# Dorn v. Brooks

> District Court, W.D. Arkansas · January 17, 2020

URL: https://www.frixlaw.com/law-library/cases/10010415

## Case

- **Court:** District Court, W.D. Arkansas
- **Decided:** January 17, 2020
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10010415

## Opinion text

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION

KENNETH DORN PLAINTIFF

v. Civil No. 5:18-cv-05149

DEPUTY AARON BROOKS;
SHERIFF TIM HELDER; and
MAJOR RANDALL DENZER DEFENDANTS

OPINION AND ORDER
In this civil rights action filed pursuant to 42 U.S.C. § 1983, Plaintiff Kenneth Dorn
contends his constitutional rights were violated when he was incarcerated in the Washington
County Detention Center (WCDC). Specifically, Dorn contends excessive force was used against
him on March 27, 2018. Dorn names as Defendants Deputy Aaron Brooks, Washington County
Sheriff Tim Helder, and Major Randall Denzer. The case is before the Court on Defendants’
Motion for Summary Judgment (ECF Nos. 40-42). Dorn filed a response (ECF Nos. 59-61).
Defendants’ Motion will be granted.
I. BACKGROUND
Dorn was arrested and booked into the WCDC on May 29, 2017. (ECF No. 42-2 at 1).
On March 1, 2018, Dorn entered a plea of guilty and was sentenced to a term of imprisonment.
Id. at 5. The alleged excessive force occurred following his conviction. Dorn was transferred to
the Arkansas Department of Correction (ADC) on March 29, 2018. Id. at 11.
A. Dorn’s Version of the Altercation
On March 27, 2018, Dorn was involved in an altercation with Deputy Brooks and Deputy
1
Fennel. Dorn, who was at the time in administrative segregation in T-block, testified he and
Inmate Freddy Jones were on their hour out in K-block. (ECF No. 42-10 at 47 & 53). Dorn
testified he made a twenty-minute phone call and just shortly after that the guard opened the flap
and told them their hour was up. Id. at 47. Dorn disagreed and said he was going to press the

intercom and alert the sergeant to make sure their hour was up. Id. at 47. Dorn testified he
pressed the button two or three times, but no one answered it. Id. at 52. The intercom is located
right next to the door to the block. Id.
If their hour was not up, Dorn stated he wanted to request his time at a later date. (ECF
No. 42-10 at 47). Dorn testified that when he pressed the intercom button, Deputy Brooks and
Deputy Fennel entered K-block and Deputy Brooks started yelling at him to get his stuff and that
they “don’t got time for this.” Id. at 48. After Deputy Brooks told Dorn his time was up, Dorn
conceded that he yelled at the officers and probably used profanities. Id. at 54-55.
In response, Dorn claims Deputy Brooks and Deputy Fennel each grabbed one of Dorn’s
arms right above the elbow. (ECF No. 42-10 at 48). Dorn testified he did not threaten Deputy

Brooks but did tell him he was a “stupid ass.” Id. at 55. Dorn stated that Deputy Brooks
responded: “chill the f--- out.” Id. Dorn testified he communicated to Deputy Brooks that “he
wasn’t going to order [me] around.” Id. at 60. Dorn indicated he talks with his hands and so was
moving them but not “like I was going to fight” Deputy Brooks. Id.
Dorn testified he “snatched away” from Deputy Brooks and said: “Look, . . . I’ll press the
intercom. I am going to do the right thing.” (ECF No. 42-10 at 49). At that time, Dorn
indicated both deputies grabbed him, and Deputy Brooks threw him to the ground. Id. Dorn
testified he resisted getting handcuffed, refused to comply with orders, and kept kicking his legs.

2
Id. at 62, 77, 81. Dorn testified he never “threw a punch at Deputy Brooks.” Id. at 78.
According to Dorn, Deputy Brooks then hit him on the head two times. Id. at 62.
Dorn testified that he continued to resist and at some point rolled onto his back and then
Deputy Brooks again hit him on the head twice. (ECF No. 42-10 at 63). Dorn testified that he

covered the side of his head and that is when all the other deputies arrived. Id. One of the
officers pulled his taser out and told Dorn to turn over. Id. At this point, Dorn complied, was
handcuffed, and was put in a restraint chair. Id. Dorn was advised he was being charged with
second degree battery for having hit Deputy Brooks in the face twice. Id. Dorn denied this
saying he had not touched Deputy Brooks. Id. Dorn argues that if Deputy Brooks felt
threatened, he should have had the other officers assist him, used pepper spray, or used his taser.
In short, Dorn believes Deputy Brooks should have done anything other than striking Dorn in the
side of the head. Id. at 65. Dorn testified that as a result of the use of force, he had “three knots
on [his] head.” Id. at 84. Dorn denies being seen by medical but indicates he did not need
medical treatment. Id. at 84-88. The knots went away after a week or two. Id. at 87.

