Ahart et al v. Angelle et al

Filing 42

MEMORANDUM RULING: Considering the evidence, the law, and the arguments of the parties, and for the reasons fully explained herein, the 30 Motion for Summary Judgment is GRANTED. Signed by Magistrate Judge Patrick J Hanna on 7/20/2015. (crt,Alexander, E)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION
MICHAEL AHART, ET AL.

CIVIL ACTION NO. 6:13-cv-02787

VERSUS

MAGISTRATE JUDGE HANNA

PAUL MOUTON, ET AL.

BY CONSENT OF THE PARTIES

MEMORANDUM RULING

Currently pending is the motion for summary judgment (Rec. Doc. 30), which
was filed on behalf of defendant Paul Mouton, the duly elected City Marshal of the
City of Opelousas, Louisiana, and defendant Frank Angelle, individually and in his
capacity as Deputy Marshal of the City of Opelousas. The motion is opposed. Oral
argument was held on June 23, 2015. Considering the evidence, the law, and the
arguments of the parties, and for the reasons fully explained below, the motion is
GRANTED.
BACKGROUND
This lawsuit was brought on behalf of Michael Ahart, individually and acting
on behalf of his minor daughter, Alexis Ahart.

According to the complaint,

Opelousas Deputy Marshal Frank Angelle entered the Aharts’ home on August 22,
2013, without a search warrant and without consent of the owner of the property. It
is alleged that Deputy Marshal Angelle searched and photographed the residence in

violation of Mr. Ahart’s constitutional rights. It is also alleged that, after he observed
Alexis videotaping him while he was in the Aharts’ home, Angelle injured her wrist
while taking her phone out of her hand to delete the video, using force that was
excessive under the circumstances and amounted to both a violation of her
Constitutional rights and state-law assault and battery.
The plaintiff claims that he was harmed in two ways. First, Mr. Ahart alleges
that he is aggrieved by Deputy Marshal Angelle entering his home and searching it
without his consent. Second, Mr. Ahart alleges that his daughter was injured when
Deputy Marshal Angelle used excessive force in stopping her from taking photos of
him during the search.
ANALYSIS
The defendants’ motion for summary judgment seeks to have this Court dismiss
the claims asserted against Deputy Marshal Angelle on the basis of qualified
immunity, dismiss the claims asserted against Marshal Mouton, and decline
jurisdiction over the state-law claims.
A.

MOTION FOR SUMMARY JUDGMENT STANDARD
Under Rule 56(a) of the Federal Rules of Civil Procedure, summary judgment

is appropriate when there is no genuine dispute as to any material fact, and the
moving party is entitled to judgment as a matter of law. A fact is material if proof of
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its existence or nonexistence might affect the outcome of the lawsuit under the
applicable governing law.1 A genuine issue of material fact exists if a reasonable jury
could render a verdict for the nonmoving party.2
The party seeking summary judgment has the initial responsibility of informing
the court of the basis for its motion and identifying those parts of the record that
demonstrate the absence of genuine issues of material fact.3 If the moving party
carries its initial burden, the burden shifts to the nonmoving party to demonstrate the
existence of a genuine issue of a material fact.4
All facts and inferences are construed in the light most favorable to the
nonmoving party,5 but the nonmoving party may not rely on mere allegations in the
pleading; rather, the nonmovant must respond to the motion for summary judgment

1

Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986); Sossamon v. Lone Star
State of Tex., 560 F.3d 316, 326 (5th Cir. 2009); Hamilton v. Segue Software, Inc., 232 F.3d 473, 477
(5th Cir. 2000).
2

Brumfield v. Hollins, 551 F.3d 322, 326 (5th Cir. 2008), citing Anderson v. Liberty
Lobby, Inc., 477 U.S. at 252; Hamilton v. Segue Software, Inc., 232 F.3d at 477.
3

Washburn v. Harvey, 504 F.3d 505, 508 (5th Cir. 2007), citing Celotex Corp. v.
Catrett, 477 U.S. 317, 323 (1986).
4

Washburn v. Harvey, 504 F.3d at 508, citing Celotex Corp. v. Catrett, 477 U.S. at

