Paige Ray-Cluney v. Charles Palmer
Opinion
The State of Iowa declared Laera Reed and Paige Ray-Cluney delinquent youths and sent them to a juvenile institution in Wisconsin. Plaintiffs filed suit under
I. Background
A. Factual Background
In January 2014, the State of Iowa closed the Iowa Girls State Training School in Toledo, Iowa. Defendant Charles Palmer, Director of the Iowa Department of Human Services, subsequently contracted with the State of Wisconsin to use the Wisconsin Girls State Training School (also known as "Copper Lake") in Irma, Wisconsin. Under the terms of the agreement, Iowa agreed to pay Wisconsin $301 per day for each child.
According to plaintiffs, Copper Lake comes with a disreputable history. They claim that, since its opening in 2011, it "has had a very high turnover rate of employees," leading to "over worked and untrained staff." They further assert that between 2012 and 2016, the facility received criticism from multiple Wisconsin circuit court judges regarding its "sordid" and "inhumane" treatment of juveniles. Plaintiffs claim a state criminal probe into Copper Lake began in 2015.
Iowa juvenile courts ordered plaintiffs Paige Ray-Cluney and Laura Reed to be placed at Copper Lake on March 10 and June 4, 2015, respectively. At the time, both girls were sixteen years old. Plaintiffs claim that during their stays, Copper Lake staff subjected them to prolonged periods of "isolation," 1 which involved spending *545 approximately twenty-two out of twenty-four hours each day in a seven-foot by ten-foot concrete cell furnished with only a metal cot and a thin mattress. They allege these isolation cells had urine stains on the floor and wall, and only one window "covered by a thick cage reducing light that [could] pass through." They claim that during their limited periods of release, they were only allowed to "shower, clean [their] room[s], receive 15 minutes to exercise, receive 10-15 minutes to write a letter, and use the restroom." If any time remained, they were required to sit in chairs by themselves and were "not allowed to speak." They allege they were not released from isolation for meals and received little or no educational instruction. Both plaintiffs attempted suicide.
In addition to solitary confinement, plaintiffs also claim they were subjected to excessive force. Reed alleges that, during one of her periods of isolation, a security guard pulled her "fingers through the food tray slot in the cell door," causing "scrapes and bleeding." She further asserts that, on an occasion when she attempted self-harm by placing her head underneath her cot, the same security guard stood on top of the cot in order to tighten it against her neck. She also alleges the security guard "slammed her against [her] cell wall with such force as to leave a contusion on her head and a laceration on her lips." Meanwhile, Ray-Cluney alleges she was "placed in restraints so tight that they left her arm purple" and "had her head rammed against the wall of the cell." Finally, both plaintiffs claim Copper Lake staff sprayed them with mace on multiple occasions.
B. Procedural Background
Plaintiffs separately filed suit in the Western District of Wisconsin on August 1, 2017. They each asserted violations of the Fourth, Eighth, and Fourteenth Amendments under
The named defendants in both cases were almost entirely Wisconsin officials associated with Copper Lake. 2 The lone exception was Palmer. According to the complaints in each case: the state of Iowa, by and through Palmer, contracted with the state of Wisconsin to use the Copper Lake facility; Palmer had custody of both plaintiffs in June 2015 pursuant to court orders; the State of Iowa, by and through Palmer, "monitored and received reports concerning [plaintiffs'] confinement at Copper Lake"; and Palmer knew or should have known of Copper Lake's use of isolation cells and, despite this knowledge, failed to remove the Iowa girls, failed to ensure Copper Lake's staff were properly trained and supervised, and acted with deliberate indifference in doing so. 3
Palmer moved to dismiss the claims against him in both cases. He raised multiple legal objections, including: (1) lack of personal jurisdiction; (2) forum non conve niens *546 ; (3) Eleventh Amendment immunity; (4) failure to state a claim upon which relief may be granted; (5) absolute immunity; (6) qualified immunity; (7) lack of personal responsibility; and (8) failure to exhaust administrative remedies related to the tort claims. Palmer also argued that the district court should abstain from determining the contours of the state constitutional claims raised in Reed's complaint.
