Cannon v. Taylor

782 F.2d 947
Court of Appeals for the Eleventh Circuit·Decided February 20, 1986·No. No. 83-8856·Published·Cited by 62 cases

Opinion

RONEY, Circuit Judge:

Lema Cannon was killed when a police vehicle driven by Officer Martin Taylor struck her automobile. Her personal representative and surviving children brought this 42 U.S.C.A. § 1983 action against Officer Taylor and the City of Columbus, Georgia, claiming the defendants deprived Mrs. Cannon of life without due process of law and violated her constitutional right to travel. The district court granted summary judgment for defendants, finding that no constitutional violation had occurred. The case was orally argued on September 20, 1984, but the decision was delayed pending en banc consideration of a case first reported as Gilmere v. City of Atlanta, 737 F.2d 894 (11th Cir.1984), because it contained issues possibly relevant to consideration of this case. The en banc Court in Gilmere v. City of Atlanta, 774 F.2d 1495 (11th Cir.1985) {en banc), has now held that the Supreme Court decision in Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981), does not preclude a section 1983 suit against police officers for physical injuries just because the plaintiff would have a cause of action under state law. Gilmere and the other precedents having been fully considered by this Court, we affirm the denial of a section 1983 cause of action in this case. We hold that there is no section 1983 cause of action for injuries received in an automobile accident involving the negligence of city police.

At the time of the accident, Officer Taylor was responding to a disturbance call at a local pool hall in Columbus. The street on which he was travelling had a 30 miles-per-hour speed limit. Apparently concerned for the safety of the first officer to reach the scene, Taylor increased his speed to what investigative officers later determined to be at least 46 miles-per-hour. Georgia law provides that police vehicles may exceed posted speed limits when responding to emergency calls, but only if the officer uses the vehicle’s flashing lights and siren. O.C.G.A. § 40-6-6. Taylor was using neither. He struck the left side of Mrs. Cannon’s automobile as she was crossing an intersection. Plaintiffs sued, asserting a cause of action against both Officer Taylor and the City.

OFFICER TAYLOR

As to Officer Taylor, plaintiffs alleged that, acting under color of state law, he deprived Mrs. Cannon of her life with[949] out due process of law by virtue of his reckless, excessive speeding without the use of lights and sirens.

In order to sustain a 1983 action, a plaintiff must make a prima facie showing that the act or omission of a person acting under color of state law deprived plaintiff of a right, privilege, or immunity secured by the Constitution or the laws of the United States. Parratt v. Taylor, 451 U.S. 527, 535, 101 S.Ct. 1908, 1912, 68 L.Ed.2d 420 (1981). Section 1983 is not self-executing; the statute itself creates no substantive rights. Although the right to life is an interest of constitutional dimension, not every deprivation of life amounts to a constitutional violation and gives rise to a claim under section 1983. Dollar v. Haralson County, 704 F.2d 1540, 1543 (11th Cir.), cert. denied, 464 U.S. 963, 104 S.Ct. 399, 78 L.Ed.2d 341 (1983). The Fourteenth Amendment protects against only those deprivations of life which are effected without due process of law. See also Screws v. United States, 325 U.S. 91,108-09, 65 S.Ct. 1031, 1038-39, 89 L.Ed. 1495 (1945) (“The fact that a prisoner is assaulted, injured, or even murdered by state officials does not necessarily mean that he is deprived of any right protected or secured by the Constitution or laws of the United States.”).

The death occurred in an automobile accident, allegedly caused by the negligence of a police officer driving a city vehicle in the course of duties. No cases have been cited to this Court which held that automobile negligence by a state officer deprives an injured victim of due process of law. Our own computer research has revealed no decision that a victim of automobile negligence has a section 1983 cause of action for injuries caused by that negligence.

Observations of the United States Supreme Court indicate there is no such cause of action. In Paul v. Davis, 424 U.S. 693, 96 S.Ct. 1155, 47 L.Ed.2d 405 (1976), the Court expressed concern with a suggested reading of section 1983 which would make the Fourteenth Amendment “a font of tort law to be superimposed upon whatever systems may already be administered by the States.” Id. at 701, 96 S.Ct. at 1160. Elaborating on these concerns, the Paul Court stated that if respondent’s view there would prevail, which it did not,

... it would be difficult to see why the survivors of an innocent bystander ... negligently killed by a sheriff driving a government vehicle, would not have claims equally cognizable under § 1983.
It is hard to perceive any logical stopping place to such a line of reasoning. Respondent’s construction would seem almost necessarily to result in every legally cognizable injury which may have been inflicted by a state official acting under ‘color of law’ establishing a violation of the Fourteenth Amendment. We think it would come as a great surprise to those who drafted and shepherded the adoption of that Amendment to learn that it worked such a result, and a study of our decisions convinces us they do not support the construction urged by respondent.

Id. at 698-99, 96 S.Ct. at 1159. The Court rejected the premise that the Due Process Clause of the Fourteenth Amendment and section 1983 “make actionable many wrongs inflicted by government employees which had heretofore been thought to give rise only to state-law tort claims.” Id. at 699, 96 S.Ct. at 1159.

In Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981), the Supreme Court repeated its concern noted five years earlier in Paul v. Davis, rejecting a claim that the negligent deprivation of certain property amounted to a constitutional violation actionable under section 1983. The Court summarized its rationale in its closing passage:

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Cannon v. Taylor, 782 F.2d 947 (11th Cir. 1986).

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