Hamilton v. Meche et al
ORDER : IT IS ORDERED that discovery in this action is limited, at the current time, to that which is necessary to address qualified immunity. Furthermore, to assure that the qualified immunity issue can be expeditiously addressed in the manner conte mplated by Schultea, IT IS FURTHER ORDERED that: (1) Not later than 9/30/12, the plaintiffs must supplement their reply to defendants' qualified immunity defense, specifying the precise conduct of each individual defendant and the corresponding constitutional violations arising from that conduce upon which they base their Section 1983 claims. (2) Not later than 10/15/12, defendants must file their motion for summary judgment based upon qualified immunity. Signed by Magistrate Judge Patrick J Hanna on 8/30/12. (crt,Kennedy, T)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LYNN HAMILTON, INDIVIDUALLY
CIVIL ACTION NO. 6:12-cv-01181
LEIF MECHE, JAYSON DEVILLE,
NICHOLAS BROUSSARD, AND
CITY OF RAYNE
MAGISTRATE JUDGE HANNA
The plaintiffs in this lawsuit assert state law tort claims and claims arising
under 42 U.S.C. § 1983 based upon an allegedly improper and unconstitutional high
speed chase that resulted in a motor vehicle accident in which Aaron Hamilton was
fatally injured. The defendants are the City of Rayne and three officers with the
Rayne city police department: Leif Meche, Jayson Deville, and Nicholas Broussard.
The individual defendants asserted qualified immunity as a defense against the
plaintiffs’ claims. (Rec. Doc. 7 at 10).
Currently before the court is the Fed.R.Civ.P. 7(a) reply (Rec. Doc. 13), which
the plaintiffs filed at the court’s direction (Rec. Doc. 11). Although the undersigned
is perplexed to the extent that the plaintiffs’ reply does not precisely set forth what
each individual defendant is alleged to have done on the evening in question, what
the “generally accepted police guidelines” referred to by the plaintiffs in their reply
might be (Rec. Doc. 13 at 4), or how the individual defendants in this lawsuit actually
deviated from those guidelines on the evening in question, the undersigned finds that
the plaintiffs’ pleadings assert facts that raise a genuine issue as to the illegality of
defendants’ conduct at the time of the alleged acts.
The qualified immunity defense affords government officials not just immunity
from liability, but immunity from suit.1 Qualified immunity shields government
officials from individual liability for performing discretionary functions, unless their
conduct violates clearly established statutory or constitutional rights of which a
reasonable person would have known.2 A qualified immunity defense is analyzed
under a two-step process. First, the court determines whether the plaintiff has alleged
the violation of a clearly established constitutional right under currently applicable
constitutional standards; then, if so, the court considers whether the defendant's
conduct was nevertheless objectively reasonable.3
Vander Zee v. Reno, 73 F.3d 1365, 1368 (5th Cir. 1996) (citing Mitchell v. Forsyth, 472 U.S.
511, 525–26 (1985).
Coleman v. Houston Indep. School Dist., 113 F.3d 528, 532–33 (5th Cir. 1997) (citing Harlow
v. Fitzgerald, 457 U.S. 800, 818 (1982)).
Id. at 533.
The Fifth Circuit has long held that the assertion of qualified immunity shields
government officials from some discovery.4 In Schultea v. Wood,5 the Fifth Circuit
considered in detail the interworkings of pleading, the discovery process, and public
officials' assertion of the qualified immunity defense and confirmed that qualified
immunity places limits upon a plaintiff’s access to the discovery process and imposes
pleading requirements stemming from Fed.R.Civ.P. 7(a). The Schultea court held
that when a plaintiff asserts a Section 1983 claim against a public official who asserts
[T]he court may, in its discretion, insist that a plaintiff file
a reply tailored to an answer pleading the defense of
qualified immunity. Vindicating the immunity doctrine
will ordinarily require such a reply, and a district court's
discretion not to do so is narrow indeed when greater detail
might assist. The district court may ban discovery at this
threshold pleading stage and may limit any necessary
discovery to the defense of qualified immunity. The
district court need not allow any discovery unless it finds
that plaintiff has supported his claim with sufficient
precision and factual specificity to raise a genuine issue as
to the illegality of defendant's conduct at the time of the
alleged acts. Even if such limited discovery is allowed, at
its end, the court can again determine whether the case can
proceed and consider any motions for summary judgment
under Rule 56.6
Lion Boulos v. Wilson, 834 F.2d 504, 507 (5th Cir. 1987).
47 F.3d 1427, 1432 (5th Cir. 1995) (en banc).
Schultea, 47 F.3d at 1433–34 (emphasis added).
Thus, “[e]ven limited discovery on the issue of qualified immunity ‘must not proceed
until the district court first finds that the plaintiff's pleadings assert facts which, if
true, would overcome the defense of qualified immunity.’ ”7
As outlined above, determination of the qualified immunity issue requires
evaluation of (1) whether the plaintiffs have alleged a violation of a clearly
established constitutional right under currently applicable constitutional standards,
and (2) if so, whether the defendant's conduct was nevertheless objectively
reasonable. Both of these prongs of the qualified immunity analysis require precise
pleading and discovery concerning the precise conduct alleged to constitute the
constitutional violation and/or the allegedly objectively reasonable conduct.
Applying Schultea, therefore,
IT IS ORDERED that discovery in this action is limited, at the current time, to
that which is necessary to address qualified immunity.
Furthermore, to assure that the qualified immunity issue can be expeditiously
addressed in the manner contemplated by Schultea,
IT IS FURTHER ORDERED that:
Vander Zee, 73 F.3d at 1368–69 (quoting Wicks v. Mississippi State Employment Serv., 41
F.3d 991, 994 & n. 10 (5th Cir. 1995)).
Not later than September 30, 2012, the plaintiffs must supplement their
reply pursuant to Fed.R.Civ.P. 7(a) to defendants' qualified immunity defense,
specifying the precise conduct of each individual defendant and the corresponding
constitutional violations arising from that conduct upon which they base their Section
Not later than October 15, 2012, defendants must file their motion for
summary judgment based upon qualified immunity.
Discovery may proceed insofar as it relates only to the qualified
immunity issue. All other discovery is stayed until such time as defendants' qualified
immunity motion is determined by the Court. However, if defendants fail to file their
qualified immunity motion by October 15, 2012, the partial stay of discovery
contained herein is automatically lifted without further order of the Court.
Signed at Lafayette, Louisiana on this 30th day of August 2012.
PATRICK J. HANNA
UNITED STATES MAGISTRATE JUDGE
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