Larkin v. St. Louis Housing Authority Development Corp.

355 F.3d 1114, 2004 WL 103317
CourtCourt of Appeals for the Eighth Circuit
DecidedJanuary 23, 2004
Docket02-3228
StatusPublished
Cited by2 cases

This text of 355 F.3d 1114 (Larkin v. St. Louis Housing Authority Development Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Larkin v. St. Louis Housing Authority Development Corp., 355 F.3d 1114, 2004 WL 103317 (8th Cir. 2004).

Opinion

WOLLMAN, Circuit Judge.

Jeanette Larkin (Larkin) appeals from the district court’s 1 entry of summary judgment in favor of the St. Louis Housing Authority Development Corporation (Authority). We affirm.

I.

This case arises out of the shooting death of Mauritius Larkin (Mauritius) by *1116 Authority armed security guard John Johnson (Johnson) on the grounds of Cochran Gardens, an Authority housing project. Larkin, Mauritius’s mother, sued under 42 U.S.C. § 1983, alleging that the Authority violated Mauritius’s due process rights through its policy of failing adequately to train its security guards.

A. The August 16, 1999, Incident

On the evening of August 16, 1999, Johnson was on duty at the Cochran Gardens complex. He and another security guard responded to a call from a third guard informing them that a fight was in progress in the courtyard and requesting that they assist him in dispersing the crowd. At the time of the incident, Johnson wore his uniform and utility belt and he carried his standard-issue handcuffs and .38 caliber Smith & Wesson revolver.

The three security guards approached the assembled group. At this point, accounts of what happened vary greatly. The guards stated that a fight was underway; that Mauritius and Johnson struggled when Johnson attempted to separate some of the combatants; that Mauritius repeatedly stuck Johnson; that Mauritius reached for Johnson’s gun and Johnson resisted; and that during the struggle over the gun, Johnson shot and killed Mauritius. Other witnesses stated that Mauritius and the others allegedly involved in the fight were actually just “play boxing” and that Johnson shot Mauritius without justification simply because Mauritius would not follow Johnson’s directions.

St. Louis police took statements from the security guards and numerous other witnesses. Johnson was taken into custody and later pled guilty to voluntary manslaughter. At his plea hearing, he admitted that he “knowingly or with the purpose to cause serious physical injury to Mauritius Larkin, caused his death by shooting him.”

B. The Authority Training Policy

Johnson began his employment as a security guard at the Cochran Gardens complex in 1996. In 1998, the Authority took over control of Cochran Gardens and Johnson became an Authority employee. At the time of the incident, Johnson was a armed security guard, having been licensed by the St. Louis City or County Police Departments since 1993. 2

At the time of the incident, the Authority employed only off-duty police officers and licensed armed security guards. The Authority did not require or provide additional training for its guards. Johnson had no other training than that which he received when initially licensed and when he periodically renewed his license.

Johnson received his license after taking a three-day course, which included both classroom and firearms training and testing. At the time of this initial training, and with each renewal of his license, Johnson received a copy of the licensing authority’s rules and regulations for security guards, which outlines the duties and powers of private security guards. The rules and regulations incorporate the Missouri regulation governing the use of deadly force by security guards, which states that a security guard may discharge his firearm only when necessary to defend himself or another person from death or serious bodily injury when attacked.

II.

We review de novo the district court’s grant of summary judgment, viewing the *1117 facts in a light most favorable to the non-moving party: in this case, Larkin. Thompson v. Hubbard, 257 F.3d 896, 898 (8th Cir.2001). Summary judgment is appropriate where there is no genuine issue as to any material fact such that the moving party is entitled to judgment as a matter of law. Id.

The Authority can be liable under Section 1983 for constitutional violations resulting from its failure adequately to train its employees, City of Canton v. Harris, 489 U.S. 378, 380, 109 S.Ct. 1197, 103 L.Ed.2d 412 (1989); S.J. v. Kansas City Public School Dish, 294 F.3d 1025, 1029 (8th Cir.2002), if the failure to train rises to the level of “deliberate indifference” to the people’s rights. S.J., 294 F.3d at 1029 (quoting Thelma D. ex. rel. Delores A. v. Board of Educ., 934 F.2d 929, 934 (8th Cir.1991)). For her claims to survive a motion for summary judgment, Larkin must provide evidence that the Authority was on notice that its training procedures “were inadequate and likely to result in violation of constitutional rights.” Id. (quoting Thelma D., 934 F.2d at 934). If on notice of the inadequacy, the Authority’s failure to address it amounts to deliberate indifference. There are two ways Larkin may prove notice. First, she may show that the failure to train “is so likely to result in a violation of constitutional rights that the need for training is patently obvious.” Id. (quoting Thelma D., 934 F.2d at 934). Second, she may show that “a pattern of misconduct indicates that the [Authority’s] responses to a regularly recurring situation are insufficient to protect the [people’s] constitutional rights.” Id. (quoting P.H. v. School Dist. of Kansas City, 265 F.3d 653, 660 (8th Cir.2001)).

We are concerned with the Authority’s training policy, not with how Johnson absorbed the training. “That a particular officer may be unsatisfactorily trained will not alone suffice to fasten liability on the [Authority], for the officer’s shortcomings may have resulted from factors other than a faulty training program. It may be, for example, that an otherwise sound program has occasionally been negligently administered.” City of Canton, 489 U.S. at 390-91, 109 S.Ct. 1197 (internal citations omitted). “The issue in a case like this one ... is whether the training program is adequate;' and if it is not, the question becomes whether such inadequate training can justifiably be said to represent ‘city policy.’ ” Id. at 390, 109 S.Ct. 1197. We must focus “on the adequacy of the training program in relation to the tasks ’ the particular officers must perform.” Id.

In ruling on the motion for summary judgment, the district court assumed that a constitutional violation had occurred. It then turned to the question whether the assumed violation was the result of an inadequate training policy.

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Bluebook (online)
355 F.3d 1114, 2004 WL 103317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/larkin-v-st-louis-housing-authority-development-corp-ca8-2004.