The district court concluded that it "need not address" Palmer's personal jurisdiction defense because it could "resolv[e] the suit on the merits." Specifically, the court found that no law clearly established "what the [C]onstitution requires of a government official in [Palmer's] position under similar circumstances." As a result, the court held qualified immunity barred plaintiffs' federal constitutional claims. The court further dismissed plaintiffs' common law claims for failure to exhaust administrative remedies and declined to exercise supplemental jurisdiction over the remaining state constitutional claims. 4 This appeal followed. 5
II. Discussion
A. Qualified Immunity
We review the district court's qualified immunity analysis on a Rule 12(b)(6) motion de novo.
Ewell v. Toney
,
"The doctrine of qualified immunity protects government officials '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.' "
Pearson v. Callahan
,
"A state official is protected by qualified immunity unless the plaintiff shows: '(1) that the official violated a statutory or constitutional right, and (2) that the right was "clearly established" at the time of the challenged conduct.' "
Kemp v. Liebel
,
Under the clearly established prong, "the burden is on plaintiffs to demonstrate the alleged violation of their [constitutional] right[s] was 'clearly established.' "
Ordinarily, to show that the law was "clearly established," plaintiffs must point to a "closely analogous case" finding the alleged violation unlawful.
Findlay v. Lendermon
,
Alternatively, "[i]n some rare cases, where the constitutional violation is patently obvious, the plaintiffs may not be required to present the court with any analogous cases."
Jacobs
,
Importantly, "[b]efore we can determine if the law was clearly established, 'the right allegedly violated must be
*548
defined at the appropriate level of specificity.' "
Kemp
,
B. Qualified Immunity Defenses at the Rule 12(b)(6) Stage
Because a qualified immunity defense so closely depends "on the facts of the case," a "complaint is generally not dismissed under Rule 12(b)(6) on qualified immunity grounds."
Alvarado v. Litscher
,
The plausibility standard creates tension at this stage of litigation between developing the requisite facts for a well-informed qualified immunity determination and preserving a government official's right to avoid the burdens of pretrial matters, including discovery.
See
Behrens v. Pelletier
,
[I]t appears that in some cases, a complaint may be dismissed under Rule 12(b)(6) on qualified immunity grounds.... In that case, while the plaintiff may have stated a claim, it is not one "upon which relief can be granted" and a court may properly address this purely legal question under Rule 12(b)(6). However, in many cases, the existence of qualified immunity will depend on the particular facts of a given case. In those cases, the plaintiff is not required initially to plead factual allegations that anticipate and overcome a defense of qualified immunity.... The district court then has a variety of means at its disposal to move the case incrementally forward in order to address the *549 qualified immunity issue at the earliest possible stage, so that a defendant who is immune from suit is not put through the time, effort and expense of defending himself against a claim upon which, ultimately, no relief can be granted.
Jacobs
,
In short, "[a]sserting a qualified immunity defense via a Rule 12(b)(6) motion ... subjects the defendant to a more challenging standard of review than would apply on summary judgment."
Thomas
,
C. Palmer's Qualified Immunity Defense
Given this backdrop, the district court acted prematurely in deciding Palmer's entitlement to qualified immunity at the motion to dismiss stage. The court found that, during the time period alleged in the complaints, no law clearly established "what the [C]onstitution requires of a government official in [Palmer's] position under similar circumstances."
Palmer's position is determined with reference to the well-pleaded factual allegations in plaintiffs' complaints, which are taken as true and considered in the light most favorable to plaintiffs on a Rule 12(b)(6) motion to dismiss.
See
Ewell
,
Plaintiffs have sufficiently alleged that their constitutional rights were violated through excessive use of isolation cells at Copper Lake. Supreme Court precedent is not clear about whether state juvenile detention facility conditions should be judged under the Eighth Amendment's Cruel and Unusual Punishment Clause or the Fourteenth Amendment's Due Process Clause.
