Opinion

Floyd v. Dillmann

Court
District Court, E.D. Louisiana
Filed
Jul 13, 2022
Cited by
0 cases
Authority
More cited than 22.3%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

JD FLOYD CIVIL ACTION

VERSUS NO: 19-8769

JOHN DILLMANN ET AL. SECTION: “H”

ORDER AND REASONS

Before the Court is Defendant Stephen London’s Motion to Dismiss (Doc.

140). For the following reasons, the Motion is GRANTED.

BACKGROUND

This case arises from Plaintiff JD Floyd’s wrongful conviction and

imprisonment for the murder of William Hines, Jr.

In November 1980, William Hines, Jr. and Rodney Robinson were

murdered in the New Orleans French Quarter, one mile apart and close in time

to one another. Hines, a gay white male, was found nude and stabbed to death

in his bedroom. There were no signs of forced entry, and one glass of alcohol

was found in Hines’s bedroom, another in his kitchen. Friends of Hines told

Detective John Dillmann, the lead detective on the murder investigation, that

Hines would often attempt to pick up sexual partners while intoxicated. The

New Orleans Police Department (NOPD) Crime Laboratory analyzed evidence

recovered from the scene and found hairs belonging to an African American

person on Hines’s bed sheets. Because Hines’s body was not discovered until

at least 24 hours after his death, any evidence of seminal fluid or spermatozoa

was undetectable. The blood at the scene, however, was from a person with

Type A blood. Fingerprints lifted from a bottle of whiskey on Hines’s kitchen

table did not match the victim’s or Plaintiff’s prints, though this evidence was

never disclosed to the defense.

About three days after Hines’s murder, Robinson was stabbed to death

at a nearby hotel. Detective Michael Rice acted as lead detective on the

Robinson investigation. Robinson, a gay Black male, was found with a blue

knit cap stained with Type O blood, which was Robinson’s blood type. The knit

cap also contained hair belonging to an African American—but not, according

to the NOPD lab, Robinson’s. Inside Robinson’s hotel room, police found

drinking glasses on each end table next to the bed and a white tissue paper

with seminal fluid on it. An analysis of the semen revealed that it was produced

by someone with Type A blood. Fingerprints taken from the drinking glasses

and the passenger side of Robinson’s car did not match Plaintiff’s, though again

this was not revealed to Plaintiff until years after trial. Additionally, a hotel

security guard reported that she saw an African American man running from

the back door of the hotel shortly before the police arrived.

Initially, Detectives Dillmann and Rice investigated Black men as the

lead suspects in the Hines and Robinson cases. Later, after a tip from someone

that Plaintiff had made incriminating statements to him, the detectives shifted

their focus to Plaintiff—a white male with Type B blood. At the time, Plaintiff

was living in the French Quarter as a “drifter” with a drug and alcohol problem.

Plaintiff has an intellectual disability and an IQ of 59. On January 19, 1981,

Detective Dillmann and NOPD Officer John Reilly found Plaintiff drinking at

the Louisiana Purchase Bar in the French Quarter. They bought him at least

one drink before taking him outside to arrest him. At NOPD’s Homicide Office,

Detective Dillmann and Officer Reilly, joined by Detective Rice, interrogated

Plaintiff, who initially denied involvement in the murders but later broke down

and confessed. The officers obtained signed confessions to both murders from

Plaintiff. Plaintiff alleges these officers fabricated the confessions and included

details in them known only to the perpetrator of the murders. Plaintiff further

alleges that the officers then physically assaulted, threatened, and coerced him

into signing the confessions.

