Summary
The Fifth Circuit affirmed the district court’s summary judgment dismissing the Davises’ 42 U.S.C. § 1983 and Louisiana state-law negligence and respondeat superior claims against the City of Bunkie, its mayor, and its police chief in their official capacities. The claims arose from an illegal sexual relationship between a Bunkie police officer and the Davises’ minor daughter, and alleged municipal policy or custom, negligent supervision and investigation, and vicarious liability.
Topics
Practice areas
Questions Presented
- Whether the district court properly granted summary judgment dismissing the Davises' 42 U.S.C. § 1983 claims against the City and its officials in their official capacities.
- Whether the district court properly granted summary judgment dismissing the Davises' Louisiana negligence, negligent supervision and investigation, and respondeat superior claims.
Holdings
- The Fifth Circuit affirmed the district court's summary judgment dismissal of the Davises' 42 U.S.C. § 1983, negligence, and respondeat superior claims in all respects.
- An official-capacity suit is treated as a suit against the governmental entity, other than in name, when the entity receives notice and an opportunity to respond.
Key quotations
“As long as the government entity receives notice and an opportunity to respond, an official-capacity suit is, in all respects other than name, to be treated as a suit against the entity.” (348 F. App'x at 52)
Factual background
The Davises' minor daughter developed an illegal sexual relationship with a Bunkie police officer who was not a party to the appeal or the underlying motion. The Davises sued the City of Bunkie, its mayor, and its police chief solely in their official capacities. Their federal claims alleged that a City policy or custom caused the harm, while their state-law claims alleged negligent supervision and investigation and vicarious liability for the officer's conduct.
Procedural history
The Davises brought federal civil-rights and state-law claims arising from an illegal sexual relationship between their minor daughter and a Bunkie police officer. The United States District Court for the Western District of Louisiana granted summary judgment to the defendants and dismissed the claims. The Fifth Circuit reviewed the record and applicable federal and state law and affirmed in all respects.