Elaine Deaton v. Montgomery County, Ohio

989 F.2d 885, 1993 U.S. App. LEXIS 6664, 1993 WL 92442
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 1, 1993
Docket92-3302
StatusPublished
Cited by399 cases

This text of 989 F.2d 885 (Elaine Deaton v. Montgomery County, Ohio) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Elaine Deaton v. Montgomery County, Ohio, 989 F.2d 885, 1993 U.S. App. LEXIS 6664, 1993 WL 92442 (6th Cir. 1993).

Opinions

LAMBROS, Chief District Judge.

This case requires this court to determine whether a county, which contracts with a municipality to manage and operate its jail facilities and temporarily house county prisoners, may be held liable under 42 U.S.C. § 1983 for constitutional deprivations resulting from custom, policy or practice of the municipality. Furthermore, we must determine whether a county ratified the unconstitutional conduct of a municipality, to which care of county prisoners has been delegated, if the county knew or should have known of such conduct but failed to take steps to protect its prisoners temporarily housed in a facility operated by the municipality.

Plaintiffs appeal from an order denying their motion for summary judgment on the [886]*886issue of liability and granting defendants’ motion for summary judgment. Contrary to plaintiffs’ contention that defendants were deliberately indifferent to plaintiffs’ rights and safety when: 1) defendants failed to ensure that proper procedures would be followed by the staff at the Dayton Human Rehabilitation Center, and 2) defendants failed to take any action after learning of the strip searches, the district court held that the County may assume that the Municipality operates the facility in accordance with state law and such an assumption does not amount to deliberate indifference. In addition, the district court held that even if the defendants demonstrated deliberate indifference by failing to act after learning that plaintiffs had been strip searched, this indifference would be the proximate cause of injury to subsequent prisoners, not these plaintiffs.

I

There is little dispute with regard to the facts in this case. On January 13, 1987, the Board of County Commissioners of Montgomery County (hereinafter the County) entered into a lease agreement with the City of Dayton (hereinafter the City) whereby the County would construct and maintain a regional Female Misdemeanant Facility located at the City’s Human Rehabilitation Center, and upon completion, the City agreed to manage and operate the facility. The purpose of this agreement was to alleviate overcrowding at the County Jail. The agreement further provided that:

[t]he City shall hold County free and harmless from any and all liability arising from City’s operation of the Regional Female Facility. County shall hold City free and harmless from any and all liability arising from the ownership of the Regional Female Facility and for the construction of same.

On March 24, 1989, the plaintiffs were arrested in Kettering, Ohio and charged with criminal trespassing for blocking the entrance of an abortion clinic. The plaintiffs were held in Kettering for several hours until they were transported to Montgomery County Jail. The plaintiffs were never booked, housed or otherwise incarcerated while at the County Jail; they were, however, informed that they were being charged with contempt of court for violating an anti-picketing injunction issued by Montgomery County Common Pleas Judge John Meagher.

Because of overcrowding at the County facility, plaintiffs were transported to the Female Misdemeanant Facility at the Dayton Human Rehabilitation Center (hereinafter DHRC). The plaintiffs were held at DHRC for six to eleven days. While incarcerated at the facility, plaintiffs were subjected to at least one strip and/or visual body cavity search by DHRC staff even though the plaintiffs’ conduct was not threatening and the DHRC staff had no reason to suspect that they were a threat to security or that they were carrying contraband. The searches were conducted by City employees without participation from any agent of the County.

Prior to the filing of plaintiffs’ suit, Sheriff Haines of the Montgomery County jail never heard of illegal searches being conducted at DHRC and assumed that the Center was in compliance with Ohio law regarding strip and visual body cavity searches.

On March 22, 1991, plaintiffs filed suit against Montgomery County, Sheriff Gary Haines, individually and as sheriff, the Board of County Commissioners of Montgomery County and ten Jane Does, individually and as Montgomery County jail employees,1 alleging violation of Ohio Revised Code § 2933.32 and violation of plaintiffs' Fourth Amendment rights giving rise to liability under 42 U.S.C. § 1983. Defendants filed an answer on May 13, 1991, followed by a motion for summary judg[887]*887ment filed on July 16, 1991. On January 28, 1992, the district court granted defendants’ motion for summary judgment, denied plaintiffs’ motion for summary judgment and dismissed the state law claims without prejudice.

II

Upon review, this court of appeals is to apply the same test in passing upon an award of summary judgment as that utilized by the trial court to grant the motion. Glenway Industries Inc. v. Wheelabrator-Frye Inc., 686 F.2d 415, 417 (6th Cir.1982) (citing Howard v. Russell Stover Candies, Inc., 649 F.2d 620 (8th Cir.1981)). In other words, summary judgments are reviewed de novo on appeal. Higgins v. E.I. DuPont de Nemours & Co., 863 F.2d 1162, 1166 (4th Cir.1988).

Rule 56(c) of the Federal Rules of Civil Procedure provides for summary judgment where:

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.

See also Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). “[Tjhis standard provides that the mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986) (emphasis in original).

When presented with a summary judgment motion, “the inferences to be drawn from the underlying facts ... must be viewed in the light most favorable to the party opposing the motion.” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986) (quoting United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 993, 8 L.Ed.2d 176 (1962)); see also Gutierrez v. Lynch,

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989 F.2d 885, 1993 U.S. App. LEXIS 6664, 1993 WL 92442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elaine-deaton-v-montgomery-county-ohio-ca6-1993.