Ponce v. Sedgwick County, Kansas, Board of County Commissioners

CourtDistrict Court, D. Kansas
DecidedMarch 31, 2025
Docket6:24-cv-01124
StatusUnknown

This text of Ponce v. Sedgwick County, Kansas, Board of County Commissioners (Ponce v. Sedgwick County, Kansas, Board of County Commissioners) is published on Counsel Stack Legal Research, covering District Court, D. Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ponce v. Sedgwick County, Kansas, Board of County Commissioners, (D. Kan. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

ELIZABETH A. PONCE, CONSOLIDATED CASES

Plaintiff, v. Case No. 24-1124-EFM

SEDGWICK COUNTY, KANSAS, BOARD OF COUNTY COMMISSIONERS, et al.,

Defendants.

ISABEL D. MARTIN,

Plaintiff, v. Case No. 24-1125-EFM

SEDGWICK COUNTY, KANSAS, BOARD OF COUNTY COMMISSIONERS, et al.,

MEMORANDUM AND ORDER Plaintiffs Elizabeth Ponce and Isabel Martin bring separate but identical suits against Defendants Sedgwick County Kansas Board of County Commissioners (“BOCC”); the Sheriff of Sedgwick County, Jeff Easter; and Dustin Burnett, former Detention Deputy at the Sedgwick County Adult Detention Facility (“SCADF”). Plaintiffs bring claims under 42 U.S.C. § 1983 and Kansas state law stemming from their allegations that they were sodomized and raped by Defendant Burnett while in custody at the SCADF. Plaintiffs’ cases were consolidated for discovery.1 Ms. Ponce’s is the lead case for consolidation. Before the Court are three pairs of motions. Except for the captions, the motion pairs are nearly identical. As such, the Court will issue one order addressing the three pairs. Defendant Burnett filed Motions to Dismiss.2 Defendant Sheriff Easter filed Motions for Partial Judgment on

the Pleadings.3 And Defendant BOCC filed Motions to Dismiss.4 For the reasons stated herein, the Court denies Burnett’s motions to dismiss, grants in part and denies in part Sheriff Easter’s motions for judgment on the pleadings, and grants the BOCC’s motions to dismiss. I. Factual and Procedural Background A. Parties Plaintiffs were inmates at the SCADF. Burnett was employed as a Detention Deputy at the SCADF during the relevant timeframe. Defendant Sheriff Easter is the Sheriff of Sedgwick County and is responsible for operating the SCADF, including hiring, training, and supervising its deputies and employees. Defendant BOCC is a political subdivision of the State of Kansas in Sedgwick County.

B. Factual Allegations On the morning of July 17, 2022, Martin was in Ponce’s cell at the SCADF. Burnett entered Ponce’s cell and demanded that both Plaintiffs perform sexual acts upon him. Although Plaintiffs attempted to reject Burnett’s advances, they did not feel that they could tell Burnett “no” because

1 Ponce’s case number is 24-1124 and Ms. Martin’s is 24-1125. 2 Doc. 14 in Case no. 24-1124 and Doc. 16 in Case no. 24-1125. 3 Doc. 17 in Case no. 24-1124 and Doc. 19 in Case no. 24-1125. 4 Doc. 18 in Case no. 24-1124 and Doc. 20 in Case no. 24-1125. he was in uniform, he was in a position of power, and they were trapped inside the cell. Burnett forcefully grabbed Ponce and repeatedly sodomized her. Next, he did the same to Martin. A commotion nearby interrupted Burnett, and he left the cell. Throughout that same morning, Burnett sexually harassed Plaintiffs and told them he would visit Ponce’s cell that afternoon. Around 2:30 that afternoon, Burnett entered Ponce’s cell

and cornered Martin. Burnett stated that he was “going to finish” by having vaginal sex with her. Martin responded that she was on her period, whereupon Burnett re-sodomized Martin. After about a minute, he stopped and turned his attention to Ponce. He forcefully grabbed Ponce and vaginally raped her. These were not Burnett’s only acts of misconduct while employed as a Detention Deputy. Plaintiffs are aware that he discussed with another inmate that he was under a Prison Rape Elimination Act (“PREA”) investigation for making sexual comments to an inmate. Those comments were made just eight days before he sodomized and raped Plaintiffs. Burnett also witnessed male inmates make a hole in a window to smuggle contraband into the SCADF, but he

did not stop or notify other deputies of the situation. He even observed inmates in possession of contraband, but did not take any action or notify other deputies. After these failures were discovered, Burnett was arrested for Attempted Traffic of Contraband into a Penal Institution, Conspiracy to Traffic Contraband into a Penal Institution, and Official Misconduct on July 20, 2022. Shortly thereafter, he was also charged with the assaults against Plaintiffs. C. Procedural History On July 16, 2024, Plaintiffs filed separate, but nearly identical, Complaints against Defendants. In Count I, Plaintiffs assert a claim against Defendant Burnett in his official and individual capacity under 42 U.S.C. § 1983, alleging that he violated their Eighth and Fourteenth Amendment rights by subjecting them to rape, sodomy, sexual assault, and abuse while confined in the SCADF. In Count II, Plaintiffs assert a claim against Sheriff Easter and the BOCC under 42 U.S.C. §1983, alleging that they were deliberately indifferent to Plaintiffs’ Eighth and Fourteenth Amendment rights when they failed to adequately screen, hire, train, and supervise Burnett. In

Count III, Plaintiffs assert a Monell claim under 42 U.S.C. § 1983, alleging that Sheriff Easter and the BOCC maintain polices, practices, or customs that demonstrate a deliberate indifference to Plaintiffs’ rights. In Count IV, Plaintiffs bring a negligent hiring, retention, and supervision claim against Sheriff Easter and the BOCC under Kansas state law. In Count V, Plaintiffs assert a negligence per se claim, alleging that Defendants violated federal law that criminalizes sexual relationships between detention deputies and inmates. And in Count VII,5 Plaintiffs assert an outrage or intentional infliction of emotional distress (“IIED”) claim against Burnett and Sheriff Easter. The cases were consolidated for discovery on September 19, 2024. Each Defendant has

since filed identical motions in both cases. Defendant Burnett filed a Motion to Dismiss in both cases, Plaintiffs filed timely responses and no replies were filed. Defendant Sheriff Easter filed his Motion for Partial Judgment on the Pleadings, timely responses and replies were filed. Finally, Defendant BOCC filed its Motion to Dismiss, and timely responses and replies were filed. All matters presently pending are fully briefed and ripe for the Court’s ruling.

5 Plaintiffs do not include a Count VI. II. Legal Standard A. Rule 12(c) Motion Under Federal Rule of Civil Procedure 12(c), a party may move for judgment on the pleadings “[a]fter the pleadings are closed—but early enough not to delay trial.”6 The standard for dismissal under Rule 12(c) is the same as a dismissal under Rule 12(b)(6).7 To survive a motion

for judgment on the pleadings, the complaint must present factual allegations, assumed to be true, that “raise a right to relief above the speculative level,” and must contain “enough facts to state a claim to relief that is plausible on its face.”8 All reasonable inferences from the pleadings are granted in favor of the non-moving party.9 Judgment on the pleadings is appropriate when “the moving party has clearly established that no material issue of fact remains to be resolved and the party is entitled to judgment as a matter of law.”10 B. Rule 12(b)(6) Motion Under Federal Rule of Civil Procedure

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