323.
5

Brumfield v. Hollins, 551 F.3d 322, 326 (5th Cir. 2008), citing Matsushita Elec. Indus.
Co. v. Zenith Radio, 475 U.S. 574, 587 (1986).
-3-

by setting forth particular facts indicating that there is a genuine issue for trial.6 After
the nonmovant has been given an opportunity to raise a genuine factual issue, if no
reasonable juror could find for the nonmovant, summary judgment will be granted.7
If the dispositive issue is one on which the nonmoving party will bear the
burden of proof at trial, the moving party may satisfy its burden by pointing out that
there is insufficient proof concerning an essential element of the nonmoving party's
claim.8 The motion should be granted if the nonmoving party cannot produce
evidence to support an essential element of its claim.9
When, as in this case, the defendants advance the affirmative defense of
qualified immunity, the usual summary judgment burden shifts to the plaintiffs to
show that the defense is not available.10

6

International Association of Machinists and Aerospace Workers, AFL–CIO v.
Compania Mexicana de Aviacion, S.A., 199 F.3d 796, 798 (5th Cir. 2000), citing (citing Anderson
v. Liberty Lobby, Inc., 477 U.S. at 248–49.
7

International Association of Machinists and Aerospace Workers, AFL–CIO v.
Compania Mexicana de Aviacion, S.A., 199 F.3d at 798, citing Celotex Corp. v. Catrett, 477 U.S.
at 322.
8

Norwegian Bulk Transport A/S v. International Marine Terminals Partnership, 520
F.3d 409, 412 (5th Cir. 2008), citing Celotex Corp. v. Catrett, 477 U.S. at 325.
9

Condrey v. Suntrust Bank of Ga., 431 F.3d 191, 197 (5th Cir. 2005).

10

Kovacic v. Villarreal, 628 F.3d 209, 211 (5th Cir. 2010).
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B.

THE STANDARD FOR EVALUATING A SECTION 1983 CLAIM
The complaint states that the plaintiff’s claims are brought pursuant to 42

U.S.C. § 1983 and 1988 as well as under Louisiana law. Section 1983 provides a
cause of action against anyone who “under color of any statute, ordinance, regulation,
custom, or usage, of any State” violates another person's Constitutional rights.
Section 1983 is not itself a source of substantive rights; it merely provides a method
for vindicating federal rights conferred elsewhere.11 To state a section 1983 claim,
a plaintiff must: (1) allege a violation of a right secured by the Constitution or laws
of the United States, and (2) demonstrate that the alleged deprivation was committed
by a person acting under color of state law.12 In this case, the defendants do not
contest whether Marshal Mouton or Deputy Marshal Angelle acted under color of law
at any relevant time. They do challenge whether the defendants’ actions or omissions
are constitutional violations.
C.

THE STANDARD FOR EVALUATING QUALIFIED IMMUNITY
Qualified immunity, an affirmative defense to a suit under 42 U.S.C. § 1983,

protects government officials in their personal capacity, while performing

11

Graham v. Connor, 490 U.S. 386, 393-94 (1989); Baker v. McCollan, 443 U.S. 137,
144, n. 3 (1979);Hernandez ex rel. Hernandez v. Texas Dep't of Protective & Regulatory Servs., 380
F.3d 872, 879 (5th Cir. 2004).
12

Whitley v. Hanna, 726 F.3d 631, 638 (5th Cir. 2013).
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discretionary functions, not only from suit, but from “liability for civil damages
insofar as their conduct does not violate clearly established statutory or constitutional
rights of which a reasonable person would have known.”13 Qualified immunity
protects “all but the plainly incompetent or those who knowingly violate the law.”14
Although qualified immunity is “nominally an affirmative defense, the plaintiff
has the burden to negate the defense once properly raised.”15 To meet this burden the
plaintiff must allege facts showing that the defendants committed a constitutional
violation under the current law and that the defendants' actions were objectively
unreasonable in light of the law that was clearly established at the time of the actions
complained of.16
Because the defendants have raised the qualified immunity defense in this case,
Deputy Marshal Angelle is entitled to qualified immunity on summary judgment
unless (1) the plaintiff has adduced sufficient evidence to raise a genuine dispute of
material fact suggesting that Deputy Marshal Angelle's conduct violated an actual

13

Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). See, also, Prison Legal News v.
Livingston, 683 F.3d 201, 224 (5th Cir. 2012).
14

