Opinion

Hight v. Smith

Court
District Court, N.D. Alabama
Filed
Nov 23, 2022
Cited by
0 cases
Authority
More cited than 16.6%

The opinion

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ALABAMA

JASPER DIVISION

Frederick Earl Hight, Sr., as )

Administrator of the Estate of )

Frederick Earl Hight, II, )

)

Plaintiff,

)

v. )

T ) 6:21-cv-01307-LSC

Nick Smith, Walker County

)

Sheriff, in his individual

)

capacity; John “JJ” Jackson,

)

Walker County Deputy Sheriff,

)

in his individual capacity,

)

Defendants. )

Memorandum of Opinion and Order

Frederick Hight, Sr. (“Hight Sr.”) brings this action against Walker County

Sheriff Nick Smith and Deputy Sheriff John Jackson. Hight Sr. claims that Deputy

Jackson violated 42 U.S.C. § 1983 by using excessive force against his son, Frederick

Hight, II (“Hight II”). Alleging that Deputy Jackson has a history of using excessive

force, Hight Sr. also asserts a § 1983 failure-to-screen claim against Sheriff Smith.

Against both defendants, Hight Sr. brings a state law claim for wrongful death. In

response, both defendants filed a motion to dismiss the state law claim, and Sheriff

Smith filed a motion to dismiss the § 1983 claim against him. (Doc. 33.) For the

following reasons, the motions to dismiss are DENIED.

I. Background1

In February 2021, Hight Sr. called the Walker County emergency services to

seek assistance for his son, Hight II. (Doc. 32 at 3.) Hight Sr. reported that his son

suffered from mental illness, and that he was concerned for his well-being. (Id. at 4.)

Deputy Jackson responded to the call. (Id.) When he arrived, Hight Sr. was waiting

outside the home. (Id.) Deputy Jackson entered and instructed Hight Sr. to follow.

(Id.) Once inside, he confronted Hight II. (Id. at 5.) He allegedly drew his pistol and

ordered Hight II to “get on the ground.” (Id.) With his firearm in one hand, Deputy

Jackson then kneeled over Hight II while attempting to handcuff him. (Id.) As

tensions escalated, Deputy Jackson allegedly pointed his gun at Hight II’s chest and

threatened to shoot him. (Id. at 6.) He then allegedly placed the gun barrel on Hight

II’s chest and pulled the trigger. (Id.) Hight II allegedly died as a result of the

gunshot. (Id. at 7.)

1 In evaluating a motion to dismiss, this Court “draw[s] the facts from the allegations in the

complaint, which [it] accept[s] as true and construe[s] in the light most favorable to the plaintiffs.”

Lanfear v. Home Depot, Inc., 679 F.3d 1267, 1271 n.4 (11th Cir. 2012). The following facts are,

therefore, taken from the allegations contained in Plaintiff’s Complaint, and the Court makes no

ruling on their veracity.

As Administrator of the Estate of Hight II, Hight Sr. filed suit against Deputy

Jackson and Sheriff Smith. (Id. at 1.) In his amended complaint, he alleges that

Deputy Jackson used excessive force in violation of 42 U.S.C. § 1983. (Id. at 12.)

Hight Sr. also brings a § 1983 claim for “negligent hiring” against Sheriff Smith. (In

his brief, Hight Sr. characterizes this claim as a failure-to-screen claim.) (See id. at

13; doc. 38 at 9.) Finally, he asserts a state law wrongful death claim against Sheriff

Smith and Deputy Jackson. (Doc. 32 at 14.)

Hight Sr. claims that Sheriff Smith should not have hired Deputy Jackson

because of prior documented instances of excessive force. (Id.) The amended

complaint identifies three previous civil suits that concern Deputy Jackson’s

conduct during his tenure as Chief of Police of the City of Dora. (Id. at 8–10.) Each

of these suits allegedly settled before trial. (Id.) In two instances, the plaintiffs

suffered from mental impairment. (Id.)

On one occasion, Deputy Jackson responded to a request for a welfare check,

entered the home of the plaintiff, and according to the complaint, “brutally assaulted

him . . . kicking [the plaintiff] in the head multiple times and spraying pepper spray.”

(Id. at 8–9.) On another occasion, it is alleged that Deputy Jackson arrested a woman,

grabbed her hair to force her into a patrol car, struck her in the face, and beat her

while she was in custody. (Id.) In the third instance, Deputy Jackson allegedly

“committed assault and battery against” a plaintiff. (Id. at 10.) According to the

Plaintiff, the City of Dora fired Deputy Jackson, “at least in part, due to credible and

meritorious complaints of excessive force.” (Id. at 11.)

