Michael Leslie Lake v. Michael Skelton

840 F.3d 1334, 2016 U.S. App. LEXIS 19774, 2016 WL 6518522
Court of Appeals for the Eleventh Circuit·Decided November 3, 2016·No. 15-13124·Published·Cited by 37 cases

Opinions

WILLIAM PRYOR, Circuit Judge:

This interlocutory appeal requires us to decide whether sovereign' immunity bars a complaint for damages against a deputy sheriff who failed to accommodate a dietary request from an inmate in a county jail in Georgia. Michael Leslie Lake requested a vegetarian diet for religious reasons during his pretrial detention. After his jailers denied the request, Lake sued Major Michael Skelton in his official capacity as a deputy sheriff of Cobb County. Lake sought declaratory relief, damages, fees, and costs for violations of the First and Fourteenth Amendments and the Religious Land Use and Institutionalized Persons Act. 42 U.S.C. §§ 1983, 2000cc et seq. The district court denied Major Skelton’s motion for summary judgment against Lake’s claims for damages, and Skelton filed an interlocutory appeal. We conclude that the sovereign immunity of Georgia extends to a deputy sheriff who denies a dietary request of an inmate in a county jail. We reverse the denial of summary judgment against Lake’s claims for damages and remand with an instruction to enter judgment for Skelton on those claims.

I. BACKGROUND

Lake, a Christian, alleges that he made a religious vow in 1997 to abstain from eating meat, animal fats, or gelatin. He also refuses to eat any part of a meal that contains those items or to trade those items for acceptable food. Lake took the vow because he thought it would gain him the friendship of a woman named Leslie.

On November 28,2011, Lake was arrested for contacting Leslie, allegedly in violation of a stalking protective order. He was held without bond at the Cobb County [1335] Adult Detention Center, which is operated by the sheriff of Cobb County. Major Skel-ton served as operational support commander at the Detention Center.

Lake requested a special diet to accommodate his religious vow, but the jailers denied that request, In May 2012, Lake sued Major Skelton. The jailers accommodated Lake’s request on November 29, 2012. Lake was released on July 15, 2013, after the Cobb County Superior Court dismissed all charges against him.

Lake sued Major Skelton in his official and individual capacities. He alleged that Skelton violated the First and Fourteenth Amendments and the Religious Land Use and Institutionalized Persons Act. Lake sought declaratory relief, damages, fees, and costs.

Major Skelton moved for summary judgment. The district court granted summary judgment for Skelton, in his individual capacity, but it denied summary judgment for him in his official capacity on the ground that the sovereign immunity of Georgia did not extend to him. Skelton filed an interlocutory appeal, and we have jurisdiction limited to the issue of his immunity, see Black v. Wigington, 811 F.3d 1259, 1270 (11th Cir. 2016).

II. STANDARD OF REVIEW

We review de novo a summary judgment, including the issue whether the sovereign immunity of a state extends to an official. Purcell ex rel. Estate of Morgan v. Toombs County, 400 F.3d 1313, 1324 n.26 (11th Cir. 2005). We draw all reasonable inferences in favor of the non-moving party, Black, 811 F.3d at 1265, and summary judgment is appropriate “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law,” Fed. R. Civ. P. 56(a).

III. DISCUSSION

A state is immune from a suit for damages in federal court by one of its own citizens, Hans v. Louisiana, 134 U.S. 1, 14-17, 10 S.Ct. 504, 33 L.Ed. 842 (1890), and this sovereign immunity extends to an official when he aqts as an “arm of the State,” Manders v. Lee, 338 F.3d 1304, 1308 (11th Cir. 2003) (en banc) (quoting Mt. Healthy City Sch. Dist. Bd. of Educ. v. Doyle, 429 U.S. 274, 280, 97 S.Ct. 568, 50 L.Ed.2d 471 (1977)). Before our en banc decision in Manders, we applied different tests to determine whéther the sovereign immunity of a state extended to an officer. One test had four factors, see Miccosukee Tribe of Indians of Fla. v. Fla. State Athletic Comm’n, 226 F.3d 1226, 1231 (11th Cir. 2000), and another had three factors, see Shands Teaching Hosp. & Clinics, Inc. v. Beech St. Corp., 208 F.3d 1308, 1311 (11th Cir. 2000). A third test specifically addressed deputy sheriffs and jailers. See Lancaster v. Monroe County, 116 F.3d 1419, 1429 (11th Cir. 1997). In Manders, we established a single test to determine when an official or entity acts as an arm of the state. We first determine “the particular function in which the defendant was engaged when taking the actions out of which liability is asserted to arise.” Manders, 338 F.3d at 1308. We then determine whether the defendant is an “arm of the State” in his performance of the function by considering four factors: “(1) how state law defines the entity; (2) what degree of control the State maintains over the entity; (3) where the entity derives its funds; and (4) who is responsible for judgments against, the entity.” Id. at 1309. In applying these four factors, we evaluate both the [1336] “governmental structure of [the] office visa-vis the State” and the “functions in issue.” Id.

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Michael Leslie Lake v. Michael Skelton, 840 F.3d 1334, 2016 U.S. App. LEXIS 19774, 2016 WL 6518522 (11th Cir. 2016).

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