Dick v. Watonwan County

738 F.2d 939
Court of Appeals for the Eighth Circuit·Decided July 11, 1984·No. No. 83-1633·Published·Cited by 26 cases

Opinion

ARNOLD, Circuit Judge.

Alexander and Irene Dick brought this action under 42 U.S.C. § 1983 (1982) against Watonwan County, Minnesota, the Tri-County Human Services Board (TriCounty or the Board), and several employees of the Board. The jury found that the involuntary commitment of the Dicks on the complaint of Tri-County employees Deborah Hunter and Jerry Ruppert deprived them of their liberty without due process of law. The jury also found that William Schutt, another Tri-County employee, failed to train or supervise Hunter and Ruppert, and that Schutt’s failure to train or supervise was part of a policy or custom of Tri-County. The District Court entered judgment on those findings. The District Court also ruled, as a matter of law, that Hunter’s and Ruppert’s conduct in seeking to initiate commitment proceedings against the Dicks based on unverified information from a minor child was in accordance with a policy of Tri-County, and that Watonwan County was liable under State law for any wrong done by Tri-County.

After the District Court’s decision, TriCounty paid or settled the judgment entered against it and its employees in favor of the Dicks. Therefore, Tri-County and its employees have not appealed. Watonwan County does appeal, however, and the controversy is still a live one because Tri[941] County has an action pending in a state court to recover from Watonwan the amount it paid to the plaintiffs. Watonwan contends principally (1) that under Minnesota law it is not responsible for Tri-County’s acts, and (2) that in any case Tri-County had no official policy that could render it liable under § 1983 for the acts of its employees. We agree with the second contention and reverse on that basis without reaching the first.

I.

The facts of this case are detailed in the District Court’s opinion, 562 F.Supp. 1083 (D.Minn.1983). We summarize them briefly-

The Tri-County Board was created under a Minnesota statute by Watonwan, Faribault, and Martin Counties. The Board operates the Tri-County Human Services Department, which provides social services, including chemical-dependency treatment. During the relevant period, Schutt was the supervisor of the Department, and he, Hunter, and Ruppert served as social workers within Watonwan County.

Valerie Dick, a fifteen-year-old ninth grader and the plaintiffs’ daughter, told Ms. Maureen McCarthy, the school counsel- or, on numerous occasions throughout the fall of 1980 of bad incidents at home caused by her parents’ drinking. She described an atrocious home life due to her parents’ alleged alcoholic consumption. On December 4, 1980, Valerie told the counsel- or that she could not take it any longer. Ms. McCarthy called Tri-County and spoke with Deborah Hunter. Hunter and Ruppert interviewed Valerie, then took her to the county attorney, Daniel A. Birkholz. Birkholz also questioned Valerie and decided that it would be appropriate to apply to a court for commitment of Valerie’s parents. Petitions for judicial commitment were prepared, and Hunter signed them. The County Court issued orders to apprehend the Dicks. Valerie’s story was not corroborated.

On December 5, 1980, Alexander and Irene Dick were seized and imprisoned for three days in a “Detoxification Center” and were charged with being “inebriates.” The Dicks were sober when they were picked up. Their cases were dismissed six months later. It was later established that Valerie had fabricated her entire story, driven by a desire to be put in a foster home in the hope that she could “get away with a lot more.”

II.

In Monell v. Department of Social Services of the City of New York, 436 U.S. 658, 690, 98 S.Ct. 2018, 2035, 56 L.Ed.2d 611 (1978), the Supreme Court held:

Local governmental bodies ... can be sued directly under § 1983 for monetary, declaratory, or injunctive relief where, as here, the action alleged to be unconstitutional implements or executes a policy statement, ordinance, regulation, or decision officially adopted and promulgated by that body’s officers.

But “a municipality cannot be held liable solely because it employs a tortfeasor — or, in other words, a municipality cannot be held liable under § 1983 on a respondeat superior theory.” Id. 436 U.S. at 691, 98 S.Ct. at 2036 (emphasis in original). Rather, the governmental unit is responsible

when execution of [its policy] or custom, whether made by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy, inflicts the injury____

436 U.S. at 694, 98 S.Ct. at 2037.

The Dicks may have been treated shabbily by the Board’s employees in this case, but that is not enough to create liability on the part of the Board itself. The District Court held as a matter of law that Hunter’s and Ruppert’s acts in relying on the unsubstantiated word of a fifteen-year-old girl were a policy of Tri-County. The court made that finding based on the following testimony from William Schutt:

Q Was it within the policy of the TriCounty Human Services Department for someone such as Jerry Ruppert and Deb Hunter, to get out a petition for an invol[942] untary confinement of someone like Alexander and Irene Dick on nothing more than the word of a 15-year-old child?
A It was within their authority to take the information to the county attorney, yes, information that they had.
Q And seek confinement of the 15-year-old child’s parents?
A If that was appropriate, yes.
Q That was within the scope of procedures that you had established, was it not?
A Yes.
THE COURT: Were you the top official in this particular area that we are talking about here in the Tri-County group?
THE WITNESS: In that particular area, yes.
Q Mr. Schutt, wasn’t it left completely by yourself as a matter of policy, within the discretion of the individual worker, as to whether or not it was appropriate to consult with other adult kindred, such as, in this case, Homer and Irene Young—
A Yes.
Q —before getting out a petition for involuntary commitment of parents, such as Alexander and Irene Dick?
A Yes.

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Dick v. Watonwan County, 738 F.2d 939 (8th Cir. 1984).

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