Patton v. Louisville Jefferson County Metro Government et al
Filing
6
MEMORANDUM OPINION AND ORDER Signed by Judge Rebecca Grady Jennings on 10/15/2019 granting in part and denying in part 4 Motion to Dismiss for Failure to State a Claim. The Court will issue a separate Order for Meeting and Report. cc: Counsel(JM)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
LOUISVILLE DIVISION
AUSTIN PATTON
Plaintiff
v.
Civil Action No. 3:18-CV-00346-RGJ
LOUISVILLE JEFFERSON COUNTY
METRO GOVERNMENT ET AL.
Defendants
* * * * *
MEMORANDUM OPINION AND ORDER
Plaintiff Austin Patton sues Defendants Louisville Jefferson County Metro Government
(“Louisville”); City of Louisville Department of Metro Corrections (“LDMC”) (collectively,
“Municipal Defendants”); Mark Bolton, in his official and individual capacities; Dwayne A. Clark,
in his official and individual capacities (collectively “Individual Defendants”); all unknown
correctional officers for City of Louisville Department of Metro Corrections (“Unknown
Officers”); and all unknown ranked supervisors for City of Louisville Department of Metro
Corrections (“Unknown Supervisors”) (collectively, “Unknown Defendants”). [DE 1]. Patton
alleges that Defendants violated his rights under the Constitution and Kentucky law while he was
a pretrial detainee. [Id.]. The Municipal and Individual Defendants have moved to dismiss under
Federal Rule of Civil Procedure 12(b)(6). [DE 4]. Briefing is complete, and this matter is ripe.
For the reasons below, the Motion to Dismiss will be GRANTED in part and DENIED in part.
I.
FACTUAL AND PROCEDURAL BACKGROUND
The Court takes the following factual allegations in the complaint as true for its
consideration of the present motion. See Tackett v. M & G Polymers, USA, LLC, 561 F.3d 478,
488 (6th Cir. 2009) (citing Gunasekera v. Irwin, 551 F.3d 461, 466 (6th Cir. 2009)).
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Patton is, and has been, in LDMC’s custody, awaiting trial. [DE 1 at 5–6, ¶ 17]. Patton
has received death threats from inmates associated with Patton’s alleged victim. [Id. at 6, ¶18]. A
judge ordered that Patton be held in Christian County for his safety, however, LDMC has
periodically transported Patton to Jefferson County for court appearances. [Id. at 6, ¶¶ 19–20].
While held in Jefferson County, LDMC placed Patton on the fifth floor in the general population
with the individuals who had threatened him. [Id. at 6, ¶ 22]. He was supposed to be placed in
protective custody and/or the fourth floor for seclusion from his alleged victim’s friends. [Id. at
6, ¶ 21]. Patton’s alleged victim’s friends assaulted him in the shower room on the fifth floor, and
Patton “suffered a fractured skull, a fractured eye socket, a broken arm, and various other bodily
injuries.” [Id. at 6, ¶ 23–24]. Despite the known health and safety risk to Patton, the Unknown
Officers and Unknown Supervisors were not checking on Patton that day during their rounds. [Id.
at 7, ¶ 26–27]. Patton lay “in the shower room seriously injured and nearly dead for five hours
before Unknown COs found him, only after [Patton’s] Mom visited [LDMC] and inquired into his
whereabouts.” [Id. at 6, ¶ 25].
Patton alleges Bolton is the “Director of the [LMDC] and a [Louisville] employee . . . and
is responsible, in part for forming, administering, monitoring, and supervising the policies and
activities involved in those of the . . . known and unknown [LMDC] employees.” [Id. at 4–5, ¶¶
10–12]. Patton alleges Clark is the “Chief of Staff of [LMDC] and a [Louisville] employee . . . and
is responsible, in part for administering, monitoring, and supervising the policies and activities
involved in those of the . . . known and unknown [LMDC] employees.” [Id. at 5, ¶¶ 12–13].
Patton alleges the Municipal Defendants are “responsible, in part, for administering, monitoring,
and supervising the policies and activities . . . of the . . . known and unknown [MCDC]
employees.” [Id. at 4, ¶¶ 8–9]. Patton further alleges that Defendants knew, or should have known,
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that there was a substantial risk of harm when he transferred back to Jefferson County for trial
purposes, that they were on notice of the Christian County’s Judge’s order, and that they
disregarded that risk by placing him in the general population. [Id. at 8, ¶ 36].