See
Gary H. v. Hegstrom
,
*550
Santana v. Collazo
,
In a case over forty years ago, we applied the Eighth Amendment's cruel and unusual punishment standard to evaluate the use of corporal punishment and tranquilizing drugs at a juvenile correctional institution.
See
Nelson v. Heyne
,
Meanwhile, other circuits have applied the Fourteenth Amendment's "more protective" Due Process Clause in evaluating juvenile detention center conditions.
Gary H.
,
To determine "the constitutionality of conditions or restrictions of pretrial detention" using a Fourteenth Amendment due process inquiry, courts must first evaluate "whether those conditions amount to punishment of the detainee," because "a detainee may not be punished prior to an adjudication of guilt in accordance with due process of law."
Bell v. Wolfish
,
At the time plaintiffs were allegedly in Palmer's custody, isolation of pre-trial juvenile detainees not "reasonably related to a legitimate governmental objective,"
Bell
,
On the present record, however, it is impossible to determine whether such a constitutional violation occurred in plaintiffs' cases. We know the respective complaints allege plaintiffs spent an inordinate amount of time at Copper Lake in isolation. However, we do not know the reasons behind their seclusion. We therefore cannot evaluate, under the Fourteenth Amendment, whether Palmer-or the other defendants-acted reasonably pursuant to a "legitimate governmental objective" or instead unlawfully "punished" plaintiffs.
See
Bell
,
Whether the alleged actions herein were "reasonably related to a legitimate institutional interest," or were for the "legitimate purpose" of containing Plaintiff's violent behavior, requires a factual inquiry that cannot be accomplished at this stage of proceedings so long as Plaintiff has alleged facts that generate a plausible claim. Taking the complaint in its entirety, Defendants' current legal arguments [did] not render implausible the allegations in the complaint. Additionally, ... even if a legitimate purpose for isolating a detainee is provided, a due process violation may still occur if the conditions imposed are excessive in relation to the nonpunitive purpose, a further factual inquiry .... Accordingly, Defendants have not shown that they are entitled to qualified immunity on the face of the compliant.
Turner v. Palmer
,
This case involves the added wrinkle that plaintiffs were housed in Wisconsin, not in Iowa. In other words, Palmer was not one of the Copper Lake officials placing plaintiffs in isolation. Rather, plaintiffs allege Palmer only contracted with Wisconsin to send juveniles to Copper Lake and later "received" and "monitored" reports regarding the juveniles sent there. According to the district court, this made the claims against Palmer "completely different" from other cases where the defendants "actually controlled and operated the institution in which the abuse had occurred and 'oversaw the use of the isolation cells in which [the] plaintiff was confined.' " (alteration in original) (quoting
Turner
,
Palmer's additional degree of separation is a distinguishing feature of this litigation, but at the motion to dismiss stage, our conclusion does not change. Under
DeShaney v. Winnebago County Department of Social Services
, it is clearly established that the Due Process Clause "forbids the State itself to deprive individuals of life, liberty, or property without 'due process of law,' " but does not "impose an affirmative obligation on the State to ensure that those interests do not come to harm through other means."
*552
It is equally established, however, that an exception to the
DeShaney
principle arises "if the state has a 'special relationship' with a person, that is, if the state has custody of a person, thus cutting off alternate avenues of aid."
Monfils v. Taylor
,
On multiple occasions, we have applied the "special relationship" exception to cases where "the State removes a child from her natural parents."
This case differs from
Berman
and
Waubanascum
; plaintiffs were placed at an out-of-state institution, not a private foster care home. Nevertheless, in
K.H.
, we defined the relevant constitutional right as "the right of a child in state custody not to be handed over by state officers to a foster parent
or other custodian, private or public
whom the state knows or suspects to be a child abuser."
The district court critiqued plaintiffs' failure to "provide any details" about the reports Palmer allegedly received or what his alleged monitoring entailed. However, as noted above, plaintiffs do not need to provide such details to cross the "plausibility" threshold at this stage: they need only include enough facts in their complaint "to present a story that holds together."