According to Dorn, Deputy Brooks had always been “combative” towards him and every
conversation has been “negative.” (ECF NO. 42-10 at 48). Dorn believes Deputy Brooks has a
problem with everyone that Dorn was related to. Id. at 58-59. In fact, the day before the
altercation at issue in this case, Dorn testified he and Deputy Brooks “got into it over a blanket.”
Id. at 56. Deputy Brooks was doing blanket and towel call. Id. Dorn wanted to switch his
blanket but had just been given a towel and did not need a new one. Id. According to Dorn,
Deputy Brooks started demanding the towel and was yelling and cussing Dorn. Id. Dorn told
Deputy Brooks to “shut the f—up” and walked away. Id. Deputy Brooks grabbed Dorn, tried to

3
cuff him, and slammed him against the wall. Id. at 57. Dorn was moved to administrative
segregation. Id.
B. Deputy Brooks’ Version of the Altercation
Deputy Brooks submitted the following use of force incident report:

at approximately 4:17 p.m., Deputy Fennel #483, Deputy Montano #529 and I were
instructed to put the detainees back from their hour out who were located in K-
Block. The detainees were Dorn, Kenneth . . . and Detainee Jones . . . .

When Fennel and I approached the door, I heard Detainee Dorn yelling
profanities. When I lifted the flap Dorn stated, “if you come in my f------ block
I’ll beat your ass, you better not come in here.” Deputy Fennel and I then entered
K-Block to instruct Dorn and Jones to gather their belongings because their time
was up. At this time Dorn continued arguing that I wasn’t going to order him
around. While this was happening, Dorn continued to make aggressive motions,
putting his hands up, pulling up his shirt and making verbal threats. Fennel and I
instructed Dorn at least 5 times demanding that he gather his belongings. Dorn
ignored all instructions.

After arguing with Dorn for a moment, Fennel and I decided to physically
restrain him by his arms. When we grabbed Dorn, he immediately began to resist
so we took him to the ground. While on the ground Dorn still ignored commands
and continued acting aggressive. During this Dorn was kicking at Deputy
Montano and swung at my face and missed, at this point I escalated my use of force
to attempt to gain control of the situation. I struck Dorn in the face twice, after
this Dorn stopped and held his head.

When I tried to get off Dorn he was holding my left leg between his legs,
when I broke my leg free and went back near Dorn, to handcuff him he reached up
and struck me on the right side of my face. At this time I continued my use of
force and struck Dorn again still attempting to restrain him. After I struck Dorn
he stopped fighting but still ignored verbal commands and would not turn over. I
then place[d] my knee on the front of his shoulder to immobilize him until other
officers arrived. Once Deputy Thurman #503 arrived I got off of Dorn while
Thurman placed him in handcuffs. I then gathered my belongings and was not
involved with placing Dorn or Jones in the restraint chair.

(ECF No. 42-5 at 1).
In Deputy Fennel’s report, he indicated Dorn’s anger appeared to be mainly directed at
4
Deputy Brooks. (ECF No. 42-5 at 2). Deputy Fennel also reported that Dorn threw multiple
closed fist punches at Deputy Brooks’ face. Id. While the deputies were still attempting to
secure Dorn, Deputy Fennel stated that “Detainee Jones ran up to the altercation and attempted to
pull Deputies off of Detainee Dorn, I wrapped my arms around Detainee Jones and pushed him

away from the altercation.” Id. Both detainees were examined by medical and no injuries were
observed. Id. Reports were also filed by various other officers who responded to the call for
assistance due to a fight in K-block. Id. at 2-8.
C. The Video of the Altercation
The Court has been supplied video of the altercation. (ECF No. 42-6 at 1)(place card
holder for the DVD that was conventionally filed). There are two video clips. Id. The first clip
(Clip A) is taken from a camera pointed into the cell block from the vantage of the door—looking
toward the rear of the cell block. Id. The second clip (Clip B) is taken from a camera pointed at
the door to the cell block from the vantage of the rear of the cell block—looking toward the front
of the cell block. Id. The videos do not include audio.

