Ann Mitchell v. City of Mobile

• Court: Court of Appeals for the Eleventh Circuit
• Decided: December 4, 2018
• Docket: 17-13851
• Status: Unpublished

Opinion

Case: 17-13851 Date Filed: 12/04/2018 Page: 1 of 5

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT ________________________

No. 17-13851 Non-Argument Calendar ________________________

D.C. Docket No. 1:15-cv-00360-CG-C

ANN MITCHELL, personal representative of the estate of Ray Anson Mitchell,

Plaintiff-Appellant,

versus

CITY OF MOBILE, STEVEN CHANDLER, MIRANDA WILSON,

Defendants-Appellees,

PATRICK PALMER,

Defendant.

________________________

Appeal from the United States District Court for the Southern District of Alabama ________________________

(December 4, 2018) Case: 17-13851 Date Filed: 12/04/2018 Page: 2 of 5

Before WILSON, JORDAN and BLACK, Circuit Judges.

PER CURIAM:

Plaintiff-Appellant Ann Mitchell, proceeding pro se on behalf of the estate

of her late son, Ray Anson Mitchell, appeals the district court’s order granting

summary judgment in favor of Defendants Steven Chandler, Miranda Wilson, and

the City of Mobile, Alabama. On appeal, she contends she was prejudiced by the

negligence of her trial attorneys. In addition, she identifies, but fails to develop, a

number of issues related to the district court’s order granting summary judgment.

After review,1 we affirm.

I. DISCUSSION

A. Attorney Negligence

We generally do not consider issues that were not first raised before the

district court. See Access Now, Inc. v. Sw. Airlines Co., 385 F.3d 1324, 1331–32

(11th Cir. 2004). Further, we have recognized that “there is no constitutional or

statutory right to effective assistance of counsel [i]n a civil case.” Mekdeci v.

Merrell Nat’l Labs., 711 F.2d 1510, 1522 (11th Cir. 1983) (quotation omitted). If

a party has been prejudiced by the negligent performance of her attorney in a civil

1 “We review a district court order granting summary judgment de novo, viewing the evidence and all reasonable inferences drawn from it in the light most favorable to the nonmoving party.” Battle v. Bd. of Regents, 468 F.3d 755, 759 (11th Cir. 2006). 2 Case: 17-13851 Date Filed: 12/04/2018 Page: 3 of 5

case, there is no relief available on appeal; rather, the party’s remedy is to bring a

malpractice suit against the attorney. Id. at 1523.

Mitchell did not raise in the district court the issue of whether her attorneys’

negligent performance resulted in summary judgment. Thus, that issue has been

waived on appeal. See Access Now, Inc., 385 F.3d at 1331–32. Further, because

this is a civil case, Mitchell cannot seek relief on appeal for the allegedly

ineffective assistance of her trial counsel. See Mekdeci, 711 F.2d at 1523.

B. Remaining Issues

Although we read briefs filed by pro-se litigants liberally, issues not raised

or developed in the opening brief are considered abandoned, and arguments raised

for the first time in a reply brief will not be addressed. Timson v. Sampson, 518

F.3d 870, 874 (11th Cir. 2008). A party fails to adequately brief an issue when she

raises it in a perfunctory manner, without supporting arguments and authority.

Sapuppo v. Allstate Floridian Ins. Co., 739 F.3d 678, 681 (11th Cir. 2014).

Further, to obtain reversal of a judgment that is based on multiple, independent

grounds, an appellant must challenge every stated ground, or we will affirm. See

Id. at 680.

Mitchell has abandoned all issues stemming from the district court’s grant of

summary judgment by failing to develop any legal arguments in her opening brief.

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The section of Appellant’s Brief titled “Argument/Citations of Authority” states in

its entirety:

In showing due diligence, it is the responsibility of the appellant to show just cause with reciprocity within all states. Therefore, in the case of Ray Anson Mitchell, a clinically diagnosed mentally ill patient under the court-ordered care of Alta Pointe, the state neither insured legal covering of his protected class from the excessive use of force from Mobile County Alabama law enforcement. Discrimination against the mentally ill with regards to appropriate agency training and breaches to the police department’s code of ethics were evident. (Exhibit J- Alabama Code Title 22-50-11 (1) (16) Health, Mental Health, and Environmental Control). It is unlawful to disrespect the constitutional, legislative, executive, judicial and state laws with respect to justice. It is only right to quote the laws, rules and rights mandated by the Alabama code. (Exhibit K – Alabama Code 22-56-4 (b) (3) (9) (11) (13) Title Health, Mental Health, and Environmental Control)

Br. of Appellant at 9. Even viewed liberally, Mitchell fails to provide more than a

perfunctory and conclusory assertion that the district court erred in granting

summary judgment. See Sapuppo, 739 F.3d at 681.

Moreover, Mitchell fails to address the grounds on which the district court’s

decision was based. For example, the district court held—among other things—

that the officers’ use of deadly force was objectively reasonable under the

circumstances, regardless of whether the officers violated departmental policy

earlier in their encounter with Ray Anson Mitchell. The district court further

concluded the officers were entitled to qualified immunity because it was not

clearly established at the time of the shooting that their actions would violate the

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Constitution. Mitchell provides no legal arguments, much less relevant authorities,

contradicting the district court’s conclusions on these (or any other) dispositive

issues. See id. at 680.

II. CONCLUSION

Mitchell has waived or otherwise abandoned review of all challenges to the

district court’s order granting summary judgment. We therefore affirm.

AFFIRMED.