Judson Wilson v. City of Montgomery

552 F. App'x 970

• Court: Court of Appeals for the Eleventh Circuit
• Decided: January 27, 2014
• Docket: 12-16361
• Status: Unpublished

Opinion

PER CURIAM:

In December 2006, Appellant Judson Wilson was a student at Capital Heights Junior High School, where Corporal Billy Gene Doss, an officer with the City of Montgomery, Alabama, Police Department served as a School Bureau Officer. That month, Doss sexually abused Wilson in his office at the school. Doss resigned from the department, confessed to his crimes, and pleaded guilty. Wilson brought this suit alleging that officers in Doss’s chain of command, the city risk manager John Car-nell, Doss, and the City are liable under federal and state law for the sexual abuse. The City and its employees moved for summary judgment, which the district court granted.

This court reviews the district court’s grant of summary judgment de novo. Brooks v. Cnty. Comm’n of Jefferson Cnty., 446 F.3d 1160, 1161 (11th Cir.2006). In considering the motion for summary judgment, the relevant inquiry is whether the movant is entitled to judgment as a matter of law, based on the record evidence and the inferences therefrom. Fed. R.Civ.P. 56(c). The court construes all evidence and reasonable inferences in the light most favorable to the nonmovant, here, Wilson. Brooks, 446 F.3d at 1162. Summary judgment is appropriate if the record evidence, so construed, raises no genuine issue of material fact. Fed. R.Civ.P. 56(c).

After reviewing the record, reading the parties’ briefs, and having the benefit of oral argument, we affirm the district court’s grant of summary judgment in favor of the City and its employees based upon the well-reasoned memorandum opinion and order of the district court filed on November 21, 2012.

AFFIRMED.