Patton sued Defendants, alleging violations of his Fourteenth Amendment right to due
process (Federal Count I), Conspiracy to violate the Constitution (Federal Count II), Failure to
train, supervise, audit, and discipline (Federal Count III), and violations of his rights under
Kentucky law, violation of due process under the Kentucky Constitution (State Count I),
Conspiracy to Violate the Kentucky Constitution (State Count II), Negligence (State Count III),
Reckless/Negligent failure to train and supervise (State Count IV). [Id.]. In his prayer for relief,
Patton requests compensatory damages, punitive damages, and injunctive relief. [Id. at 12]. The
Individual and Municipal Defendants moved to dismiss the counts against them, [DE 4], and
Patton responded, [DE 5]. No replies were filed.
II.
STANDARD
Federal Rule of Civil Procedure 12(b)(6) instructs that a court must dismiss a complaint if
the complaint “fail[s] to state a claim upon which relief can be granted[.]” Fed. R. Civ. P. 12(b)(6).
To state a claim, a complaint must contain “a short and plain statement of the claim showing that
the pleader is entitled to relief[.]” Fed. R. Civ. P. 8(a)(2). When considering a motion to dismiss,
courts must presume all factual allegations in the complaint to be true and make all reasonable
inferences in favor of the non-moving party. Total Benefits Planning Agency, Inc. v. Anthem Blue
Cross & Blue Shield, 552 F.3d 430, 434 (6th Cir. 2008) (citation omitted). “But the district court
need not accept a bare assertion of legal conclusions.” Tackett v. M & G Polymers, USA, LLC,
561 F.3d 478, 488 (6th Cir. 2009) (citation omitted). “A pleading that offers labels and conclusions
or a formulaic recitation of the elements of a cause of action will not do. Nor does a complaint
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suffice if it tenders naked assertion[s] devoid of further factual enhancement.” Ashcroft v. Iqbal,
556 U.S. 662, 678 (2009) (internal quotation marks and citation omitted).
To survive a motion to dismiss, a plaintiff must allege “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
is plausible “when the plaintiff pleads factual content that allows the court to draw the reasonable
inference that the defendant is liable for the misconduct alleged.” Iqbal, 556 U.S. at 678 (citing
Twombly, 550 U.S. at 556). “A complaint will be dismissed . . . if no law supports the claims
made, if the facts alleged are insufficient to state a claim, or if the face of the complaint presents
an insurmountable bar to relief.” Southfield Educ. Ass’n v. Southfield Bd. of Educ., 570 F. App’x
485, 487 (6th Cir. 2014) (citing Twombly, 550 U.S. at 561–64).
III.
A.
DISCUSSION
Federal Claims
“[Section] 1983 is not itself a source of substantive rights, but merely provides a method
for vindicating federal rights elsewhere conferred.” Graham v. Connor, 490 U.S. 386, 393–94
(1989) (internal quotation omitted). To state a claim under Section 1983, “a plaintiff must set forth
facts that, when construed favorably, establish (1) the deprivation of a right secured by the
Constitution or laws of the United States (2) caused by a person acting under the color of state
law.” Burley v. Gagacki, 729 F.3d 610, 619 (6th Cir. 2013). Defendants do not dispute that they
were acting under color of state law, and so the only issue disputed is whether Patton has
adequately alleged that Defendants violated his constitutional rights.
To assert a cognizable § 1983 claim, a plaintiff must allege specific facts. Chapman v. City
of Detroit, 808 F.2d 459, 465 (6th Cir. 1986). “The required facts must provide adequate detail to
support the claim, such as specific incidents of deprivation of a plaintiff’s rights, how each
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defendant was involved, the names of other persons involved, dates, and places.” Allen v. Aramark
Corp., Civil Action No. 3:07CV–P260–M, 2009 WL 1126093, at *3 (W.D. Ky. Apr. 27, 2009).
