Miller v. Anderson

594 F. Supp. 640, 1984 U.S. Dist. LEXIS 23129
CourtDistrict Court, N.D. West Virginia
DecidedOctober 2, 1984
DocketCiv. A. No. 83-0351-E(K)
StatusPublished

This text of 594 F. Supp. 640 (Miller v. Anderson) is published on Counsel Stack Legal Research, covering District Court, N.D. West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Miller v. Anderson, 594 F. Supp. 640, 1984 U.S. Dist. LEXIS 23129 (N.D.W. Va. 1984).

Opinion

MEMORANDUM OPINION

KIDD, District Judge.

On December 22, 1983, the plaintiffs filed their complaint in this matter pursuant to 42 U.S.C. § 1981, 1983, 1986, 1988, and the Fourth, Fifth, Eighth, and Fourteenth Amendments to the Constitution of the United States. Jurisdiction is based upon 28 U.S.C. § 1331 and 1343(a)(1) through (4). Plaintiffs further invoke the pendent jurisdiction of this Court to consider claims arising under state law.

On August 13, 1984, the defendant, Fred Gaudet, individually and in his official capacity as Sheriff of Upshur County, West Virginia, filed his motion for summary judgment and memorandum in support. On August 28, 1984, the plaintiffs filed their motion in opposition to the defendant Fred Gaudet’s motion for summary judgment.

Counts One, Two, Three, and Four of plaintiffs’ complaint allege that the defendant, Fred Gaudet, Sheriff of Upshur County, “failed to adequately train, supervise, discipline, or in any other way control the aforesaid agents and employees in the exercise of the police functions.” The law is clear that a sheriff cannot be held liable under the doctrine of respondeat superior for civil rights violations committed by his deputy. Baskin v. Parker, 602 F.2d 1205 (5th Cir.1979). See also Campbell v. Bergeron, 486 F.Supp. 1246 (DC La.1980).

In Wanger v. Bonner, 621 F.2d 675, (5th Cir.1980), the court cited Baskin v. Parker, 602 F.2d 1205 (5th Cir.1979) regarding vicarious liability.

[1] In Baskin this court held that a sheriff could not be held liable under 42 U.S.C. § 1983 for the unlawful actions of his deputies on the basis of vicarious liability. Id. at 1207-08. The plaintiffs could, however, recover damages from the sheriff if he actively participated in the actions causing the deprivation of the plaintiffs’ constitutional rights. Id. at 1208. Subsequent to Baskin, a plaintiff seeking to impose liability upon a supervisory official for the acts of his subordi[642]*642nates must show that the official was personally involved in the activities resulting in the deprivation of the plaintiffs’ constitutional rights. Watson v. Interstate Fire & Casualty Co., 611 F.2d 120, 122 (5th Cir.1980). He must establish a causal connection between an act of the supervisory official and the alleged constitutional violation. Henzel v. Gerstein, 608 F.2d 654 (5th Cir.1979).

Wanger also held that a sheriff could not be held liable under 42 U.S.C. § 1983 for failure to adopt policies to prevent constitutional violations on the part of his deputies.

However, some courts have held that failure to adequately train subordinate officers is a sufficient basis for liability. Dewell v. Lawson, 489 F.2d 877 (10th Cir.1974). In Owens v. Haas, 691 F.2d 1242 (2nd Cir.1979) the court ruled that gross negligence or a deliberate indifference to training and supervision would be a proper basis for liability against a county. Certainly supervisory officials could be held liable under.the same standard. It has been held that simple negligence was not sufficient to support the liability of supervisory officials for inadequate training, supervision and control of subordinates. Hays v. Jefferson County, 668 F.2d 869 (6th Cir.1982). In Wilson v. Beebe, 612 F.2d 275 (6th Cir.1980), the court found no liability existed for the failure to train a subordinate in the proper procedure to follow while making arrests. The Fourth Circuit Court of Appeals in Wellington v. Daniels, 717 F.2d 932 (4th Cir.1983), has held that:

... a failure to supervise gives rise to § 1983 liability, however, only in those situations in which there is a history of widespread abuse. Only then may knowledge be imputed to the supervisory personnel. See Bowen v. Watkins, 669 F.2d 979, 988-89 (5th Cir.1982). See Also McLaughlin v. City of LaGrange, 662 F.2d 1385, 1388 (11th Cir.1981), cert. denied, 456 U.S. 979, 102 S.Ct. 2249, 72 L.Ed.2d 856 (1982).

The Court went on to hold that:

A single act or isolated incidents are normally insufficient to establish supervisory inaction upon which to predicate § 1983 liability. See Berry v. McLemore, 670 F.2d 30 (5th Cir.1982); Avery v. County of Burke, 660 F.2d [111] at 114 [(4th Cir.1981)]; Orpiano v. Johnson, 632 F.2d 1096 (4th Cir.1980), cert. denied, 450 U.S. 929, 101 S.Ct. 1387, 67 L.Ed.2d 361 (1982). Cf. Owens v. Haas, 601 F.2d at 1246 (even an individual act of brutality by a county employee may be the basis for municipal liability where it arises from a municipal policy of inadequate training “so grossly negligent as to constitute ‘deliberate indifference.’ ”).

In this instance, the defendant, Sheriff Gaudet, submitted an affidavit in support of his motion for summary judgment. Sheriff Gaudet’s affidavit indicates that Deputy Anderson has been employed for seven (7) years in the field of law enforcement and has had no reprimand or disciplinary action taken against him. Further, the Sheriff’s affidavit details that Deputy Anderson attended Basic Police School at the State Police Academy for ten weeks in 1977 as well as various other training seminars and schools,1 and meets the minimum entry level law enforcement qualification and training program requirements promulgated pursuant to Chapter 30, Article 29 of the West Virginia Code as amended.

[643]

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Related

Larry T. Wilson v. Thomas L. Beebe
612 F.2d 275 (Sixth Circuit, 1980)
Earl Berry v. Jimmy McLemore
670 F.2d 30 (Fifth Circuit, 1982)
Allen v. Fidelity and Deposit Co. Of Maryland
694 F.2d 716 (Fourth Circuit, 1982)
Mozingo v. Barnhart
285 S.E.2d 497 (West Virginia Supreme Court, 1981)
State v. Williams
295 S.E.2d 493 (Court of Appeals of North Carolina, 1982)
Kroes v. Smith
540 F. Supp. 1295 (E.D. Michigan, 1982)
Thomas v. Talesky
554 F. Supp. 1377 (N.D. Illinois, 1983)
Campbell v. Bergeron
486 F. Supp. 1246 (M.D. Louisiana, 1980)
Allen v. Fidelity & Deposit Co. of Md.
515 F. Supp. 1185 (D. South Carolina, 1981)
Diamond v. Coleman
395 F. Supp. 429 (S.D. Georgia, 1975)
Dewell v. Lawson
489 F.2d 877 (Tenth Circuit, 1974)
Tanner v. McCall
625 F.2d 1183 (Fifth Circuit, 1980)
Orpiano v. Johnson
632 F.2d 1096 (Fourth Circuit, 1980)

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Bluebook (online)
594 F. Supp. 640, 1984 U.S. Dist. LEXIS 23129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-anderson-wvnd-1984.