Opinion

Dye v. McIntosh County Board of County Commissioners

Court
District Court, E.D. Oklahoma
Filed
Mar 31, 2025
Cited by
0 cases
Authority
More cited than 34.7%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF OKLAHOMA

JASON GRANT DYE,

Plaintiff,

v. Case No. 24-CV-035-RAW-JAR

BOARD OF COUNTY COMMISSIONERS

FOR McINTOSH COUNTY, MONICA

SMITH, MARY MARTIN, KAREN

HUGHES, ZACHARY TODD, SETH

MORGAN and DILLAN HANIKA,

Defendants.

OPINION AND ORDER

This civil rights action, brought pursuant to 42 U.S.C. § 1983, is before the court on

Defendants Board of County Commissioners of McIntosh County, Monica Smith, Mary Martin,

Karen Hughes, Zachary Todd, Seth Morgan and Dillan Hanika (“Defendants”) Motion to Dismiss

(“Motion”). Dkt. No. 34. The court has before it for consideration Plaintiff’s Amended Complaint

[Dkt. No. 12], Defendants’ Motion [Dkt. No. 34], Plaintiff’s Response [Dkt. No. 35] and

Defendants’ Reply [Dkt. No. 36]. After careful review, the court finds the Motion should be

granted.

I. Background

Plaintiff, a pretrial detainee being held at the McIntosh County Jail, commenced this action

on January 26, 2024. See Dkt. No. 1 at 2. He filed this civil rights complaint pursuant to 42 U.S.C.

§ 1983, seeking relief for alleged constitutional violations he endured at McIntosh County Jail and

challenges his initial arrest. See Dkt. No. 12. Plaintiff named Board of Commissioners for

McIntosh County, Monica Smith, in her official capacity, Mary Martin, in her official capacity,

Karen Hughes, in her official capacity, Zachary Todd, in his official capacity, Seth Morgan, in his

official capacity and Dillan Hanika, in his official capactiy. See id. Plaintiff contends the

individual Defendants committed the following constitutional violations: 1) retaliation for

exercising his First Amendment rights; 2) impermissibly opening his legal mail outside of his

presence; and 3) arresting him without a warrant or probable cause. Id. Defendants responded to

the Amended Complaint by way of their Motion to Dismiss. Dkt. No. 34.

II. Standard of Review

Under Rule 12(b)(6) of the Federal Rules of Civil Procedure, a complaint should be

dismissed for failure to state a claim upon which relief can be granted “only when it appears that

the plaintiff can prove no set of facts in support that would entitle him to relief, accepting the well-

pleaded allegations of the complaint as true and construing them in the light most favorable to the

plaintiff.” Dubbs v. Head Start, Inc., 336 F.3d 1194, 1201 (10th Cir. 2003) (quoting Yoder v.

Honeywell, Inc., 104 F.3d 1215, 1224 (10th Cir. 1997)). “The court’s function on a Rule 12(b)(6)

motion is not to weigh potential evidence that the parties might present at trial, but to assess

whether the plaintiff’s complaint alone is legally sufficient to state a claim for which relief may be

granted.” Dubbs, 336 F.3d at 1201 (internal quotations and citations omitted).

A request for dismissal pursuant to Rule 12(b)(6) requires the court to determine whether

the complaint contains “enough facts to state a claim to relief that is plausible on its face.” Bell

Atl. Corp. v. Twombly, 550 U.S. 544, 570 (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.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).

Although the court is required to exercise a liberal interpretation of Plaintiff’s pleadings, Haines

v. Kerner, 404 U.S. 519, 520-21 (1972), the court need not assume the role of advocate for Plaintiff,

and he must present more than conclusory allegations to survive a motion to dismiss for failure to

state a claim, Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991). “[C]onclusory allegations

without supporting factual averments are insufficient to state a claim upon which relief can be

based.” Id. (citing cases). “[A] pro se plaintiff requires no special legal training to recount the

facts surrounding his alleged injury, and he must provide such facts if the court is to determine

whether he makes out a claim on which relief can be granted.” Id.

III. Analysis

Plaintiff asserts all three (3) claims against individual Defendants in their official capacity.

In Claim 1, Plaintiff alleges Defendant Smith, in her official capacity, placed him in solitary

confinement in retaliation for filing grievances against her and denied him access to the courts.

Dkt. No. 12 at 8. Concerning Claim 2, Plaintiff alleges Defendants Smith and Hughes, in their

official capacities, violated his constitutional rights by opening and inspecting his incoming mail

for the court outside of his presence. Id. at 11. Finally, concerning Claim 3, Plaintiff alleges

Defendants Todd, Hanika and Morgan, in their official capacities, arrested him without a warrant

or probable cause. Id. at 20.

