Parker v. Landry
Opinion
*12 The district court dismissed a complaint filed by plaintiff-appellant Bridget Parker against (as relevant here) three Maine prison officials, determining that the complaint did not state a plausible claim. The plaintiff sought leave to amend, but the district court denied her motion. The court ruled that the proposed amended complaint was futile because it failed to state any plausible claims against the three officials. The plaintiff appeals. Concluding that the court below appropriately evaluated the proposed amended complaint and appropriately denied leave to amend, we affirm.
I
We rehearse the relevant facts as set out in the proposed amended complaint, assuming them to be true unless merely conclusory.
See
D'Agostino
v.
ev3, Inc.
,
While in custody, the plaintiff experienced several instances of unwanted sexual contact with a correctional officer, Joshua Dall-Leighton. Shortly after the plaintiff's arrival at the SMRC in September of 2014, she became the target of sexualized comments from Dall-Leighton, who was tasked with driving her to and from her employment and educational courses. Dall-Leighton also used his position of authority and his physical control over the plaintiff to initiate multiple sexual encounters with her, beginning in December of 2015. Notwithstanding the plaintiff's repeated attempts to end their carnal encounters, Dall-Leighton persisted in initiating them.
The plaintiff felt unable to reject Dall-Leighton's sexual advances due to both fear of adverse consequences and the power dynamic inherent in the situation. She nonetheless disclosed his misconduct to another correctional officer, Renee Shanks. The latter tried to help the plaintiff limit her interactions with Dall-Leighton but did not report his misconduct to her superiors. In conversations with the plaintiff, Shanks appeared sympathetic to Dall-Leighton, distinguishing him from another correctional officer who reportedly had been fired for "preying" on female inmates at the SMRC.
Around March of 2016, the plaintiff deliberately violated the SMRC's alcohol policy to secure a transfer to a different prison facility (where she would not have any contact with Dall-Leighton). In the new facility, the plaintiff told her story to a fellow inmate, who reported the abuse. This report triggered an investigation and resulted in Dall-Leighton's indictment and dismissal.
On June 14, 2017, the plaintiff repaired to the United States District Court for the District of Maine and sued the warden of the MCC (Scott Landry), a former warden of the MSP (Randall Liberty), and the former commissioner of the DOC (Dr. Joseph Fitzpatrick), whom we shall collectively *13 call "the defendants." 1 With respect to the defendants, the complaint alleged federal constitutional violations, a civil rights conspiracy, and supplementary state-law claims.
The defendants answered the complaint and moved to dismiss.
See
Fed. R. Civ. P. 12(b)(6). The district court treated the motion as a motion for judgment on the pleadings.
See
Fed. R. Civ. P. 12(c) ;
see
also
Aponte-Torres
v.
Univ. Of P.R.
,
The plaintiff moved for reconsideration and for leave to amend. At the district court's request, she tendered a proposed amended complaint in which she purposed to fill the gaps that had doomed her original complaint. The district court denied both motions, holding in an unpublished order that allowing the motion to amend would be futile because the proposed amended complaint failed to state any plausible claims for relief. After some further proceedings, not pertinent here, the district court entered a final judgment in favor of the defendants. This timely appeal followed.
II
We review the district court's disposition of a motion to amend a complaint for abuse of discretion.
See
Hatch
v.
Dep't for Children, Youth & Their Families
,
In the case at hand, the district court denied leave to amend on the basis of futility. When - as in this case - a plaintiff seeks to amend her complaint prior to the commencement or completion of discovery, we view futility through the lens of Federal Rule of Civil Procedure 12(b)(6).
See
Privitera
v.
Curran
(
In re Curran
),
It is common ground that 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). Although there is no need to spell out endless details, the complaint must do
*14
more than merely parrot the contours of a cause of action.
See
Twombly
,
In assaying plausibility, we engage in a two-step pavane.
See
García-Catalán
v.
United States
,
In this appeal, the plaintiff challenges only the district court's refusal to grant leave to amend so that she might pursue her federal claims. 2 We limit our discussion accordingly.
We begin with the plaintiff's flagship claims, which hinge on the question of whether the proposed amended complaint plausibly states section 1983 claims for supervisory liability against any or all of the defendants. Section 1983 "affords a private right of action in favor of persons whose federally assured rights are abridged by state actors."
Kando
v.
R.I. State Bd. of Elections
,
A supervisory liability claim under section 1983 has two elements: the plaintiff must plausibly allege that "one of the supervisor's subordinates abridged the plaintiff's constitutional rights" and then forge an affirmative link between the abridgement and some action or inaction on the supervisor's part.
