Clarence Brown v. Allison Taylor
Opinion
*239
Clarence Brown filed a
pro se
complaint under
I.
A.
Because this case concerns Brown's civil commitment under the Texas Sexually Violent Predator Act (SVPA) between 2011 and 2012, we begin by briefly explaining the SVPA's background.
In 1999, the Texas Legislature created a civil commitment scheme to ensure "the long-term supervision and treatment" of "a small but extremely dangerous group of sexually violent predators" with "a behavioral abnormality ... that makes [them] likely to engage in repeated predatory acts of sexual violence."
The Supreme Court of Texas upheld the constitutionality of the original SVPA in
In re Commitment of Fisher
,
After the
Fisher
decision, the Texas Legislature amended the SVPA to require civilly committed persons "to reside in a Texas residential facility under contract" and to comply with "all written requirements imposed by a case manager." Act of June 17, 2011, 82d Leg., R.S., ch. 1201, § 8 (amended 2015) (current version at
In 2015, "to ensure the continued constitutionality of the Texas civil commitment program," the Texas Legislature overhauled the SVPA.
B.
We recounted the following regarding Brown's civil commitment in the previous appeal:
[In 1998,] Clarence Brown was convicted in Texas state court of one count of aggravated assault on a peace officer and three counts of sexual assault, and was sentenced to fifteen years in prison. Before Brown was released from prison [in October 2011], the state initiated civil commitment proceedings against him under [the SVPA]. A jury found that he had a behavioral abnormality that made him "likely to engage in a predatory act of sexual violence," and the trial court entered a final judgment ordering Brown civilly committed. In re Commitment of Brown , No. 09-10-00589-CV,2012 WL 4466348 , at *1 (Tex. App.-Beaumont Sept. 27, 2012). The order was affirmed on appeal.Id.
Brown v. Taylor
,
Brown has alleged the following facts in his first amended complaint. 3 Pursuant to the civil commitment order, OVSOM placed Brown at a facility in El Paso operated by Avalon Correctional Services, Inc. According to Brown, "[t]he El Paso facility [was] surrounded by razor wire" and *241 "equipped with surveillance cameras." Moreover, Brown alleges, the civilly committed residents were housed with prisoners and parolees and subject to "daily random searches" and property restrictions. Brown filed several complaints with Avalon's home office about confiscation of property, "squalid living conditions," "harassment from staff members and prisoners/parolees," and inadequate grievance procedure.
On March 8, 2012, Brown was transferred to a different Avalon facility in Fort Worth, which "operate[d] very similar[ly] to the El Paso facility." During in-processing on the next day, the facility staff informed Brown that he needed to sign certain forms acknowledging and agreeing to the facility's rules. Unsure how the rules applied to civilly committed residents, as compared to prisoners or parolees, Brown sought clarification before signing the forms. A case manager, Clemmy Washington, advised him over the phone to "hold on" as "he would be there shortly to go over the rules." While Brown awaited, Facility Director Greg Basham directed a staff member over the phone to instruct Brown to sign the forms "right then and there." Brown continued to wait and "mentioned filing a lawsuit against Avalon in El Paso concerning the same rules."
When Washington arrived, he explained that Basham "had called [the Avalon home office] and rejected [Brown] from his facility...." The facility staff subsequently informed Brown that he would be arrested for his failure to sign the forms. While Brown was packing, Basham approached him and "began yelling and screaming that he would not tolerate [Brown] causing problems at his facility, like he did in El Paso," "that he had been contacted by people in El Paso that [Brown] would be a problem, and that [Basham] would not tolerate [Brown] contacting [Avalon's home office] under [any] circumstances." Brown was soon arrested, indicted for violating the terms of his commitment, and confined at the Tarrant County Jail as a pre-trial detainee.