An official capacity suit “generally represent[s] only another way of pleading an action

against an entity of which an officer is an agent.” Monell v. New York City Dep’t of Soc. Servs.,

436 U.S. 658, 690 n.55 (1978). The suit “is, in all respects other than name, to be treated as a suit

against the entity.” Kentucky v. Graham, 473 U.S. 159, 165-66 (1985). Thus, “[a] section 1983

suit against a municipality and a suit against a municipal official acting in his or her official

capacity are the same.” Myers v. Okla. Cnty. Bd. of Cnty. Comm’rs, 151 F.3d 1313, 1316 n.2 (10th

Cir. 1998) (alteration omitted). Municipalities may not be sued under 42 U.S.C. § 1983 on a theory

of respondeat superior for the actions of their employees. Monell, 436 U.S. at 692. Instead, local

governing bodies can be sued directly only where “the action that is alleged to be unconstitutional

implements or executes a policy statement, ordinance, regulation, or decision officially adopted

and promulgated by that body’s officers.” Id. at 690. Thus, “to establish municipal liability, a

plaintiff must show: 1) the existence of a municipal policy or custom and 2) a direct causal link

between the policy or custom and the injury alleged.” Graves v. Thomas, 450 F.3d 1215, 1218

(10th Cir. 2006). The Tenth Circuit has explained that

[a] municipal policy or custom may take the form of (1) a formal regulation or

policy statement; (2) an informal custom amounting to a widespread practice that,

although not authorized by written law or express municipal policy, is so permanent

and well settled as to constitute a custom or usage with the force of law; (3) the

decisions of employees with final policymaking authority; (4) the ratification by

such final policymakers of the decisions—and the basis for them—of subordinates

to whom authority was delegated subject to these policymakers’ review and

approval; or (5) the failure to adequately train or supervise employees, so long as

that failure results from “deliberate indifference” to the injuries that may be caused.

Bryson v. City of Oklahoma City, 627 F.3d 784, 788 (10th Cir. 2010) (alteration and internal

quotation marks omitted).

Plaintiff does not allege that any Defendant acted pursuant to a written or formal municipal

policy or custom in Claims 1, 2 or 3. Nor does Plaintiff allege that any Defendant acted in

accordance with an informal custom with the force of law.1 Plaintiff’s Amended Complaint is

likewise devoid of any facts from which the Court could infer that any Defendant has final

policymaking authority, that a final policymaker delegated such authority to any Defendant and

ratified one of the Defendant’s decisions or that the alleged constitutional violation was the

1 In his Response, Plaintiff argues, “the fact that th[ere] are so many defendants who have played

a role in the violations this clearly shows this is the custom of these agents, employees and officers

that it amounts to wide spread practice and is so permanent and well settled as to constitute a

custom or usage with the force of law.” Dkt. No. 35 at 5-6. When determining whether to grant

a motion to dismiss, the court is limited to assessing the legal sufficiency of the allegations

contained within the four corners of the Amended Complaint. Jojola v. Chaves, 55 F.3d 488, 494

(10th Cir. 1995). Accordingly, the court declines to consider new allegations asserted in Plaintiff’s

Response.

consequence of inadequate training or supervision. Without more, Plaintiff’s allegations fail to

state a plausible official capacity claim against Defendant Smith, Defendant Martin, Defendant

Hughes, Defendant Todd, Defendant Morgan or Defendant Hanika. For the same reasons,

Plaintiff’s claims against Defendant Board of County Commissioners of McIntosh County

likewise fail. Plaintiff’s Amended Complaint [Dkt. No. 12] shall be dismissed for failure to state

a claim upon which relief can be granted.

IV. Conclusion

For the foregoing reasons, Defendants’ Motion to Dismiss [Dkt. No. 34] is GRANTED.

IT IS HEREBY ORDERED that:

1. Plaintiff’s § 1983 claims against Defendants Board of County Commissioners of

McIntosh County, Monica Smith, Mary Martin, Karen Hughes, Zachary Todd, Seth Morgan and

Dillan Hanika are DISMISSED WITHOUT PREJUDICE for failure to state a claim upon which

relief may be granted pursuant to Fed. R. Civ. P. 12(b)(6);

2. The dismissal shall count as a “prior occasion” or “strike,” pursuant to 28 U.S.C. §

1915(g);

3. A separate judgment of dismissal shall be entered in favor of Defendants and

against Plaintiff.

Dated this 31st day of March, 2025.

__________________________________

RONALD A. WHITE

UNITED STATES DISTRICT JUDGE

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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