The specific facts must explain how each defendant is responsible for the alleged injuries. Smith
v. Rowe, 761 F.2d 360, 369 (7th Cir. 1985). Allegations premised on mere conclusions and
opinions fail to state an adequate claim, Morgan v. Church’s Fried Chicken, 829 F.2d 10, 12 (6th
Cir. 1987), and bare and conclusory allegations that a defendant personally deprived the plaintiff
of constitutional or statutory rights are insufficient to state a cognizable claim, Hall v. United
States, 704 F.2d 246, 251 (6th Cir. 1983). Although Rule 8 of the Federal Rules of Civil Procedure
does not constitute a “hyper-technical, code-pleading regime,” it “does not unlock the doors of
discovery for a plaintiff armed with nothing more than conclusions.” Iqbal, 556 U.S. at 678–79.
1.
Individual Defendants
Patton sues Mark Bolton, Director for LDMC, and Dwayne A. Clark, Chief of Staff for
LDMC, alleging that the Individual Defendants violated Patton’s Fourteenth Amendment rights
directly, conspired to violate his Fourteenth Amendment rights, and violated his Fourteenth
Amendment rights by failing to train and supervise the Unknown Defendants. He brings these
claims against the Individual Defendants both in their individual and official capacities.
i.
Count I - Individual Capacity - Violation of the Fourteenth Amendment
In Count I, Patton asserts that the Individual Defendants “knew, or should have known”
that there was “a substantial risk of serious harm to [Patton] when transferred back to The
Department” and that the Individual Defendants “disregarded the risk . . . by placing him in the
general population of the Department and not monitoring his whereabouts therein.” [DE 1 at 8, ¶¶
37–38].
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The Constitution “does not mandate comfortable prisons,” Rhodes v. Chapman, 452 U.S.
337, 349 (1981), but neither does it permit inhumane ones, and it is now settled that “the treatment
a prisoner receives in prison and the conditions under which he is confined are subject to scrutiny
under the Eighth Amendment,” Helling v. McKinney, 509 U.S. 25, 31 (1993). The Eighth
Amendment requires that officials “take reasonable measures to guarantee the safety of the
inmates.” Hudson v. Palmer, 468 U.S. 517, 526–27 (1984). “Prison officials have a duty . . . to
protect prisoners from violence at the hands of other prisoners.” Farmer v. Brennan, 511 U.S.
825, 833 (1994). Patton, “as a pretrial detainee rather than a convicted prisoner, was not within
the protection of the eight amendment; however, the eighth amendment rights of prisoners are
analogized to those of detainees under the fourteenth amendment, to avoid the anomaly of
extending greater constitutional protection to a convict than to one awaiting trial.” Roberts v. City
of Troy, 773 F.2d 720, 723 (6th Cir. 1985).
Patton has plead facts specific to the Individual Defendants sufficient for the Court to infer
that the Individual Defendants knew or should have known Patton was at risk if placed among the
general population. Thus, at this stage of the proceedings, Patton has adequately plead a violation
of his Fourteenth Amendment rights against the Individual Defendants. As a result, the motion to
dismiss is denied as to this claim.
ii.
Individual Capacity - Conspiracy to Violate the Fourteenth Amendment
In Count II, Patton asserts that the Individual Defendants conspired to violate his
Fourteenth Amendment rights. [DE 1 at 9].
“It is well-settled that conspiracy claims must be pled with some degree of specificity.”
Gutierrez v. Lynch, 826 F.2d 1534, 1538 (6th Cir. 1987)(ruling on a motion for summary judgment,
rather than motion to dismiss). That said, at this early stage of the proceedings, where a Court is
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considering a motion to dismiss as opposed to one for summary judgment, the Sixth Circuit has
also made it clear that claims made under 42 U.S.C. § 1983 are not subject to any heightened
pleading standard. Memphis, Tennessee Area Local, American Postal Workers Union, AFL-CIO
v. City of Memphis, 361 F.3d 898, 902 (6th Cir. 2004); Jones v. Duncan, 840 F.2d 359, 361 (6th
Cir. 1988) (stating that § 1983 plaintiff need not set down in detail all the particularities of her
claim against a defendant).
A civil conspiracy is an agreement between two or more persons to injure another by
unlawful action. Hooks v. Hooks, 771 F.2d 935, 943–44 (6th Cir. 1985). Express agreement
among all the conspirators is unnecessary to find the existence of a civil conspiracy. Id. Each
conspirator need not have known all the details of the illegal plan or all the participants involved.