Whitley v. Hanna, 726 F.3d at 638, quoting Malley v. Briggs, 475 U.S. 335, 341

(1986).
15

Poole v. City of Shreveport, 691 F.3d 624, 627 (5th Cir. 2012), quoting Brumfield v.
Hollins, 551 F.3d 322, 326 (5th Cir. 2008).
16

Atteberry v. Nocona General Hosp., 430 F.3d 245, 253 (5th Cir. 2005).
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constitutional right, and (2) Deputy Marshal Angelle’s actions were objectively
unreasonable in light of clearly established law at the time of the conduct in
question.17 This is so because the Fifth Circuit
applies a two-step analysis to determine whether a
defendant is entitled to summary judgment on the basis of
qualified immunity. First, we determine whether, viewing
the summary judgment evidence in the light most favorable
to the plaintiff, the defendant violated the plaintiffs
constitutional rights. If not, our analysis ends. If so, we
next consider whether the defendant's actions were
objectively unreasonable in light of clearly established law
at the time of the conduct in question. To make this
determination, the court applies an objective standard
based on the viewpoint of a reasonable official in light of
the information then available to the defendant and the law
that was clearly established at the time of the defendant's
actions.18
Recently, the United States Supreme Court clarified the role of the courts in
deciding a qualified immunity defense at the summary judgment stage. Specifically,
the Court held that the Court of Appeals failed to view the evidence in a light most
favorable to the nonmoving party, and in so doing, provided a roadmap for the district
court to follow in its analysis:
In resolving questions of qualified immunity at
summary judgment, courts engage in a two-pronged

17

Poole v. City of Shreveport, 691 F.3d at 627.

18

Freeman v. Gore, 483 F.3d 404, 410–11 (5th Cir. 2007) (internal citations omitted).
-7-

inquiry. The first asks whether the facts, “[t]aken in the
light most favorable to the party asserting the injury,. . .
show the officer's conduct violated a [federal] right[.]”
*****
The second prong of the qualified-immunity analysis
asks whether the right in question was “clearly established”
at the time of the violation. Governmental actors are
“shielded from liability for civil damages if their actions
did not violate ‘clearly established statutory or
constitutional rights of which a reasonable person would
have known.’” “[T]he salient question ... is whether the
state of the law” at the time of an incident provided “fair
warning” to the defendants “that their alleged [conduct]
was unconstitutional.” ...
Courts have discretion to decide the order in which
to engage these two prongs. But under either prong, courts
may not resolve genuine disputes of fact in favor of the
party seeking summary judgment. This is not a rule
specific to qualified immunity; it is simply an application
of the more general rule that a “judge's function” at
summary judgment is not “to weigh the evidence and
determine the truth of the matter but to determine whether
there is a genuine issue for trial.” Summary judgment is
appropriate only if “the movant shows that there is no
genuine issue as to any material fact and the movant is
entitled to judgment as a matter of law.” In making that
determination, a court must view the evidence “in the light
most favorable to the opposing party.”
Our qualified-immunity cases illustrate the
importance of drawing inferences in favor of the
nonmovant, even when, as here, a court decides only the
clearly-established prong of the standard. In cases alleging
unreasonable searches or seizures, we have instructed that
courts should define the “clearly established” right at issue
on the basis of the “specific context of the case.”
Accordingly, courts must take care not to define a case's

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“context” in a manner that imports genuinely disputed
factual propositions.19
Furthermore, as the Fifth Circuit has stated:
[The parties'] burden is not satisfied with some
metaphysical doubt as to the material facts, by conclusory
allegations, by unsubstantiated assertions, or by only a
scintilla of evidence. We resolve factual controversies in
favor of the nonmoving party, but only when there is an
actual controversy, that is, when both parties have
submitted evidence of contradictory facts. We do not,
however, in the absence of any proof, assume that the
nonmoving party could or would prove the necessary facts.
. . . [S]ummary judgment is appropriate in any case where
critical evidence is so weak or tenuous on an essential fact
that it could not support a judgment in favor of the
nonmovant.20
In this case, as will be fully explained below, the plaintiff has not presented
sufficient evidence to negate the assertion of qualified immunity. Accordingly,
Deputy Angelle is entitled to qualified immunity.
D.

