Flowers v. Patrick

869 F. Supp. 2d 1331, 2012 U.S. Dist. LEXIS 87153, 2012 WL 2380172
CourtDistrict Court, M.D. Alabama
DecidedJune 25, 2012
DocketCase No. 1:11-CV-1099-MEF
StatusPublished
Cited by4 cases

This text of 869 F. Supp. 2d 1331 (Flowers v. Patrick) 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
Flowers v. Patrick, 869 F. Supp. 2d 1331, 2012 U.S. Dist. LEXIS 87153, 2012 WL 2380172 (M.D. Ala. 2012).

Opinion

Memorandum Opinion and Order

MARK E. FULLER, District Judge.

I. Introduction

The Town of Newton, Alabama-one of the defendants in this case—has moved to dismiss (Doc. # 5) the claims the plaintiff, Daniel Flowers (“Flowers”), has filed against it in this case. In response, Flowers filed a brief (Doc. # 16) contesting the Defendant’s motion. Flowers response failed to sufficiently clarify his complaint to warrant it going forward. For the reasons discussed below, the Defendant’s motion to dismiss is due to be GRANTED and claims against the Town of Newton DISMISSED without prejudice.

II. Jurisdiction and Venue

The Court exercises subject-matter jurisdiction over this case pursuant to 28 U.S.C. § 1331 (federal question) and § 1345 (civil rights). The parties do not contend that the Court lacks personal jurisdiction over them, nor do they dispute that venue is proper under 28 U.S.C. § 1391(b). The Court finds there are adequate allegations supporting both.

III. Legal Standard

A motion to dismiss mainly tests the legal sufficiency of the complaint. Fed.R.Civ.P. 12(b)(6). It does not delve into disputes over the proof of the facts alleged-such a crucible is reserved for the summary judgment stage. With this in mind, the Court accepts as true all wellpled factual allegations in the complaint, viewing them in the light most favorable to the plaintiff. Pielage v. McConnell, 516 F.3d 1282, 1284 (11th Cir.2008); Am. United Life Ins. Co. v. Martinez, 480 F.3d 1043, 1057 (11th Cir.2007). And while a court typically keeps its motion to dismiss inquiry within the four corners of the complaint, the Court may nonetheless consider an outside document when it is undisputed and central to the plaintiffs claims. Speaker v. U.S. Dep’t of Health & Human Servs., 623 F.3d 1371, 1379-80 (11th Cir.2010). The Court will grant a motion to dismiss “when, on the basis of a dispositive issue of law, no construction of the factual allegations will support the cause of action.” Marshall Cnty. Bd. of Ed. v. Marshall Cnty. Gas Dist., 992 F.2d 1171, 1174 (11th Cir.1993).

Avoiding dismissal requires compliance with some minimal pleading standards. Indeed, although a plaintiffs complaint generally need only contain “a short and plain statement of the claim showing that the pleader is entitled to relief,” Fed.R.Civ.P. 8(a)(2), the plaintiff must still allege “enough facts to state a claim to relief that is plausible on its face.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570, 127 S. Ct. 1955, 167 L.Ed.2d 929 (2007). “[A] [1334]*1334claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1950, 173 L.Ed.2d 868 (2009). The plaintiff must provide “more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Twombly, 550 U.S. at 559, 127 S.Ct. 1955. Nor does it suffice if the pleadings merely leave “open the possibility that a plaintiff might later establish some set of undisclosed facts to support recovery.” Id. at 561, 127 S.Ct. 1955.

IY. Background

As this is an Order on a motion to dismiss, the following facts, which the Court accepts as true at this stage of the proceedings, come from the allegations in Flowers’s complaint.

On the 3rd of January, 2010 Plaintiff Daniel Flowers pulled into the driveway of his residence. (Compl. # 1 ¶ 4 (Doc. # 1).) There was no indication that Flowers had violated any traffic laws. (Id.) After pulling into his driveway, one of the defendants, Officer Patrick, an employee of the Town of Newton, rammed into the back of Flowers’s car. (Compl. #1 ¶ 5.) Officer Patrick’s car became wedged under the bumper of Flowers’s car. (Id.) As Flowers attempted to exit the car under his own strength, Officer Patrick approached and grabbed Flowers. (Compl. #1 ¶ 6.) After pulling Flowers from the car, Officer Patrick slammed Flowers to the ground, kneed him in the back, and dragged him across the ground. (Id.) Patrick never asked Flowers for his driver’s license or told him why he was being stopped. (Id. at ¶ 7.) Flowers received a number of scrapes to his face. (Id. at ¶ 6) Flowers seeks $3,000 in medical bills and expenses for his alleged facial disfigurement, in addition to loss of earnings, pain and suffering, temporary disability, and loss of enjoyment of life. (Id. at ¶ 7.)

Flowers also alleges that, because of Officer Patrick’s employment history, the Town of Newton was on notice that Patrick was likely to use excessive force as he did against Flowers. (Compl. # 1 ¶ 11.) To this end, Flowers claims that the Town of Newton breached a duty to him to hire, train, and supervise Patrick appropriately. (Compl. # 1 ¶¶ 12-13.)

V. Discussion

The question before the Court is whether Flowers has pled sufficient facts to state a claim for municipal liability against the Town of Newton. The Court concludes that the motion to dismiss is to be GRANTED and Plaintiffs claims against the Town of Newton DISMISSED without prejudice as set out more fully in this order.

A. Failure to train and supervise

“The Supreme Court has placed strict limitations on municipal liability under § 1983.” Gold v. City of Miami, 151 F.3d 1346, 1350 (11th Cir.1998). Unlike corporations or other employers, municipalities do not usually answer for the acts of their agents in tort. See, e.g., Monell v. Dep’t of Social Servs., 436 U.S. 658, 691, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). But this rule has an exception: a municipality may incur liability for the actions of a police officer when it promulgates an “official policy” that causes a constitutional violation. See id. at 694-94, 98 S.Ct. 2018; Gold, 151 F.3d at 1350. To press a claim under § 1983 against a municipality, “a plaintiff must show: (1) that his constitutional rights were violated; (2) that the municipality had a custom or policy that constituted deliberate indifference to that constitutional right; and (3) that the policy or custom caused the violation.” McDowell v. Brown, 392 F.3d 1283, 1289 (11th Cir.2004).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
869 F. Supp. 2d 1331, 2012 U.S. Dist. LEXIS 87153, 2012 WL 2380172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flowers-v-patrick-almd-2012.