Id. To establish a civil conspiracy claim, a plaintiff must show that (1) a “single plan” existed; (2)
defendants “shared in the general conspiratorial objective” to deprive plaintiff of his constitutional
or federal statutory rights; and (3) an “overt act was committed in furtherance of the conspiracy
that caused injury” to the plaintiffs. Hooks v. Hooks, 771 F.2d 935, 944 (6th Cir. 1985); see also
Trans Rail Am., Inc. v. Hubbard Twp., 478 F. App’x. 986, 988 (6th Cir. 2011). A Plaintiff does
not have to allege or produce direct evidence of the conspiracy; “circumstantial evidence may
provide adequate proof.” Weberg v. Franks, 229 F.3d 514, 528 (6th Cir. 2000); Bazzi v. City of
Dearborn, 658 F.3d 598, 606 (6th Cir. 2011).
Patton has sufficiently stated a § 1983 conspiracy claim against the Defendants. He alleges
the Individual Defendants knew he was at risk if placed among the general population and that he
was supposed to be in protective custody on the fourth floor. [DE 1 at 8, ¶ 36]. Despite this known
health and safety risk, the Unknown Officers and Unknown Supervisors did not check on Patton
during their rounds. [Id. at 7, ¶ 26–27]. Patton lay “in the shower room seriously injured and
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nearly dead for five hours before Unknown COs found him, only after [Patton’s] Mom visited
[LDMC] and inquired into his whereabouts.” [Id. at 6, ¶ 25]. He alleges that the Defendants’
“knowledge and conduct is strong circumstantial evidence that . . . raises the inference” that
Defendants “unlawfully conspired and agreed, expressly or implicitly, to deny Plaintiff Patton his
U.S. Constitutional Rights . . .” [Id. at 9, ¶ 41]. At this stage of the proceedings, where the Court
must accept all of Plaintiffs’ factual allegations as true, those collective allegations are enough for
the Court to infer that the Individual Defendants could be liable for conspiring to violate Patton’s
Fourteenth Amendment rights. For these reasons, the motion to dismiss is denied as to this claim.
iii.
Individual Capacity - Failure to Train and Supervise
In Count III, Patton asserts that the Individual Defendants failed to “train, supervise, audit,
and discipline” the Unknown Defendants. [DE 1 at 9]. In Harvey v. Campbell Cty., 453 F. App’x
557 (6th Cir. 2011), the Sixth Circuit held that government officials may be held individually liable
under § 1983 only if they “either encouraged the specific incident of misconduct or in some other
way directly participated in it.” Id. at 563. Thus, the court required that the “plaintiffs . . . show
that [the individual defendants] ‘at least implicitly authorized, approved, or knowingly acquiesced
in’” the alleged constitutional violation. Id. (quoting Phillips v. Roane Cty., 534 F.3d 531, 543
(6th Cir. 2008)). A “mere failure to act” is insufficient to establish supervisory liability. Doe v.
City of Roseville, 296 F.3d 431, 440 (6th Cir. 2002).
Patton alleges that Bolton and Clark were “deliberately indifferent to, recklessly, and/or
negligently failed to recognize the needs to properly train, supervise, audit, and discipline . . . in
especially in the area of inmate safety to.” [DE 1 at 9, ¶ 43]. A “mere failure to act” is not enough,
but Patton also alleges that “all Defendants knew, or should have known of the substantial risk of
serious harm to Plaintiff Patton . . . by placing him the general population . . . and not monitoring
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his whereabouts . . .” [Id. at 8, ¶ 37]. This is enough, in a motion to dismiss, for the Court to infer
that the Individual Defendants could be liable for at least implicitly authorizing, approving, or
knowingly acquiescing in an alleged constitutional violation. As a result, the motion to dismiss is
denied as to this claim.
iv.
Official Capacity Claims Against Individual Defendants
Patton also asserts Counts I, II, and III against the Individual Defendants in their official
capacities. The United States Supreme Court has held that a “suit against a state official in his or
her official capacity is not a suit against the official, but rather a suit against the official’s office.”