The video shows the door flap being opened and Dorn approaching the door and apparently
arguing with WCDC staff. The video does not depict Dorn attempting to use the intercom as he
claimed. Dorn’s behavior appears agitated, consistent with the testimony that he was upset about
having been told his hour out was over. The video shows Deputies Brooks and Fennel entering
the cell block, followed by Deputy Montano. Dorn’s attention is directed primarily at Deputy
Brooks. Dorn throws up his hands and arms, thrusting his head forward, pulling at his clothes,
and in general appears to be highly agitated. After a brief exchange, Deputies Brooks and Fennel
each grab one of Dorn’s arms and attempt to bring him to the wall. Dorn resists, and the deputies

5
then attempt to take Dorn to the floor. The video depicts some struggle, and then the officers get
Dorn to the floor. However, Dorn continues to struggle, moving his arms and legs, twisting his
body, and turning over, and the officers are unable to restrain Dorn.
Deputy Brooks, who is at this point straddling Dorn, strikes him in the side of the head or

face twice. The video then shows the other inmate in the room, Jones, move toward the altercation
to assist Dorn, and Deputy Fennel intercepts Jones and attempts to move him away. At this time,
the video depicts Dorn swiftly strike Deputy Brooks. Deputy Brooks then strikes Dorn two more
times. More deputies arrive and Dorn is finally restrained and handcuffed. Dorn is then taken
out of the cell block.
D. After the Altercation
On April 30, 2018, Dorn was charged with second degree battery for striking Deputy
Brooks. (ECF No. 42-2 at 8, 11). An order of nolle prosequi was entered on August 10, 2018.
(ECF No. 50 at 20-21).
Dorn was transferred to the ADC in the early morning hours on March 29th. Dorn

testified he was unable to file a grievance before he left the WCDC. (ECF No. 42-10 at 93).
Dorn was returned to the WCDC in April or May of 2018 for approximately three weeks, and in
July of 2018 for about two months. (ECF No. 42-10 at 17-18). When he came back to the
WCDC in April or May, Dorn testified that he did not file a grievance because he knew you only
had a certain amount of time to grieve an incident and that “[y]ou can’t just wait two months and
then file a grievance on two months ago. It doesn’t work like that.” Id.
Dorn maintains Deputy Brooks failed to follow the WCDC use of force policies. (ECF
No. 42-10 at 98). With respect to Sheriff Helder, Dorn testified the Sheriff allowed the excessive

6
force to happen without any repercussions for Deputy Brooks. Id. at 100. Dorn believes the
Sheriff should be held liable “for what happens with his deputies, the people that he employs.”
Id. at 101. Dorn indicated he was told by WCDC staff that Sheriff Helder and Major Denzer are
copied with all incident reports. Id. at 102. Dorn never spoke to the Sheriff regarding the

incident. Id. at 103. Dorn believes Major Denzer is also liable because Major Denzer is a
supervisory officer who allowed the incident to happen and Deputy Brooks was not disciplined in
any way. Id. at 105. Dorn believes the supervisors should have had and did have knowledge
that Deputy Brooks was prone to using excessive force prior to the incident occurring. Id. at 106-
07. Dorn testified that he had been told that Deputy Brooks was having “constant problems” with
other inmates, and that Dorn was not the only one suing him. Id. at 107. Dorn could identify
only one incident in which Deputy Brooks had used force against an inmate prior to using force
against Dorn, and no evidence that the force used was excessive. Id. at 109-10 Neither Sheriff
Helder nor Major Denzer were at the WCDC when the incident between Deputy Brooks and Dorn
occurred. Id. at 100.

E. WCDC Policies
The WCDC policies provide that physical force should only be used when an “attack by a
detainee(s) on a facility employee(s), visitor(s), or other detainee(s) is actually occurring, is clearly
imminent, or when other lesser means have failed to achieve a legitimate and necessary objective.”
(ECF No. 42-7 at 8). Officers are authorized to use only the amount of physical force necessary
to maintain or regain control of a detainee. Id. “[O]fficers are authorized to use less lethal force
techniques and issued equipment for resolution of incidents as follows: To protect themselves or
another from physical harm; To restrain or subdue a resistant individual; To bring an unlawful

7
situation safely and effectively under control.” (ECF No. 42-8 at 1).
In the event an incident involving the use of force occurs, all involved personnel are to
make “an immediate written report of all details to their immediate supervisor who will forward
the report in accordance with the department’s established administrative policies.” (ECF No.

