlawful arrest, we next determine whether the right was clearly established. “For a right to be considered clearly established, the `contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.‘” Lawyer v. City of Council Bluffs, 361 F.3d 1099, 1103 (8th Cir. 2004) (quoting Anderson v. Creighton, 483 U.S. 635, 640, 107 S. Ct. 3034, 97 L. Ed. 2d 523 (1987)).
The appellees argue Robinson‘s right was not clearly established because the interpretation of
In sum, we hold, taking the evidence in the light most favorable to Robinson, Sheriff Garrett violated Robinson‘s constitutional right to be free from unlawful arrest, and that right was clearly established at the time of Robinson‘s arrest. We therefore reverse the district court‘s grant of qualified immunity to Sheriff Garrett on Robinson‘s individual capacity § 1983 claim against Sheriff Garrett.
B. Judge Parish‘s Qualified Immunity for Individual Capacity Claim
We next address Robinson‘s individual capacity claim against Judge Parish. Robinson claims Judge Parish directly participated in the constitutional violation against Robinson, thus Judge Parish is liable just as Sheriff Garrett, who actually ordered Robinson‘s arrest.
As White County Judge, Judge Parish served as the “principal executive officer of the county.” See
We therefore affirm the district court with respect to Robinson‘s individual capacity claim against Judge Parish.
C. Conspiracy Claim
Robinson alleges Judge Parish and Sheriff Garrett entered into a civil conspiracy to violate Robinson‘s right to be free from unlawful arrest. Namely, Judge Parish asked Sheriff Garrett to issue Robinson a citation and “[p]ut him in jail,” and Sheriff Garrett did so.
To establish a civil conspiracy, Robinson “must show five elements: (1) two or more persons; (2) an object to be accomplished; (3) a meeting of the minds on the object or course of action to be taken; (4) the commission of one or more unlawful overt acts; and (5) damages as the proximate result of the conspiracy.” In re Temporomandibular Joint (TMJ) Implants Prods. Liab. Litig., 113 F.3d 1484, 1498 (8th Cir. 1997). The issue here is the fourth element: whether Judge Parish‘s act of requesting Sheriff Garrett to arrest Robinson constitutes an overt act or participation in an overt act in furtherance of a conspiracy to violate Robinson‘s right.
We hold as a matter of law no reasonable jury could find the existence of a civil conspiracy here because Judge Parish‘s request, backed by no actual authority and which Sheriff Garrett was not required to follow, does not constitute an overt act for which Judge Parish could be liable. The unlawful overt act, an unconstitutional arrest, was solely within Sheriff Garrett‘s authority and was his decision alone. As we stated in Young v. Harrison, 284 F.3d 863 (8th Cir. 2002) (per curiam), “[a] private person does not conspire with a state official merely by invoking an exercise of the state official‘s authority.” Id. at 870 (quoting Tarkowski v. Robert Bartlett Realty Co., 644 F.2d 1204, 1208 (7th Cir. 1980)). While Judge Parish is not truly a “private person” in this case, his lack of authority over Sheriff Garrett, just like a private person‘s lack of authority over the police, makes Young persuasive. Furthermore, Robinson offers no evidence Judge Parish‘s request was “tantamount to substituting the judgment of [Judge Parish] for that of the police.” Cf. id. (quoting Alexis v. McDonald‘s Rest., 67 F.3d 341, 352 (1st Cir. 1995)).
We therefore affirm the district court with respect to Robinson‘s civil conspiracy claim against the appellees.
D. Official Capacity Claims
We next address Robinson‘s official capacity claims. Robinson claims his arrest amounted to an “official policy” by the White County Sheriff‘s Department and therefore White County is liable under § 1983 for the official acts of Judge Parish and Sheriff Garrett. Robinson‘s claims are tantamount to claims against White County. See Kentucky v. Graham, 473 U.S. 159, 166, 105 S. Ct. 3099, 87 L. Ed. 2d 114 (1985). A municipality may be liable under § 1983 for the unconstitutional acts of its employees if some “municipal `policy’ or `custom‘” was the moving force behind the constitutional violation. See Bd. of County Comm‘rs v. Brown, 520 U.S. 397, 403-04, 117 S. Ct. 1382, 137 L. Ed. 2d 626 (1997).
