Rhonda Boyette v. Marcus Adams

CourtCourt of Appeals for the Eleventh Circuit
DecidedOctober 13, 2022
Docket22-10288
StatusUnpublished

This text of Rhonda Boyette v. Marcus Adams (Rhonda Boyette v. Marcus Adams) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rhonda Boyette v. Marcus Adams, (11th Cir. 2022).

Opinion

USCA11 Case: 22-10288 Date Filed: 10/13/2022 Page: 1 of 19

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 22-10288 Non-Argument Calendar ____________________

RHONDA BOYETTE, Plaintiff-Appellant, versus MARCUS ADAMS,

Defendant-Appellee.

Appeal from the United States District Court for the Northern District of Alabama D.C. Docket No. 5:19-cv-01802-LCB ____________________ USCA11 Case: 22-10288 Date Filed: 10/13/2022 Page: 2 of 19

2 Opinion of the Court 22-10288

Before JORDAN, ROSENBAUM, and GRANT, Circuit Judges. PER CURIAM: Rhonda Boyette appeals the district court’s partial grant of summary judgment in favor of Detective Marcus Adams and its de- cision to not exercise supplemental jurisdiction over her state law claims. With respect to her claims of illegal seizure and malicious prosecution brought pursuant to 42 U.S.C. § 1983, the district court determined that Detective Adams was entitled to qualified immun- ity. Because we agree that Detective Adams was entitled to quali- fied immunity and that the district court acted within its discretion in declining to exercise its supplemental jurisdiction, we affirm. 1 I Ms. Boyette was married to James Monte Long, Sr. from 2011 to 2014. Together they had a son, J.L., who was born in 2011. In 2014, Shortly after the couple divorced in 2014, Mr. Long filed a report of child abuse with the City of Madison Police Department (“MPD”) after finding J.L. with bruising on his face and right but- tock. Mr. Long submitted with the report pictures of J.L.’s bruises and a text message from Ms. Boyette admitting that she had caused

1 Although Ms. Boyette labeled her second claim as a false arrest, it properly was, and was treated by the district court as, a claim for malicious prosecution because the relevant arrest was effectuated pursuant to a warrant. See Wil- liams v. Aguirre, 965 F.3d 1147, 1158 (11th Cir. 2020). Ms. Boyette’s argu- ments on appeal acquiesce to this characterization. USCA11 Case: 22-10288 Date Filed: 10/13/2022 Page: 3 of 19

22-10288 Opinion of the Court 3

the injury. The pictures depicted bruising on J.L.’s face and a large red imprint of a hand on his buttock. On June 18, 2016, Mr. Long filed another report with the MPD concerning a bruise on J.L.’s leg that J.L. claimed was from his mother. He again included pictures. The MPD closed a subse- quent investigation due to lack of supporting evidence. In February of 2018, the MPD received a report from the principal of J.L.’s school that J.L. had arrived at school with a note addressed to his counselor. According to the note, Mr. Long made J.L. take off his clothes and took pictures. Detective Adams began investigating the potential production of child pornography. Detective Adams went to Mr. Long’s residence to ask about the pictures. According to Detective Adams, the two had been ac- quainted but he did not recognize Mr. Long’s name from the report or initially realize who Mr. Long was upon seeing him in person. Mr. Long explained to Detective Adams that he took the pictures to document J.L.’s injuries, as he believed that J.L. was “getting the hell beat out of him” by Ms. Boyette. The pictures depicted a large bruise on J.L.’s right buttock and an adjacent large, discolored bruise on his upper right leg. In continuing that investigation, Detective Adams shifted to focusing on potential child abuse and arranged a forensic interview for J.L. at the National Children’s Advocacy Center (“NCAC”). During that interview, J.L. was largely unresponsive but admitted that his mother spanked him, including on his buttocks and back USCA11 Case: 22-10288 Date Filed: 10/13/2022 Page: 4 of 19

4 Opinion of the Court 22-10288

with a belt but did not use the belt “anymore.” The MPD closed the case. 2 A related medical examination concluded that the marks on J.L.’s skin were normal childhood injuries. It also found no signs of acute or chronic injury. In November of 2018, J.L.’s godmother and court-appointed observer, Rebecca Goodsell, contacted Detective Adams about concerns of Ms. Boyette abusing J.L. Ms. Goodsell apparently was Mr. Long’s girlfriend, but the timeline and nature of their relation- ship is unclear from the record. Detective Adams denied any knowledge of that relationship at the time of the investigation. Ms. Goodsell emailed to Detective Adams pictures of J.L.’s bruising and a recorded conversation between her and J.L. about the bruising. In that conversation, J.L. repeatedly stated that he did not know where or how he got the bruises on his back. Eventually, however, he did state that several weeks prior his mother had spanked him with a wooden paddle. He claimed that his mother switched to a wooden paddle “because [she believed] the belt [had not] been working.” Detective Adams advised Ms. Goodsell to file a police report and she did so several days later, including images of J.L.’s bruising

2 According to Detective Adams, the conclusions of that report of “un- founded” and “no crime committed” referred to the initial child pornography case and not the case of physical abuse. USCA11 Case: 22-10288 Date Filed: 10/13/2022 Page: 5 of 19

22-10288 Opinion of the Court 5

from the most recent incidents. The set of pictures depicted a pair of faded bruises on J.L.’s lower back, and another on his left hip and upper left buttock. In early December of 2018, Mr. Long emailed Detective Ad- ams photographs of J.L. he had taken several days before. The pic- tures depicted large, discolored bruises on J.L.’s back, and smaller bruises on his lower back, right buttocks, and several on his right hip. Ms. Boyette admitted that, approximately one week earlier, she had given J.L. three “licks” with the paddle. Detective Adams initiated another investigation and con- tacted the Alabama Department of Human Resources (“DHR”). Detective Adams also set up another forensic interview with the NCAC, this time with December Guzzo, who was familiar with and previously had interviewed J.L. on two occasions. In prepara- tion, she reviewed all of J.L.’s prior interviews, discussed them with previous examiners, and reviewed the photographs of his injuries. During the interview with Ms. Guzzo, J.L. stated that his mother had spanked him a single time with the paddle for not get- ting dressed, which “hurt a lot.” That occasion did not leave a bruise, but a week prior he had three bruises on his “bottom” from another paddling when his mother hit him three times. J.L. also appeared to point at his lower back and buttocks when indicating where his mother paddled him. There were “a lot of other times” that a spanking left him with “red” and “blue” bruises from either a belt or the paddle. His mother was the only person who paddled him. The spankings made him “not happy,” and he wanted them USCA11 Case: 22-10288 Date Filed: 10/13/2022 Page: 6 of 19

6 Opinion of the Court 22-10288

to stop. He was able to see the bruises on his backside in pictures his father showed him. During the interview, J.L. drew a picture of the paddle unprompted. Detective Adams observed the inter- view from a live video feed in another room. Based on the interview, Ms. Guzzo opined that J.L. finally was of an age where he could provide reliable and consistent infor- mation, as he narrated freely in his own words when prompted with open-ended questions and provided specific sensory details about his experiences. Ms. Guzzo believed that, because J.L. was a focused and willing cooperator in the interview and appeared to be drawing information from his own experiences, there was no indi- cation of bias or “coaching” in his statements.

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