THE PLAINTIFF’S FACTUAL ASSERTIONS
The defendants supported their factual assertions with references to deposition

testimony. In response, the plaintiff argued that, at the summary judgment stage of
such a lawsuit, the nonmovant’s evidence is to be believed and all justified inferences
19

Tolan v. Cotton, ___ U.S. ___, 134 S.Ct. 1861, 1865 - 66, (2014) (internal citations

omitted).
20

Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir. 1994) (internal citations and
quotation marks omitted; emphasis in original).
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must be drawn in favor of the plaintiff. In his briefing, the plaintiff described what
he claims occurred at the Ahart residence on the day in question. According to the
plaintiff’s memorandum, Alexis Ahart was at home babysitting her siblings when
Deputy Marshal Angelle entered the home without consent or a warrant, knocked
down a box of personal belongings, then photographed the mess. The plaintiffs claim
that she called her father, who instructed her to videotape the intruder. They claim
that Deputy Marshal Angelle became “worked up,” raised his voice, gripped Alexis’s
wrist, seized her telephone, then made her erase the video, spraining Alexis’s right
wrist and causing her emotional distress and fear. (Rec. Doc. 39 at 6). These
allegations are set forth in the plaintiff’s briefing – but in opposing the defendants’
motion for summary judgment, the plaintiff did not present any affidavits or
deposition testimony to support these allegations. In fact, the plaintiff offered no
competent evidence supporting his version of the alleged events.
Fed. R. Civ. P. 56(c)(1)(A) states that a party asserting that a fact is either
disputed or cannot be disputed must support that assertion by “citing to particular
parts of materials in the record” such as depositions, affidavits, stipulations,
admissions, or answers to interrogatories. Thus, the nonmoving party cannot survive
a summary judgment motion by resting on the mere allegations of its pleadings or on

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unsubstantiated assertions.21 Instead, “the nonmovant must identify specific evidence
in the record and articulate the manner in which that evidence supports that party's
claim.”22 The plaintiff has not satisfied that burden.
Numerous statements are made in the plaintiff’s opposition memorandum that
purport to set forth facts, but unsworn memoranda are not competent summary
judgment evidence.23 The only evidence in the record that supports the plaintiff’s
version of events is found in unsworn statements given to the Opelousas Police
Department by Michael and Alexis Ahart. Those statements, however, were not
submitted by the plaintiff along with his memorandum opposing the defendants’
motion for summary judgment, and they were not cited or even mentioned by the
plaintiff in his argument. Even if the plaintiff had attempted to rely upon the unsworn
statements, however, the attempt would have been futile. An unsworn statement is
not competent summary judgment evidence because it does not comply with the
requirements of Rule 56.24

21

Harris v. Smith, 482 Fed. App'x 929, 930 (5th Cir. 2012); Duffie v. United States, 600
F.3d 362, 371 (5th Cir. 2010).
22

Johnson v. Deep E. Tex. Reg'l Narcotics Trafficking Task Force, 379 F.3d 293, 301

th

(5 Cir. 2004).
23

Larry v. White, 929 F.2d 206, 211 n. 12 (5th Cir. 1991).

24

Okoye v. Univ. of Texas Houston Health Sci. Ctr., 245 F.3d 507, 515 (5th Cir. 2001);
Nissho-iwai Am. Corp. v. Kline, 845 F.2d 1300, 1305–07 (5th Cir. 1988).
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The unsworn statements were attached as exhibits to an affidavit by Officer
Herbert Levier. (Rec. Doc. 30-7). While an affidavit is competent summary
judgment evidence, Officer Levier has no personal knowledge of the events described
in the unsworn statements. To be used in supporting a motion for summary judgment,
an affidavit “must be made on personal knowledge.”25 Consistently, a court ruling
on a motion for summary judgment may not consider hearsay evidence contained in
affidavits.26 “Evidence on summary judgment may be considered to the extent not
based on hearsay or other information excludable at trial.”27 Therefore, Officer
Levier’s affidavit does not convert the unsworn statements into competent summary
judgment evidence.
Thus, the plaintiff has not offered any competent evidence supporting his
alleged version of events.
E.

FACTUAL FINDINGS
Based on the competent evidence presented, the Court makes the following

factual findings.

25

Fed. R. Civ. P. 56(c)(4).

