Cooper v. Rogers

968 F. Supp. 2d 1121, 2013 WL 4766776, 2013 U.S. Dist. LEXIS 125889
CourtDistrict Court, M.D. Alabama
DecidedSeptember 4, 2013
DocketCase No. 2:11-cv-964-MEF
StatusPublished
Cited by3 cases

This text of 968 F. Supp. 2d 1121 (Cooper v. Rogers) is published on Counsel Stack Legal Research, covering District Court, M.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cooper v. Rogers, 968 F. Supp. 2d 1121, 2013 WL 4766776, 2013 U.S. Dist. LEXIS 125889 (M.D. Ala. 2013).

Opinion

MEMORANDUM OPINION AND ORDER

MARK E. FULLER, District Judge.

This action is brought under 42 U.S.C. § 1983 for constitutional violations of Plaintiff Brittany S. Cooper’s (“Plaintiff” or “Cooper”) Eighth and Fourteenth Amendment rights while she was an inmate at Bullock Correctional Facility in Union Springs, Alabama. Plaintiff seeks declaratory relief and monetary damages [1124]*1124against Defendants Raymond Rogers (“Rogers”), Sheriff of Bullock County and Administrator of the Bullock County Jail, and Officer Curtis Pritchett (“Pritchett”), Chief Administrator of the Bullock County Jail (collectively, “Defendants”). This matter is now before the Court on the Motion for Summary Judgment (Doc. # 35) filed by Defendants on May 1, 2013. Having reviewed the submissions of the parties, the applicable case law, and the record as a whole, the Court finds that Defendants’ motion is due to be GRANTED.

I.JURISDICTION AND VENUE

This Court has subject matter jurisdiction over the claims in this action under 28 U.S.C. §§ 1331 (federal question) and 1343 (civil rights). The parties do not contest personal jurisdiction or venue, and the Court finds adequate allegations in support of both.

II.STANDARD OF REVIEW

Under Rule 56 of the Federal Rules of Civil Procedure, summary judgment is appropriate “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The party asking for summary judgment “always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of ‘the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,’ which it believes demonstrates the absence of a genuine issue of material fact.” Id. at 323, 106 S.Ct. 2548. The movant can meet this burden by presenting evidence showing there is no dispute of material fact, or by showing the nonmoving party has failed to present evidence in support of some element of its case on which it bears the ultimate burden of proof. Id. at 322-23,106 S.Ct. 2548.

Once the moving part has met its burden, the non-moving party must “go beyond the pleadings and by [its] own affidavits, or by the ‘depositions, answers to interrogatories, and admissions on file,’ designate ‘specific facts showing that there is a genuine issue for trial.’ ” Id. at 324, 106 S.Ct. 2548. To avoid summary judgment, the non-moving party “must do more than simply show that there is some metaphysical doubt as to the material facts.” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). On the other hand, a district court ruling on a motion for summary judgment must believe the evidence of the non-movant and must draw all justifiable inferences from the evidence in the non-moving party’s favor. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). After the non-moving party has responded to the motion for summary judgment, the district court must grant summary judgment if there is no genuine dispute of material fact and the moving party is entitled to a judgment as a matter of law. See Fed.R.Civ.P. 56(c).

III.PROCEDURAL HISTORY

On November 14, 2011, this action was removed to federal court from the Circuit Court of Bullock County, Alabama. (Doc. # 2.) Plaintiffs original Complaint asserted claims against Rodgers, Pritchett, and other fictitious parties in their individual and official capacities for violations of her Fourteenth Amendment equal protection and due process rights, deliberate indifference to her serious medical needs in viola[1125]*1125tion of the Eighth Amendment, and a general violation of § 1983. Defendants moved to dismiss Plaintiffs Complaint, and on February 27, 2012, 2012 WL 607663, the Court dismissed the fictitious party claims, all official capacity claims against Rodgers and Pritchett, and the equal protection and § 1983 claims against Rodgers and Pritchett in their individual capacities. (Doc. # 14.) The remainder of Plaintiffs individual claims against Rodgers and Pritchett were dismissed with leave to refile. (Doc. #14.)

On March 7, 2012, Plaintiff filed an Amended Complaint, realleging her Eighth Amendment deliberate indifference claim as well as her Fourteenth Amendment equal protection and due process claims against Rodgers and Pritchett in their individual capacities. (Doc. # 15.) Plaintiff also asserted an individual claim against Rodgers and Pritchett for “Violation of State Law,” referencing § 14-6-19 of the Alabama Code. (Doc. # 15.) Defendants moved to dismiss Plaintiffs Amended Complaint, and on June 6, 2012, 2012 WL 2050577, the Court dismissed Plaintiffs Fourteenth Amendment due process claim, as well as her state law claim under Ala.Code § 14-6-19. (Doc. #21.) Only Plaintiffs Eighth Amendment deliberate indifference claim (Count I) and her Fourteenth Amendment equal protection claim (Count II) are left pending before the Court. (Doc. # 21.)

Defendants have moved for summary judgment on Plaintiffs remaining claims. (Doc. # 35.) As to Plaintiffs Eighth Amendment claim, Defendants reassert their entitlement to qualified immunity,1 arguing that the undisputed evidence demonstrates that they did not act with deliberate indifference towards Plaintiffs serious medical needs. (Doc. #35.) As to Plaintiffs Fourteenth Amendment claim, Defendants argue that Plaintiff failed to present sufficient evidence of disparate treatment. (Doc. # 35.) Plaintiff opposes summary judgment as to her Eighth Amendment claim, but concedes that her Fourteenth Amendment claim fails as a matter of law. The Court will address these arguments in turn below.

IV. FACTS

The Court has carefully considered the submissions of the parties in support of and in opposition to the motion. The submissions of the parties, viewed in the light most favorable to Plaintiff, as the non-moving party, establish the following material facts:

In 2007, Plaintiff was convicted of theft of property in the first degree and sentenced to ten years in prison, plus five years probation. Plaintiff was immediately placed on probation following this conviction.

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968 F. Supp. 2d 1121, 2013 WL 4766776, 2013 U.S. Dist. LEXIS 125889, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cooper-v-rogers-almd-2013.