II. Standard of Review

In general, a pleading must include “a short and plain statement of the claim

showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). However, to

withstand a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6), a complaint

“must plead enough facts to state a claim to relief that is plausible on its face.” Ray

v. Spirit Airlines, Inc., 836 F.3d 1340, 1347–48 (11th Cir. 2016) (quoting Bell Atl. Corp.

v. Twombly, 550 U.S. 544, 570 (2007)) (internal quotation marks omitted). “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). Stated another way, the factual

allegations in the complaint must be sufficient to “raise a right to relief above the

speculative level.” Edwards v. Prime, Inc., 602 F.3d 1276, 1291 (11th Cir. 2010). A

complaint that “succeeds in identifying facts that are suggestive enough to render

[the necessary elements of a claim] plausible” will survive a motion to dismiss. Watts

v. Fla. Int’l Univ., 495 F.3d 1289, 1296 (11th Cir. 2007) (quoting Twombly, 550 U.S.

at 556) (internal quotation marks omitted).

In evaluating the sufficiency of a complaint, this Court first “identif[ies]

pleadings that, because they are no more than conclusions, are not entitled to the

assumption of truth.” Iqbal, 556 U.S. at 679. This Court then “assume[s] the[]

veracity” of the complaint’s “well-pleaded factual allegations” and “determine[s]

whether they plausibly give rise to an entitlement to relief.” Id. Review of the

complaint is “a context-specific task that requires [this Court] to draw on its judicial

experience and common sense.” Id. If the pleading “contain[s] enough information

regarding the material elements of a cause of action to support recovery under some

‘viable legal theory,’” it satisfies the notice pleading standard. Am. Fed’n of Labor &

Cong. of Indus. Orgs. v. City of Miami, 637 F.3d 1178, 1186 (11th Cir. 2011) (quoting

Roe v. Aware Woman Ctr. for Choice, Inc., 253 F.3d 678, 683–84 (11th Cir. 2001)).

III. Analysis

A. Section 1983 Claim against Sheriff Smith

Under 42 U.S.C. § 1983, “masters do not answer for the torts of their

servants.” See Iqbal, 556 U.S. at 677. Generally, then, “each Government official . .

. is only liable for his or her own misconduct.” Id. Sheriff Smith, therefore, can only

face liability for his decision to hire Deputy Jackson if the Court applies “rigorous

standards of culpability and causation . . . to ensure that [Sheriff Smith] is not held

liable solely for the actions” of Deputy Jackson. See Bd. of Cnty. Comm’rs of Bryan

Cnty. v. Brown, 520 U.S. 397, 405 (1997).

For culpability, the decisionmaker must act with “deliberate indifference” to

the Plaintiff’s rights. See id. at 411. In the hiring context, the deliberate indifference

standard is only satisfied “where adequate scrutiny of an applicant’s background

would lead a reasonable policymaker to conclude that the plainly obvious

consequence of the decision to hire the applicant would be the deprivation” of a

protected right. Id. For causation, the Court must find “that this officer was highly

likely to inflict the particular injury suffered by the plaintiff,” so the link “between

the background of the particular applicant and the specific constitutional violation

alleged must be strong.” Id. at 412 (emphasis in original).

In Bryan County, the Supreme Court declined to impose liability against a

municipality for a hiring decision. In that case, a deputy sheriff applicant had a

history of various misdemeanor offenses, including assault, resisting arrest, and

several driving-related offenses. See id. at 413–14. These transgressions “may well

have made him an extremely poor candidate for reserve deputy,” but the

municipality’s decision to hire the deputy did not “reflect[] [a] conscious disregard

of an obvious risk that a use of excessive force would follow.” Id. at 415.

At this stage of the proceedings, Hight Sr.’s allegations against Sheriff Smith

“plausibly give rise to an entitlement to relief.” Iqbal, 556 U.S. at 679. Crucially,

Hight Sr. alleges that Deputy Jackson had a history of using excessive force,

especially against those with mental health problems. To support this allegation,

Hight Sr. points to several episodes in Deputy Jackson’s past. While Deputy Jackson

was Police Chief of the City of Dora, three plaintiffs allegedly sued him for using

excessive force. In two of these cases, family members had called the police out of

concern for the mental health of relatives, and Deputy Jackson allegedly used

excessive force against these mentally ill relatives. Because of these incidents and

others, Deputy Jackson allegedly lost his position as Dora Police Chief.

These allegations of past misconduct bear a very strong resemblance to

Deputy Jackson’s alleged use of excessive force against Hight II. Unlike the plaintiff

in Bryan County, Hight Sr. is not merely alleging that Deputy Jackson’s background

reveals violent or reckless proclivities in general. See Bryan Cnty., 520 U.S. at 413–

15. Rather, Hight Sr. specifically alleges that Deputy Jackson’s background clearly

reflects his propensity to use excessive force against the mentally impaired. As a

result, Deputy Jackson’s use of excessive force against Hight II “would have been a

plainly obvious consequence of” Sheriff Smith’s hiring decision. Id. at 414.

Notwithstanding, Sheriff Smith contends that qualified immunity protects his

decision to hire Deputy Jackson—even if it was constitutionally infirm—because his

decision did not violate a “clearly established” constitutional right. For a right to be

clearly established, “[t]he contours of the right must be sufficiently clear that a

reasonable official would understand that what he is doing violates that right.” See

Anderson v. Creighton, 483 U.S. 635, 640 (1987). To be sure, courts cannot “define

clearly established law at a high level of generality.” Ashcroft v. al-Kidd, 563 U.S. 731,

742 (2011). But in this case, Eleventh Circuit precedent supplies the necessary

degree of specificity.