After six months in the Tarrant County Jail, on September 13, 2012, Brown posted bond. Instead of releasing Brown to a residential facility, however, Tarrant County Sheriff Dee Anderson transferred him to the Cold Springs Jail. Brown alleges-and the state concedes-that he was not provided sex offender counseling treatment at the Cold Springs Jail until he was acquitted. See ROA.100-07, 504; Oral Argument at 30:46-31:13; 37:25-39:33, Brown v. Taylor (No. 16-11644).
When Brown was eventually acquitted of violating the terms of the commitment order on October 3, 2012, he was not immediately released from the Cold Springs Jail. Brown alleges that Washington "conveyed to [him] that he would continue to remain in the Cold Spring Jail until [he] learned to quit filing grievances and lawsuits." During this time, although Brown was permitted to attend sex offender treatment, he was otherwise treated as an inmate. Over a month after acquittal, Brown was finally transferred to a different residential facility in Houston not run by Avalon. 4
Brown filed a
pro se
complaint under
On remand, the district court instructed Brown to "identif[y] every defendant he is suing by name" and "indicate[ ] the capacity (individual or official or both) in which he is suing each individual defendant." Brown's first amended complaint identified the following defendants in their individual capacity: Allison Taylor, the former executive director of OVSOM; Brian Costello, Avalon's president; Carlos Morales, El Paso facility manager; Basham; Anderson; and Tarrant County Commissioners' Court. 5
Just one day after receiving Brown's first amended complaint, the district court sua sponte dismissed the claims against the defendants in their official capacity as abandoned. The district court also concluded that Brown abandoned numerous defendants, in individual and official capacity, previously named in the original complaint but not named in the first amended complaint. Brown attempted to file the second amended complaint, asserting that "[a]lthough [he] made a mistake in the captioning of parties, [his] wording within the suit indicate[d] what his intentions were" and that did not abandon the claims against those parties in their official capacity. The district court denied Brown leave to amend his complaint, noting that it had clearly admonished Brown to indicate the defendants' capacity. In a separate order, the district court also sua sponte dismissed the claims against the defendants in their individual capacity.
Brown appeals the dismissal of his (1) due process claim against "Avalon defendants" and Taylor based on the prison-like conditions of Avalon's El Paso and Forth Worth facilities; (2) due process claim against Anderson, Tarrant County, and Taylor for his confinement at the Cold Springs Jail despite posting bond and being acquitted; and (3) retaliation claim against Basham and Taylor for rejecting him from the Fort Worth facility and subjecting him to the subsequent confinement. Brown also appeals the denial of leave to file the second amended complaint. 6
II.
"We review a dismissal for failure to state a claim
de novo
and a denial of leave to amend a complaint for abuse of discretion."
Innova Hosp. San Antonio, L.P. v. Blue Cross & Blue Shield of Ga., Inc.
,
*243 III.
We first turn to the district court's sua sponte dismissal of Brown's due process claims.
A.
Brown contends that he has stated a cognizable claim that the "Avalon defendants" and Taylor violated due process by subjecting him to prison-like conditions at Avalon's El Paso and Fort Worth facilities. We disagree.
"Although freedom from physical restraint 'has always been at the core of the liberty protected by the Due Process Clause from arbitrary governmental action,' that liberty interest is not absolute."
Kansas v. Hendricks
,
While such civilly committed persons are "entitled to more considerate treatment and conditions of confinement than criminals whose conditions of confinement are designed to punish," the Constitution nevertheless affords a state wide latitude in crafting a civil commitment scheme.
Youngberg v. Romeo
,
Brown has not sufficiently alleged how the conditions at Avalon's facilities lacked a reasonable relation to Texas's twin goals of "long-term supervision and treatment of sexually violent predators."
Accordingly, we hold that Brown has failed to state a due process claim based on his confinement in El Paso and Fort Worth.
B.
Next, Brown contends that he has stated a valid claim that Anderson, Tarrant County, and Taylor violated due process by confining him at the Cold Springs Jail despite posting bond and being acquitted. We hold that he has stated a valid claim against Anderson and Tarrant County, but not Taylor, as to his post-bond confinement. We also hold that he has failed to state a claim as to his post-acquittal confinement.