Plaintiff was indicted on two counts of second-degree murder. He then

waived his right to a jury trial and proceeded to a joint bench trial in Orleans

Parish Criminal District Court. After Plaintiff was found guilty of Hines’s

murder but was acquitted of Robinson’s, he was sentenced to life imprisonment

without parole. The Louisiana Supreme Court affirmed his conviction and

sentence.1

In 2008, the Innocence Project New Orleans (IPNO) discovered copies of

the NOPD Latent Print Unit’s logbook that revealed that Plaintiff was not the

source of fingerprints left at both murder scenes. This evidence was generated

pre-trial yet never disclosed to Plaintiff or his counsel. That same year, IPNO

also discovered that John Clegg, a close friend of Hines, had told Detective

1 State v. Floyd, 435 So. 2d 992 (La. 1983).

Dillmann during the investigation that Hines had a distinct sexual preference

for Black males. Dillmann had testified at trial that he was told that Hines

had sexual relations with both Black and white males.

In light of this new evidence, and on a motion for federal habeas relief

under 28 U.S.C. § 2254, another section of this Court found that Plaintiff had

satisfied the Carrier standard of “a constitutional violation [that] has probably

resulted in the conviction of one who is actually innocent” and that therefore

his habeas petition was not untimely.2 The Court then granted habeas relief

based on the State’s Brady violations of withholding the exculpatory

fingerprint results and the statement from Clegg.3 The State was ordered to

retry or release Plaintiff within 120 days of the decision. This order was stayed

when the State appealed to the Fifth Circuit. The Fifth Circuit affirmed this

Court’s rulings on both grounds: evidence of Plaintiff’s actual innocence meant

his petition was not untimely, and he was entitled to relief on the merits based

on his Brady claims.4 Once the United States Supreme Court denied cert on

the State’s appeal, all charges against Plaintiff were dismissed.

Based on his wrongful imprisonment, Plaintiff brings clams under 42

U.S.C. § 1983 and state law against the City of New Orleans, former District

Attorney Leon Cannizzaro, Jr., District Attorney Jason Williams, and New

Orleans Police Department Detective John Dillman, Detective Michael Rice,

and Lieutenant Stephen London. In the instant Motion, Defendant London

2 Murray v. Carrier, 477 U.S. 478, 496 (1986); see also Floyd v. Cain, CIVIL ACTION NO:

11-2819, 2016 WL 4799093 (E.D. La. Sept. 14, 2016) (Vance, J.).

3 See Floyd v. Vannoy, CIVIL ACTION NO. 11-2819, 2017 WL 1837676 (E.D. La. May 8,

2017) (Vance, J.).

4 See Floyd v. Vannoy, 894 F.3d 143 (5th Cir. 2018).

moves for dismissal of the § 1983 claims against him, arguing that he is

entitled to judgment on the pleadings under Federal Rule of Civil Procedure

12(c) and to qualified immunity. Plaintiff opposes.

LEGAL STANDARD

A Rule 12(c) motion is subject to the same standard that is applicable to

a Rule 12(b)(6) motion to dismiss for failure to state a claim.5 To survive a Rule

12(b)(6) motion to dismiss, a plaintiff must plead enough facts “to state a claim

for relief that is plausible on its face.”6 A claim is “plausible on its face” when

the pleaded facts allow the court to “draw the reasonable inference that the

defendant is liable for the misconduct alleged.”7 A court must accept the

complaint’s factual allegations as true and must “draw all reasonable

inferences in the plaintiff’s favor.”8 The court need not, however, accept as true

legal conclusions couched as factual allegations.9 To be legally sufficient, a

complaint must establish more than a “sheer possibility” that the plaintiff’s

claims are true.10 If it is apparent from the face of the complaint that an

insurmountable bar to relief exists and the plaintiff is not entitled to relief, the

court must dismiss the claim.11 The court’s review is limited to the complaint

5 Johnson v. Johnson, 385 F.3d 503, 529 (5th Cir. 2004).

6 Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S.

544, 547 (2007)).

