Cynthia Nichols v. State of Florida

204 F. App'x 826
CourtCourt of Appeals for the Eleventh Circuit
DecidedNovember 6, 2006
Docket05-15485
StatusUnpublished
Cited by7 cases

This text of 204 F. App'x 826 (Cynthia Nichols v. State of Florida) 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
Cynthia Nichols v. State of Florida, 204 F. App'x 826 (11th Cir. 2006).

Opinion

PER CURIAM:

Donna Maynard, Stacey Merritt, Kathy McClenithan, and Lin Pelter (the Defendants) appeal the district court’s order denying their motion to dismiss grounded upon qualified immunity. Because the complaint does not allege facts to support a finding that Defendants were deliberately indifferent to the right to physical safety of foster child, SMN, Defendants are entitled to qualified immunity. Therefore, we reverse the district court’s order and remand with instructions to dismiss the claims against the Defendants individually.

I. BACKGROUND & PROCEDURAL HISTORY

In June of 2000, the Florida Department of Children and Families (DCF) received a report that JK, a ten-year-old male foster child, had sexually molested SMN, a five-year-old male foster child, at the foster home where the two boys shared a bedroom. On June 5, 2004, SMN’s guardian, Cynthia Nichols, filed a complaint in a Florida circuit court against DCF employees Maynard, Merritt, McClenithan, and Pelter in their individual capacities. The complaint, asserting claims under 42 U.S.C. § 1983, alleged that Defendants had violated SMN’s Fourteenth Amendment due process right to physical safety as a dependent child in DCF custody when they placed JK, a sexual abuse victim, in SMN’s home. The suit was removed to the federal district court.

The Defendants filed a Fed.R.Civ.P. 12(b)(6) motion to dismiss asserting that they were entitled to qualified immunity because Plaintiff failed to plead deliberate indifference. The district court granted the motion, but not on qualified immunity grounds, finding that the complaint had failed to make specific allegations about each defendant. Plaintiff filed an amended complaint to which Defendants responded with another motion to dismiss, relying on the same assertions as in their previous motion.

On September 23, 2005, the district court entered an order denying Defendants’ motion to dismiss, holding that because the complaint alleged facts that would support a finding that Defendants were deliberately indifferent, qualified immunity did not bar the suit. The court noted that the complaint alleged that Defendants had knowledge of JK’s history of “sexually acting out,” yet still placed him in the same home as SMN.

II. ISSUE ON APPEAL

Defendants contend that they are entitled to qualified immunity and that the district court erred in denying their motion to dismiss.

III. STANDARD OF REVIEW

We review de novo a district court’s denial of qualified immunity at the motion to dismiss stage. Cottone v. Jenne, 326 F.3d 1352, 1357 (11th Cir.2003). “In reviewing a complaint, we accept all well-pleaded factual allegations as true and construe the facts in the light most favorable to the plaintiff.” Id.

*828 IV. DISCUSSION

A district court must dismiss a complaint under Fed.R.Civ.P. 12(b)(6) when the complaint’s allegations, on their face, show that an affirmative defense bars recovery on the claim. Marsh v. Butler County, 268 F.3d 1014, 1022 (11th Cir. 2001). Once the affirmative defense of qualified immunity is asserted, “[u]nless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” Id. (quoting Mitchell v. Forsyth, 472 U.S. 511, 526, 105 S.Ct. 2806, 2815, 86 L.Ed.2d 411 (1985)). Without such allegations, the district court should grant qualified immunity at the motion to dismiss stage. See Gonzalez v. Reno, 325 F.3d 1228, 1233 (11th Cir.2003). Thus, if Defendants in this case are entitled to qualified immunity, the district court should have granted their motion to dismiss. See, e.g., Cottone, 326 F.3d at 1357.

The parties agree that Defendants were acting within the scope of their discretionary authority as government officials. They also agree that SMN had a clearly established right to physical safety in his foster home. Thus, in determining the question of qualified immunity, the only issue for us to decide is whether the complaint alleges facts that could support a finding that Defendants were deliberately indifferent to SMN’s right to physical safety.

Defendants are not entitled to qualified immunity if they were deliberately indifferent to SMN’s right to physical safety. See Taylor v. Ledbetter, 818 F.2d 791, 797 (11th Cir.1987). As a matter of law, Defendants were deliberately indifferent only if they disregarded a risk of harm of which they were actually aware or they deliberately failed to learn of that risk. Ray v. Foltz, 370 F.3d 1079, 1083-84 (11th Cir. 2004). In order to establish deliberate indifference, the plaintiff must be able to allege and prove at trial that the defendant “(1) was objectively aware of a risk of serious harm; (2) recklessly disregarded the risk of harm; and (3) this conduct was more than merely negligent.” Id. at 1083 (citing McElligott v. Foley, 182 F.3d 1248, 1255 (11th Cir.1999)).

Thus, to determine if Defendants are entitled to qualified immunity, we must examine the complaint to see if it claims that Defendants had actual knowledge of or deliberately failed to discover the serious risk of harm to SMN of the types of injuries he sustained. See Ray, 370 F.3d at 1083-84. The complaint makes two allegations that are central to our review. First, it alleges that Defendants “deliberately and recklessly disregarded adverse information regarding JK’s background of sexually acting out and deliberately ignored the obvious, serious risk of harm JK’s placement ... presented to SMN and the other children” in the foster home. Second, the complaint alleges that Defendants deliberately violated their own department guidelines by placing JK, in an already overcrowded home, in a bedroom with younger children. In support of the first allegation, Plaintiff points to DCF records that indicate that Defendants knew or should have known 1 : (1) JK had sexually acted out in at least five prior foster homes from as early as May of 1996 to September of 1998; (2) in September of 1998, JK “got into bed naked” with one of *829 his foster parents’ natural sons without the parents’ knowledge; and (8) JK

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204 F. App'x 826, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cynthia-nichols-v-state-of-florida-ca11-2006.