Catinella
,
Palmer's remaining objections are undermined by the preliminary stage of the proceedings. He argues, for example, that he "did not have direct custody of the Plaintiffs." But this is directly contradicted by plaintiffs' complaints, which state they were both in "custody of ... Palmer" during their time at Copper Lake. He further complains that plaintiffs "cannot show that ... [he] actually knew either girl was at risk of harm at the time of her placement." Maybe so. At this juncture, however, we are tied to plaintiffs' well-pleaded allegations, which expressly allege that Palmer "knew or should have known of the systemic and excessive use of isolation cells."
Of course, the above discussion does not preclude Palmer from securing qualified immunity later.
7
It is entirely possible, for example, that plaintiffs did not endure the extent of isolation that they allege. It is equally feasible that such solitary confinement was ordered pursuant to a legitimate governmental objective, or that plaintiffs will be unable to marshal evidence to show that defendants' actions substantially departed from accepted standards. Plaintiffs might also overstate Palmer's true level of involvement or his actual or constructive knowledge of the allegedly unconstitutional activity. If so, the district court would possess the authority to revisit the issue. In the meantime, however, this case is one that would greatly benefit from a more robust record. In short, although qualified immunity defenses should be decided at "the earliest possible stage in litigation,"
Hunter v. Bryant
,
Such a result does not condemn the district court to unnecessary litigation or impede Palmer's potential right to be free from suit. The district court has "a variety of means ... to move the case incrementally forward in order to address the qualified immunity issue at the earliest possible
*554
stage."
III. Conclusion
For the foregoing reasons, we REVERSE the judgment of the district court in favor of Palmer on plaintiffs' claims against him and REMAND for further proceedings consistent with this opinion.
Specifically, plaintiffs allege that Reed spent at least thirty-four days in isolation between August and October 2015, and another thirty to forty days in isolation between November 2015 and February 2016. They allege Ray-Cluney spent at least four weeks in isolation between June 29 and September 14, 2015, and all but three days in isolation between September 14 and December 15, 2015. Overall, Reed believes she was held in isolation for over two months and Ray-Cluney asserts she was in isolation for over five months.
These defendants included Copper Lake's current and former Superintendent, Deputy Superintendent, Director of Security, Corrections Unit Supervisor, and security guards, as well as the Wisconsin Administrator of Juvenile Corrections.
Plaintiffs do not allege that Palmer had any knowledge of Copper Lake's use of excessive force.
Plaintiffs do not challenge this aspect of the district court's ruling, and they have filed a complaint in Iowa state court asserting all of their state law claims.
The district court entered a partial judgment in favor of Palmer pursuant to Federal Rule of Civil Procedure 54(b). See Fed. R. Civ. P. 54(b) ("[W]hen multiple parties are involved, the court may direct entry of a final judgment as to one or more, but fewer than all, ... parties ... if the court expressly determines that there is no just reason for delay."). Plaintiffs' claims against the Wisconsin defendants remain pending.
The D.C. Circuit's decision in
Smith v. District of Columbia
,
This case closely resembles Smith . Just as the District retained legal custody of the deceased in Smith , plaintiffs here allege that Palmer and the Iowa Department of Human Services retained legal custody for their well-being. Although Palmer argues that plaintiffs' placement was technically made-and controlled-by judicial rather than executive order, that same fact did not prevent the Smith court from holding the District liable. Nor did the fact that the District contracted its day-to-day hands-on responsibilities to an outside entity, which is precisely what Palmer did here, change the court's decision.
It also does not preclude Palmer from reasserting any of his defenses that the district court declined to address on the initial motion to dismiss, including his personal jurisdiction defense.
Cf.
Transamerica Ins. Co. v. South
,
Reference
- Full Case Name
- Laera D. REED and Paige Ray-Cluney, Plaintiffs-Appellants, v. Charles PALMER, Defendant-Appellee.
- Cited By
- 232 cases
- Status
- Published