Opinion
No. 1:04-cv-165.
March 8, 2005
MEMORANDUM
The Plaintiffs bring this action against various law enforcement officers and municipalities alleging a violation of 42 U.S.C. § 1983. [Court File Nos. 1, 18]. The Court previously dismissed one municipality, Bradley County, because the Plaintiffs' complaint fails to allege facts which, if proven, would support municipal liability under 42 U.S.C. § 1983. [Court File No. 29]. A second municipality, the City of Athens, Tennessee, ("Athens") similarly moves to dismiss the complaint pursuant to FED. R. CIV.P. 12(b)(6) or, alternatively, for summary judgment pursuant to FED. R. CIV. P. 56. [Court File No. 26]. The Plaintiffs have not responded to Athens' motion.
When a party moves to dismiss under Rule 12(b)(6) for failure to state a claim upon which relief can be granted and matters outside of the pleadings are presented to the court for consideration, the court must either exclude the material or treat the motion as one for summary judgment. FED. R. CIV. P. 12(b)(6). In the instant case, Athens supported its motion with an affidavit. However, the Court will exclude this material and not consider it in resolving the pending motion. Accordingly, the Court will treat the motion as one to dismiss pursuant to FED. R. CIV. P. 12(b)(6).
I. Standard of Review
FED. R. CIV. P. 12(b)(6) provides for the dismissal of a complaint that fails to state a claim upon which relief can be granted. The purpose of Rule 12(b)(6) is to permit a defendant to test whether, as a matter of law, the plaintiff is entitled to relief even if everything alleged in the complaint is true. Mayer v. Mylod, 988 F.2d 635, 638 (6th Cir. 1993); Nishiyama v. Dickson County, Tennessee, 814 F.2d 277, 279 (6th Cir. 1987). A complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of the complaint which would entitle the plaintiff to relief. Swierkiewicz v. Sorema N.A., 534 U.S. 506, 514 (2002); Conley v. Gibson, 355 U.S. 41, 45-46 (1957); Arrow v. Fed. Reserve Bank, 358 F.3d 392, 393 (6th Cir. 2004); Yuhasz v. Brush Wellman, Inc., 341 F.3d 559, 562 (6th Cir. 2003); Saglioccolo v. Eagle Ins. Co., 112 F.3d 226, 228 (6th Cir. 1997); Columbia Natural Res., Inc. v. Tatum, 58 F.3d 1101, 1109 (6th Cir. 1995).
The Court is required to construe the complaint in the light most favorable to the plaintiff and to accept as true all well-pleaded allegations of fact. Scheur v. Rhodes, 416 U.S. 232 (1974); Conley, 355 U.S. at 45-46; Arrow, 358 F.3d at 393; Yuhasz, 341 F.3d at 562; Columbia Natural Res., 58 F.3d at 1109. When a factual allegation is capable of more than one reasonable inference, the Court must construe it in the plaintiff's favor. Saglioccolo, 112 F.3d at 228; Columbia Natural Res., 58 F.3d at 1109. The Court may not grant a Rule 12(b)(6) motion to dismiss simply because the Court does not believe the allegations of fact in the complaint. Saglioccolo, 112 F.3d at 228-29; Columbia Natural Res., 58 F.3d at 1109. The Court does not, however, have to accept as true mere legal conclusions and unwarranted inferences of fact. Grindstaff v. Green, 133 F.3d 416, 421 (6th Cir. 1998); Columbia Natural Res., 58 F.3d at 1109.
II. Facts
Accepting as true all well-pleaded factual allegations in the complaint, the following are the salient facts. On June 1, 2003, a car carrying six of the seven Plaintiffs was stopped by law enforcement officers of Bradley County, McMinn County, and the City of Athens, working jointly on the 10th Judicial Drug Task Force. The officers forcibly removed the six Plaintiffs from the automobile, roughed-up these Plaintiffs, and forced them to lie face down on the ground or press themselves against a brick wall. A female officer body-searched the female Plaintiffs of this group, removing their bras and exposing their breasts to the male officers and male Plaintiffs of the group. Ultimately, the six Plaintiffs were handcuffed, searched, and detained for several hours.
At approximately the same time, other law enforcement officers of the three municipalities detained the lone remaining Plaintiff in the Golden Nugget Studio in the City of Athens. The officers pointed a gun at this Plaintiff, forcing her to lie face-down on the floor although she was pregnant. While face-down on the floor, an officer sat on her back, pulled her arms behind her, and handcuffed her. At some point during this incident, an officer searched this Plaintiff, removed her bra, and exposed her breasts to the other officers and others inside the Golden Nugget.