In Griffin v. City of Opa-Locka, the Eleventh Circuit sustained a jury’s finding

that a city’s inadequate screening of an applicant’s “background was so likely to

result in sexual harassment that the City could reasonably be said to have been

deliberately indifferent to [the plaintiff’s] constitutional rights.” 261 F.3d 1295, 1313

(11th Cir. 2001). When considering the applicant, the city “was inundated with

articles, faxes, and mail, warning of [the applicant’s] problems with sexual

harassment and dealings with women.” Id. at 1314. The Court also noted “that a

cursory check into [the applicant’s] prior employment history would have further

alerted the City to prior complaints about [the applicant] with regard to sexual

harassment.” Id.

Sheriff Smith argues that Griffin is distinguishable because Deputy Jackson’s

alleged history of excessive force is less blatant than the Griffin applicant’s penchant

for sexual harassment. Griffin may represent a particularly egregious case, but its

factual parallels are nonetheless similar enough to have put Sheriff Smith on notice.

The city in Griffin knew of or consciously ignored numerous complaints of sexual

harassment; similarly, Hight Sr. alleges that Sheriff Smith knew of and ignored

“repeated, credible claims of excessive force by Defendant Jackson—particularly in

response to wellness checks and against those with mental impairments.” (See doc.

32 at 11.)

Given the foregoing considerations, Hight Sr’s § 1983 failure-to-screen claim

survives Sheriff Smith’s motion to dismiss—though it may not survive the greater

rigors of summary judgment.

B. State Law Claim against Sheriff Smith and Deputy Jackson

“The wall of immunity erected by § 14 [of Article I of the Alabama

Constitution] is nearly impregnable.” Patterson v. Gladwin Corp., 835 So. 2d 137, 142

(Ala. 2002). This broad grant of State immunity protects sheriffs and their deputies

when they act “within the line and scope of their employment.” Ex parte Purvis, 689

So. 2d 794, 795 (Ala. 1996).2 But as Joshua and Odysseus could attest, a

“nearly impregnable” wall does not exclude every invader. Traditionally, sheriffs

and their deputies could be assailed in five limited circumstances:

“Section 14 immunity is not applicable when an action is brought: (1)

to compel state officials to perform their legal duties; (2) to compel state

officials to perform ministerial acts; (3) to enjoin state officials from

enforcing unconstitutional laws; (4) to enjoin state officials from acting

in bad faith, fraudulently, beyond their authority, or under mistaken

interpretation of the law, or (5) to seek construction of a statute under

the Declaratory Judgment Act.”

See Parker v. Amerson, 519 So. 2d 442, 445 (Ala. 1987). Here, these five exceptions

are immaterial because Hight Sr. seeks money damages for his wrongful death claim.

The Defendants, however, overlook a sixth exception to State immunity.

Notably, the State is not immunized in “actions for damages brought against State

officials in their individual capacity where it is alleged that they had acted

fraudulently, in bad faith, beyond their authority, or in a mistaken interpretation of

law.” Ex parte Moulton, 116 So. 3d 1119, 1141 (Ala. 2013). A recent Alabama Supreme

Court decision indicates that this sixth exception generally applies to claims against

2 Hight Sr. contends that the “Defendants must rely on state-agent immunity [as] set out in

Ex parte Cranman” instead of the greater protections that State immunity affords. (Doc. 38 at 13.)

However, State-agent immunity does not apply to sheriffs and their deputies. See Ex parte Davis,

930 So. 2d 497, 501 n.6 (Ala. 2005). Contrary to Hight Sr.’s principal argument, the recent decision

in Ex parte Pinkard did not purport to change the longstanding special status of sheriffs and their

deputies. See Ex parte Pinkard, ––– So. 3d ––––, 2022 WL 1721483, at *7 (Ala. May 27, 2022).

Rather, Pinkard overruled a recent series of cases that dealt with other types of state officials. See

id.

sheriffs and deputies. See Birmingham Broadcasting (WVTM-TV) LLC v. Hill, 303

So. 3d 1148, 1159-60 (Ala. 2020); see also King »v. Moon, No. 2:21-cv-01568-ACA,

2022 WL 479410, at *6 (N.D. Ala. Feb. 16, 2022).

Because the Defendants do not address this sixth exception, they have not

demonstrated that State immunity shields them from Hight Sr.’s wrongful death

claim, and the Court need not decide if Hight Sr. adequately alleges that Sheriff

Smith and Deputy Jackson “acted fraudulently, in bad faith, beyond their authority,

or in a mistaken interpretation of law.” Ex parte Moulton, 116 So. 3d at 1141. If the

Defendants believe that Hight Sr. has not adequately alleged the applicability of the

sixth exception to the facts of this case, they may make this argument at the summary

judgment stage.

IV. Conclusion

Accordingly, the Defendants’ Motions to Dismiss are DENIED.

DONE and ORDERED on November 23, 2022.

XS

ASE

United States District Judge

211211

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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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