Wanda Holcomb EPPS v. Lauderdale County, Tennessee

45 F. App'x 332
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 13, 2002
DocketNo. 00-6737
StatusPublished
Cited by40 cases

This text of 45 F. App'x 332 (Wanda Holcomb EPPS v. Lauderdale County, Tennessee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wanda Holcomb EPPS v. Lauderdale County, Tennessee, 45 F. App'x 332 (6th Cir. 2002).

Opinion

PER CURIAM.

Plaintiffs-appellants Wanda Epps, Paul Webb, Karen Webb, Edie Wilson, and Billy Holcomb (collectively “plaintiffs”)1 have challenged the district court’s award of summary judgment to the defendants in their civil rights action. Appellants have contended that specific aspects of the high-speed chase involved in their case remove it from the purview of the Supreme Court’s decision in County of Sacramento v. Lewis, 523 U.S. 833, 118 S.Ct. 1708, 140 L.Ed.2d 1043 (1998).

[333]*333Plaintiffs have alleged that on the night of May 8, 1999, an officer of the Covington Police Department (“CPD”) encountered a vehicle speeding north on U.S. Highway 51. While the officer was issuing a citation to the driver, he drove away. A high-speed pursuit followed. The CPD dispatcher relayed the identity of the driver to the officer directly involved. The dispatcher also notified the Lauderdale County dispatcher that the driver was heading into Lauderdale County. The Lauderdale County dispatcher then informed officers of the Ripley Police Department (“RPD”), who then proceeded to the intersection of Highway 371 and Cooper’s Creek Road. The CPD officer discontinued his pursuit when the errant driver entered Lauder-dale County.

The RPD officers encountered the driver proceeding within the speed limit at the intersection of Highway 371 and Cooper’s Creek Road. When they attempted a traffic stop, the driver accelerated and another high-speed pursuit ensued. The RPD officers pursued the driver in their unmarked Suburban, which was equipped with a siren. The speeding driver and the RPD officers ignored a stop sign at the intersection of Highway 87 and Highway 371, a two-lane road. Other RPD patrol cars attempted a rolling roadblock, which was unsuccessful, which prompted the driver to enter the lane designed for oncoming traffic.

As the plaintiffs, who were traveling eastbound on Highway 371, attempted to effect a left turn into a driveway, they were struck in the rear by the errant driver’s vehicle. Epps, Webb and Timmy Holcomb were ejected from the vehicle and suffered severe injuries. Lindsey Holcomb was killed.

On May 5, 2000, plaintiffs instituted the instant action in federal court, primarily charging the Lauderdale County Sheriffs Department, the City of Ripley, Tennessee and the various individual police officers involved in the chase with violating their substantive due process right to be free from arbitrary government action so outrageous as to shock the conscience.2 On June 9, 2000, the defendants moved to dismiss the instant case on the basis that the officers’ actions complied with the Supreme Court’s decision in County of Sacramento v. Lewis, 523 U.S. 833, 118 S.Ct. 1708, 140 L.Ed.2d 1043 (1998), which concluded that liability for injuries caused by a high speed pursuit arises pursuant to the substantive due process doctrine only when the officers intend to “harm the suspects physically or to worsen their legal plight.” Id. at 854, 118 S.Ct. 1708. The plaintiffs argued before the district court that because they were not suspects and the RPD officers acted deliberately in initiating high-speed pursuit, the stringent Lewis standard should not apply. Instead, the plaintiffs suggested a deliberate indifference standard.

On November 8, 2000, in a well-reasoned opinion, the district court rejected the plaintiffs’ argument to ignore Lewis and dismissed the federal charges with prejudice: 3

High-speed pursuits, by their very nature, do not permit the deliberation required to apply the “deliberate indifference” standard. When executive action is the result of unhurried judgment, the chance for repeated reflection, and uncomplicated by the pulls of competing obligations, then deliberate indifference is truly shocking. Categorically, howev[334]*334er, the nature of high-speed pursuits-their ever evolving nature, the number of contingencies, the scant information available, the high pressure environment, the absence of hindsight or second chances, and the abbreviated time period in which to make decisions -requires that the Court apply the Lewis standard to all high speed pursuit scenarios.

In addition, the district court dismissed the municipal liability claims pursuant to Heller v. City of Los Angeles, 475 U.S. 796, 106 S.Ct. 1571, 89 L.Ed.2d 806 (1986), because, as related above, the individual liability claims were without merit and, therefore, no underlying constitutional violation existed for which the municipality could be held responsible. On December 5, 2000, the plaintiffs timely appealed.

This court has carefully reviewed the materials contained in the Joint Appendix and the arguments presented in the briefs of counsel submitted by the parties and concludes that the district court’s judgment was correct as a matter of law. This reviewing court therefore adopts the district court’s opinion entered November 8, 2000.

Accordingly, the judgment of the district court is AFFIRMED.

R. GUY COLE, Jr., Circuit Judge, concurring.

I concur with the majority that this high speed pursuit is governed by County of Sacramento v. Lewis, 523 U.S. 833, 118 S.Ct. 1708, 140 L.Ed.2d 1043 (1998), and that Appellants fail to allege facts sufficient to establish individual officer liability for injuries pursuant to the substantive due process doctrine. I also agree that no municipal liability exists in the present case. I write separately, however, to clarify my understanding of City of Los Ange-les v. Heller, 475 U.S. 796, 106 S.Ct. 1571, 89 L.Ed.2d 806 (1986) (per curiam), that a municipality may still be held liable for a substantive due process violation even when the individual officer is absolved of liability.

When no constitutional harm has been inflicted upon a victim, damages may not be awarded against a municipality. Heller, 475 U.S. at 799, 106 S.Ct. 1571. But a finding that the individual government actor has not committed a constitutional violation does not require a finding that no constitutional harm has been inflicted upon the victim, nor that the municipality is not responsible for that constitutional harm. See City of Canton v. Harris, 489 U.S. 378, 388-89 n. 8, 109 S.Ct. 1197, 103 L.Ed.2d 412 (1989) (noting that the deliberate indifference standard for municipal liability is independent from the state of mind standard used to establish the liability of an individual government actor); see also Collins v. City of Harker Heights, Texas, 503 U.S. 115, 121-22, 112 S.Ct. 1061, 117 L.Ed.2d 261 (1992) (highlighting the “separate character of the inquiry into the question of municipal responsibility and the question whether a constitutional violation occurred.”). I read Heller

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Bluebook (online)
45 F. App'x 332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wanda-holcomb-epps-v-lauderdale-county-tennessee-ca6-2002.