White et al v. Jackson et al

Filing 335

OPINION MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the Motion for Summary Judgment, [Doc. No. 292], is DENIED. 292 Signed by District Judge Henry Edward Autrey on 1/31/19. (CLA)

Case: 4:14-cv-01490-HEA Doc. #: 335 Filed: 01/31/19 Page: 1 of 4 PageID #: 5007

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DEWAYNE MATTHEWS,

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Plaintiff,
v.
THOMAS JACKSON, et al.,

Defendants.

No. 4:14CV1490 HEA

OPINION, MEMORANDUM AND ORDER
This matter is before the Court on the Motion for Summary Judgment, filed
by defendants Jon Belmar and the County of St. Louis, [Doc. No. 292]. Plaintiff
opposes the motion. The Motion is denied.
Facts and Background
The facts and background have been previously detailed. After remand from
the appeal of this Court’s grant of summary judgment to all defendants, Defendants
Belmar and St. Louis County again move for summary judgment on the claims
against them. Defendants argue that there is no dispute as to any material facts
which could subject them to liability.
Plaintiff’s remaining claims against these defendants are under 42 U.S.C. §
1983 for deprivation of his civil rights and for failure to supervise, and discipline.
Standard

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Summary judgment is proper if the evidence, viewed in the light most
favorable to the nonmoving party, demonstrates no genuine issue of material fact
exists and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P.
56(c); Cordry v. Vanderbilt Mortg. & Fin., Inc., 445 F.3d 1106, 1109 (8th
Cir.2006) (quoting Bockelman v. MCI Worldcom, Inc., 403 F.3d 528, 531 (8th
Cir.2005)). The proponent of a motion for summary judgment “bears the initial
responsibility of informing the district court of the basis for its motion, and
identifying those portions of ‘the pleadings, depositions, answers to interrogatories,
and admissions on file, together with the affidavits, if any,’ which it believes
demonstrate the absence of a genuine issue of material fact.” Celotex Corp. v.
Catrett, 477 U.S. 317, 323 (1986) (quoting Fed.R.Civ.P. 56(c)). The proponent
need not, however, negate the opponent's claims or defenses. Id. at 324–25.
In response to the proponent's showing, the opponent's burden is to “come forward
with ‘specific facts showing that there is a genuine issue for trial.’ “ Matsushita
Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986) (quoting
Fed.R.Civ.P. 56(e)). A “genuine” dispute of material fact is more than “some
metaphysical doubt as to the material facts.” Id. at 586.
“[T]here is no issue for trial unless there is sufficient evidence favoring the
nonmoving party for a jury to return a verdict for that party.” Anderson v. Liberty
Lobby, Inc., 477 U.S. 242, 249 (1986). “If the evidence is merely colorable ... or is

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not significantly probative ... summary judgment may be granted.” Id. at 249–50
(citations omitted).
Discussion
Section 1983 liability for a constitutional violation may attach to a
municipality if the violation resulted from (1) an official municipal policy, (2) an
unofficial custom, or (3) a deliberately indifferent failure to train or supervise.
Monell v. Dep't of Soc. Serv., 436 U.S. 658, 690–91 (1978); City of Canton, Ohio
v. Harris, 489 U.S. 378, 388–89 (1989).
A plaintiff may establish municipal liability under § 1983 by proving that his
or her constitutional rights were violated by an action pursuant to official
municipal policy or misconduct so pervasive among non-policymaking employees
of the municipality as to constitute a custom or usage with the force of law.” Ware
v. Jackson Cnty., Mo., 150 F.3d 873, 880 (8th Cir.1998) (internal quotation marks
and citation omitted). “[I]n order to state a viable § 1983 claim [ ], plaintiff is
required to plead facts sufficient to show at least an inference that [her]
constitutional rights were violated as a result of action taken pursuant to an official
policy, or as a result of misconduct so pervasive among non-policymakers as to
constitute a widespread custom and practice with the force of law.” Davis v. St.
Louis County, Mo., 4:14CV1563 CAS, 2015 WL 758218, at *12 (E.D.Mo. Feb. 23,
2015) (citation omitted).

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The pleadings, affidavits and evidence in the record, together with the
reasonable inferences to be drawn therefrom, establish that disputes of material
fact exist which must be decided by the trier of fact. As such, summary judgment
is not appropriate.
Accordingly,
IT IS HEREBY ORDERED that the Motion for Summary Judgment, [Doc.
No. 292], is DENIED.
Dated this 31st day of January, 2019.

HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE

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