Tremain Spivey, Shirley Spivey, as Next Friend for Tremain Spivey v. Michael Elliott, Lynn Crothers, Wilma Davis, Carolyn Mitchell

29 F.3d 1522, 1994 U.S. App. LEXIS 23276, 1994 WL 419485
CourtCourt of Appeals for the Eleventh Circuit
DecidedAugust 26, 1994
Docket93-8269
StatusPublished
Cited by22 cases

This text of 29 F.3d 1522 (Tremain Spivey, Shirley Spivey, as Next Friend for Tremain Spivey v. Michael Elliott, Lynn Crothers, Wilma Davis, Carolyn Mitchell) 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
Tremain Spivey, Shirley Spivey, as Next Friend for Tremain Spivey v. Michael Elliott, Lynn Crothers, Wilma Davis, Carolyn Mitchell, 29 F.3d 1522, 1994 U.S. App. LEXIS 23276, 1994 WL 419485 (11th Cir. 1994).

Opinions

RONEY, Senior Circuit Judge:

After Tremain Spivey was sexually assaulted by a fellow classmate at the residential school which he attended, this ease was filed against two officials of the school. Spivey appeals the district court’s order granting summary judgment in favor of the school officials. The district court held that defendants had qualified immunity because the plaintiff failed to state a violation of a constitutional right under 42 U.S.C.A. § 1983. We hold that although plaintiffs claim was probably sufficient to allege a violation of a constitutional right, that right was not clearly established at the time. We affirm the summary judgment for defendant.

In September 1988, Shirley Spivey, Tre-main’s mother, enrolled her hearing impaired son as a residential student in the Georgia School of the Deaf (“the school”), a state-run school located in Cave Springs, Georgia. Tremain was eight years old. The boy resided at the school Sunday through Thursday and spent weekends at home with his mother. Tremain alleges he was sexually assaulted on numerous occasions by a thirteen-year-old schoolmate.

When Ms. Spivey learned of the attacks, she withdrew Tremain from the school and filed this action against Michael Elliott, the school’s education director, and Lynn Croth-ers, the education supervisor. The complaint alleged defendants violated Tremain’s Fifth and Fourteenth Amendment substantive due [1524]*1524process rights to liberty, privacy, and personal security. Plaintiff alleged that, because he was in the custody and control of the school, he had a special relationship with the State officials out of which arose their duty to protect him from harm. Tremain contends the named defendants knew or should have known that he was in a dangerous situation, and their failure to supervise amounted to reckless disregard or deliberate indifference, depriving him of his right to physical safety while in the State’s custody pursuant to Youngberg v. Romeo, 457 U.S. 307, 102 S.Ct. 2452, 73 L.Ed.2d 28 (1982), and Estelle v. Gamble, 429 U.S. 97, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976). Plaintiff also alleged pendent state law negligence claims not at issue in this appeal.

Defendants moved for summary judgment based on qualified immunity. In granting defendants’ motion, the district court reasoned that there was no special relationship between plaintiff and the State, and therefore the State owed the plaintiff no affirmative duty to protect him against private violence under the Due Process Clause. Plaintiff appeals.

Officials exercising discretionary powers are “shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 2738, 73 L.Ed.2d 396 (1982). “On summary judgment, the judge appropriately may determine, not only the currently applicable law, but whether that law was clearly established at the time an action occurred.” Id. at 818, 102 S.Ct. at 2738.

In Siegert v. Gilley, 500 U.S. 226, 111 S.Ct. 1789, 114 L.Ed.2d 277 (1991), the Supreme Court clarified that analysis of a qualified immunity defense requires a determination of whether a constitutional claim exists. “A necessary concomitant to the determination of whether the constitutional right asserted by a plaintiff is ‘clearly established’ at the time the defendant acted is the determination of whether the plaintiff has asserted a violation of a constitutional right at all.” Id. at 232, 111 S.Ct. at 1793. The Supreme Court has directed that we first determine the currently applicable law and then whether that law was clearly established at the time the action complained of occurred. Id.