Guadalupe-Báez
v.
Pesquera
,
*15
(quoting
Welch
v.
Ciampa
,
The concept of supervisory liability is separate and distinct from concepts such as vicarious liability and respondeat superior.
See
Guadalupe-Báez
,
A showing of deliberate indifference has three components: "the plaintiff must show '(1) that the officials had knowledge of facts, from which (2) the official[s] can draw the inference (3) that a substantial risk of serious harm exists.' "
Here, the proposed amended complaint does not identify any affirmative acts by any of the defendants that might arguably constitute deliberate indifference. Even in the absence of such facts, though, a plaintiff sometimes can identify a causal nexus by juxtaposing the supervisor's omissions alongside a "known history of widespread abuse sufficient to alert a supervisor to ongoing violations."
Maldonado-Denis
v.
Castillo-Rodriguez
,
In addition to deliberate indifference and causation, the plaintiff must allege facts showing that the supervisor was on notice of the subordinate's misconduct.
See
Guadalupe-Báez
,
We measure the proposed amended complaint against these benchmarks. As to deliberate indifference, the proposed amended complaint alleges the following: that prior to Dall-Leighton's sexual misconduct coming to light, two other Maine correctional officers were investigated for sexual assault of female inmates, resulting in the firing of one and the resignation of the other; that Dall-Leighton was close friends with one of those correctional officers (Bret Butterfield) and was suspended (for reasons not stated) during the investigation of Butterfield; that a local sheriff told a newspaper about his intention to hold a press conference to discuss indictments of former and current correctional officers, none of whom were identified; and that a DOC official (not a party to this case) described Dall-Leighton as "the Teflon Kid" because "everyone knew he was up to something, but no one could pin anything on him." Scrutinizing these tidbits, we agree with the district court that the proposed amended complaint failed to set forth facts sufficient to make a plausible showing of deliberate indifference on the part of any of the defendants.
In this respect, the most obvious flaw in the proposed amended complaint is the absence of anything that would support
*16
an inference of notice. When - as in this case - there is no allegation of actual notice, the primary means by which a plaintiff can show that officials had knowledge of facts from which they could infer a substantial risk of serious harm is to allege (plausibly) that the officials were aware of previous and relevant misconduct by the subordinate in question.
See
,
e.g.
,
Saldivar
v.
Racine
,
In concluding that the plaintiff's proposed amended complaint falls short of the "notice" benchmark, we do not write on a pristine page. Our decision in
Saldivar
is instructive. There, we held that a supervisory liability claim against a police chief was too weak to cross the plausibility threshold.
See
Saldivar
,
In a similar vein, the Fifth Circuit held that prison officials' knowledge, without specific details, of an officer's prior arrest for sexual contact with a minor was insufficient to put them on notice of the risk that the officer would sexually assault an inmate.
See
Rivera
v.
Bonner
,
The case at hand is governed by substantially the same principles. The plaintiff's factual allegations fail plausibly to show that the defendants had knowledge sufficient to ground a reasonable inference that Dall-Leighton presented a substantial risk of serious harm to female inmates. The vague "Teflon Kid" comment does not plausibly forecast Dall-Leighton's proclivity to be a sexual predator. And the ambiguous suggestion that Dall-Leighton might be "up to something," without further elaboration, is of little consequence. To hold that such a comment places a prison official on constructive notice that sexual predation is in the offing would require a leap of logic that we are not prepared to make.
The plaintiff points out that the proposed amended complaint alleges another fact: that Dall-Leighton was suspended during the DOC's investigation of Butterfield. This allegation does not advance the plaintiff's cause. The proposed amended complaint contains no facts warranting a reasonable inference that Dall-Leighton's suspension was predicated in any way, shape, or form on his own sexual misconduct. For aught that appears, Dall-Leighton may have been suspended only because he was friendly with Butterfield and, as a result, the DOC wished to wall him off from the Butterfield investigation.
*17
The bottom line is that the scanty factual allegations limned in the proposed amended complaint do not make out a plausible showing of deliberate indifference and, thus, do not carry the plaintiff's supervisory liability claims over the plausibility threshold. In the last analysis, the complaint contains no facts sufficient to support a plausible inference that any of the defendants had reason to believe that Dall-Leighton presented a substantial risk of serious harm to female inmates.
See
Elsevier
,
We iron out one wrinkle. Even in the absence of a showing that officials knew of a substantial risk of serious harm at the hands of a particular subordinate, a plaintiff still may, in rare circumstances, make a plausible showing of deliberate indifference by alleging facts that indicate "a known history of widespread abuse sufficient to alert a supervisor to ongoing violations," from which officials could infer a substantial risk of serious harm.
