Jeffers v. Ray County

750 S.W.2d 599, 1988 Mo. App. LEXIS 335, 1988 WL 33704
CourtMissouri Court of Appeals
DecidedApril 12, 1988
DocketNo. WD 39455
StatusPublished

This text of 750 S.W.2d 599 (Jeffers v. Ray County) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jeffers v. Ray County, 750 S.W.2d 599, 1988 Mo. App. LEXIS 335, 1988 WL 33704 (Mo. Ct. App. 1988).

Opinion

BERREY, Judge.

Appeal from the dismissal of respondent, Ray County, in a medical malpractice action. Appellant argues that the court erred in granting respondent’s motion to dismiss because 42 U.S.C. § 1983, circumvented the defense of sovereign immunity and that the defense of the statute of limitations was circumvented by the relation back of the first amended petition to the initial petition filed in the cause by the appellant.

On April 24, 1981, Chris Allen Jeffers and Láveme Marie Jeffers along with their minor son, Chris Allen Jeffers, II, filed a petition alleging professional negligence in the birth delivery of Chris Allen Jeffers II. Named as parties in the initial petition were N.C. Inzerillo, D.O., the attending physician at the birth; N.C. Inzerillo, D.O. and E.W. Ireland, D.O., as partners doing business as the Richmond Family Clinic; Ray County Memorial Hospital and its Board of Trustees, and Richard Davidson in his capacity as Administrator of Ray County Memorial Hospital. On May 3, 1983, appellant filed a first amended petition joining respondent, Ray County, as a party for the first time. Count I of the petition alleged the negligence of Ray County as owner and operator of the hospital in employing N.C. Inzerillo, D.O., and in the failure to provide certain supplies and equipment used in birth deliveries. Count II outlined a § 1983 action against respondent. It was alleged that Ray County was acting under color of state law, “when they engaged in conduct that they knew or should have known would violate the constitutionally protected liberty and property interests of plaintiff Chris Allen Jeffers, II.” Ray County filed a motion to dismiss, stating that the cause of action was barred by sovereign immunity under § 537.600, RSMo 1978, and that the petition failed to state a cause of action under 42 U.S.C. § 1983. Further, it was claimed that the statute of limitations in § 516.130, RSMo 1978, barred Count V of the petition which dealt with the claims of the parents of Chris Allen Jeffers II against Ray County. On September 7, 1983, the trial court sustained respondent’s motion to dismiss.

Appellant first contends that the trial court erred in sustaining the motion made by respondent because 42 U.S.C. § 1983 circumvented the defense of sovereign immunity if it were otherwise applicable. It must be pointed out at the onset that the defense of sovereign immunity is indeed applicable in the instant case. Sovereign immunity was reinstated as a defense against tort liability for public entities by the Missouri legislature in § 537.600, RSMo 1978, as it existed prior to its abrogation in Jones v. State Highway Commission, 557 S.W.2d 225 (Mo. banc 1977). The rule before Jones was that, “[u]nder the cases in this state all persons are barred from maintaining actions against the state and its political subdivisions by the doctrine of governmental immunity, and this includes counties.” Wood v. County of Jackson, 463 S.W.2d 834, 835 (Mo.1971). Since the reinstatement of sovereign immunity, it has been the rule for all public entities subject to certain exceptions. State ex rel. New Liberty Hospital District v. Pratt, 687 S.W.2d 184 (Mo. banc 1985).

No such exceptions can be found in the instant case which would give appellant the ability to penetrate the shield of sovereign immunity surrounding and protecting Ray County. This is a classic medical malpractice action of precisely the type political entities are protected from under the statute. Appellant tries to avoid the application of sovereign immunity by transforming a garden variety negligence action into a § 1983 action. Count II of the first amended petition alleges that Ray County, while acting under color of state law, violated constitutionally protected liberty and property interests of Chris Allen Jeffers, II. Anticipating the sovereign immunity defense, the petition also states that the bar of immunity would result in a denial of due process. On appeal, the appellants argue that the necessary requirements of [601]*601§ 1983 action have been fulfilled and that due process requires relief.