42-7 at 1). Any officer who willfully mistreats an inmate is subject to discipline and/or
termination. (ECF No. 42-1 at 5). Deputy Brooks has not been disciplined for the use of
excessive force in the WCDC. Id. at 2.
Detainees of the WCDC have access to an electronic kiosk on which to enter their requests
or grievances. (ECF No. 42-1 at 3). According to the WCDC grievance policy, a grievance
“shall state fully the time, date, and names of the detention officers and/or staff members involved
and pertinent details of the incident, including the names of any witnesses.” (ECF No. 42-7 at 6).
The Detainee Handbook advises detainees that they are allowed to file a grievance if they feel that
they have been subjected to abuse or abridgment of their civil rights while detainees. (ECF No.
42-9 at 19). All grievances are to be submitted on the kiosk. Id. The handbook indicates

grievances are to be submitted within eight (8) hours from the time the event complained of
occurred. Id. All grievances are reviewed by the jail administrator or designee. Id. If the
inmate feels his grievance was improperly handled, the inmate may appeal to the Sergeant or
Lieutenant. Id.

II. LEGAL STANDARD

Summary judgment is appropriate if, after viewing the facts and all reasonable inferences
in the light most favorable to the nonmoving party, the record “show[s] 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.”
8
Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986); Fed. R. Civ. P. 56(c).
“Once a party moving for summary judgment has made a sufficient showing, the burden rests with
the non-moving party to set forth specific facts, by affidavit or other evidence, showing that a
genuine issue of material fact exists.” Nat’l Bank of Comm. v. Dow Chem. Co., 165 F.3d 602,
607 (8th Cir. 1999).
The nonmoving party “must do more than simply show that there is some metaphysical
doubt as to the material facts.” Matsushita, 475 U.S. at 586. “They must show there is sufficient
evidence to support a jury verdict in their favor.” Nat’l Bank, 165 F.3d at 607 (citing Anderson
v. Liberty Lobby, Inc., 477 U.S. 242, 249 (1986)). “A case founded on speculation or suspicion
is insufficient to survive a motion for summary judgment.” Id. (citing Metge v. Baehler, 762 F.2d
621, 625 (8th Cir. 1985)). “When opposing parties tell two different stories, one of which is
blatantly contradicted by the record, so that no reasonable jury could believe it, a court should not
adopt that version of the facts for purposes of ruling on a motion for summary judgment.” Scott
v. Harris, 550 U.S. 372, 380 (2007).
III. DISCUSSION
Defendants maintain they are entitled to summary judgment because: (1) Dorn failed to

exhaust his administrative remedies; (2) there is no proof of personal involvement on the part of
Sheriff Helder and Major Denzer; (3) Deputy Brooks’ use of force was in a good faith effort to
restore order and discipline; (4) Defendants are entitled to qualified immunity in their individual
capacities; and (5) there is no basis for official capacity/county liability.
A. Exhaustion
The Prison Litigation Reform Act (“PLRA”) provides that “[n]o action shall be brought
with respect to prison conditions under section 1983 of this title, or any other Federal law, by a
prisoner confined in any jail, prison, or other correctional facility until such administrative
9
remedies as are available are exhausted.” 42 U.S.C. § 1997e(a). Exhaustion is mandatory.
Porter v. Nussle, 534 U.S. 516, 524-25 (2002). “[T]o properly exhaust administrative remedies
prisoners must complete the administrative review process in accordance with the applicable
procedural rules.” Jones v. Bock, 549 U.S. 199, 218 (2007) (internal quotation marks and citation

omitted).
The “level of detail necessary in a grievance to comply with the grievance procedures will
vary from system to system and claim to claim, but it is the prison’s requirements, and not the
PLRA, that define the boundaries of proper exhaustion.” Id. A prisoner’s remedies are exhausted
“when [the] inmate pursues the prison grievance process to its final stage and receives an adverse
decision on the merits.” Hammett v. Cofield, 681 F.3d 945, 947 (8th Cir. 2012). Non-exhaustion
is an affirmative defense. Jones, 549 U.S. at 211-12.
The Eighth Circuit Court of Appeals has recognized two exceptions to the PLRA’s
exhaustion requirement: (1) when officials have prevented prisoners from utilizing the grievance
procedures; or, (2) when the officials themselves fail to comply with the grievance procedures.