Brown has stated a cognizable due process claim that his post-bond confinement at the Cold Springs Jail was not reasonably related to supervision and treatment.
See
Seling
,
The state contends that Brown's confinement at the Cold Springs Jail was permissible because it was done pursuant to a civil commitment order. While the state could not release Brown on his own recognizance, the state should have nonetheless released him to a residential facility pursuant to the SVPA. And even if the Cold Springs Jail was a residential facility under contract with OVSOM, the "conditions and duration" of Brown's confinement at the Cold Springs Jail needed to bear "some reasonable relation to" supervision and treatment.
Seling
,
The state also contends that Brown's claims are not cognizable because Anderson, Tarrant County, and Taylor did not cause Brown's confinement at the Cold Springs Jail. As to Anderson and Tarrant County, Brown's allegations are sufficient. Brown alleges that Anderson "agreed to confine [him] within [Anderson's] facility." Tarrant County can be a proper defendant because Anderson is its sheriff.
7
See
Turner v. Upton Cty.
,
Tex.
,
As to Brown's continued confinement after his acquittal, he has not stated a cognizable due process claim. After acquittal, the state resumed providing him with sex offender treatment and permitted him to leave the Cold Springs Jail pursuant to his supervision level. These conditions, therefore, bore a reasonable relation to supervision and treatment.
For these reasons, we hold that Brown has stated a due process claim against Anderson and Tarrant County, but not Taylor, for his post-bond confinement at the Cold Springs Jail. Brown has not, however, stated a claim for his post-acquittal confinement at the Cold Springs Jail.
IV.
We now turn to the district court's sua sponte dismissal of Brown's retaliation claim. Brown contends that he has stated a valid retaliation claim against Basham and Taylor for rejecting him from the Fort Worth facility and subjecting him to subsequent confinement. 8 We agree as to Basham but not Taylor.
"To state a valid claim for retaliation under [S]ection 1983, a prisoner must allege (1) a specific constitutional right, (2) the defendant's intent to retaliate against the prisoner for his or her exercise of that right, (3) a retaliatory adverse act, and (4) causation."
Bibbs v. Early
,
Brown has sufficiently alleged not only a chronology of events that bespeaks retaliation, but also Avalon employees' statements and actions-if true-that could constitute direct evidence of retaliatory motive.
See
The district court did not engage with these factual allegations at all, much less take them as true as it was bound to do at this stage.
See
Richardson
, 780 F.3d at 304-05. Instead, the district court dismissed Brown's claims against Basham on the grounds that "threatening language" and "choosing not to keep [Brown] at the facility" do not constitute a constitutional violation. This misses the point. Although rejection from the facility alone would not constitute a cognizable retaliation claim, rejection
as a measure of retaliation
for Brown's exercise of protected activity is a cognizable claim.
See
Bibbs
,
Brown's allegations against Taylor, however, are insufficient. Brown alleges that Taylor "forced" him to remain at Cold Springs Jail for filing grievances "through policies, practice[s], and procedures." Beside Taylor's role as the head of OVSOM, however, Brown has not alleged Taylor's personal involvement in his confinement or actions that caused his woes.
See
Evett
,
V.
Brown contends that the district court abused its discretion in denying him leave to amend his complaint to include the claims against the defendants in their official capacity. We agree.
"Rule 15(a) requires a trial court to '
freely
give leave when justice so requires.' "
N. Cypress Med. Ctr. Operating Co., Ltd v. Aetna Life Ins. Co.
,
*247
The district court has not provided a substantial reason for denying Brown leave to amend his complaint. Although the district court had admonished Brown to indicate the defendants' capacity, Brown had not made any other mistakes. In other words, there was no "repeated failures to cure deficiencies" that could overcome "the presumption in favor of allowing pleading amendments."
N. Cypress Med.
,
Moreover, Brown readily admitted his error, attempted to explain his intent to sue the defendants in their official capacity from the content of his first amended complaint, and provided a proposed amendment.