26

Martin v. John W. Stone Oil Distrib., Inc., 819 F.2d 547, 549 (5th Cir. 1987).

27

Fowler v. Smith, 68 F.3d 124, 126 (5th Cir. 1995).
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At the relevant time in August of 2013, Michael Ahart, his wife Holly, his
daughter Alexis, his other children, and his mother Cynthia Ahart were all living in
a home on East North Street in Opelousas, Louisiana. Cynthia Ahart had not lived
in the house for approximately a decade until about ten days before the incident, when
she moved back in. Cynthia Ahart initiated eviction proceedings against her son and
his family. Deputy Marshal Angelle served the eviction notice on Mr. Ahart. A day
or so later, Cynthia Ahart returned to the Opelousas City Marshal’s office and
requested that a marshal escort her to the home so that she could get some clothes and
other items so she could stay in a hotel until the eviction process was completed.
Deputy Marshal Angelle was assigned this task, and he went to the house with
Cynthia Ahart. Upon arrival at the residence, Mrs. Ahart put her key in the lock,
Deputy Angelle turned the key, and they walked into the house. Deputy Marshal
Angelle stood only in the hall and in the kitchen, did not move anything, and took
some photographs at Mrs. Ahart’s request. When he observed Alexis Ahart filming
him with her cell phone, he asked what she was doing. She replied that she was
filming him to put it on YouTube. Deputy Marshal Angelle told Alexis that she did
not have his permission to do so, and he asked her to stop and to delete the pictures
she had taken. Alexis attempted to hand him her telephone, but Deputy Marshal
Angelle declined to touch her phone because he did not know how to operate it, and
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he asked her to delete the photographs and video. He watched as she did so. He did
not raise his voice, he did not touch Alexis’s phone, and he did not touch Alexis.
F.

THERE WAS NO SEARCH
The plaintiff alleges that Deputy Marshal Angelle conducted an

unconstitutional search of his residence. There are two reasons why this allegation
has no merit.
First, there was no search. The United States Supreme Court has held that
merely looking at what is in plain view without disturbing it is not a search.28 No
evidence was presented establishing that Deputy Marshal Angelle did anything other
than look at what was in the house and take some photos. The allegation that he
knocked things down and then photographed them was made in the plaintiff’s
memorandum opposing the defendants’ motion for summary judgment but it is not
supported by any competent evidence. Consequently, Deputy Marshal Angelle’s
presence in the Aharts’ home did not constitute a search.
Second, Cynthia Ahart consented to Deputy Marshal Angelle’s entrance into
the house. In fact, she invited him in. “[T]he underlying command of the Fourth
Amendment is always that searches and seizures be reasonable, [but] what is

28

Arizona v. Hicks, 480 U.S. 321, 325 (1987).
-14-

reasonable depends on the context within which a search takes place.”29

A

warrantless search is presumptively unreasonable unless it falls within an exception
to the Fourth Amendment's warrant requirement.30 It is undisputed that Deputy
Marshal Angelle entered the Aharts’ home without a warrant.

But he was

accompanied by Cynthia Ahart, a co-owner and resident of the home, pursuant to her
request that he escort her to the residence. Mrs. Ahart not only consented to Deputy
Marshal Angelle’s entering the home, she requested that he do so.
It is well settled under the Fourth and Fourteenth
Amendments that a search conducted without a warrant
issued upon probable cause is “per se unreasonable . . .
subject only to a few specifically established and
well-delineated exceptions.” It is equally well settled that
one of the specifically established exceptions to the
requirements of both a warrant and probable cause is a
search that is conducted pursuant to consent.31
Therefore, because Mrs. Ahart consented to Deputy Marshal Angelle entering the
house, his presence there did not constitute an unreasonable search.
Even if Michael Ahart had objected to Deputy Marshal Angelle being in the
house, his objection would not have counterbalanced Mrs. Ahart’s consent because

29

New Jersey v. T.L.O., 469 U.S. 325, 337 (1985).