Will v. Mich. Dep’t. of State Police, 491 U.S. 58, 67 (1989); see also Kentucky v. Graham, 473
U.S. 159, 166 (1985). So a suit against a government agent in their official capacity equates to a
suit against the government agency in question. “Official-capacity suits . . . ‘generally represent
only another way of pleading an action against an entity of which an officer is an agent.’” Kentucky
v. Graham, 473 U.S. 159, 166–67 (1985) (quoting Monell v. Dep’t of Soc. Servs., 436 U.S. 658,
694 (1978)). “It is not a suit against the official personally, for the real party in interest is the
entity.” Id. (emphasis in original). Thus, Patton’s claims for money damages from the Individual
Defendants in their official capacities fail to allege cognizable claims under § 1983.
That said, in Will v. Mich. Dep’t of State Police, the Supreme Court noted that officials still
may be sued for injunctive relief under § 1983 because “‘official capacity’ actions for prospective
relief are not treated as actions against the State.” 491 U.S. 58, 71 n.10 (1989). The Individual
Defendants have not moved to dismiss Patton’s request for an injunctive relief or otherwise
addressed this issue in the motion to dismiss. Thus, Patton’s official capacity claims will be
dismissed against the Individual Defendants, except for the claim for injunctive relief.
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2.
Municipal Defendants
Patton also brings § 1983 claims against two municipal defendants: Louisville and LMCD.
[DE 1 at 9, ¶¶ 42–44]. Patton alleges that the Municipal Defendants “failed to recognize the need
to properly train, supervise, audit, and discipline all Unknown COs under their command,
especially in the area of inmate safety.” [Id. at ¶ 43].
To begin, Defendants assert that LDMC is “not an entity which may be sued” and the
claims against LDMC are best characterized as claims against Louisville, already a party to this
action. See Matthews v. Jones, 35 F.3d 1046, 1049 (6th Cir. 1994) (citing Smallwood v. Jefferson
Cty. Gov’t, 743 F. Supp. 502, 503 (W.D. Ky. 1990). Patton does not oppose this assertion and
Patton has failed to state a claim against LDMC for this reason. The motion to dismiss is granted
as to LMCD.
As for Louisville, Monell precludes respondeat superior liability for municipalities, as the
municipal government cannot be held liable solely because one of its employees commits a
constitutional violation. Monell, 436 U.S at 691. A plaintiff raising a municipal liability claim
under § 1983 must show that the alleged federal violation occurred because of a municipal policy
or custom. Id. at 694. “A plaintiff can make a showing of an illegal policy or custom by
demonstrating one of the following: (1) the existence of an illegal official policy or legislative
enactment; (2) that an official with final decision making authority ratified illegal actions; (3) the
existence of a policy of inadequate training or supervision; or (4) the existence of a custom of
tolerance or acquiescence of federal rights violations.” Burgess v. Fisher, 735 F.3d 462, 478 (6th
Cir. 2012) (citing Thomas v. City of Chattanooga, 398 F.3d 426, 429 (6th Cir. 2005)). A
municipality “may not be sued under § 1983 for an injury inflicted solely by its employees or
agents.” Monell, 436 U.S. at 694. “In the context of Section 1983 municipal liability, district
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courts in the Sixth Circuit have interpreted Iqbal’s standards strictly.” Hutchison v. Metro. Gov’t,
685 F. Supp. 2d 747, 751 (M.D. Tenn. 2010) (collecting cases).
Patton does not allege that the Municipal Defendants had an illegal policy or custom, that
there was a policy of inadequate training or supervision, or that there was a custom of tolerance or
acquiescence of federal rights violations. Instead, Patton alleges that all Defendants, which include
Bolton and Clark, “knew, or should have known of the substantial risk of serious harm to Plaintiff
Patton . . . by placing him the general population . . . and not monitoring his whereabouts. . . .” [Id.
at 8, ¶ 37]. At this stage of the proceedings, he has alleged enough, taking the allegations of the
complaint as true, for the Court to infer that an official with final decision making authority could
have ratified illegal actions. As a result, the motion to dismiss is denied as to this claim against
Louisville.
B.
State Claims
Patton also sues each Defendant for violating the Kentucky Constitution, conspiracy to
violate the Kentucky Constitution, negligence, and reckless and/or negligent failure to train and
supervise the Unknown Defendants.