The Plaintiffs claim that these two detentions were unconstitutional violations of their Fourth Amendment rights. Further, the Plaintiffs claim that the officers unconstitutionally used excessive force causing physical and emotional injuries. III. Analysis
Athens moves to dismiss the Plaintiffs' complaint for failure to state a claim upon which relief can be granted pursuant to FED. R. CIV. P. 12(b)(6). In this regard, Athens contends that the Plaintiffs' complaint fails to allege facts which, if proven, would support municipal liability under 42 U.S.C. § 1983. The Court agrees.
Municipalities may be held liable under § 1983 only when the injury inflicted is a result of "a government's policy or custom, whether made by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy." Monell v. Dep't of Soc. Servs., 436 U.S. 658, 694, (1978); accord Thomas v. City of Chattanooga, ___ F.3d ___, 2005 WL 292573, at *3 (6th Cir. Feb. 9, 2005) (citing Monell). "[A] municipality cannot be held liable solely because it employs a tortfeasor — or, in other words, a municipality cannot be held liable under § 1983 on a respondeat superior theory." Id. at 691. Instead, "[t]here must be a direct causal link between the policy and the alleged constitutional violation such that the [municipality's] deliberate conduct can be deemed the moving force behind the violation." Graham ex rel. Estate of Graham v. County of Washtenaw, 358 F.3d 377, 383 (6th Cir. 2004) (internal citations omitted); accord Sova v. City of Mt. Pleasant, 142 F.3d 898, 904 (6th Cir. 1998). By itself, "the wrongful conduct of a single officer without any policy-making authority d[oes] not establish municipal policy." Collins v. City of Harker Heights, 503 U.S. 115, 121 (1992).
In the instant action, the Plaintiffs' complaint fails to allege sufficient facts to support Athens' liability under § 1983. The Plaintiffs' only allegation against Athens' alleges that an Athens' law enforcement officer violated the Plaintiffs' constitutional rights: "officers on the scene of the illegal stop . . . consisted of officers from defendants Bradley County, Tennessee, McMinn County, Tennessee, and the City of Athens, Tennessee." [Court File No. 18 at ¶ 15]. The Plaintiffs fail to allege that the constitutional violation resulted from an Athens policy or custom. In short, the Plaintiffs' claim against Athens is based on a theory of respondeat superior. Without more, the complaint is insufficient to support Athens' liability under § 1983. In other words, even if the Plaintiffs prove every allegation in the complaint, they would still not be entitled to relief. Accordingly, the Plaintiffs' complaint against Athens will be dismissed for failure to state a claim upon which relief can be granted.
Albeit in unpublished opinions, the Sixth Circuit has consistently affirmed district court dismissals, pursuant to 12(b)(6), of § 1983 claims against a municipality for failure to allege that the constitutional violation resulted from a government policy or custom. See, e.g., Kelly v. City of Memphis, No. 00-5073, 2000 WL 1359652, at *2 (6th Cir. Sep. 15, 2000); Smith v. Johnston, No. 98-1034, 1999 WL 137619, at *4 (6th Cir. Mar. 5, 1999); Sawchyn v. Parma Mun. Court, No. 96-3943, 1997 WL 321112, at *1 (6th Cir. June 11, 1997); Bilder v. City of Akron, No. 92-4310, 1993 WL 394595, at *2 (6th Cir. Oct. 6, 1993); Collins v. Saginaw City Police Dep't, No. 90-2170, 1991 WL 42225, at *1 (6th Cir. Mar. 28, 1991); Rayford v. City of Toledo, No. 86-3260, 1987 WL 36283, at *1 (6th Cir. Feb. 2, 1987). The published decisions of sister circuits are in accord. See Latuszkin v. City of Chicago, 250 F.3d 502, 504-05 (7th Cir. 2001) (holding that to state a sufficient § 1983 claim against a municipality, the plaintiff must allege a government policy or custom which caused the constitutional deprivation); Springdale Educ. Ass'n v. Springdale School Dist., 133 F.3d 649, 651 (8th Cir. 1998) (same); David v. City and County of Denver, 101 F.3d 1344, 1357-58 (10th Cir. 1996) (same); Colle v. Brazos County, Texas, 981 F.2d 237, 244-46 (5th Cir. 1993) (same).
Athens' motion to dismiss the Plaintiffs' complaint pursuant to FED. R. CIV. P. 12(b)(6) will be GRANTED.
A separate order will enter.
ORDER
In accordance with the accompanying memorandum, the motion by the City of Athens, Tennessee ("Athens") to dismiss pursuant to FED. R. CIV. P. 12(b)(6) or, alternatively, for summary judgment pursuant to FED. R. CIV. P. 56 [Court File No. 26] is treated as a motion to dismiss and is GRANTED. The Plaintiffs' claim against Athens is DISMISSED WITHOUT PREJUDICE.SO ORDERED.