30

United States v. Guzman, 739 F.3d 241, 245 (5th Cir. 2014), citing United States v.
Karo, 468 U.S. 705, 717 (1984).
31

Schneckloth v. Bustamonte, 412 U.S. 218, 219 (1973) (internal citations omitted).
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Mr. Ahart was not physically present. “[T]he objection of an absent cotenant does not
vitiate the consent of a physically present cotenant.”32 Therefore, even though
Deputy Marshal Angelle had no search warrant, Cynthia Ahart’s permitting Deputy
Marshal Angelle to go into the house cleared any Constitutional barrier to his
presence.
Finally, even if there was a search, it was reasonable. “The reasonableness of
a search depends on the totality of the circumstances, including the nature and
purpose of the search and the extent to which the search intrudes upon reasonable
privacy expectations.”33 Cynthia Ahart asked Deputy Marshal Angelle to accompany
her to the home as insurance against a domestic dispute and to take photos of some
specific things. Because she was in the process of evicting her son and his family
from the home, this was a reasonable request and Deputy Marshal Angelle’s actions
were also reasonable.
Viewing the summary judgment evidence in the light most favorable to the
plaintiff, as is required, the Court concludes that there is no evidence that Deputy
Marshal Angelle violated the plaintiff’s constitutional right to be free of unreasonable

32

United States v. Cooke, 674 F.3d 491, 499 (5th Cir. 2012).

33

Grady v. N. Carolina, ___ U.S. ___, 135 S. Ct. 1368, 1371 (2015).
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searches. Accordingly, Deputy Marshal Angelle is entitled to qualified immunity
with regard to the alleged search of the Aharts’ residence.
G.

THERE WAS NO EXCESSIVE FORCE
The plaintiff’s second claim is that, while he was in the Aharts’ residence,

Deputy Marshal Angelle wrested a cellphone from Alexis Ahart’s hands, using force
that was excessive under the circumstances, and injuring her wrist.
To prevail on a Fourth Amendment excessive force claim, a plaintiff must
establish “(1) injury (2) which resulted directly and only from the use of force that
was clearly excessive, and (3) the excessiveness of which was clearly
unreasonable.”34 A plaintiff must show that the use of force was “clearly excessive
to the need and was objectively unreasonable.”35 A determination of whether the
force used to effect a particular seizure is reasonable under the Fourth Amendment
requires a careful balancing of the amount of force used against the need for force.36
“Excessive force claims are necessarily fact-intensive; whether the force used is
‘excessive’ or ‘unreasonable’ depends on ‘the facts and circumstances of each

34

Freeman v. Gore, 483 F.3d 404, 416 (5th Cir. 2007). See, also, Tarver v. City of
Edna, 410 F.3d 745, 751 (5th Cir. 2005); Goodson v. City of Corpus Christi, 202 F.3d 730, 740 (5th
Cir. 2000).
35

Hill v. Carroll County, 587 F.3d 230, 234 (5th Cir. 2009).

36

Ramirez v. Knoulton, 542 F.3d 124, 129 (5th Cir. 2008).
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particular case.’”37 Where, as here, the dispositive issue is one on which the
nonmoving party will bear the burden of proof at trial, the moving party may satisfy
its burden by pointing out that there is insufficient proof concerning an essential
element of the nonmoving party's claim.38 “The burden then shifts to the nonmoving
party, who must, by submitting or referring to evidence, set out specific facts showing
that a genuine issue exists.”39
In this case, viewing the summary judgment evidence in the light most
favorable to the plaintiff, as is required, the Court concludes that the plaintiff
presented no evidence that Deputy Marshal Angelle actually touched Alexis.
Therefore, there is no evidence that any amount of force was used and no evidence
that excessive force was used. Consequently, there is no evidence of a constitutional
violation. Accordingly, Deputy Marshal Angelle is entitled to qualified immunity
with regard to the excessive force claim.

37

Deville v. Marcantel, 567 F.3d 156, 167 (5th Cir. 2009), quoting Graham v. Connor,
490 U.S. 386, 396 (1989).
38

Norwegian Bulk Transport A/S v. International Marine Terminals Partnership, 520
F.3d 409, 412 (5th Cir. 2008).
39

Norwegian Bulk Transport A/S v. International Marine Terminals Partnership, 520

F.3d at 412.
-18-

H.

