Young v. Myhrer

243 F.Supp.3d 1243

Ronnie Guy YOUNG, Plaintiff,

v.Kimberly MYHRER, et al., Defendants.

Case No.: 2:14–CV–407–VEH

United States District Court, N.D. Alabama, Southern Division.

Signed March 21, 2017

Andrew Phillip Campbell, Yawanna Nabors McDonald, Campbell Guin Williams Guy and Gidiere LLC, Birmingham, AL, for Plaintiff.

T. Kelly May, Hugh Cannon Lawley, Huie Fernambucq & Stewart LLP, Birmingham, AL, for Defendants.

VIRGINIA EMERSON HOPKINS, United States District Judge

MEMORANDUM OPINION ON REMAND

I. Introduction and Procedural History

Plaintiff Ronnie Guy Young ("Mr. Young") initiated this civil rights lawsuit on March 7, 2014. On May 30, 2014, Mr. Young filed a first amended complaint (Doc. 10) against the following seven individual defendants who have all been sued in their personal capacities only: Kimberly Myhrer ("Officer Myhrer"), Ronald Higgins ("Officer Higgins"), Timothy Laatsch ("Sergeant Laatsch"), Shanna Young ("Officer Young"), Matthew Joiner ("Officer Joiner"), David Mitchell ("Officer Mitchell"), and Shane Mills ("Officer Mills") (collectively, the "Defendants"). (Doc. 10 ¶¶ 4–6).

By virtue of the court's prior ruling on summary judgment, Mr. Young's federal counts for deliberate indifference and conspiracy to interfere with civil rights were dismissed with prejudice (Doc. 55 at 24), and only his state law claims for negligence, wantonness, and the intentional infliction of emotional distress remained in this lawsuit. (Id. at 24, 29). Defendants filed an interlocutory appeal on September 18, 2015, challenging the court's rejection of their state sovereign immunity defense raised under the Jailer Liability Protection Act of 2011 (the "Jailer Act") to these state law claims on summary judgment. (Doc. 57).

On July 1, 2016, the Eleventh Circuit reversed this court's sovereign immunity ruling adverse to Defendants and remanded this case for a determination in the first instance:¹

[W]hether the individual defendants are entitled to summary judgment on state sovereign immunity grounds under Ala. Code §§ 14–6–1 & 36–22–3(b). It should specifically consider whether the defendants acted in compliance with the law as the amended statutes require, and in so doing will have to address who has the burden on that issue.

(Doc. 63–1 at 9–10). On December 12, 2016, this court entered an order establishing a briefing schedule on the remand issues identified by the Eleventh Circuit under the Jailer Act. (Doc. 64).

Defendants filed their initial brief (Doc. 65) on December 29, 2016. Mr. Young filed his responsive brief (Doc. 66) on January 19, 2017. On January 25, 2017, Defendants replied. (Doc. 67). Having considered the parties' arguments on remand, the court concludes that the sovereign immunity defense afforded to Defendants under the Jailer Act precludes the state law claims that Mr. Young has asserted against them. Therefore, the state law section of the court's previous summary judgment decision (Doc. 55 at 24–29) is due to be vacated. Further, that portion of Defendants' Motion for Summary Judgment (Doc. 49) that deals with Mr. Young's state law claims is due to be treated as one requesting a Rule 12(b)(1) dismissal of those counts on state sovereign immunity grounds. Accordingly, Counts I and II of Mr. Young's lawsuit remain dismissed with prejudice while Counts III and IV are due to be dismissed without prejudice.²

II. Factual Background³

Mr. Young has an extensive criminal history in California, having been convicted of assault with a firearm, possession of drugs, and possession of drugs with the intent to distribute. AF No. 1.1.⁴ He has spent 18 of his 46 years of life in state prisons in California. AF No. 1.2. Although born and raised in California, he has family in Shelby County, Alabama. AF No. 2.

In 2011, Mr. Young was convicted in California of distribution of methamphetamines and received a sentence of either four years of incarceration or participation in an in-house drug program. AF No. 3.1. Mr. Young participated in the program for approximately one and a half months, at which time he fled to Alabama. AF No. 3.2. A fugitive from justice warrant was issued by California Department of Corrections on February 13, 2012 for the arrest of Mr. Young. AF No. 4.

On December 28, 2009, James Wesley Howard ("Mr. Howard") was arrested and charged with the murder of Kara Nichole Lee ("Kara Lee"), and was incarcerated in the Shelby County Jail pending trial for capital murder. AF No. 5.1. Kara Lee was approximately 2 years old at the time of her death and Mr. Howard was the boyfriend of Kara Lee's mother, Britany Lee. AF No. 5.2. Mr. Young's nephew, William Young, Jr., ("William Young") was the father of Kara Lee. AF No. 5.3. While Mr. Young was in Alabama as a fugitive from California, he spoke with William Young several times about Mr. Howard, and during these conversations William Young told Mr. Young that Mr. Howard was incarcerated in the Shelby County jail. AF No. 6.