See Gibson v. Weber, 431 F.3d 339, 341 (8th Cir. 2005) (explaining a prisoner is only required to
exhaust those administrative remedies that are “available” and any remedies that prison officials
prevent a prisoner from utilizing are not considered available).
Dorn failed to submit a grievance following the altercation. The WCDC grievance
procedures as set forth in the WCDC policy D11.5, require a grievance to be submitted “promptly”
after an incident has occurred. (ECF No. 42-7 at 6). The detainee handbook is more specific and
provides that the grievance must be filed “within eight hours from the time the event complained
of occurred.” (ECF No. 42-9 at 19). Dorn argues he could not submit a grievance following the

10
incident. On March 27th, after the incident, Dorn was placed in the restraint chair. When
released, he was taken directly to administrative segregation where inmates are on lock down for
twenty-three hours of the day. The only time the kiosk can be accessed is during the hour out.
On March 28th, Dorn testified he was taken to court and when he returned to the WCDC, the block

he was assigned to had already had their hour out. In the early morning hours of March 29th,
Dorn was transported to the ADC. Dorn maintains, and the record supports, that he did not have
access to a kiosk at any time prior to his transport to the ADC. Dorn is required to comply with
the procedural rules of the WCDC to exhaust his remedies. Jones, 549 U.S. at 218 (requiring
prisoners to comply with the procedural rules of the incarcerating facility). However, he could
not have done so prior to his ADC transport. Porter v. Sturm, 781 F.3d 448, 451 (8th Cir.
2015)(“Available remedies are capable of use for the accomplishment of a purpose immediately
utilizable and accessible”). Because he was prevented from submitting a grievance, Dorn is
excused from the exhaustion requirement. Lyon v. Vande Krol, 305 F.3d 806, 808 (8th Cir.
2002)(inmates not held to the exhaustion requirement when prison officials prevented them from

exhausting their administrative remedies). The Court also agrees that no purpose would be served
by requiring Dorn to have file an untimely grievance on a subsequent incarceration.
Defendants are not entitled to summary judgment on the issue of exhaustion.
B. Individual Capacity Claims Against Sheriff Helder and Major Denzer
“Liability for damages for a federal constitutional tort is personal, so each defendant’s
conduct must be independently assessed. Section 1983 does not sanction tort by association.”
Heartland Acad. Cmty. Church v. Waddle, 595 F.3d 798, 805-06 (8th Cir. 2010)(quotation marks
and citation omitted). “To establish personal liability of the supervisory defendants, [Dorn] must

11
allege specific facts of personal involvement in, or direct responsibility for, a deprivation of his
constitutional rights.” Clemmons v. Armontrout, 477 F.3d 962, 967 (8th Cir. 2007) (internal
quotations and citation omitted). General responsibility for supervising a detention center is
insufficient to establish personal involvement. Reynolds v. Dormire, 636 F.3d 976, 981 (8th Cir.

2011). “An officer may be held liable only for his or her own use of excessive force.” Smith v.
City of Minneapolis, 754 F.3d 541, 547-48 (8th Cir. 2014)(quotation marks and citation omitted).
Neither Sheriff Helder nor Major Denzer were at the facility when the altercation took
place. Dorn has no evidence that either one was aware of the altercation when it occurred but
relies on a belief that incident reports were passed up the chain of command after the fact. While
Dorn alleges there have been other complaints about Deputy Brooks’ behavior that should have
put Sheriff Helder and Major Denzer on notice that Brooks was likely to resort to an
unconstitutional use force, Dorn has not provided evidence of any prior incident. There is no
basis on which to hold either Sheriff Helder or Major Denzer personally liable for the conduct of

Deputy Brooks.
Sheriff Helder and Major Denzer are entitled to summary judgment on the individual
capacity claims asserted against them.
C. Individual Capacity Excessive Force Claim Against Deputy Brooks
The Eighth Amendment prohibits cruel and unusual punishment. U.S. Const. amend.
VIII. In Whitley v. Albers, 474 U.S. 312 (1986), the Supreme Court stated that:
After incarceration, only the unnecessary and wanton infliction of pain constitutes
cruel and unusual punishment forbidden by the Eighth Amendment.

. . .

12
Where a prison security measure is undertaken to resolve a disturbance, such as
occurred in this case, that indisputably poses significant risks to the safety of
inmates and prison staff, we think the question whether the measure taken inflicted
unnecessary and wanton pain and suffering ultimately turns on whether force was
applied in a good faith effort to maintain or restore discipline or maliciously and
sadistically for the very purpose of causing harm.