7 Id.

8 Lormand v. U.S. Unwired, Inc., 565 F.3d 228, 232 (5th Cir. 2009).

9 Iqbal, 556 U.S. at 678.

10 Id.

11 Lormand, 565 F.3d at 255–57.

and any documents attached to the motion to dismiss that are central to the

claim and referenced by the complaint.12

LAW AND ANALYSIS

Plaintiff’s Complaint asserts the following five § 1983 claims against

Defendant London: (1) a claim for deprivation of liberty without due process,

(2) a claim for unlawful seizure and detention without probable cause, (3) a

claim for failure to intervene, (4) a civil rights conspiracy claim, and (5) a claim

for supervisory liability. Defendant London argues that Plaintiff’s Complaint

does not allege sufficient facts implicating him specifically to support any of

these claims.

Indeed, Plaintiff’s Complaint only specifically references London in four

instances. Those paragraphs state as follows:

28. Defendant Stephen London was at all times relevant herein a

duly appointed and acting Lieutenant of the NOPD, acting under

color of law pursuant to the statutes, ordinances, regulations,

policies, customs, and usage of New Orleans and the State of

Louisiana. He is sued in his individual capacity.

58. As Lieutenant Stephen London recalled when interviewed by

[Innocence Project New Orleans] in 2009, the Times-Picayune was

“all over” the NOPD to solve the murder of one of their own. The

Robinson murder was also big news—making the front page of

Times-Picayune’s Friday, November 28th evening edition and its

Saturday, November 29th morning edition.

215. Defendants London and John Doe Supervisors were

personally and directly involved in the case against Mr. Floyd and

12 Collins v. Morgan Stanley Dean Witter, 224 F.3d 496, 498 (5th Cir. 2000).

knew, or in the absence of their deliberate indifference,

recklessness, and gross negligence should have known, that their

subordinate officers had deprived Mr. Floyd of his clearly

established constitutional rights through misconduct that

included but was not limited to coercing and fabricating

confessions from Mr. Floyd; beating and threatening Mr. Floyd;

deliberately ignoring evidence of Mr. Floyd’s innocence; and

violating Defendants’ ongoing affirmative obligation to come

forward with evidence of innocence and the truth of their own

misconduct.

276. Upon information and belief, Defendants London and other

John Doe supervisors of the individual Defendants in this case,

acting in their individual capacities, failed to take due care in

supervising the investigative practices of the individual

Defendants.

In further support of each of the five § 1983 claims, Plaintiff makes the

following collective allegations against the Defendants sued in their individual

capacities, namely, Dillmann, Rice, and London.

First, as to his deprivation of liberty claim, Plaintiff alleges that all

individual Defendants

improperly fabricated false confessions to the murders of William

Hines and Rodney Robinson, which they later coerced Mr. Floyd

into signing; fabricated false evidence to support the coerced

confessions; suppressed exculpatory evidence that would have

contradicted the false confessions, . . . and instead followed

through with the unlawful prosecution of Mr. Floyd.13

Plaintiff elaborates each of these allegations with specific facts from the case

but never mentions Defendant London individually.

13 Doc. 1, ¶ 178.

Second, as for his unlawful seizure claim, Plaintiff alleges that the

individual Defendants arrested, detained, and prosecuted him even though

they knew they had no probable cause to do so. Plaintiff also alleges that

Defendants willfully or recklessly ignored exculpatory evidence and evidence

incriminating other suspects. Plaintiff’s Complaint specifies the evidence that

Defendants allegedly ignored, but it does not mention Defendant London by

name or describe his specific role in these violations.

Third, Plaintiff brings a failure to intervene claim against all individual

Defendants, alleging that even though they had the opportunity to intervene

to prevent violations of Plaintiff’s constitutional rights, Defendants failed to do

so. Plaintiff only makes this sole collective allegation in support of the failure

to intervene claim.