THE CLAIMS AGAINST MARSHAL MOUTON
In addition to his claims against Deputy Marshal Angelle, the plaintiff also

asserts claims against Opelousas City Marshal Paul Mouton. “Under section 1983,
supervisory officials are not liable for the actions of subordinates on any theory of
vicarious liability.”40 In a Section 1983 action, a supervisory official may be held
liable only if:

(i) he affirmatively participated in the acts that resulted in a

constitutional deprivation; or (ii) he implemented unconstitutional policies that
resulted in the plaintiff's injury.41 To establish supervisor liability for constitutional
violations committed by subordinate employees, the plaintiff must show that the
supervisor acted or failed to act with deliberate indifference to the violation of others’
constitutional rights committed by their subordinates.42 Deliberate indifference
requires “proof that a municipal actor disregarded a known or obvious consequence
of his action.”43

40

Thompson v. Upshur County, 245 F.3d at 459, quoting Thompkins v. Belt, 828 F.2d
298, 303 (5 Cir. 1987).
th

41

Porter v. Epps, 659 F.3d 440, 446 (5th Cir. 2011); Gates v. Texas Dep't of Prot. &
Reg. Servs., 537 F.3d 404, 435 (5th Cir. 2008).
42

Porter v. Epps, 659 F.3d at 446.

43

Porter v. Epps, 659 F.3d at 446-47; Connick v. Thompson, ___ U.S. ___, 131 S.Ct.
1350, 1360 (2011).
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In this case, there is no allegation that Marshal Mouton was present at the
Aharts’ residence on the day in question. Furthermore, no evidence was presented
to show that Marshal Mouton instituted an unconstitutional policy that was being
followed by Deputy Marshal Angelle when he accompanied Cynthia Ahart to her
home that day. Finally, there is no evidence that Marshal Mouton acted or failed to
act with deliberate indifference to the constitutional violations allegedly committed
by Deputy Marshal Angelle. “A complete failure of proof concerning an essential
element of the nonmoving party's case is fatal and entitles the moving party to
judgment as a matter of law.”44 Consequently, there is no basis for the claims against
Marshal Mouton, and they will be dismissed.
I.

THE STATE LAW CLAIMS
The plaintiff asserted state law claims of assault and battery against Deputy

Marshal Angelle, based on the allegation that he injured Alexis’s arm when removing
the cellphone from her hand. In the motion for summary judgment, the defendants
seek to have this Court decline jurisdiction over those claims. Having concluded that
the plaintiff's federal-law claims against the Marshal Mouton and Deputy Marshal
Angelle should be dismissed, there is no remaining federal question before the court.

44

Ledesma v. Swartz, No. 2:96-CV-0491, 1998 WL 355480, at *2 (N.D. Tex. June 26,
1998), citing Celotex v. Catrett, 477 U.S. at 322–23.
-20-

Although this fact alone does not divest the court of jurisdiction, “in the usual case
in which all federal-law claims are eliminated before trial, the balance of factors to
be considered under the pendent jurisdiction doctrine – judicial economy,
convenience, fairness, and comity – will point toward declining to exercise
jurisdiction over the remaining state-law claims.”45 Moreover, the general rule in this
circuit is to dismiss state claims when the federal claims they supplement are
dismissed.46

Therefore, this Court will decline to exercise its supplemental

jurisdiction, and the plaintiff’s state-law claims will be dismissed.
Conclusion
For the foregoing reasons, the defendants’ motion for summary judgment is
GRANTED. The motion is granted with regard to the plaintiffs’ Section 1983 claims
against defendant Deputy Marshal Frank Angelle because he is entitled to qualified
immunity, and those claims are dismissed with prejudice. The motion is GRANTED
with regard to the Section 1983 claims against Marshal Paul Mouton because the
plaintiff failed to prove that a constitutional violation occurred, and those claims are

45

Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 350 n. 7 (1988)

46

Batiste v. Island Records, Inc., 179 F.3d 217, 227 (5th Cir. 1999); Parker & Parsley
Petroleum Co. v. Dresser Industries, 972 F.2d 580, 585 (5th Cir. 1992); Wong v. Stripling, 881 F.2d
200, 204 (5th Cir. 1989).
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dismissed with prejudice. The court declines to exercise supplemental jurisdiction
over the plaintiff’s state-law claims, and those claims are dismissed without prejudice.
Signed at Lafayette, Louisiana, this 20th day of July 2015.

____________________________________
PATRICK J. HANNA
UNITED STATES MAGISTRATE JUDGE

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