Read v. Attaway

944 F. Supp. 480, 1996 U.S. Dist. LEXIS 16369, 1996 WL 635237
CourtDistrict Court, W.D. Louisiana
DecidedSeptember 26, 1996
DocketCivil Action No. 95-1798
StatusPublished
Cited by1 cases

This text of 944 F. Supp. 480 (Read v. Attaway) is published on Counsel Stack Legal Research, covering District Court, W.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Read v. Attaway, 944 F. Supp. 480, 1996 U.S. Dist. LEXIS 16369, 1996 WL 635237 (W.D. La. 1996).

Opinion

LITTLE, District Judge.

RULING

For the reasons that follow, defendant Boyd Durr’s motion to dismiss and, in the alternative, for summary judgment is GRANTED.

I. FACTS AND PROCEEDINGS

This matter arises out of a tragic altercation between Joseph Read and Natchitoches Parish Deputy Sheriff Carson Attaway during which Attaway, using his Sheriff’s Department revolver, shot and killed Read. Apparently, there was a dispute between Read and Attaway’s daughter over the custody of Attaway’s grandson. Custody of the child had been awarded to Read, but, for a time, the child could not be located.

Approximately two weeks before the shooting, Billy West, a Natchitoches attorney, came to the office of Boyd Durr, the Sheriff of Natchitoches Parish. West believed that Attaway might know his grandson’s whereabouts. Durr called Attaway, who was on duty at the time, to his office and in his presence, West asked Attaway where the child was and indicated that he might bring charges against Attaway if he failed to reveal the child’s location. Attaway stood up, pointed at West and told him that if he filed charges, Attaway would “sue the hell out of him for false arrest.” Durr noted that Attaway was “red faced and upset at this point,” but made no threats against West or Read. Durr then terminated the meeting, which had lasted only a few minutes, and indicated that Attaway and West would have to resolve their differences without his assistance. According to Durr, this was the first time he had heard of the custody dispute. In any event, Durr took no action to discipline Attaway nor did he request that the Sheriffs Department personnel screening committee investigate Attaway’s fitness for duty. There was no reason to do so, according to Durr.

About a month later, Attaway went to Read’s home and after an altercation, shot Read with his (Attaway’s) service revolver. Attaway was not on duty at the time. Durr explained in his deposition that Attaway, a full-time commissioned deputy sheriff, had the right to carry his service weapon even when he was not on duty. Attaway claimed that the altercation with Read had become violent, and that he shot Read in self-defense.

Plaintiffs, the major children of Joseph Read, brought this action against Durr, individually and in his capacity as Sheriff of Natchitoches Parish, under 42 U.S.C. § 1983, the Fourth and Fourteenth Amendments of the United States Constitution, and claims under Louisiana law. Durr now moves for dismissal of the claims against him or, in the alternative, for summary judgment of the federal claims against him. Durr argues that if this motion is granted as to the federal claims against him, this court will lack jurisdiction to hear the state claims. Defendant’s motion for summary judgment as to the federal claims is GRANTED; the pendant state claims are DISMISSED without prejudice.

II. STANDARD OF REVIEW

Both parties have submitted exhibits with their memoranda, and we treat the motion as [483]*483one for summary judgment only. Fed. R.Civ.P. 12(b). Summary judgment is appropriate only if “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,” when viewed in the light most favorable to the non-movant, “show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986). A dispute about a material fact is “genuine” if the evidence is such that a reasonable jury could return a verdict for the nonmoving party. Id. at 248, 106 S.Ct. at 2510. In making its determination, the court must draw all justifiable inferences in favor of the nonmoving party. Id. at 255, 106 S.Ct. at 2513-14. Once the moving party has initially shown “that there is an absence of evidence to support the nonmoving party’s case,” Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 2554, 91 L Ed.2d 265 (1986), the non-movant must come forward, after adequate time for discovery, with “specific facts” showing a genuine factual issue for trial. Fed. R.Civ.P. 56(e); Matsushita Elec. Ind. Co. v. Zenith Radio, 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986).

III. LAW AND ANALYSIS

A. Liability under A2 U.S.C. § 1983 In General

Plaintiffs’ federal claim against Durr is based on 42 U.S.C. § 1983, which states:

Every person who, under color of any statute, ordinance, regulation, custom or usage, of any State ..., subjects or causes to be subjected any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.

To make out any claim under § 1983, a plaintiff must show (1) that the conduct complained of was committed by a person acting under color of state law and (2) that this conduct deprived the plaintiff of rights secured by the Constitution or federal statutes. Monell v. New York City Dept. of Social Services, 436 U.S. 658, 694, 98 S.Ct. 2018, 2037-38, 56 L.Ed.2d 611 (1978); Evans v. City of Marlin, Texas, 986 F.2d 104, 107 (5th Cir.1993).

B. Durr’s Liability in his Official Capacity

In order to establish municipal liability, that is, through liability for a claim brought either directly against the municipality or brought indirectly against a municipal officer in his official capacity,1 a plaintiff must show that a municipal policy or custom actually inflicted the constitutional injury which the plaintiff allegedly suffered. Monell v. New York City Dept. of Social Services, 436 U.S. 658, 694, 98 S.Ct. 2018, 2037-38, 56 L.Ed.2d 611 (1978). A local government cannot be held hable for the actions of its officers merely on a theory of respondeat superior. Id. at 691, 98 S.Ct. at 2036. Rather, the plaintiff must show that “there is a direct causal link between a municipal policy or custom and the alleged constitutional deprivation.” City of Canton, Ohio v. Harris, 489 U.S. 378, 385, 109 S.Ct.

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Bluebook (online)
944 F. Supp. 480, 1996 U.S. Dist. LEXIS 16369, 1996 WL 635237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/read-v-attaway-lawd-1996.