Fourth, with respect to his conspiracy claim against all individual

Defendants, Plaintiff alleges that “Dillmann, Rice, John Doe Latent Print Unit

analyst, and others yet unknown” agreed with others to act in concert to

deprive Plaintiff of his constitutional rights.14 Plaintiff lists the overt acts of

the conspiracy committed by “Defendants,” though London is not referenced

specifically.15

Finally, Plaintiff brings a supervisory liability claim against London and

“John Doe Supervisors.”16 Plaintiff alleges that London and other unknown

supervisors were personally involved in Plaintiff’s case and knew or should

have known that their subordinate officers had deprived Plaintiff of his

14 Id. at ¶ 211.

15 Id. at ¶ 212.

16 Id. at ¶ 215.

constitutional rights. Plaintiff alleges that London failed to supervise his

subordinate officers and allowed them to act with impunity, which led to the

deprivation of Plaintiff’s constitutional rights.

The parties dispute whether these collective allegations that lump

together multiple individuals are sufficient to allege a claim against London in

particular. In Cain v. City of New Orleans, another section of this Court

encountered this same issue.17 There, the Court noted that the plaintiffs’

complaint “directs its allegations not towards the City, or any other individual

or entity, but towards ‘defendants’ as a group.”18 The Court explained that

“[t]his pleading structure—lumping all defendants together and asserting

identical allegations as to each, without distinction—largely prevents the

Court from discerning which defendants are allegedly responsible for which

allegedly unlawful actions.”19 “Because the notice pleading requirement[s] of

the Federal Rules of Civil Procedure entitle ‘each defendant...to know what he

or she did that is asserted to be wrongful,’ allegations based on a ‘theory of

collective responsibility’ cannot withstand a motion to dismiss.”20

17 NO. 15-4479, 2016 WL 2849478 (E.D. La. May 13, 2016) (Vance, J.).

18 Id. at *4.

19 Id. at *5.

20 Id. (quoting Bank of Am., N.A. v. Knight, 725 F.3d 815, 818 (7th Cir. 2013)); see also Tilson

v. DISA, Inc., CIVIL ACTION 17-240, 2019 WL 208871, at *2 (M.D. La. Jan. 15, 2019);

Angelle v. Town of Duson, No. 6:18-cv-00272, 2018 WL 4649788, at *9 (W.D. La. Aug. 7, 2018)

(citing Cain and concluding that “allegations in the complaint related to the constitutional

violations under § 1983 as well as state law fail to make clear exactly who is alleged to have

done what to whom”); Zola H. v. Snyder, No. 12-14073, 2013 WL 4718343, at *7 (E.D. Mich.

Sept. 3, 2013) (dismissing complaint that lumped defendants together and failed “to impute

concrete acts to specific litigants”); Petri v. Kestrel Oil & Gas Properties, L.P., No. CIV.A. H-

09-3994, 2011 WL 2181316, at *7 (S.D. Tex. June 3, 2011).

Here, the Court reaffirms and reapplies its reasoning in Cain. In support

of the first and second § 1983 claims, Plaintiff charges all individual

Defendants with coercing a confession, fabricating statements, suppressing

exculpatory evidence, and pursuing arrest and prosecution without probable

cause. Just as in Cain, these collective allegations prevent the Court from

discerning whether Defendant London is charged with any, some, or all of

these constitutional violations. This is especially true given the factual

background provided by Plaintiff’s Complaint, which never once specifies or

elaborates on London’s involvement in Plaintiff’s case. Plaintiff’s third § 1983

claim—failure to intervene—suffers from this same defect, as it consists of a

single collective, conclusory allegation.

Plaintiff’s conspiracy claim is similarly ambiguous as to whether and to

what extent it applies to Defendant London. Plaintiff first identifies a number

of conspirators—save London—by name: Dillmann, Rice, Officer John Reilly,

Detective Fred Dantagnan, Sergeant Paul Drouant, and Detective Martin

Venezia. Plaintiff then attributes various overt acts in furtherance of the

conspiracy to “Defendants,” collectively. While London is a defendant and thus

appears to be implicated in Plaintiff’s list of overt acts, there is no allegation

that London was part of any agreement. Thus, it seems that Plaintiff has

charged London with furthering a conspiracy to which he was not a party.