1. Judge Parish
Because Judge Parish did not undertake any unlawful acts toward Robinson, White County cannot be held liable under § 1983 for any acts taken by Judge Parish. See Monell v. Dep‘t of Soc. Servs., 436 U.S. 658, 691-92, 98 S. Ct. 2018, 56 L. Ed. 2d 611 (1978); McCoy v. City of Monticello, 411 F.3d 920, 922 (8th Cir. 2005) (“[I]n order for municipal liability to attach, individual liability first must be found on an underlying substantive claim.“).
2. Sheriff Garrett
Robinson argues Sheriff Garrett‘s single act of having Robinson arrested constitutes an “official policy” of White County. Although the Supreme Court has stated “municipal liability may be imposed for a single decision by municipal policymakers under appropriate circumstances,” Pembaur v. City of Cincinnati, 475 U.S. 469, 480, 106 S. Ct. 1292, 89 L. Ed. 2d 452 (1986), those unique circumstances do not exist here. There is no evidence in the record, beyond Robinson‘s isolated arrest, White County had any policy, official or otherwise, of unlawfully arresting persons for careless driving. Cf. Veneklase v. City of Fargo, 248 F.3d 738, 748 (8th Cir. 2001) (en banc) (per curiam); Morton v. City of Little Rock, 934 F.2d 180, 183 (8th Cir. 1991); see also Pembaur, 475 U.S. at 481, 106 S. Ct. 1292 (“[N]ot every decision by municipal officers automatically subjects the municipality to § 1983 liability.“). “We cannot infer the existence of an unconstitutional [county] policy ... from this single occurrence.” Wedemeier v. City of Ballwin, 931 F.2d 24, 26 (8th Cir. 1991) (citing City of Oklahoma City v. Tuttle, 471 U.S. 808, 821, 105 S. Ct. 2427, 85 L. Ed. 2d 791 (1985) (plurality), 830-31 (Brennan, J., concurring)) (involving claim of municipal liability for single incident of unlawful arrest).
E. State Law Claims
Finally, we address Robinson‘s state law claims. The appellees moved for summary judgment on Robinson‘s state law claims, only arguing the claims were “irrelevant” because the appellees were entitled to qualified immunity. The appellees made no alternative argument in support of summary judgment based on the merits of the state law claims.
Under Celotex Corp. v. Catrett, 477 U.S. 317, 106 S. Ct. 2548, 91 L. Ed. 2d 265 (1986), “[t]he party seeking summary judgment must first identify grounds demonstrating the absence of a genuine issue of material fact.” Uhiren v. Bristol-Myers Squibb Co., Inc., 346 F.3d 824, 827 (8th Cir. 2003) (citing Celotex, 477 U.S. at 323, 106 S. Ct. 2548). Only when the movant makes such a showing does the burden shift to the non-movant to “present affirmative evidence showing that a genuine issue of material fact exists.” Id. (citing Anderson, 477 U.S. at 256-57, 106 S. Ct. 2505).
In this case, the appellees failed to identify any grounds beyond qualified immunity demonstrating the absence of genuine issues of material fact regarding Robinson‘s state law claims. But as we held supra, Sheriff Garrett is not entitled to qualified immunity for Robinson‘s unlawful arrest. Thus, the appellees have presented no valid grounds upon which summary judgment can be granted on Robinson‘s state law claims against Sheriff Garrett. We therefore reverse the district court‘s order granting summary judgment to Sheriff Garrett on Robinson‘s state law claims. However, because Judge Parish did not undertake any unlawful acts toward Robinson, we affirm the district court‘s order granting Judge Parish summary judgment on Robinson‘s state law claims.
III. CONCLUSION
For the reasons stated, we reverse the district court‘s order granting summary judgment to Sheriff Garrett on Robinson‘s individual capacity and state law claims. We affirm the district court with respect to the remaining claims against Sheriff Garrett and all claims against Judge Parish.