Thomas Sanders v. Officer Dakota Clements, Sergeant Bert De Long, Officer Anothony Shepard, Officer Fleming, Hon. Craig Greenberg, Mayor, Chief of Police Jacquelyn Gwinn-Villaroel, Louisville/Jefferson County Metro Government

Summary

The United States District Court for the Western District of Kentucky considers motions to dismiss claims brought by Thomas Sanders under 42 U.S.C. § 1983 and Kentucky law arising from his arrest and alleged use of excessive force by Louisville Metro police officers. The court grants the motions to dismiss filed by Louisville/Jefferson County Metro Government, the mayor, and the chief of police, finding that the complaint inadequately pleaded municipal liability and personal or supervisory liability. The individual officer defendants had filed an answer and had not moved to dismiss.

Holdings

1. Sanders failed to plausibly allege that Metro maintained a policy or custom, ratified unconstitutional conduct, inadequately trained or supervised its officers with deliberate indifference, or tolerated constitutional violations in a manner that was the moving force behind his injuries. Counts 2, 3, and 7 were dismissed against Metro.
2. Sanders failed to plausibly allege that Mayor Greenberg personally participated in, authorized, approved, or knowingly acquiesced in the alleged constitutional deprivation. The individual-capacity claim against the Mayor was dismissed.
3. Sanders failed to plausibly allege that the Chief of Police authorized, approved, or knowingly acquiesced in unconstitutional conduct causing his injury. The individual-capacity § 1983 claim against the Chief of Police was dismissed.
4. Sanders failed to plausibly allege that the Chief of Police knew or had reason to know that the officers posed a risk or that her hiring, supervision, training, or retention proximately caused his injury. The negligent-supervision claim was dismissed.
5. Sanders failed to plausibly allege how the Chief of Police breached a duty of care or acted with wanton or reckless disregard for safety. The negligence and gross-negligence claims were dismissed.

Questions Presented

1. Whether Sanders plausibly alleged that Louisville/Jefferson County Metro Government had a policy or custom causing the alleged constitutional violations sufficient to support municipal liability under 42 U.S.C. § 1983.
2. Whether Sanders plausibly alleged the personal involvement or supervisory conduct necessary to impose individual-capacity § 1983 liability on the Mayor and Chief of Police.
3. Whether Sanders plausibly pleaded negligent supervision, retention, training, negligence, or gross negligence claims against the Chief of Police under Kentucky law.
4. Whether the claims against Metro, the Mayor, and the Chief of Police should be dismissed under Federal Rule of Civil Procedure 12(b)(6).

Disposition

other