This Court has followed this analytical method in prior cases. Oladeinde v. City of Birmingham, 963 F.2d 1481, 1485 (11th Cir.1992), (quoting above-cited language from Siegert), cert. denied, — U.S. -, 113 S.Ct. 1586, 123 L.Ed.2d 153 (1993); Burrell v. Board of Trustees of Georgia Military College, 970 F.2d 785, 792 (11th Cir.1992) (“Without a constitutional violation, there can be no violation of a clearly established right.”), cert. denied, — U.S. -, 113 S.Ct. 1814, 123 L.Ed.2d 445 (1993); Bennett v. Parker, 898 F.2d 1530, 1532 (11th Cir.1990) (“If the facts taken in the light most favorable to the plaintiff do not establish a constitutional violation, then the public official should be granted summary judgment as a matter of law.”), cert. denied, 498 U.S. 1103, 111 S.Ct. 1003, 112 L.Ed.2d 1085 (1991).

Other circuits have employed this analytical structure after Siegert as well. E.g. Sivard v. Pulaski County, 17 F.3d 185, 189 (7th Cir.1994) (“An analysis of qualified immunity is appropriate only after resolution of the purely legal question of whether [plaintiff] has alleged a violation of a constitutional right.”); Johnson v. City of Houston, 14 F.3d 1056, 1060 (5th Cir.1994) (accord).

The type of special relationship plaintiff alleges has been recognized in the context of the State’s constitutional duty to provide adequate care to incarcerated prisoners, Estelle v. Gamble, 429 U.S. 97, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976), and to involuntarily committed mental patients, Youngberg v. Romeo, 457 U.S. 307, 102 S.Ct. 2452, 73 L.Ed.2d 28 (1982). In Estelle, 429 U.S. 97, 103, 97 S.Ct. 285, 290 (1976), the Supreme Court held that the Eighth Amendment prohibition against cruel and unusual punishment, applicable to the State through the Fourteenth Amendment requires states to provide medical care to incarcerated prisoners. The Court reasoned that because the prisoner is unable “by the reason of the deprivation of his liberty [to] care for himself,” it is only “just” that the State be required to take care [1525]*1525of him. 429 U.S. at 103, 97 S.Ct. at 290 (citations omitted).

The Court extended this analysis beyond the Eighth Amendment context in Youngberg, holding that an involuntarily committed mental patient retains a liberty interest to be protected substantively under the due process clause. The State is required to provide “reasonable safety” to these patients. 457 U.S. at 324, 102 S.Ct. at 2462. The State conceded and the court agreed the State must also provide “adequate food, shelter, clothing and medical care.” Id.

This Circuit has also recognized a liberty interest where a child is involuntarily placed in a foster home. Taylor v. Ledbetter,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Griffin v. Troy State University
333 F. Supp. 2d 1275 (M.D. Alabama, 2004)
Rhodes-Courter Ex Rel. Courter v. Thompson
252 F. Supp. 2d 1359 (M.D. Florida, 2003)
Does v. Covington County School Board of Education
930 F. Supp. 554 (M.D. Alabama, 2003)
Roes v. FLORIDA DEPT OF CHILDREN & FAMILY SERVICES
176 F. Supp. 2d 1310 (S.D. Florida, 2001)
Powers v. CSX Transportation, Inc.
105 F. Supp. 2d 1295 (S.D. Alabama, 2000)
Santamorena v. Georgia Military College
147 F.3d 1337 (Eleventh Circuit, 1998)
Santamorena v. GA Military College
147 F.3d 1337 (Eleventh Circuit, 1998)
Naia v. Deal
13 F. Supp. 2d 1369 (S.D. Georgia, 1998)
Sanchez v. Swyden
139 F.3d 464 (Fifth Circuit, 1998)
Martinez v. Mathis
970 F. Supp. 1047 (S.D. Georgia, 1997)
Reynolds v. Glynn County Board of Education
968 F. Supp. 696 (S.D. Georgia, 1996)
Stevens v. Umsted
921 F. Supp. 530 (C.D. Illinois, 1996)
Liebson v. New Mexico Corrections Department
73 F.3d 274 (Tenth Circuit, 1996)
Plumeau v. Yamhill County School District 40
907 F. Supp. 1423 (D. Oregon, 1995)
DiMeglio v. Haines
45 F.3d 790 (Fourth Circuit, 1995)
Spivey v. Elliott
41 F.3d 1497 (Eleventh Circuit, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
29 F.3d 1522, 1994 U.S. App. LEXIS 23276, 1994 WL 419485, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tremain-spivey-shirley-spivey-as-next-friend-for-tremain-spivey-v-ca11-1994.