Id. at 319-20. When determining whether a triable issue exists on the basis of use of force against
a convicted person, he Court considers such factors as the need for the application of force, the
relationship between the need and the amount of force that was used, the extent of the injury
inflicted, the threat to the safety of the staff and inmates, and any attempt to temper the severity of
the response. Id. at 321. “The word ‘sadistically’ [in the Whitley opinion] is not surplusage,
‘maliciously’ and ‘sadistically’ have different meanings, and the two together establish a higher
level of intent than would either alone.” Howard v. Barnett, 21 F.3d 868, 872 (8th Cir.
1994)(citation omitted).
The Supreme Court held that “the extent of any resulting injury, while material to the
question of damages and informative as to the likely degree of force applied is not in and of itself
a threshold requirement for proving this type of Eighth Amendment claim.” Williams v. Jackson,
600 F.3d 1007, 1012 (8th Cir. 2010)(citing Wilkins v. Gaddy, 590 U.S. 34 (2010)). “The infliction
of pain in the course of a prison security measure, therefore, does not amount to cruel and unusual
punishment simply because it may appear in retrospect that the degree of force authorized or
applied for security purposes was unreasonable, and hence unnecessary in the strict sense.”
Whitley, 475 U.S. at 319.
Video exists of the incident giving rise to Dorn’s claims. Although there is no audio, the
video is consistent with Defendant’s claims that Dorn was refusing to follow orders, inconsistent
with Dorn’s claims that he was simply trying to intercom to communicate with the sergeant, and
13
shows that once Deputies Brooks and Fennel attempted to restrain him, Dorn began physically
resisting the officers. Deputy Montano then began to assist. With three officers attempting to
restrain him on the floor, Dorn continued to successfully resist their efforts by remaining in
constant motion by twisting and turning his body. Even after Deputy Brooks twice struck Dorn

in the side of the face or head, Dorn continued resisting. When Inmate Jones entered the fray,
Dorn used this opportunity to strike out at Deputy Brooks. While it is not entirely clear from the
video whether Dorn successfully made physical contact with Deputy Brooks, Deputy Brooks then
struck Dorn two more times.
Dorn suffered only minor physical injuries from the altercation and testified he did not
need any medical attention. There is no evidence in the record that demonstrates a genuine
dispute of material fact as to whether Deputy Brooks acted maliciously and sadistically for the
purpose of causing harm to Dorn. Rather, the video conclusively supports that the alleged
unconstitutional force was used only in response to Dorn’s active physical resistance of the
officers.

Deputy Brooks is entitled to summary judgment on the individual capacity claims against
him.
D. Official Capacity Claims Against Washington County
Official capacity § 1983 claims against a defendant are “functionally equivalent to a suit
against the employing governmental entity.” Veatch v. Bartels Lutheran Home, 627 F.3d 1254,
1257 (8th Cir. 2010). Plaintiff’s official capacity claims against Defendants are treated as claims
against Washington County. See Murray v. Lene, 595 F.3d 868, 873 (8th Cir. 2010). “[I]t is well
established that a municipality [or county] cannot be held liable on a respondeat superior theory,

14
that is, solely because it employs a tortfeasor.” Atkinson v. City of Mountain View, Mo., 709 F.3d
1201, 1214 (8th Cir. 2013). To establish liability on the part of Washington County under section
1983, Dorn “must show that a constitutional violation was committed pursuant to an official
custom, policy, or practice of the governmental entity.” Moyle v. Anderson, 571 F.3d 814, 817

(8th Cir. 2009) (citation omitted).
Dorn does not allege the existence of any policy, practice, or custom of Washington County
that contributed to the alleged violation of Plaintiff’s constitutional rights, and one cannot
reasonably be inferred from the evidence on the record. Accordingly, Plaintiff’ s official capacity
claims against Defendants fail as a matter of law.
IV. CONCLUSION
For the reasons stated, Defendants’ Motion for Summary Judgment (ECF No. 40) is
GRANTED and this case DISMISSED WITH PREJUDICE. A judgment will be entered this
same date.
IT IS SO ORDERED this 17th day of January 2020.

/s/P.K. Holmes,

P. K. HOLMES, III
U.S. DISTRICT JUDGE

15

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10010415. Public record. Not legal advice.