Opinion

JaQuan Bradford v. Ilona Avery

  • 855 F.3d 890
  • 2017 U.S. App. LEXIS 7655
  • 2017 WL 1541210
Court
Court of Appeals for the Eighth Circuit
Filed
May 1, 2017
Status
Published
Author
Murphy
On the bench
Wollman, Murphy, Colloton
Cited by
6 cases
Authority
More cited than 59.8%

requiring the court to construe the facts “in the light most favorable” to the nonmoving party

How later courts described this case

  • requiring the court to construe the facts “in the light most favorable” to the nonmoving party

Written by the judges who cited it.

The opinion

United States Court of Appeals

For the Eighth Circuit

___________________________

No. 16-1767

___________________________

JaQuan Bradford

lllllllllllllllllllll Plaintiff - Appellant

v.

Christopher Palmer; Richard Shults

lllllllllllllllllllll Defendants

Ilona Avery; Joan Gerbo

lllllllllllllllllllll Defendants - Appellees

Revae Gabriel; Deb Wilkins

lllllllllllllllllllll Defendants

Robert Hendricks; Deborah Hanus

lllllllllllllllllllll Defendants - Appellees

Charles Krogmeier; Sally Titus; Jeanne Nesbit

lllllllllllllllllllll Defendants

____________

Appeal from United States District Court

for the Northern District of Iowa - Cedar Rapids

____________

Submitted: January 11, 2017

Filed: May 1, 2017

____________

Before WOLLMAN, MURPHY, and COLLOTON, Circuit Judges.

____________

MURPHY, Circuit Judge.

Plaintiff JaQuan Bradford was civilly committed to the Iowa Juvenile Home

for over two years as a child in need of assistance. He later brought this action

against employees of the home for allegedly violating his constitutional rights. The

district court granted summary judgment to defendants based on qualified immunity.

Bradford appeals, and we reverse and remand.

I.

JaQuan Bradford was civilly confined at the Iowa Juvenile Home between the

ages of 12 and 14. He had a history of severe behavioral problems, including

assaulting others, and these problems continued while he was at the home. A juvenile

court supervised his stay and received regular reports on it. Bradford alleges that he

was kept in seclusion for significant periods of time while he was at the home.

After reaching the age of majority, Bradford brought this action against

employees of the home for allegedly violating his constitutional rights by housing

him in prolonged solitary confinement, failing to educate him, and allowing him to

be sexually abused. Defendants moved for summary judgment. The district court

decided that defendants were entitled to qualified immunity because Bradford could

"not prove and has not produced any evidence that defendants should have been

aware of a breach of a clearly established law regarding [his] stay at [the home] while

at the same time the juvenile court, sitting in regular review proceedings, was finding

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nothing wrong regarding [his] stay" at the home. Summary judgment was granted to

defendants, and Bradford appeals.

II.

We review the "grant of summary judgment de novo, viewing the facts in the

light most favorable to the nonmoving party and making every reasonable inference

in his favor." McPherson v. O'Reilly Auto., Inc., 491 F.3d 726, 730 (8th Cir. 2007).

Summary judgment is warranted "if the record shows there is no genuine issue of

material fact and the moving party is entitled to judgment as a matter of law." Id.

A government official is entitled to qualified immunity from personal liability

unless "the facts shown by the plaintiff make out a violation of a constitutional or

statutory right" and "that right was clearly established at the time of the defendant's

alleged misconduct." Winslow v. Smith, 696 F.3d 716, 730–31 (8th Cir. 2012)

(quoting Brown v. City of Golden Valley, 574 F.3d 491, 496 (8th Cir. 2009)). A

court may take up these questions in either order. Id. at 731. Qualified immunity

thus "protects 'all but the plainly incompetent or those who knowingly violate the

law.'" Mullenix v. Luna, 136 S. Ct. 305, 308 (2015) (per curiam) (quoting Malley v.

Briggs, 475 U.S. 335, 341 (1986)).

The district court held as a matter of law that defendants were entitled to

qualified immunity because "the juvenile court, sitting in regular review proceedings,

was finding nothing wrong" with Bradford's confinement at the home. The juvenile

court, however, could only have approved the conditions of his confinement if it had

been informed about them. The parties agree that the juvenile court supervised

Bradford's confinement under Iowa Code § 232.95. That provision only requires the

juvenile court to review the duration of a child's commitment. It does not establish

that the juvenile court knew the conditions in which Bradford was being held.

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The reports submitted to the juvenile court also do not show that it was actually

made aware of the conditions of Bradford's confinement. The strongest indication

that Bradford was being held in prolonged seclusion was a report that stated he was

"back to living full-time in the Support Unit." Another report stated that he had lived

in the support unit for "the past couple months." Because these reports did not

describe the conditions Bradford encountered while in the support unit, they do not

show that the juvenile court had been informed that he was being held in seclusion.

On this record, the juvenile court's supervision of Bradford's commitment does not

establish that defendants are entitled to qualified immunity.

The district court addressed only the fact of juvenile court supervision in

determining that defendants were entitled to qualified immunity, and its opinion does

not contain sufficient detail to allow us to review whether defendants are entitled to

qualified immunity. See O'Neil v. City of Iowa City, 496 F.3d 915, 918 (8th Cir.

2007). Although defendants claim that summary judgment is appropriate for other

reasons, we remand for the district court to address these issues in the first instance.

See Loftness Specialized Farm Equip., Inc. v. Twiestmeyer, 742 F.3d 845, 851 (8th

Cir. 2014); Warmus v. Melahn, 110 F.3d 566, 569 (8th Cir. 1997).

III.

For these reasons we reverse and remand for more thorough review of

defendants' motion for summary judgment.

______________________________

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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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