On the early morning hours of March 9, 2012, Mr. Young was arrested by the U.S. Marshal's Service at the home of his brother, George Young, in Shelby, Alabama. AF No. 7. Mr. Young was transported to the Shelby County jail and booked in on March 9, 2012. AF No. 8.1. The booking officers received a report that Mr. Young was a known felon, gang member, had a history of carrying a gun, assaulting police officers, and was an escape risk. AF No. 8.2. It was also reported that Mr. Young had claimed to be a member of the Southern Brotherhood, a white supremacist gang. AF No. 8.3.

During the booking process, an Inmate Questionnaire (the "Questionnaire") was completed which Mr. Young signed. AF No. 9.1; (see also Doc. 51–11 at 4 at 10 (Officer Higgins's answering affirmatively that he was the officer who asked Mr. Young the questions on the Questionnaire)). Question number 25 asked Mr. Young if he was "aware of any reason [he] should be separated from another inmate while [he] is here?" to which Mr. Young responded "no". AF No. 9.2. Officer Higgins asked Mr. Young the questions verbatim as set out on the Questionnaire, and marked down Mr. Young's responses. AF No. 9.3; (see also Doc. 51–11 at 4 at 11 (Officer Higgins's testifying that "Sergeant Myers told me that you are to ask each question verbatim to the inmate, and that's how I asked them, verbatim")). Further, Mr. Young signed the Questionnaire attesting to the accuracy of the information. AF No. 9.3. Additionally, at no time did Mr. Young inform the booking officers about his adverse affiliation with Mr. Howard or otherwise indicate that he should be separated from Mr. Howard.⁵ AF No. 9.4.

Mr. Young testified that he heard the [Deputy] U.S. Marshal state to the booking officers that he was to remain in isolation, as opposed to being placed in the general population. (Doc. 52 at 6 ¶ 10). Initially, Officer Myhrer placed Mr. Young in administrative segregation. AF No. 10.

On March 10, 2012, Officer Joiner classified Mr. Young as a maximum security inmate based on his extensive history of assaultive behavior and on the reports from the arresting officers. AF No. 11.1.

However, Officer Joiner could not confirm these claims through the National Crime Information Center, and therefore the classification evaluation of Mr. Young continued. AF No. 11.2.

On March 12, 2012, Sergeant Laatsch continued to investigate Mr. Young's criminal and behavioral history in order to further assess his classification status. AF No. 12.1. Due to the fact that Sergeant Laatsch had received conflicting reports as to Mr. Young's criminal history and since he could not confirm the charges of assaults against officers and escape attempts, Sergeant Laatsch had Mr. Young moved from an administrative segregation cell to Unit B–3, which is a single person lockdown cell. AF No. 12.2.

On the morning of March 14, 2012, Sergeant Laatsch continued his investigation into the behavioral reports concerning Mr. Young. AF No. 16.1. He was unsuccessful in confirming that Mr. Young was an escape risk and had a violent history toward correction staff while at previous institutions. AF No. 16.2. He further reviewed Mr. Young's history and considered a report from Sergeant Dixon⁶ of his interview of Mr. Young. AF No. 16.3. Sergeant Dixon had reported to Sergeant Laatsch that Mr. Young did not deny some of his past aggressive behavior but declared that he was not like that anymore. AF No. 16.4. Based on the prior charges of kidnapping first and an aggravated assault from California, Sergeant Laatsch took into consideration the behavioral reports on Mr. Young to classify him with a medium designation instead of continuing to keep him in segregation. AF No. 16.5.

In the afternoon of March 14, 2012, prior to the end of his shift, Sergeant Laatsch sent an email to Officer Joiner informing him that he was unable to complete three inmate housing moves during the day shift, and for Officer Joiner to make these moves during his shift if he had the time. AF No. 17.1. One of these housing moves was for Mr. Young to be moved from his B3 single cell to Pod A, Block 6. AF No. 17.2. Pod A, Block 6 (A–6) houses both maximum and medium security inmates having a history of assaultive behavior. AF No. 18.

Pod A is comprised of a number of cell blocks. AF No. 19.1. Each block contains a number of cells. AF No. 19.2. In the center of the pod is a tower manned by a correctional officer, with a view into each block. AF No. 19.3. There are two additional officers assigned to the pod who act as rovers throughout the pod. AF No. 19.4.

Each block surrounding the tower is triangular in shape. AF No. 19.5. A–6 is comprised of a large room with tables, chairs, phones, a television, and showers, referred to as the "dayroom". AF No. 19.6. Along the back wall of the block are two-man cells, configured in a lower and upper level. AF No. 19.7. The cell doors routinely remain open during the day so that inmates can utilize the dayroom and go to and from their cells. AF No. 19.8.

Each block is...