It is certainly true that the United States Supreme Court has held that, “Congress did intend municipalities and other local government units to be included among those persons to whom § 1983 applies.” Monell v. New York City Dept. of Soc. Serv., 436 U.S. 658, 690, 98 S.Ct. 2018, 2035, 56 L.Ed.2d 611 (1978). There are limits, however, on this liability. A municipality may not be held liable under the theory of respondeat superior. Monell v. New York City Dept. of Soc. Serv., supra, 436 U.S. at 691, 98 S.Ct. at 2036. This was made crystal clear when the Court stated, “that a municipality cannot be held liable solely because it employs a tortfeasor.” Id. See also Pembaur v. Cincinnati, 475 U.S. 469, 106 S.Ct. 1292, 89 L.Ed.2d 452 (1986). Indeed, “a governmental entity is liable under § 1983 only when the entity itself is a ‘moving force’ behind the deprivation.” Kentucky v. Graham, 473 U.S. 159, 166, 105 S.Ct. 3099, 3106, 87 L.Ed.2d 114 (1985).

No § 1983 action can be found under the facts of this case. Count II is merely a recitation of what a § 1983 action should contain: (1) that the conduct complained of must have been committed under color of state law; and (2) that the conduct must have deprived a person of rights, privileges or immunities secured by the United States Constitution. Parratt v. Taylor, 451 U.S. 527, 535, 101 S.Ct. 1908, 1912, 68 L.Ed.2d 420 (1981). Beyond these bare allegations there is nothing to support a § 1983 action. Respondent is a county existing under Missouri law. It has established and operates a public hospital. No other basis for liability save these facts has been suggested by appellant. This merely adds up to a claim of vicarious liability which will not support the § 1983 claim. Monell v. New York City Dept. of Soc. Serv., supra, 436 U.S. at 692, 98 S.Ct. at 2036. Appellant fails to point out any facts which would establish Ray Comity as the moving force behind a constitutional violation as prescribed for liability of a government in a § 1983 action. Kentucky v. Graham, supra. See also Polk County v. Dodson, 454 U.S. 312, 326, 102 S.Ct. 445, 454, 70 L.Ed.2d 509 (1981).

Appellant’s Point I is denied.

In its motion to dismiss, Ray County stated that Count V of the first amended petition was barred by the statute of limitations as found in § 516.130, RSMo 1978.

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

Related

Monell v. New York City Dept. of Social Servs.
436 U.S. 658 (Supreme Court, 1978)
Parratt v. Taylor
451 U.S. 527 (Supreme Court, 1981)
Polk County v. Dodson
454 U.S. 312 (Supreme Court, 1981)
Kentucky v. Graham
473 U.S. 159 (Supreme Court, 1985)
Pembaur v. City of Cincinnati
475 U.S. 469 (Supreme Court, 1986)
State Ex Rel. New Liberty Hospital District v. Pratt
687 S.W.2d 184 (Supreme Court of Missouri, 1985)
Wood Ex Rel. Wood v. County of Jackson
463 S.W.2d 834 (Supreme Court of Missouri, 1971)
Jones v. State Highway Commission
557 S.W.2d 225 (Supreme Court of Missouri, 1977)
Home Building Corp. v. Ventura Corp.
568 S.W.2d 769 (Supreme Court of Missouri, 1978)
Beatty v. Metropolitan St. Louis Sewer District
700 S.W.2d 831 (Supreme Court of Missouri, 1985)
Beatty v. Metropolitan St. Louis Sewer District
731 S.W.2d 318 (Missouri Court of Appeals, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
750 S.W.2d 599, 1988 Mo. App. LEXIS 335, 1988 WL 33704, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jeffers-v-ray-county-moctapp-1988.