Moreover, the overt acts are alleged collectively, just like the allegations

discussed above, meaning it is unclear if London engaged in one, some, or all

of them. For example, the allegation of “fail[ing] to investigate leads pointing

to other suspects and corroborating Mr. Floyd’s innocence” is ostensibly leveled

at London (among others), but reading it as such does not square with

Plaintiff’s recitation of the facts. It was Dillmann and Rice, not London, who

investigated the Hines and Robinson murders, according to Plaintiff.

Plaintiff’s final § 1983 claim—supervisory liability—contains a hair

more factual content as to Defendant London, but not enough to meet the

Twombly-Iqbal pleading standard. While Plaintiff avers that “London and

John Doe Supervisors were personally and directly involved in the case against

Mr. Floyd,” he fails to say how they were so involved.21 Plaintiff then goes on

to state in a conclusory fashion that London knew or should have known that

certain subordinate officers had violated Plaintiff’s rights.22 “While legal

conclusions can provide the complaint’s framework, they must be supported by

factual allegations.”23 Plaintiff purports to allege that “London, as the acting

Lieutenant of the NOPD . . . oversaw the investigation of the Hines and

Robinson murders.”24 The Court cannot locate such an allegation, however.

Plaintiff states that “Defendant Stephen London was at all times relevant

herein a duly appointed and acting Lieutenant,” but not that he oversaw the

Hines and Robinson investigations.25 Similarly, Plaintiff merely implies that

London acted as supervisor to Detectives Dillmann and Rice, but that does not

mean he was involved in or even knew of their treatment of Plaintiff.

The Fifth Circuit has made it clear that “[i]n order to state a cause of

action under section 1983, the plaintiff must identify defendants who were

21 Doc. 1, ¶ 215.

22 See id.

23 Iqbal, 556 U.S. at 664.

24 Doc. 144 at 11.

25 Doc. 1, ¶ 28 (emphasis added).

either personally involved in the constitutional violation or whose acts are

causally connected to the constitutional violation alleged.”26 “It is not enough

to allege that government officials with no direct contact with a plaintiff are

responsible for acts of their subordinates.”27 Here, Plaintiff fails to specify—

individually, factually, and in a non-conclusory fashion—how London was

involved in or causally connected to any constitutional violations. Thus, the

Court finds that Plaintiff’s Complaint, as it stands, fails to state a claim against

London. “[U]nless futile, courts generally allow one chance to amend deficient

pleadings before dismissing with prejudice.”28 The Court finds that

amendment in this case would not be futile. Accordingly, the Court grants

Plaintiff leave to amend his Complaint in order to attempt to remedy the

deficiencies identified herein.

CONCLUSION

For the foregoing reasons, the Motion is GRANTED. IT IS ORDERED

that Plaintiff is given leave to file an amended complaint to attempt to fix the

deficiencies identified in this Order.

IT IS FURTHER ORDERED that Plaintiff must file his amended

complaint, if any, within 15 days of the date of this Order.

26 Woods v. Edwards, 51 F.3d 577, 583 (5th Cir. 1995) (citing Lozano v. Smith, 718 F.2d 756,

768 (5th Cir. 1983)).

27 Anderson v. Pasadena Indep. Sch. Dist., 184 F.3d 439, 443 (5th Cir. 1999) (citing Woods,

51 F.3d at 583).

28 Buc-ee’s, Ltd. v. Bucks, Inc., 262 F. Supp. 3d 453, 467 (S.D. Tex. 2017) (citing Great Plains

Trust Co. v. Morgan Stanley Dean Witter & Co., 313 F.3d 305, 329 (5th Cir. 2002)).

New Orleans, Louisiana this 13th day of July, 2022.

g TRICHE Lh >

UNITED STATES DISTRICT JUDGE

13

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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