Cf.
Yumilicious Franchise L.L.C. v. Barrie
,
In a footnote, the district court stated that "the majority of [official-capacity] claims ... would be barred by the Eleventh Amendment" and that "plaintiff has not pleaded facts sufficient to state a claim against Tarrant County." The state contends that the district court properly denied leave to amend the complaint as futile because the official-capacity claims would be barred. But even under the district court's stated reasoning, not all claims would be barred, and Brown could potentially state a claim against Tarrant County.
See also
N. Cypress Med. Ctr.
,
By failing to provide a substantial reason, the district court erred in denying Brown leave to amend his complaint under these circumstances.
VI.
For the foregoing reasons, we AFFIRM in part the district court's dismissal of Brown's due process and retaliation claims against Taylor and due process claims against the Avalon defendants. We VACATE the dismissal of Brown's due process claim against Anderson and Tarrant County and retaliation claim against Basham, as well as the denial of leave to amend the complaint. We REMAND for further proceedings consistent with this opinion.
The original version of the SVPA imposed many additional requirements that could trigger a third-degree felony prosecution.
In 2017, the Texas Court of Criminal Appeals upheld the new SVPA against a challenge based on the Texas Constitution, but the court had no occasion to opine on the SVPA's viability under the United States Constitution.
Vandyke
,
Without opining on the correctness of the ruling, we also note that a district court in the Northern District of Texas granted habeas relief to an inmate convicted of violating a commitment condition imposed by the court that ordered his civil commitment.
Russell v. Davis
,
We accept these facts as true and view them in light most favorable to him as we are required to do at this stage.
See
Richardson v. Axion Logistics, L.L.C.
,
Brown has not brought any claims based on the Houston facility's conditions.
The first amended complaint also alleged various claims against three officers of the Texas Department of Public Safety and Tarrant County District Attorney. Brown does not appeal, and has forfeited, these claims.
See
Med. Ctr. Pharmacy v. Holder
,
The State of Texas sought to participate in this appeal as an amicus curiae , submitted a brief, volunteered to appear for oral argument, and addressed the merits of the case. We deem it to have appeared as a party. On remand, the district court shall direct the State of Texas to formally appear.
In his
pro se
complaint, Brown named Tarrant County Commissioners' Court, instead of Tarrant County itself. For this appeal, we will construe his complaint liberally and treat this claim as a claim against Tarrant County itself.
See
Wilson v. Dallas Cty.
, No. 3:11-CV-879-L.,
Brown explicitly disclaimed that he was asserting a retaliatory arrest claim as his arrest was supported by probable cause.
The state asserts that Brown's retaliation claim fails because "Brown has no protectable interest under the First Amendment to disobey facility rules or refuse to sign a rules package." State's Brief at 29. Brown has sufficiently alleged that Basham retaliated against him for filing grievances, which is a constitutionally protected activity.
Reference
- Full Case Name
- Clarence D. BROWN, Plaintiff-Appellant, v. Allison TAYLOR, in Her Official and Individual Capacity as Executive Director, Office of Violent Sex Offender Management; Diana Lemon, in Her Official and Individual Capacity as Program Specialist/Case Manager Office of Violent Sex Offender Management; Brian Costello, in His Official and Individual Capacity as President, Avalon Correctional Services, Incorporated; Greg Basham, in His Official and Individual Capacity as Facility Administrator, Avalon Correctional Services, Incorporated; Carlos Morales, in His Official and Individual Capacity as Facility Administrator, Avalon Correctional Services, Incorporated; Tarrant County; Montgomery County; David Crook, in Official and Individual Capacity as Agents of the Texas Department of Public Safety; Manuel Sanchez, in Official and Individual Capacity as Agents of the Texas Department of Public Safety; Josh Burson, in Official and Individual Capacity as Agents of the Texas Department of Public Safety, Defendants-Appellees.
- Cited By
- 56 cases
- Status
- Published