1.
Municipal Defendants – Sovereign Immunity
“Immunity from suit is a sovereign right of the state.” Foley Constr. Co. v. Ward, 375
S.W.2d 392, 393 (Ky. 1963). “The General Assembly may, by law, direct in what manner and in
what courts suits may be brought against the Commonwealth.” Kentucky Constitution, Sec. 231.
A county “is a political subdivision of the Commonwealth as well, and as such is an arm of the
state government. It, too, is clothed with the same sovereign immunity.” Cullinan v. Jefferson
Cty., 418 S.W.2d 407, 408 (Ky. 1967), overruled on other grounds by Yanero v. Davis, 65 S.W.3d
510, 527 (Ky. 2001). “A consolidated local government shall be accorded the same sovereign
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immunity granted counties, their agencies, officers, and employees.” Ky. Rev. Stat. 67C.101.
“Therefore, absent an explicit statutory waiver, [Louisville Jefferson County] Metro Government
is entitled to sovereign immunity.” Jewish Hosp. Healthcare Servs., Inc. v. Louisville/Jefferson
Cty. Metro Gov’t, 270 S.W.3d 904, 907 (Ky. Ct. App. 2008).
Patton has presented no explicit statutory waiver of Louisville’s immunity, and the Court
is unaware of any such waiver. Louisville, and its agency LDMC, are therefore protected from
Patton’s state-law claims by sovereign immunity. As a result, the motion to dismiss is granted as
to the state claims against Louisville and LDMC.
2.
Individual Defendants
Patton brings his state-law claims against the Individual Defendants in both their official
and individual capacities.
i.
Official Capacity
When sued in their official capacity, officials are “cloaked with the same immunity as the
government or agency he/she represents.” Schwindel v. Meade Cty., 113 S.W.3d 159, 169 (Ky.
2003) (citing Yanero, 65 S.W.3d at 522). The Individual Defendants are therefore protected in
their official capacities by absolute immunity from the state-law claims.
ii.
Individual Capacity
Defendants argue that they are entitled to qualified immunity from Patton’s state-law
claims. [DE 4-2 at 35–37].
[I]t is generally inappropriate for a district court to grant a 12(b)(6) motion to
dismiss on the basis of qualified immunity. Although an officer’s entitle[ment] to
qualified immunity is a threshold question to be resolved at the earliest possible
point, that point is usually summary judgment and not dismissal under Rule 12.
Wesley v. Campbell, 779 F.3d 421, 433 (6th Cir. 2015) (internal quotation and citations omitted).
There is no heightened factual showing that a plaintiff must make to survive a motion to dismiss
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on qualified immunity grounds that differs from the plausibility standard established under Iqbal.
Id. at 427–28. Although qualified immunity does protect the defendant from all burdens of
litigation, including “the burdens of discovery,” Iqbal, 556 U.S. at 672 (citations omitted), the factintensive nature of a qualified immunity defense makes it “difficult for a defendant to claim
qualified immunity on the pleadings before discovery,” Wesley, 779 F.3d at 434 (quoting EvansMarshall v. Bd. of Educ. of Tipp City Exempted Village Sch. Dist., 428 F.3d 223, 235 (6th Cir.
2005) (Sutton, J., concurring)).
“Qualified official immunity applies to the negligent performance by a public officer or
employee of (1) discretionary acts or functions, i.e., those involving the exercise of discretion and
judgment, or personal deliberation, decision, and judgment; (2) in good faith; and (3) within the
scope of the employee’s authority.” Yanero v. Davis, 65 S.W.3d 510, 521–22 (Ky. 2001). But “an
officer or employee is afforded no immunity from tort liability for the negligent performance of a
ministerial act, i.e., one that requires only obedience to the orders of others, or when the officer’s
duty is absolute, certain, and imperative, involving merely execution of a specific act arising from
fixed and designated facts.” Id. at 522. Thus, qualified immunity depends “on the function
performed” and whether the official acted in “good faith.” Id. at 521.
When an official violates clearly established constitutional or statutory rights of which the
official should have known, qualified immunity will not protect them from suit. Mitchell, 472 U.S.
at 524. Acts involving supervision and training are consistently held to be discretionary functions.
