Alfred Barr v. David Gee, Paul Fitts

437 F. App'x 865
CourtCourt of Appeals for the Eleventh Circuit
DecidedAugust 16, 2011
Docket11-10104
StatusUnpublished
Cited by61 cases

This text of 437 F. App'x 865 (Alfred Barr v. David Gee, Paul Fitts) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alfred Barr v. David Gee, Paul Fitts, 437 F. App'x 865 (11th Cir. 2011).

Opinion

PER CURIAM:

Alfred Barr appeals pro se from the dismissal of his civil-rights suit, brought pursuant to 42 U.S.C. §§ 1983 and 1985, for failure to state a claim. 1 He argues *869 that the district court erred in dismissing the claims in his first amended complaint as to 11 defendants on grounds of various immunities and bars to suit, and that he should have been permitted to replead those claims in his second amended complaint. He further claims that the district court erred in finding that his second amended complaint failed to state claims of constitutional violations by the remaining defendants. For the reasons set forth below, we affirm.

I.

A.

In February 2010, Alfred Barr filed suit pro se against various individuals and entities, pursuant to 42 U.S.C. §§ 1983 and 1985. Although some allegations in the 137-page complaint centered around the treatment of his minor child, he sued only in his own name, not as next friend of the child. Upon the named defendants’ motions to dismiss, the district court dismissed the complaint as a shotgun pleading that failed to comply with Federal Rules of Civil Procedure 8 and 10. The court ordered Barr to file a compliant amended complaint of no more than 30 pages, and it warned that failure to comply would result in dismissal.

Barr timely filed a first amended complaint, again suing only in his own name. He alleged 17 counts of civil-rights violations by Hillsborough County, Florida, and vai’ious individuals:

Hillsborough County Sheriff’s Office (“HCSO") defendants
(Count 1) Sheriff David Gee
(Counts 2 & 7) Deputy Paul Fitts
(Counts 3 & 7) Deputy Kristy Udagawa
(Count 4) Major Craig Latimer of Child Protective Services
(Count 5) Certain John Doe defendants Hillsborough County (“County") defendants
(Counts 6 & 15) Hillsborough County
(Count 17) Charles Allen, code enforcement officer
State Attorney’s Office defendants
(Count 8) State Attorney Mark A. Ober
(Count 9) Division Chief Sean Keefe
(Count 10) Assistant State Attorney Matthew Smith
(Count 11) Assistant State Attorney Linda Grable
(Count 12) Division Chief Steve Udaga-wa
(Count 13) Assistant State Attorney Vanessa H. Hall
Public Defender for the Thirteenth Judicial Circuit of Florida
(Count 14) Public Defender Julianne M. Holt
Hillsborough County Public Schools (“HCPS”) defendants
(Count 16) Superintendent MaryEllen Elia
(Count 16) Guidance counselor Cathy Gatchell
(Count 16) Teacher Suzanne Boner

In general, Barr alleged that one or more individuals (a) entered and searched his home without a warrant or probable cause, (b) impermissibly introduced into *870 public court records confidential reports containing allegations of child abuse, (c) detained and interrogated his child on more than one day, (d) coerced the child into accusing Barr of felony child abuse, (e) committed perjury in his criminal proceedings, (f) treated Barr differently on the basis of race by refusing to permit him to file an excessive-force complaint, (g) created a racially hostile environment across multiple agencies with respect to him and his child, and (h) caused Barr broken teeth, broken household furniture, loss of income, destruction of business and reputation, and seven days of incarceration without medical attention or contact with an attorney.

Count 1 alleged that Gee “authorized or permitted acts and subscribed to[ ] or established official policies or customs” that infringed upon the rights of Barr and his child, that he conspired with others to violate Barr’s right to due process, and that he was negligent in his training and supervision of certain employees. Count 2 alleged that Fitts used “excessive force in the execution of a[n] unlawful and war-rantless entry, arrest, imprisonment, [and] unreasonable search” of Barr’s home, and that Fitts kidnapped his child, falsified incident reports, committed perjury, and conspired to deprive Barr and his family of their constitutional rights. Count 3 incorporated the claims in Counts 1 and 2 against Kristy Udagawa. Count 4 alleged that Latimer condoned improper conduct by his employees, including (a) “racially hostile” searches and seizures, (b) “disclosure or distribution of] false child abuse reports or information to” the State Attorney’s Office, and (c) coercion of statements from Barr’s child.

Count 5 alleged that various John Doe defendants, acting under the supervision of Gee, Latimer, Ober, Keefe, Steve Udaga-wa, and Elia, participated in the conduct described in the other counts. Count 6 alleged that Hillsborough County was vicariously liable for the conduct of Fitts and Kristy Udagawa, and that the County had a “policy of inadequate training or supervision” and a “custom of tolerance or acquiescence of federal rights violations ... against [Barr] and [his] minor child.” Count 7 incorporated the allegations of Counts 2 and 3, and further alleged that the actions of Fitts and Kristy Udagawa constituted “wanton and extreme” conduct that exceeded the scope of law and policy.

Count 8 alleged that Ober (a) knew or should have known about the warrantless entry and use of excessive force during the arrest, (b) condoned, in his capacity as supervisor, the racially selective prosecution of similarly situated defendants, (c) failed to supervise and evaluate his employees adequately, (d) participated with his staff in the fabrication of false evidence, and (e) generally conspired with certain other defendants to deprive Barr of his constitutional rights. Count 9 alleged that Keefe “failed to truthfully[ ] or properly report the facts” and “participated in the planned cover[-]up of violations against minor children,” including kidnapping and interference with custody. Count 10 alleged that Smith (a) collected and created false information regarding Barr’s child, and (b) conspired with Keefe, Steve Udagawa, and Holt, the Public Defender, to obstruct witness depositions and to make false representations to the court.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
437 F. App'x 865, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alfred-barr-v-david-gee-paul-fitts-ca11-2011.