Guadalupe-Báez
,
Although the plaintiff strives to invoke the Guadalupe-Báez exception, this case is at a considerable remove. The plaintiff's allegations fall well short of the pervasive and systemic misconduct chronicled in the DOJ report, which formed the basis for a reasonable inference of constructive knowledge by the supervisor (the PRPD police chief).
Aware of this distinction, the plaintiff posits that the sheriff's statement concerning "some recent indictments involving current and former corrections officers" forms the basis for a reasonable inference that the defendants may have been aware of other relevant indictments. But the proposed amended complaint provides no further information about any such indictments, and the plaintiff's attempt to connect the sheriff's statement to the misconduct at issue here is woven entirely of gossamer strands of speculation and surmise. Consequently, we conclude that the sheriff's statement to the press does not support a reasonable inference of constructive notice on the defendants' part.
This brings us to the plaintiff's remaining federal claim: that the defendants conspired to deprive her of rights and privileges in violation of
Once again, the plaintiff trips over the plausibility requirement. Pleading a section 1985(3) conspiracy "requires at least minimum factual support of the existence of a conspiracy."
Francis-Sobel
v.
Univ. of Me.
,
In reaching this conclusion, we bear in mind that not every agreement is sufficient to ground a section 1985(3) conspiracy: the agreement must involve "some racial, or perhaps otherwise class-based, invidiously discriminatory animus behind the conspirators' action."
Griffin
v.
Breckenridge
,
The plaintiff makes a last-ditch effort to salvage her federal claims. She suggests that she needs discovery in order to obtain "internal materials" from state agencies that would support her conclusory allegations and, thus, her federal claims were prematurely dismissed. This suggestion, though, puts the cart before the horse: the plausibility analysis takes into account whether " 'modest discovery may provide the missing link' that will allow the appellant to go to trial on her claim."
García-Catalán
,
The assertion of a need for discovery does not trump the plausibility requirement: a plaintiff must state a plausible claim before she can invoke a right to discovery. In other words, a plaintiff can open the door to discovery only if she first alleges "enough fact[s] to raise a reasonable expectation that discovery will reveal evidence" of actionable misconduct.
Twombly
,
*19
As we already have explained, the proposed amended complaint does not pass this test. It fails to set forth facts plausibly supporting the plaintiff's charges of supervisory liability and civil rights conspiracy. Nor does it set forth facts sufficient to create a reasonable expectation that discovery would be anything more than a shot in the dark. Because there is nothing in the proposed amended complaint that lifts the plaintiff's supervisory liability and conspiracy claims beyond the realm of speculation, we cannot "unlock the doors of discovery."
Iqbal
,
III
We add a coda. The Supreme Court has made pellucid that assault in prison is "not 'part of the penalty that criminal offenders pay for their offenses against society,' "
Farmer
v.
Brennan
,
Given the absence of any such allegations and the lack of any factual averments that would plausibly support a claim of willful blindness on the defendants' part, liability in this case cannot be premised on Shanks's failure to spread the word. We caution, though, that no one should read our opinion as insulating from liability correctional officials who fail to maintain a meaningful and clearly communicated process for detecting sexual abuse of inmates, as that would be inconsistent with our view of the deliberate indifference standard.
IV
We need go no further. Moral indignation alone is not enough to permit a court either to hold prison officials liable for every abuse that occurs within a correctional facility or to authorize a plaintiff to embark on a fishing expedition.
Cf.
Affirmed .
The plaintiff's suit also named Dall-Leighton, Shanks, and the State of Maine. She had varying degrees of success against these defendants, ultimately securing a default judgment against Dall-Leighton, settling with Shanks, and losing against the State of Maine on sovereign immunity grounds. Since the details of these forays are not material here, we make no further mention of them.
For the sake of completeness, we note that certain rulings of the district court had the effect of precluding the plaintiff from pursuing her supplementary state-law claims. Those rulings are not challenged on appeal.
The defendants originally were sued in both their individual and their official capacities, but the district court made short shrift of the official-capacity claims.
See
Parker
,
The
Twombly
Court considered this question in the context of an antitrust claim against a telephone service provider.
See
Indeed, the district court noted that the plaintiff's allegations seemed to "establish that corrections officials had acted to investigate and address threats of inmate sexual abuse by corrections officers." Parker,
Reference
- Full Case Name
- Bridget PARKER, Plaintiff, Appellant, v. Scott LANDRY, Et Al., Defendants, Appellees.
- Cited By
- 132 cases
- Status
- Published