Opinion

Jenkins v. Frank

Court
District Court, W.D. Louisiana
Filed
Oct 21, 2019
Cited by
0 cases
Authority
More cited than 22.5%

holding that demonstrating “simple or heightened negligence” in hiring choices is insufficient to establish deliberate indifference

How later courts described this case

  • holding that demonstrating “simple or heightened negligence” in hiring choices is insufficient to establish deliberate indifference

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF LOUISIANA

LAFAYETTE DIVISION

MICHELLE JENKINS CASE NO. 6:19-CV-00620

VERSUS JUDGE ROBERT R. SUMMERHAYS

A. J. FRANK, ET AL. MAGISTRATE JUDGE WHITEHURST

RULING ON OBJECTION

Before the Court is an Objection by Plaintiff [Doc. No. 26] to the Report and

Recommendation (“R&R”) issued by the Magistrate Judge. The Magistrate Judge recommends all

claims asserted against Chief Allen Ivory be dismissed for failure to state a claim. Plaintiff objects

to the extent the R&R recommends dismissal of her hiring claim asserted pursuant to 43 U.S.C. §

1983 against Chief Ivory in his individual capacity.

Vicarious liability does not apply to § 1983 claims. Connick v. Thompson, 563 U.S. 51, 60

(2011). Under § 1983, “a government official can be held liable only for his own misconduct.”

Carnaby v. City of Houston, 636 F.3d 183, 189 (Sth Cir. 2011). In order to assert a valid claim

against a supervisory official in his individual capacity, the official must affirmatively participate

in the acts that caused the constitutional deprivation, or he must implement unconstitutional

policies that causally result in the constitutional injury. Porter v. Epps, 659 F.3d 440, 446 (Sth Cir.

2011). “In order to establish supervisor liability for constitutional violations committed by

subordinate employees, plaintiffs must show that the supervisor act[ed], or fail[ed] to act, with

deliberate indifference to violations of others’ constitutional rights committed by their

subordinates.” Porter at 446 (alterations, emphasis in original) (quoting Gates v. Texas Dep’t of

Prot. & Reg. Servs., 537 F.3d 404, 435 (Sth Cir. 2008)).

‘Deliberate indifference” to the “known or obvious consequences” of a hiring decision can

amount to a constitutional violation under § 1983 on the part of the decisionmaker. Gros y. City of

Grand Prairie, 209 F.3d 431, 433 (5th Cir. 2000). But “[a] showing of simple or even heightened

negligence will not suffice.” Jd. (quoting Board of County Comm’rs v. Brown, 520 U.S. 397, 407

(1997)); see also Rivera v. Bonner, 691 Fed.Appx. 234, 237 (Sth Cir. 2017) (holding that

demonstrating “simple or heightened negligence” in hiring choices is insufficient to establish

deliberate indifference). Instead, “deliberate indifference” exists where adequate scrutiny of an

applicant’s background would lead a reasonable supervisor to conclude that the plainly obvious

consequences of the decision to hire would be the deprivation of a third party’s constitutional

rights. Gros, 209 F.3d at 433-34 (citing Snyder v. Trepagnier, 142 F.3d 791, 797 (Sth Cir. 1998)).

|redicting the consequence of a single hiring decision, even based on an inadequate assessment

of a record, is far more difficult than predicting what might flow from the failure to train a single

law enforcement officer as to a specific skill necessary to the discharge of his duties.’” Rivera, 691

Fed. Appx. at 237-38 (quoting Brown, 520 U.S. at 410). A plaintiff must therefore show that there

was ““‘a strong connection between the background of the particular applicant and the specific

violation alleged’ such that ‘the hired officer was highly likely to inflict the particular type of

injury suffered.’” /d. (quoting Gros, 209 F.3d at 434).

In this matter, Plaintiff alleges Chief Ivory hired Officer Frank “despite knowing” of

Officer Frank’s “well-known history within the law enforcement community of being an officer

with a penchant for violence, and for misusing his authority to inflict physical pain on members of

the community.” [Doc. No. 1-5 at 4]. “To survive a motion to dismiss, a complaint must contain

sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’”

Ashcroft v. Iqbal, 556 U.S. 662, 678 (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570

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(2007)). “A claim has facial plausibility when the plaintiff pleads factual content that allows the

court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Jd.

(quoting Twombly at 556). Here, the Complaint fails to allege any facts related to Frank’s

background or Ivory’s background check and/or hiring process. As such, Plaintiff has failed to

state a claim against Chief Ivory in his individual capacity for his hiring of Officer Frank.

Accordingly, the Court finds this claim must be dismissed.

THUS DONE in Chambers on this o day of October, 2019.

dO Say □□

ROBERT R. SUMMERHA

UNITED STATES DISTRICT J /

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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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