Nichols v. Bourbon Cty. Sheriff's Dep’t, 26 F. Supp. 3d 634, 642 (E.D. Ky. 2014); Doe v. Magoffin
Cty. Fiscal Court, 174 F. App’x 962, 973 (6th Cir. 2006); Rowan Cty. v. Sloas, 201 S.W.3d 469,
480 (Ky. 2006). Whether qualified immunity shields individuals from suit under Kentucky law
depends on whether their acts of supervision and training were performed in good or bad faith.
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Nichols, 26 F. Supp. 3d at 642. Bad faith “can be predicated on a violation of a constitutional,
statutory, or other clearly established right which a person in the public employee’s position
presumptively would have known was afforded to a person in the plaintiff’s position, i.e., objective
unreasonableness; or if the officer or employee willfully or maliciously intended to harm the
plaintiff or acted with a corrupt motive.” Yanero, 65 S.W.3d at 523.
Taking Patton’s factual allegations as true and drawing all inferences in his favor, Wesley,
779 F.3d at 427, Patton’s claims survive, and qualified immunity does not apply at this stage of
the case. All that Patton must do is “allege [ ] facts that ‘state a claim to relief that is plausible on
its face’ and that, if accepted as true, are sufficient to ‘raise a right to relief above the speculative
level.’” Id. (quoting Handy–Clay, 695 F.3d at 538 (quoting Twombly, 550 U.S. at 555)). Patton
alleges that despite his known health and safety risk, he was placed on the fifth floor with the
general population and the Unknown Officers and Unknown Supervisors were not checking on
Patton during their rounds. [Id. at 7, ¶ 26–27]. Whether these Defendants performed their acts in
good faith or bad faith is a question of fact. For these reasons, qualified immunity cannot be
determined at this stage of the proceedings, and the motion for the dismissal on this basis is denied.
C.
Unknown Defendants
Patton also sues many unnamed defendants, all employees of LDMC. The Sixth Circuit
has determined that the service requirement of Rule 4(m) of the Federal Rules of Civil Procedure
applies to the naming of unidentified defendants. Petty v. Cty. of Franklin, 478 F.3d 341, 345 (6th
Cir. 2007) (“[Plaintiff] has yet to identify John Does # 1 and # 2, and thus has yet to serve them,
clearly in violation of the 120–day window provided by Rule 4(m).”). Rule 4(m) provides:
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If a defendant is not served within 120 days after the complaint is filed, the courton motion or on its own after notice to the plaintiff-must dismiss the action without
prejudice against that defendant or order that service be made within a specified
time. But if the plaintiff shows good cause for the failure, the court must extend
the time for service for an appropriate period.
Fed. R. Civ. P. 4(m).
When a plaintiff has not timely identified an unnamed party, and the defendant does not
move for dismissal based on improper service, a court should order the plaintiff to show good
cause why claims against the unnamed party should not be dismissed. Reynosa v. Schultz, 282 F.
App’x 386, 391–93 (6th Cir. 2008) (remanding dismissal of plaintiff’s claims because, although
John and Jane Doe health care providers remained unidentified for more than 120 days, the Court
did not order plaintiff to show good cause for delay before dismissing claims).
Patton commenced this action on June 1, 2018. [DE 1]. He needed to name and serve the
Unknown Defendants no later than October 1, 2018. Fed. R. Civ. P. 4(m). The Unknown
Defendants remain unidentified. That said, initial disclosures are not due until 14 days after the
parties’ Rule 26(f) conference, Fed. R. Civ. P. 26(a)(1)(C), and a party may not seek discovery
until the parties have conferred in a Rule 26(f) conference, Fed. R. Civ. P. 26(f). Here, no Rule
26(f) conference has been ordered and no Fed. R. Civ. P. 16 scheduling conference has been held.
Thus, good cause is shown for why Patton has not yet identified and served the unknown parties.
IV.
CONCLUSION
For the reasons set forth above, THE COURT HEREBY ORDERS that Defendants’
Motion to Dismiss [DE 4] is GRANTED IN PART and DENIED IN PART as set forth above.
The Court will issue a separate Order for Meeting and Report pursuant Fed. R. Civ. P. 16 and 26.
October 15, 2019
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