Christopher Sandknop v. Brian O'Connell
Opinion
Christopher Sandknop filed a pro se § 1983 claim against the Missouri Department of Corrections ("MDOC"), the warden of the Ozark Correctional Center ("OCC"), and a former probation and parole officer at the OCC, alleging that he was unlawfully deprived of his liberty as a result of statements made by the former probation and parole officer to a local state court. The district court 1 concluded that the warden and the officer were entitled to absolute and qualified immunity and dismissed Sandknop's suit. 2 Sandknop now appeals with the assistance of pro bono counsel. We affirm.
I. Background
On July 12, 2013, Christopher Sandknop pled guilty to driving while intoxicated. Sandknop had a number of prior convictions and was considered a "chronic offender" under section 577.001(5) of the Missouri Statutes Annotated. The state circuit judge sentenced Sandknop to a mandatory ten-year term of imprisonment. Notwithstanding the mandatory term, under Missouri law the court was authorized to suspend the sentence of a chronic offender to allow the offender to participate in a custodial substance abuse treatment program. See Mo. Stat. Ann. § 217.362(2). Armed with this authority, the state court suspended Sandknop's sentence and ordered him to complete the substance abuse program.
A series of Missouri cases have addressed whether and to what extent offenders who successfully complete the substance abuse program are entitled to release on probation. The abuse treatment program created by the MDOC lasts for twelve months, even though the statute at issue allows the court to impose a sentence requiring the defendant to participate in an "institutional drug or alcohol treatment for a period of at least twelve and no more than twenty-four months, as well as a term of incarceration."
Id.
The statute further provides that when the defendant completes the program "the board of probation and parole shall advise the
*741
sentencing court of an offender's probationary release date thirty days prior to release. If the court determines that probation is not appropriate the court may order the execution of the offender's sentence."
Id.
at § 217.362(3). Despite the language of the statute, some trial courts in Missouri concluded that they were authorized to "retain jurisdiction" and order that an inmate could be held up to the twenty-four month maximum treatment period found in section 217.362(2).
See
Salm v. Mennemeyer
,
Sandknop completed the substance abuse treatment program after
Salm
was decided and attempted to secure his release. In response, the trial court entered an order "retaining jurisdiction" over Sandknop under the same theory that was ruled impermissible in
Salm
. Sandknop alleges that the court issued the order because a probation and parole officer at the OCC informed the court in an
ex parte
communication that it was entitled to do so, even though the opinion in
Salm
had warned the MDOC that its "court report investigations should no longer advise that section 217.362 allows trial courts to retain jurisdiction up to twenty-four months."
Pursuant to the state court's order, Sandknop was held for several additional months at the OCC after completing his treatment program. Sandknop sought a writ of mandamus compelling his release. The MDOC asked the Missouri Court of Appeals not to issue the writ due to a separate statutory provision stating that "[n]o chronic offender shall be eligible for parole or probation until he or she has served a minimum of two years imprisonment."
See
Mo. Stat. Ann. § 577.023.6(4) (2012) (recodified at Mo. Stat. Ann. § 577.010.6(5) ). The court of appeals noted that the trial court had not purported to exercise jurisdiction under section 577.023, declined to address the interplay between the two provisions, and issued a writ compelling the trial court to comply with section 217.362.
See
Sandknop v. Goldman
,
On remand the trial court amended its previous order to add a reference to section 577.023. The Supreme Court of Missouri later explained that a defendant is only eligible for release pursuant to section 217.362(3) after the defendant has served the two-year minimum specified in section 577.023.
See
State ex rel. Hodges v. Asel
,
Sandknop brought this § 1983 suit alleging that he was unconstitutionally deprived of his liberty because of the officer's ex parte communication to the state court stating that section 217.362 permitted Sandknop's continued detention. He also brought state-law claims of intentional infliction of emotional distress and false imprisonment. His § 1983 claims were dismissed on absolute and qualified immunity grounds. The district court declined to exercise supplemental jurisdiction over the remaining state-law claims. Sandknop appeals.
II. Discussion
To survive a motion to dismiss for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6), a complaint must provide "enough facts to state a claim to relief that is plausible on its face."
Bell Atl. Corp. v. Twombly
,
Sandknop's action is appropriately subject to 12(b)(6) dismissal because qualified immunity is established on the face of the complaint for each of the claims advanced against each defendant. An official is entitled to the affirmative defense of qualified immunity "unless the evidence establishes (1) that a plaintiff's constitutional rights have been violated, and (2) those rights were so clearly established at the time of the violation that a reasonable officer would have known that his actions were unlawful."
Sandknop's complaint does not contain sufficient allegations to overcome qualified immunity with regard to any statement the probation officer made to the state court before the court issued the order requiring Sandknop to be detained further. Nor does it provide any other reason that either the warden or the probation officer violated a clearly established constitutional right. 4
III. Conclusion
We affirm.
The Honorable Roseann A. Ketchmark, United States District Judge for the Western District of Missouri.
The court had previously dismissed the MDOC on the basis that the plaintiff could not include state entities in a § 1983 suit.
See
Will v. Mich. Dep't of State Police
,
The cases Sandknop cites to try to support his claim are inapposite.
See,
e.g.
,
Davis v. Hall
,
We note that Sandknop was required to be detained for a minimum of two years under section 577.023, so that detaining him during that period did not violate any clearly established constitutional right.
See
State ex rel. Hodges
,
Reference
- Full Case Name
- Christopher SANDKNOP Plaintiff - Appellant v. MISSOURI DEPARTMENT OF CORRECTIONS Defendant Brian O'Connell, Individually and Official Capacity Defendant - Appellee Missouri Department of Corrections, Board of Probation and Parole Defendant Aaron Jarrett, Individually and Official Capacity Defendant - Appellee
- Cited By
- 44 cases
- Status
- Published