Frazier v. City of Norfolk

236 F.R.D. 273, 65 Fed. R. Serv. 3d 700, 2006 U.S. Dist. LEXIS 40159, 2006 WL 1716289
CourtDistrict Court, E.D. Virginia
DecidedJune 16, 2006
DocketAction No. 2:05CV645
StatusPublished
Cited by2 cases

This text of 236 F.R.D. 273 (Frazier v. City of Norfolk) is published on Counsel Stack Legal Research, covering District Court, E.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Frazier v. City of Norfolk, 236 F.R.D. 273, 65 Fed. R. Serv. 3d 700, 2006 U.S. Dist. LEXIS 40159, 2006 WL 1716289 (E.D. Va. 2006).

Opinion

OPINION AND ORDER

REBECCA BEACH SMITH, District Judge.

This matter comes before the court on defendant City of Norfolk’s (“the city”) motion to add parties. For the reasons stated below, the city’s motion is GRANTED.

I. Factual and Procedural History

On October 28, 2005, plaintiff Thomas Frazier (“Frazier”) filed a four-count complaint in this court seeking to hold the city liable and five Norfolk police officers (“the officers”) individually liable under 42 U.S.C. § 1983 for violation of his Fourth Amendment rights and resulting physical injury inflicted by the officers in connection with their arrest of Frazier on November 6, 2003. Frazier claims that the force used in effecting his arrest was unreasonable under the Fourth Amendment and resulted in injury to, and the subsequent removal of, his right eye. See Compl. at 1112.1

On the same date that he filed the federal complaint, Frazier initiated an action in state court alleging excessive force, assault and battery, gross negligence, and conspiracy claims against the officers, seeking damages for the same injury resulting from the same conduct of the officers in effecting Frazier’s November 6, 2003, arrest. See Mot. Add Parties & Br. Supp. at Ex. A (Frazier’s Motion for Judgment filed in the Circuit Court for the City of Norfolk). The city and the Norfolk Police Department were charged in the state action with liability for the injury, under the theory of respondeat superior, but Frazier subsequently nonsuited them from the action. See id. at 3.

Meanwhile, the federal action proceeded against the city only, as Frazier failed to serve the officers with the complaint. On January 9, 2006, the city filed an answer to the complaint, admitting that the Norfolk Police Department is a department of the city, admitting that the officers were acting in their capacity as Norfolk police officers in effecting Frazier’s arrest on November 6, 2003, and denying the allegations in the complaint that the officers violated Frazier’s constitutional rights. See City of Norfolk’s Answer at 11117, 9, 22, 24, 31-33. After this court ordered Frazier, on March 2, 2006, to show cause why the action against the officers should not be dismissed for failure to effect service of the complaint on them, Frazier voluntarily dismissed the action against the officers, by order of the court, entered on March 14, 2006.2

Shortly thereafter, on April 4, 2006, the city filed the instant motion, pursuant to Rule 19(a) of the Federal Rules of Civil Procedure, to bring the officers back in the action as party defendants. In its motion, [275]*275the city claims that the interests of the officers, the city, and judicial efficiency require joinder of the officers as parties in the action. Frazier responded in opposition to the city’s motion on April 18, 2006, outside the time for filing a response to the motion.

III. Analysis

Rule 19 of the Federal Rules of Civil Procedure governs the compulsory joinder of parties. See Fed.R.Civ.P. 19 (2006). Its provisions distinguish between persons who shall be ordered joined as parties under subsection (a), because they can be made parties and their presence in the action is desirable,3 and persons who cannot be made parties and whose presence is regarded as “indispensable” such that it is preferable to dismiss the action under subsection (b) rather than to proceed in their absence.4 See 7 Charles Alan Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice and Procedure § 1604 (3d ed.2001) (asserting that the two subsections of Rule 19 have different purposes: subsection (a) “reflects an affirmative policy of bringing all interested persons before the court,” whereas subsection (b) is designed “to determine whether it is possible to go forward with an action despite the nonjoinder of someone whose presence is desirable but not feasible”); see also Shields v. Barrow, 58 U.S. 130, 139, 17 How. 130, 15 L.Ed. 158 (1854) (distinguishing between “indispensable” persons without whom the action could not proceed and “persons having an interest in the controversy, and who ought to be made parties, in order that the court may act on the rule which requires it to decide on, and finally determine the entire controversy, and do complete justice, by adjusting all the rights involved in it”).

“The inquiry contemplated by Rule 19 is a practical one ... addressed to the sound discretion of the trial court.” See Coastal Modular Corp. v. Laminators, Inc., 635 F.2d 1102, 1108 (4th Cir.1980); see also Teamsters Local Union No. 171 v. Keal Driveaway Co., 173 F.3d 915, 917-18 (4th Cir.1999). In exercising its discretion, the trial court must consider the plaintiffs interest in choosing the parties to the action, the present defendant’s interest, the interest of the potential but absent party, and the public’s interest in complete, consistent, and efficient adjudication of disputes. See Provident Tradesmens Bank & Trust Co. v. Patterson, 390 U.S. 102, 108-11, 88 S.Ct. 733, 19 L.Ed.2d 936 (1968); Shields, 58 U.S at 139; Wright et al., supra § 1602.

Since the officers can be made parties to the action without defeating this court’s jurisdiction, they must be joined as parties if their presence is desirable, within the meaning of Rule 19(a). See supra note 3 (quoting Rule 19(a)). The city contends that Frazier’s pleaded theory of recovery against the city is that the city is liable under Monell v. Department of Social Services of the City of New York, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), for the Fourth Amendment violation and resulting physical injuries directly inflicted by the officers. See 436 U.S. at 694-95, 98 S.Ct. 2018 (holding that municipalities are liable under 42 U.S.C. § 1983 for injury visited by municipal officials if the injury was inflicted pursuant to a municipal policy or custom). The city then claims that the officers have an interest in defending the constitutionality of their own conduct.5 The [276]*276city represents that this interest cannot be adequately protected unless the officers are joined as parties. Frazier responds by minimizing the import of the officers’ conduct to his claim against the city, asserting that the city’s liability under Monell

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236 F.R.D. 273, 65 Fed. R. Serv. 3d 700, 2006 U.S. Dist. LEXIS 40159, 2006 WL 1716289, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frazier-v-city-of-norfolk-vaed-2006.